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Dáil Éireann díospóireacht -
Tuesday, 25 Apr 2006

Vol. 618 No. 1

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 11, inclusive, answered orally.
Questions Nos. 12 to 58, inclusive, resubmitted.
Questions Nos. 59 to 62, inclusive, answered orally.
Question No. 63 withdrawn.
Questions Nos. 64 to 68, inclusive, answered orally.

Transport Policy.

Jimmy Deenihan

Ceist:

69 Mr. Deenihan asked the Minister for Arts, Sport and Tourism the input that his Department will have in the implementation of Transport 21, especially in reespect of vital tourist routes; and if he will make a statement on the matter. [15153/06]

As the House is aware, I am not responsible for implementing Transport 21. That responsibility lies with my colleague the Minister for Transport, Deputy Cullen.

Transport 21 addresses many issues of importance to tourism development. My Department has developed a close policy relationship with the Department of Transport on issues of concern to tourism. It has also been in dialogue with the National Roads Authority and the Department of the Environment, Heritage and Local Government. This dialogue has also been facilitated by the tourism action plan implementation group.

In 2004, the regional tourism authorities identified a number of routes which they considered of key interest from a tourism perspective and these have been communicated to the relevant authorities.

Transport 21 identifies a number of national secondary roads for improvement such as the N56 — Donegal-Letterkenny coastal route; the N59 — Mayo-Galway coastal route; the N67 — Clare coastal route; the N69 — Limerick-Tralee route; the N70 — Ring of Kerry; the N71 — west Cork coastal route; and the N86 — Tralee-Dingle route. The inclusion of these key tourism routes in Transport 21 indicates the importance with which the Government views the economic contribution of the tourism industry.

Fáilte Ireland has a new environmental unit which is taking a more active role in regard to environmental, planning and infrastructure issues. Through its role as a prescribed body in the planning process, Fáilte Ireland inputs on an ongoing basis to proposals for new road and rail projects. It is currently engaging in the consultation stage of the route selection for the metro north in Dublin.

It is also liaising with the National Roads Authority on the identification of priorities for tourist signposting as part of the implementation of a major four-year programme to improve directional signage on national routes. This involves a review of the 1988 guidelines on tourist signposting in Ireland.

My Department continues to develop its relationship with the Department of Transport and other key transport players to ensure, as far as possible, that the implementation of Transport 21 reflects the continuing needs and priorities of the tourism sector.

Cultural Projects.

Seymour Crawford

Ceist:

70 Mr. Crawford asked the Minister for Arts, Sport and Tourism if the necessary funding will be provided for a new theatre in Monaghan town, which is being supported by the town council, county council and all other relevant bodies; his views on whether this is a very worthy project; if funding will be made available in 2006; and if he will make a statement on the matter. [15099/06]

My Department supports capital arts projects through the arts and culture capital enhancement support scheme or ACCESS scheme. Under the ACCESS scheme, 180 applications were received and 44 of these were selected for funding in 2001. A total of €45.71 million was available for the scheme but applications for grant aid of £224 million were received. All the funds under the current scheme have been fully allocated. Difficult decisions had to be made and many worthwhile projects, including this one, were not successful on that occasion.

I hope to announce a successor to the ACCESS scheme in the near future. Applications for any such successor scheme will be invited by public advertisement. Applications will be assessed in an objective way on the basis of clear and transparent evidence and advice. I will be meeting shortly with representatives from the Monaghan theatre project to discuss the project in greater detail.

Punchestown Festival.

Brendan Howlin

Ceist:

71 Mr. Howlin asked the Minister for Arts, Sport and Tourism the efforts that are being made to promote the Punchestown festival as an Irish Cheltenham; the amount of money that the festival generates for the economy; and if he will make a statement on the matter. [15151/06]

Last month I launched an economic impact report on the 2005 Punchestown festival, carried out by NUI, Maynooth. The report estimated that the economic contribution of the Punchestown festival is in the region of €43 million. The report calculates the direct economic effect of the Punchestown festival to be almost €33 million. During the four days of the festival on-course spending totalled €7.6 million, off-course expenditure including accommodation, food and entertainment was €17.8 million while a further €7.5 million was spent on travel and subsistence. To this estimate of direct expenditure, the report added an additional €10 million in a multiplier of indirect economic effects. When added together these figures bring the total estimated economic contribution of the Punchestown festival to almost €43 million.

The report also reveals that almost one fifth of attendees at the festival were from overseas, mainly the UK, demonstrating the attractiveness of the Punchestown festival as a key leisure and tourism event in Ireland. The report underlines the significance of horse racing economically and as a tourist attraction in Ireland, it also reinforces the fact that the Irish racing industry contributes to the social and economic fabric of Irish life.

I am aware that the HRI specifically targets overseas visitors to Irish race meetings particularly racegoers in the UK. For 2006, it has earmarked approximately €200,000 for overseas promotion of horseracing. The UK racegoer in particular presents an outstanding opportunity for inward tourism based on the Irish racing product. It is estimated that in the region of 60,000 UK visitors come racing here each year and the three agencies, Horse Racing Ireland, Fáilte Ireland and Tourism Ireland consider that there is substantial potential for growth from this market given the fact that in excess of 6 million attendances are recorded annually at race meetings in the UK.

This is a highly affluent target sector with a propensity to spend on hotels, restaurant, car hire and other forms of entertainment. UK racegoers are used to paying as much as double the Irish rate for reserved enclosure access, which, combined with the favourable sterling-euro exchange rate, give us an unprecedented opportunity to offer a high quality racing experience at relatively better value than is available in the UK.

In addition to its own initiatives, HRI has a long-standing relationship with Fáilte Ireland and Tourism Ireland in jointly promoting Ireland as a destination for Racing Tourism. At the behest of my Department, the three agencies are actively exploring possible synergies and in that context, HRI specifically identified the Punchestown festival as an attractive event to grow inbound racing tourism and committed to a significant marketing campaign in the UK in 2006 as part of a joint campaign with both tourism agencies.

The Government has ensured the success of the horseracing industry by putting in place the long-term financial structures, the funding and the conditions in which Irish horse racing now flourishes. The recent report demonstrates how that investment and commitment is paying back in economic terms. I am confident that the combined expertise of the HRI, Fáilte Ireland and Tourism Ireland will produce the right result for horseracing and for tourism particularly in the promotion of the Punchestown festival as an Irish Cheltenham.

Crime Levels.

Gerard Murphy

Ceist:

72 Mr. G. Murphy asked the Minister for Arts, Sport and Tourism if his attention has been drawn to the recent information provided by the American Consulate that there is an increasing level of violent crime against tourists here, including a high incidence of petty crime, mostly theft, burglary and purse snatching in major tourist areas; and if he will make a statement on the matter. [15163/06]

I am familiar with the US consular information sheet in question. US consular information sheets are routinely issued by the US Department of State, in reespect of individual countries, for the guidance of US citizens travelling abroad. They should not be confused with travel warnings. These sheets cover basic topics of interest to travellers, including potential hazards. Topics include entry requirements, security situation, medical emergencies, crime, banking, transport, etc. I understand that the sheets are updated annually, usually in March.

The information sheet on Ireland notes that although Ireland has, historically, had a low rate of violent crime, it is increasing. It is clear, in the sheet, however, that crime against tourists is limited in number. The information sheet does refer to a high incidence of petty crime in major tourist areas but there is nothing surprising about that given that Dublin, the major tourist centre, also accounts for a significant proportion of general crime.

We would be doing ourselves a disservice to focus on what I would regard as the rather mildly stated negatives in this sheet. It is instructive to read the content of similar sheets for other major European destinations. Ireland is a safe destination and regarded as such. The rate of crime against tourists is very low to the best of our knowledge. In 2005, the Irish Tourist Assistance Service had 293 referrals which involved 496 people and the rate of referrals has been decreasing.

Of the 293 referrals to the Irish Tourist Assistance Service in 2005, 200 were in respect of theft from the person or theft from cars and only 11 were cases of violent crime against tourists compared with 36 cases in 2004. Given that last year we had almost 7 million overseas visitors, it is fair to emphasise that Ireland, for the great majority of holidaymakers, is a very safe tourist destination. The latest Fáilte Ireland Visitor Attitudes Survey reports that 89% of US visitors are very satisfied with the security and safety aspects of their Irish visit.

Sports Capital Programme.

Richard Bruton

Ceist:

73 Mr. Bruton asked the Minister for Arts, Sport and Tourism if he will include provision for grant aid for sporting organisations for solar energy conversion to substitute for oil, gas and electricity under the sports capital programme; and if he will make a statement on the matter. [15154/06]

The national lottery-funded sports capital programme, which is administered by my Department, is the primary means of providing funding to develop sporting infrastructure at local, regional and national level. Applications under the programme are accepted from sporting and voluntary and community organisations and, in certain circumstances, from schools and local authorities. Applications under the programme are assessed in accordance with a detailed set of criteria covering the main objectives of the programme. Successful applicants must submit evidence, which is examined by our technical supervisors — the Office of Public Works, showing that the project complies with building regulations.

The primary purpose of the sports capital programme is to assist clubs and organisations to provide good quality indoor and outdoor sports facilities which enable and encourage people to take an active role in sport and physical recreation, increase participation and raise standards at all levels of sport in Ireland. Accordingly, it would not be appropriate to provide assistance towards solar energy conversion systems from funds voted specifically for the development of sport and physical recreation.

Tourism Promotion.

Gerard Murphy

Ceist:

74 Mr. G. Murphy asked the Minister for Arts, Sport and Tourism the measures that the Government intends to put in place between now and the Ryder Cup in September 2006 to promote Ireland as a tourist destination; and if he will make a statement on the matter. [15162/06]

The hosting of the Ryder Cup at the K Club in September is a key event for Irish tourism this year and is also a unique opportunity to market all that Ireland has to offer as a tourism destination. The exploitation of that opportunity is a matter for the two tourism agencies, Fáilte Ireland and Tourism Ireland Limited.

While the event will undoubtedly contribute significantly to overseas tourism revenues in 2006, the principal benefits of the agreement between Ireland and the European Tour will flow from the promotional package that is part of the agreement and which has extended over the nine years since the agreement was signed. In this context, the Government has made a significant level of resources available to ensure that the tourism spin-off to Ireland and to golfing tourism in particular is maximised.

The Ryder Cup promotional programme is not just about promoting Ireland as a premium golf destination. The media coverage of this major sporting event presents a unique opportunity to market all that Ireland has to offer as a tourism destination. To that end, Fáilte Ireland and Tourism Ireland have been working closely together over the last number of years in the lead up to the event to optimise the promotional spin-off, and Tourism Ireland's network of overseas market offices are being deployed to maximise the positive publicity which the TV coverage, with an expected audience of over 1 billion in 150 countries, will generate.

This promotional work will intensify over the course of this year with the allocation of an additional €4.5 million to Fáilte Ireland, in the 2006 Revised Estimates Volume, to support an enhanced programme of marketing and promotional activities around the Ryder Cup, including a national branding programme and a number of golf marketing initiatives. The aim of this programme, to be delivered in conjunction with Tourism Ireland, is to capitalise on the opportunities offered by the unique event that is the Ryder Cup with a view to promoting an enduring positive image of Irish tourism. Fáilte Ireland will also engage with the European Tour for delivery of an appropriate complementary programme of events around the Ryder Cup, including the official opening and closing ceremonies and other initiatives intended to raise the profile of the occasion both within Ireland and internationally. Overall, Ireland's hosting of the Ryder Cup has involved one of the most intensive and sustained tourism event promotion programmes ever undertaken and I have no doubt that the event will be an exciting and spectacular culmination to this campaign.

National Conference Centre.

Willie Penrose

Ceist:

75 Mr. Penrose asked the Minister for Arts, Sport and Tourism the position regarding the development of the national conference centre; if he is in a position to appoint a preferred tenderer; and if he will make a statement on the matter. [15144/06]

Richard Bruton

Ceist:

76 Mr. Bruton asked the Minister for Arts, Sport and Tourism if agreement has been reached with a company (details supplied) to provide the new conference centre at Spencer Dock; the timescale for the development; and if he will make a statement on the matter. [15155/06]

I propose to take Questions Nos. 75 and 76 together.

The House will be aware that last November Spencer Dock International Conference Centre Consortium was, with the approval of the Government, designated as the provisional preferred tenderer for the provision of a national conference centre in Dublin.

In accordance with the competition process, the contracting authority, the Office of Public Works, proceeded to engage with the provisional preferred tenderer to negotiate, settle and agree any required amendments to the project agreement. These detailed and complex negotiations are, by their nature, time consuming but, I understand, the contracting authority is pressing to have them concluded as soon as possible. Assuming that these negotiations prove successful, the next step will be the appointment of the provisional preferred tenderer as preferred tenderer. During the preferred tenderer phase, the preferred tenderer will develop and provide the full range of project documents, which will require review and approval by the contracting authority. I look forward to the timely completion of the next stages and hope to be in a position to bring the matter to Government for final decision in the coming months. Subject to the successful completion of the remaining stages of the procurement process and assuming no unexpected developments, I would hope that construction of the NCC would begin next year and that the centre would be operational during 2009.

Greyhound Racing Industry.

Simon Coveney

Ceist:

77 Mr. Coveney asked the Minister for Arts, Sport and Tourism if he has received a report on various matters relating to Bord na gCon from a person (details supplied); when the report will be published; and if he will make a statement on the matter. [15164/06]

James Breen

Ceist:

393 Mr. J. Breen asked the Minister for Arts, Sport and Tourism if he will make public the report of the independent assessment into corporate governance at Bord na gCon in the interest of protecting the integrity of this expanding industry which generates hundreds of millions of euro annually and is a growing market in the tourist trade here; and if he will make a statement on the matter. [15243/06]

I propose to take Questions Nos. 77 and 393 together.

I refer the Deputies to the reply given in response to Priority Questions Nos. 60 and 62.

National Concert Hall.

Eamon Ryan

Ceist:

78 Mr. Eamon Ryan asked the Minister for Arts, Sport and Tourism the details of the rollout of the proposed new National Concert Hall; the aspects of the existing building which will be retained; the way in which increased access to the Iveagh Gardens will be promoted via St. Stephen’s Green; and if he will make a statement on the matter. [15179/06]

Jan O'Sullivan

Ceist:

86 Ms O’Sullivan asked the Minister for Arts, Sport and Tourism the position regarding the development of the National Concert Hall; when he will be in a position to make a recommendation to Government on the options for the delivery of the project; and if he will make a statement on the matter. [15143/06]

I propose to take Questions Nos. 78 and 86 together.

The Government on 12 April 2006 approved the acquisition this year of the Earlsfort Terrace site from the UCD authorities as the preferred location for the new National Concert Hall. Arrangements for the transfer of ownership of the site from UCD to the State are now in train.

The Government has also decided that the new National Concert Hall will be procured as a public private partnership on a design, build, finance and maintain basis, subject to the Minister for Arts, Sport and Tourism and the Minister for Finance being satisfied with the outcome of an evaluation of the economic benefits of the project which I will be commissioning over the coming weeks.

It was also decided that the construction contract should be structured so as to optimise construction and cost efficiencies. This will speed up considerably the procurement of the new concert hall. It had previously been envisaged that the project would be undertaken on a phased basis.

The key elements of the outline development plan are: a new concert hall incorporating a main auditorium with a seating capacity for 2,000 patrons and meeting the requirement for open disabled access; the existing auditorium to be preserved for use as a rehearsal, general purpose and technical recording-broadcast space; a flexible smaller hall with a seating capacity of 500, enabling smaller concerts to proceed simultaneously with performances in the main concert hall; easy access for large articulated trucks transporting orchestral and concert equipment; and the Earlsfort Terrace buildings would be reunited with the Iveagh Gardens facilitating increased public access. New public rooms, cafes and restaurants would overlook the gardens and the city.

Cross-Border Tourism.

Mary Upton

Ceist:

79 Dr. Upton asked the Minister for Arts, Sport and Tourism the efforts that are being made to promote cross-Border tourism; his views on whether the promotion of the island of Ireland as a holiday destination will have mutual benefits on both sides of the Border; the success of this initiative thus far; and if he will make a statement on the matter. [15150/06]

Tourism Ireland was established in 2000 under the framework of the Good Friday Agreement to increase tourism to the island of Ireland as a whole. It is jointly funded on a North-South basis. This year I have allocated over €45 million in Exchequer funding to the company and Northern Ireland has committed over €19 million.

Tourism Ireland delivers on its mandate through: undertaking destination-marketing programmes to stimulate demand for visiting the island of Ireland; facilitating and supporting business links to improve distribution of the Ireland tourism product to potential consumers; and acting as an advocate for overseas consumers and trade to influence the quality of the tourism experience on the island of Ireland.

Clearly there have been specific benefits to the single destination approach. Visitors to the island of Ireland have increased every year since the all-island overseas marketing body Tourism Ireland was formed. In this jurisdiction, the number of visitors has increased by more than 16% in the period from 2001 to 2005. The expenditure by these visitors has grown by almost 20%. In Northern Ireland, the results have also been very positive with growth in tourism numbers of about 30% in that period. There has also been a significant increase in the number of overseas visitors travelling north and south of the Border in recent years — amounting to more than 370,000 in 2004.

Central to Tourism Ireland's success is the "Island of Ireland" brand, which has just been refreshed in response to consumer research in our main markets and Britain in particular. Since its inception, Tourism Ireland has rapidly developed into one of the most effective tourism marketing agencies in the world, one that is committed to staying ahead of the game internationally. The most recent example of this commitment was the launch of its new suite of 27 websites to market Ireland internationally which I, along with my Northern Irish counterpart, Minister Angela Smith, attended in Belfast in March. From a North-South perspective, the launch of this suite of websites was also very significant in that it represented the culmination of many months work by the key tourism players on this island — Tourism Ireland in close collaboration with the industry on the island, the Northern Ireland Tourist Board, and Fáilte Ireland. All of them played a vital part in developing this website — not only through their participation in the e-marketing partnership group — but in working towards a comprehensive e-marketing strategy for the island of Ireland.

In the wider political context, we are at a crucial stage in delivering on the promise contained in the Good Friday Agreement. North-South co-operation has, time and again, proven extremely important in highlighting the practical benefits of working more closely together on this island. We continually see the practical outcomes of North-South co-operation. The work of the tourism agencies, North and South, and their business partners continues to inspire all of those who are working towards a vision of an island economy based on practical co-operation and mutual benefit.

Through the all-island tourism marketing partnership, the three tourism agencies — Tourism Ireland, Fáilte Ireland and the Northern Ireland Tourist Board — together with the industry on the island are working to develop a cohesive and integrated approach to their overseas marketing activities, including potential synergies in niche-special interest tourism areas.

Apart from the international marketing of Ireland as a single tourist destination, there have also been a number of domestic initiatives to promote cross-Border tourism, which have been supported by Fáilte Ireland, including: Rally Ireland, the cross-Border event held in March to showcase Ireland as a suitable venue for a World Rally Championship event; the North West Passage tourist route; the North West Trail for cycling and walking; Destination North West, a cross-border co-operative arrangement between tourism development and marketing agencies in the north west region. Glens and Lakelands is a similar linked venture covering Cavan, Monaghan and parts of Antrim. The Green Box Eco-Tourism project, an EU-funded project designating a cross-Border area as Ireland's first integrated eco-tourism destination. This also incorporates the EU-funded Kingfisher Cycle trail. There is North-South co-operation in the field of tourism statistics. The development of closer co-operation on tourism research has also been identified as a key priority going forward.

Throughout 2006, Fáilte Ireland will be undertaking a major marketing campaign in Northern Ireland to attract more Northern Irish visitors to the South. Expenditure by visitors here from Northern Ireland was up by 3% in 2005 with clear potential for further growth. The Northern Irish Tourist Board recently estimated a 6% increase in visitors to Northern Ireland from the South.

Sports Anti-Doping Programme.

Róisín Shortall

Ceist:

80 Ms Shortall asked the Minister for Arts, Sport and Tourism if his attention has been drawn to the Irish Sports Council’s anti-doping report 2005; his views on the fact that, despite the fact that no Irish sportsperson tested positive for a banned substance in 2005, the battle against doping in sport must be intensified; and if he will make a statement on the matter. [15147/06]

I recently launched the 2005 annual report of the anti-doping unit of the Irish Sports Council, ISC. The Government has consistently supported the ISC's work in combating doping in sport. While the moral argument against doping is not in doubt and the practice of doping is regularly exposed, there is a need for sustained vigilance. The ISC ensures that there is no complacency in Ireland by operating an excellent anti-doping programme, recognised internationally as an outstanding model of its type.

A co-ordinated international effort is required, based on effective national programmes to counteract doping in sport. Ireland is to the forefront in the drive for greater international co-operation in the fight against doping through its support for the Copenhagen Declaration on Anti-Doping, the World Anti-Doping Agency, the Council of Europe Anti-Doping Convention and the proposed new Global Anti-Doping Convention under the aegis of UNESCO.

In supporting sport the Government insists that it must be based on fair and ethical principles. The ISC has put in place a comprehensive and effective anti-doping programme, one that the Government is happy to endorse, support and fund. The year 2005 was the first full year of operation for this programme. A total of 962 tests were carried out in 2005, including 147 user pays tests. Out of competition tests accounted for 55% of testing under the national programme, 38 sports were subject to testing, with 76 tests overseas. The number of tests is high by international standards and the number carried out in 2005 demonstrates the comprehensive nature of the programme. The programme identifies those who use prohibited substances and reassures us about the vast majority who do not.

The testing programme threw up two samples which tested positive in two different sports — squash and rugby. Both cases were for cannabinoids and I understand that appropriate sanctions were imposed in each case.

All top level athletes in Ireland are included in the testing pool. They are aware that they are liable for testing under the comprehensive Irish programme, as well as their responsibilities to their international federations. I am satisfied that there is a significant deterrent effect in operation and that athletes are aware fully of the dangers and risks involved in doping.

Film Industry Development.

Bernard J. Durkan

Ceist:

81 Mr. Durkan asked the Minister for Arts, Sport and Tourism his plans for the development of the film industry; and if he will make a statement on the matter. [15100/06]

My Department supports the film industry in Ireland at a number of levels. The Irish Film Board, is the independent statutory agency under my Department's aegis, charged with the delivery of a number of supports to the industry. These supports are provided to a range of operators in the industry, from emerging producers to more experienced players at the international level. The board is also responsible for overseas marketing of Ireland as a filming location. My Department's support for the Irish Film Board increased from €11.85 million in 2004 to €17.126 million in 2006, a significant increase of 44%.

As the Deputy is aware, the tax incentive for film production available under section 481 of the Taxes (Consolidation) Act 1997 is a critical part of what we can offer international film producers. Just over a year ago the Government decided to extend the availability of this incentive to 2008 at least. The value of the incentive has been further increased by the enactment of a provision in the Finance Act 2006 increasing the maximum amount that can be raised per film from €15 million to €35 million. It will now be possible to raise up to 80% of the total cost of making a film, which represents a significant improvement over the previous existing limit of between 55% and 66%. While these changes require EU approval, they have been extremely well received in Ireland and overseas, and are seen as doing much to restore our competitiveness as a location for international filmmakers. Informal indications are that the industry is already seeing some strengthening of activity, and the changes referred to above, once they feed into the system, should make a very significant additional difference.

Tourism Policy.

Jack Wall

Ceist:

82 Mr. Wall asked the Minister for Arts, Sport and Tourism if his attention has been drawn to the third and final report of the tourism action plan implementation group; his views on its findings that opportunistic pricing, inadequate cultural facilities and the sub-standard condition of Dublin Airport are deterring visitors; and if he will make a statement on the matter. [15170/06]

Phil Hogan

Ceist:

94 Mr. Hogan asked the Minister for Arts, Sport and Tourism the number of recommendations of the tourism policy review group that have been implemented; and if he will make a statement on the matter. [15156/06]

I propose to take Questions Nos. 82 and 94 together.

The report of the tourism policy review group, New Horizons for Irish Tourism: An Agenda for Action, was published in September 2003. It contained a very practical action plan. It had a timeframe for implementation and, more importantly, a strong and public monitoring mechanism. Following its publication, I appointed the tourism action plan implementation group to help oversee its implementation. The final report of the group was presented to me last month. Having placed it before Cabinet, I arranged for its publication and it is available on my Department's website.

The New Horizons report contained ambitious targets for the industry, namely to achieve annual figures of 10 million visitors and €6 billion in foreign revenue by 2012. The action plan had a series of recommendations to be implemented to help meet those targets. The group reported that 63 of the 76 recommendations made in New Horizons report had either been implemented or good progress had been made in relation to them. A detailed analysis of the progress of each of the 76 recommendations is available on my Department's website.

The implementation group, expressed itself satisfied with the degree of progress in implementing the strategy, which it described as "in many ways better than what was anticipated by the implementation group when it first met almost 2 years ago". The group highlighted the areas where good progress has been made. These include: the national conference centre; increases in air access; the proposed bilateral air agreement with the US. It also pointed to a number of areas where progress has been limited. These include: loss of competitiveness; the need for constant innovation and product development in the sector; diverging performance in urban and rural areas; closure of areas which enjoyed traditional long-term public access; visitor experience at Dublin Airport; and VAT on conference business.

The Deputy touched on a number of specific points in his question. The group made the point that the competitiveness of the traded sector in Ireland, including tourism, has deteriorated in recent years. High costs, what the group calls the "sometimes opportunistic pricing practices by certain operators" and the comparatively low productivity in the services sector do not help either. The group acknowledged the significant steps taken by many enterprises within the industry to address competitiveness. As a reflection of how seriously the tourism industry views competitiveness, the Irish Tourist Industry Confederation commissioned a major study to assist in developing new initiatives to address the problem. I understand that this study will be completed shortly.

The group emphasised the fact high quality cultural facilities can play a major role in attracting visitors to Ireland. This is borne out by much recent Tourism Ireland research.

The group acknowledged the major progress in relation to the Government's commitment to the development of cultural infrastructure. In December 2005, I announced a package of capital investment in key elements of our national cultural infrastructure. The package includes: the relocation of the Abbey Theatre; the development of a new National Concert Hall complex; the complete remodelling of the Theatre Royal in Wexford; and the substantial refurbishment of the Gaiety Theatre in Dublin.

Dublin Airport will be the first and last impression of Ireland for many of our visitors. We all know that the quality of the passenger experience in Dublin Airport has not been what we would wish it to be in recent years. The group made that point to those responsible at both policy and operational level.

There are grounds for optimism. There is a new team in the airport and it has announced its plans to tackle the problems. I want to see those plans implemented as soon as possible. The medium-term plans will increase terminal capacity to cater for up to 30 million passengers, including a new terminal and associated pier facilities that will be provided to the south of the existing terminal. These facilities are due to come on stream in 2009. There is also provision for the construction of a new pier in 2007. These developments will be important in responding to passenger requirements and thereby improving the attractiveness of the airport to visitors.

National Stadium.

Eamon Gilmore

Ceist:

83 Mr. Gilmore asked the Minister for Arts, Sport and Tourism the position regarding the development of the first phase of the Abbotstown project; the estimated date of the completion of the first phase; if it will be completed in time to allow Irish athletes participating in the 2012 Olympics to use the facilities in the run-up to the games; and if he will make a statement on the matter. [15152/06]

Campus and Stadium Ireland Development Limited, the company charged with developing the sports campus project, have drawn up a detailed proposal for the development of the sports campus at Abbotstown in a series of phases. Planning work for phase one of the development control plan is already under way and will provide: a national field sports training centre, catering for rugby, soccer, Gaelic games and hockey; a national indoor training centre which will provide world class training facilities for over 30 governing bodies of sport; accommodation for sports men and women; sports science and medical facilities; all-weather synthetic pitches for community use; and renovation of existing buildings to cater for needs identified by sports bodies.

Funds for the delivery of the project have been provided in my Department's capital envelope for 2006-10. The estimated cost of the project is €119 million with a four to five-year delivery schedule — 2006-10. An amount of €9.5 million has been provided in the Vote of my Department for work on the project during 2006.

Campus and Stadium Ireland Development Limited is now proceeding with the delivery of the Abbotstown sports campus. As regards the London Olympics in 2012, I am very conscious of the need to have top class sport facilities in place in good time to provide good training opportunities for Irish athletes and I am determined to build on the Government's existing policy on sports provision at national, regional and local level by having the essential elements of the facility in place in time to allow both Irish and visiting athletes train for the 2012 Olympics here in Ireland.

The Deputy will be aware that since 1998 funding to the value of €395 million has been allocated to 4,923 projects throughout the country, many of which are used by our Olympic participants. Furthermore, the Irish Sports Council is vigorously implementing its high performance strategy which includes a range of supports for our elite performers. The annual budget of the Irish Sports Council has increased from €13 million in 2000 to more than €40 million this year.

Question No. 84 answered with QuestionNo. 66.

National Aquatic Centre.

Phil Hogan

Ceist:

85 Mr. Hogan asked the Minister for Arts, Sport and Tourism his plans for the future management of the National Aquatic Centre following the removal of Dublin Waterworld; and if he will make a statement on the matter. [15157/06]

During 2005, Campus and Stadium Ireland Development Limited, CSID, initiated legal proceedings in the High Court against Dublin Waterworld Limited for forfeiture of the lease on the National Aquatic Centre because of the failure of Dublin Waterworld Limited to comply with its obligations under that lease.

On 21 March 2006, Mr. Justice Gilligan delivered his judgment, in which he held with CSID on all counts. Arising from this judgment, a court order, in favour of CSID, for possession of the National Aquatic Centre was made on 29 March, which would have effect from 28 April. Plans have been drawn up for the ongoing operation of the centre in the event that the operators removed themselves from it. However, on 12 April, CSID was informed that the defendants would be lodging a notice of appeal to the Supreme Court against the judgment and the order on 13 April. The matter was due for mention again in the High Court this morning and the judge granted a stay of 14 days on the execution of the order. Deputies will appreciate that because these matters are still before the courts it would be inappropriate for me to make any further comment at this time.

Question No. 86 answered with QuestionNo. 78.
Questions Nos. 87 and 88 answered with Question No. 68.

Sport Players Grant Scheme.

Dinny McGinley

Ceist:

89 Mr. McGinley asked the Minister for Arts, Sport and Tourism if he will confirm that he has reached agreement with the Gaelic Players’ Association that his Department is prepared to provide senior inter-county hurlers and footballers with special grant aid; and if he will make a statement on the matter. [15166/06]

I recently met with the Gaelic Players Association, GPA, to discuss their proposed grant scheme for GAA players. At this meeting, I advised the GPA that ultimately it is a matter for the governance structures within the GAA, to determine how best the important contribution of its own elite players should be recognised.

Proposed Soccer Stadium.

Emmet Stagg

Ceist:

90 Mr. Stagg asked the Minister for Arts, Sport and Tourism if he will expand on recent criticisms he made of the ongoing attempts by GAA clubs in the Tallaght area to prevent the stadium earmarked as the new home for Shamrock Rovers from being completed as a soccer-only facility; if he will expand on his main objections; and if he will make a statement on the matter. [15149/06]

I refer the Deputy to my previous statements to the House in which I have made my position perfectly clear in this matter. It is worth, however, reiterating two important points that are central to the stadium at Tallaght. First, in supporting the completion of a soccer stadium at Tallaght, I am honouring a long-standing Government decision made under the sports capital programme. To agree to anything other than a soccer stadium would be to renege on previous commitments given to the FAI. Even when finished to the specifications of a soccer stadium, it will provide capacity for 6,000 spectators which is the capacity decreed under the planning approval. A larger pitch cannot easily be accommodated within the present site given the buildings already in place and would mean that the proposed stand on the opposite side to the partially completed stand would be reduced, thus limiting the overall capacity to about 4,500.

Second, while the stadium is scheduled for completion as a soccer facility, I would have no objections to South Dublin County Council, which will manage the facility, considering its use for other sporting events compatible with it remaining available for senior soccer fixtures.

The disappointment I expressed recently with the local GAA clubs involved revolves around both of these key points. At no stage was the site at Tallaght earmarked for development as a GAA facility and at no point has a GAA stadium of the size envisaged at Tallaght been identified as a priority by the GAA in Dublin. I have already indicated a willingness to favourably consider any application for funding in respect of the proposed GAA sports facility at Rathcoole in south county Dublin.

Question No. 91 answered with QuestionNo. 68.
Question No. 92 answered with QuestionNo. 65.

Abbey Theatre.

Bernard Allen

Ceist:

93 Mr. Allen asked the Minister for Arts, Sport and Tourism the position regarding the provision of the new Abbey Theatre at George’s Dock; and if he will make a statement on the matter. [15161/06]

Brian O'Shea

Ceist:

96 Mr. O’Shea asked the Minister for Arts, Sport and Tourism the position in regard to the redevelopment of the National Theatre; if he has brought a report to Government on the possible public private partnership procurement models for the redevelopment of the Abbey Theatre; and if he will make a statement on the matter. [15142/06]

I propose to take Questions Nos. 93 and 96 together.

In December of last year the Government approved the redevelopment of the Abbey Theatre at George's Dock and agreed that my Department, in conjunction with the Minister for Finance, the Office of Public Works and the National Development Finance Agency, would examine possible PPP procurement models. An examination of the possible PPP procurement models is currently being finalised and I will report back to Government on this shortly.

Question No. 94 answered with QuestionNo. 82.

Proposed Soccer Stadium.

Pat Rabbitte

Ceist:

95 Mr. Rabbitte asked the Minister for Arts, Sport and Tourism if he has received an application for Government funding for the completion of the construction of the new stadium for Shamrock Rovers Football Club in Tallaght; if, in view of his desire to see the project completed, he will grant funding for the new stadium; and if he will make a statement on the matter. [15148/06]

I have previously indicated my willingness to support the South Dublin County Council in putting together a financial package to ensure the completion of the soccer stadium at Tallaght. Following the recent decision by South Dublin County Council to proceed with the completion of the stadium at Tallaght to the specification originally planned, my Department has been in contact with council officials. It has been agreed that on receipt of a submission from South Dublin County Council outlining the project costs and the required funding, consideration will be given to the provision of funding from my Department to support the completion of the stadium.

I am advised by South Dublin County Council that it is currently focused on work associated with the judicial review proceedings served by a local GAA club which are listed for initial hearing in the High Court on 8 May 2006.

Question No. 96 answered with QuestionNo. 93.

Census of Population.

Tony Gregory

Ceist:

97 Mr. Gregory asked the Taoiseach if the census should be more correctly described as a census for the Republic of Ireland. [14835/06]

The designation Census of Population of Ireland which is used for the census to be carried out on 23 April 2006 is in conformity with Article 4 of the Constitution of Ireland which states, "The name of the State is Éire, or, in the English language, Ireland."

Unemployment Levels.

Joe Costello

Ceist:

98 Mr. Costello asked the Taoiseach the unemployment rate for Dublin City Council by district electoral division for 2005; and if he will make a statement on the matter. [15276/06]

The most recent information on unemployment at electoral division level is from the 2002 Census of Population. The following table contains the relevant data.

Table 1: Unemployment rates for Dublin City Electoral Divisions (based on Principal Economic Status), Census 2002

Principal Economic Status

Total persons aged 15 years and over

At work

Unemployed (incl. looking for first regular job)

Not in the labour force

Unemployment rate (%)

Dublin City — Total

415,609

224,300

26,030

165,279

10.4

001 Arran Quay A

1,257

716

79

462

9.9

002 Arran Quay B

2,797

1,623

244

930

13.1

003 Arran Quay C

2,224

1,471

178

575

10.8

004 Arran Quay D

2,987

1,535

310

1,142

16.8

005 Arran Quay E

2,590

1,380

221

989

13.8

006 Ashtown A

5,268

3,105

131

2,032

4.0

007 Ashtown B

2,249

1,180

72

997

5.8

008 Ayrfield

4,276

2,595

210

1,471

7.5

009 Ballybough A

2,607

1,200

319

1,088

21.0

010 Ballybough B

2,602

1,317

344

941

20.7

011 Ballygall A

2,191

1,219

137

835

10.1

012 Ballygall B

1,495

678

52

765

7.1

013 Ballygall C

3,328

1,639

102

1,587

5.9

014 Ballygall D

2,006

1,067

83

856

7.2

015 Ballymun A

1,260

657

166

437

20.2

016 Ballymun B

2,857

1,215

517

1,125

29.8

017 Ballymun C

4,090

1,886

542

1,662

22.3

018 Ballymun D

2,248

958

338

952

26.1

019 Ballymun E

1,369

614

38

717

5.8

020 Ballymun F

2,230

1,133

66

1,031

5.5

021 Beaumont A

2,360

1,149

53

1,158

4.4

022 Beaumont B

4,586

2,858

151

1,577

5.0

023 Beaumont C

2,648

1,303

86

1,259

6.2

024 Beaumont D

2,069

1,338

65

666

4.6

025 Beaumont E

1,983

1,113

68

802

5.8

026 Beaumont F

3,219

1,970

106

1,143

5.1

027 Botanic A

2,542

1,393

77

1,072

5.2

028 Botanic B

2,971

1,785

109

1,077

5.8

029 Botanic C

1,938

1,188

89

661

7.0

030 Cabra East A

4,762

2,890

242

1,630

7.7

031 Cabra East B

3,101

1,487

202

1,412

12.0

032 Cabra East C

3,151

1,657

312

1,182

15.8

033 Cabra West A

1,361

674

103

584

13.3

034 Cabra West B

2,114

993

187

934

15.8

035 Cabra West C

2,436

1,273

157

1,006

11.0

036 Cabra West D

2,398

1,353

162

883

10.7

037 Clontarf East A

2,744

1,259

66

1,419

5.0

038 Clontarf East B

5,312

2,850

128

2,334

4.3

039 Clontarf East C

2,510

1,279

52

1,179

3.9

040 Clontarf East D

2,322

1,211

76

1,035

5.9

041 Clontarf East E

1,373

712

29

632

3.9

042 Clontarf West A

2,933

1,622

87

1,224

5.1

043 Clontarf West B

2,195

1,113

154

928

12.2

044 Clontarf West C

2,936

1,872

113

951

5.7

045 Clontarf West D

1,920

1,101

90

729

7.6

046 Clontarf West E

1,995

1,035

46

914

4.3

047 Drumcondra South A

3,278

1,807

112

1,359

5.8

048 Drumcondra South B

1,207

597

37

573

5.8

049 Drumcondra South C

3,054

1,626

82

1,346

4.8

050 Edenmore

2,386

1,035

170

1,181

14.1

051 Finglas North A

2,699

1,278

262

1,159

17.0

052 Finglas North B

2,284

1,022

149

1,113

12.7

053 Finglas North C

2,642

1,331

98

1,213

6.9

054 Finglas South A

2,104

923

163

1,018

15.0

055 Finglas South B

2,544

1,451

231

862

13.7

056 Finglas South C

2,121

1,065

202

854

15.9

057 Finglas South D

1,634

920

151

563

14.1

058 Grace Park

4,949

2,706

207

2,036

7.1

059 Grange A

5,420

3,633

244

1,543

6.3

060 Grange B

1,704

1,071

79

554

6.9

061 Grange C

3,023

1,685

215

1,123

11.3

062 Grange D

3,497

2,150

176

1,171

7.6

063 Grange E

2,467

1,366

154

947

10.1

064 Harmonstown A

2,619

1,340

101

1,178

7.0

065 Harmonstown B

2,109

981

112

1,016

10.2

066 Inns Quay A

3,187

1,287

349

1,551

21.3

067 Inns Quay B

2,608

1,351

221

1,036

14.1

068 Inns Quay C

1,988

1,007

224

757

18.2

069 Kilmore A

2,124

1,331

117

676

8.1

070 Kilmore B

2,349

1,056

202

1,091

16.1

071 Kilmore C

1,268

521

126

621

19.5

072 Kilmore D

1,981

1,037

74

870

6.7

073 Mountjoy A

2,595

1,206

456

933

27.4

074 Mountjoy B

2,365

1,193

366

806

23.5

075 North City

3,778

2,664

237

877

8.2

076 North Dock A

1,119

629

79

411

11.2

077 North Dock B

3,006

1,626

237

1,143

12.7

078 North Dock C

3,048

1,721

336

991

16.3

079 Phoenix Park

1,397

796

39

562

4.7

080 Priorswood A

1,196

774

71

351

8.4

081 Priorswood B

2,253

1,097

374

782

25.4

082 Priorswood C

2,198

1,009

335

854

24.9

083 Priorswood D

2,240

1,132

224

884

16.5

084 Priorswood E

2,295

1,336

140

819

9.5

085 Raheny-Foxfield

2,208

1,161

105

942

8.3

086 Raheny-Greendale

1,986

1,008

122

856

10.8

087 Raheny-St. Assam

2,934

1,404

74

1,456

5.0

088 Rotunda A

3,515

1,877

449

1,189

19.3

089 Rotunda B

1,508

809

167

532

17.1

090 Whitehall A

3,150

1,436

50

1,664

3.4

091 Whitehall B

3,374

1,633

130

1,611

7.4

092 Whitehall C

1,896

1,009

84

803

7.7

093 Whitehall D

2,025

1,036

66

923

6.0

094 Chapelizod

2,021

1,151

67

803

5.5

095 Cherry Orchard A

1,607

340

154

1,113

31.2

096 Carna

2,323

1,068

170

1,085

13.7

097 Cherry Orchard C

2,571

1,143

330

1,098

22.4

098 Crumlin A

3,113

1,550

207

1,356

11.8

099 Crumlin B

2,652

1,228

197

1,227

13.8

100 Crumlin C

1,984

1,011

154

819

13.2

101 Crumlin D

3,330

1,667

230

1,433

12.1

102 Crumlin E

2,366

1,093

174

1,099

13.7

103 Crumlin F

2,348

1,264

115

969

8.3

104 Decies

2,378

1,141

207

1,030

15.4

105 Drumfinn

3,091

1,363

231

1,497

14.5

106 Inchicore A

1,808

910

111

787

10.9

107 Inchicore B

1,492

669

132

691

16.5

108 Kilmainham A

1,960

926

158

876

14.6

109 Kilmainham B

1,024

598

72

354

10.7

110 Kilmainham C

3,166

1,695

270

1,201

13.7

111 Kimmage A

1,673

806

127

740

13.6

112 Kimmage B

3,118

1,497

212

1,409

12.4

113 Kimmage C

2,786

1,809

133

844

6.8

114 Kimmage D

2,131

1,114

146

871

11.6

115 Kimmage E

2,941

1,576

172

1,193

9.8

116 Kylemore

2,200

941

206

1,053

18.0

117 Mansion House A

3,733

1,792

215

1,726

10.7

118 Mansion House B

972

610

50

312

7.6

119 Merchants Quay A

1,536

875

178

483

16.9

120 Merchants Quay B

3,186

1,914

260

1,012

12.0

121 Merchants Quay C

2,247

1,053

186

1,008

15.0

122 Merchants Quay D

1,857

1,038

80

739

7.2

123 Merchants Quay E

1,487

871

91

525

9.5

124 Merchants Quay F

1,677

790

229

658

22.5

125 Pembroke East A

3,655

1,998

278

1,379

12.2

126 Pembroke East B

3,094

1,865

80

1,149

4.1

127 Pembroke East C

3,356

1,961

73

1,322

3.6

128 Pembroke East D

4,021

1,941

110

1,970

5.4

129 Pembroke East E

2,861

1,806

80

975

4.2

130 Pembroke West A

2,876

1,668

103

1,105

5.8

131 Pembroke West B

2,887

1,888

85

914

4.3

132 Pembroke West C

3,926

2,520

159

1,247

5.9

133 Rathfarnham

3,788

2,087

83

1,618

3.8

134 Rathmines East A

4,196

2,423

140

1,633

5.5

135 Rathmines East B

4,477

2,551

116

1,810

4.3

136 Rathmines East C

3,134

1,750

76

1,308

4.2

137 Rathmines East D

2,630

1,662

96

872

5.5

138 Rathmines West A

4,428

2,831

225

1,372

7.4

139 Rathmines West B

3,267

2,037

249

981

10.9

140 Rathmines West C

2,361

1,440

98

823

6.4

141 Rathmines West D

2,843

1,710

179

954

9.5

142 Rathmines West E

3,148

2,001

118

1,029

5.6

143 Rathmines West F

2,650

1,689

110

851

6.1

144 Royal Exchange A

3,337

2,217

174

946

7.3

145 Royal Exchange B

1,741

977

110

654

10.1

146 St. Kevin’s

4,249

2,480

285

1,484

10.3

147 South Dock

3,433

2,157

147

1,129

6.4

148 Terenure A

3,093

1,936

119

1,038

5.8

149 Terenure B

2,922

1,606

139

1,177

8.0

150 Terenure C

1,432

733

29

670

3.8

151 Terenure D

735

338

10

387

2.9

152 Ushers A

1,552

892

141

519

13.6

153 Ushers B

916

554

112

250

16.8

154 Ushers C

2,031

916

292

823

24.2

155 Ushers D

1,447

700

155

592

18.1

156 Ushers E

1,541

762

153

626

16.7

157 Ushers F

2,803

1,486

144

1,173

8.8

158 Walkinstown A

1,609

765

96

748

11.1

159 Walkinstown B

1,606

774

65

767

7.7

160 Walkinstown C

1,953

823

86

1,044

9.5

161 Wood Quay A

2,483

1,199

293

991

19.6

162 Wood Quay B

3,208

1,855

200

1,153

9.7

Social Partnership.

Michael Lowry

Ceist:

99 Mr. Lowry asked the Taoiseach the progress of the social partnership talks; the expected timeframe for completing the talks; if the framework of an agreement is emerging and the details thereof; and if he will make a statement on the matter. [14235/06]

Negotiations on a successor agreement to Sustaining Progress are being conducted on a strand-based approach and the first strand has been focusing on the issue of employment standards. It is accepted that it is the congress position that significant progress will be made in this first strand before any substantial engagement takes place around core pay issues.

Several meetings have been held in this regard and contacts are ongoing with a view to establishing the scope and possibilities that exist for agreement on the issue. While no date has been set for the conclusion of negotiations, it is hoped that, with goodwill and flexibility on all sides, we will be able to move on soon to address pay and other workplace related issues.

A number of plenary and bilateral meetings have also taken place with each of the four pillars — trade union, business-employer, farming and community and voluntary — which have discussed, inter alia, the NESC report on the Developmental Welfare State; the Fitzpatrick Associates review of the special initiatives implemented under Sustaining Progress; the implications of the proposed longer-term framework for social partnership; the macro-economic context for the negotiations; the economic, environmental, infrastructural and social policy priorities within a new agreement; and the wider non-pay issues and priorities, where the social partners have agreed that a longer-term perspective is appropriate for full implementation.

Following on from the initial round of multilateral engagement, as outlined above, it is intended that draft text in relation to the economic, environmental, infrastructural and social policy priorities will be circulated for comment in the next round of multilateral engagement in the negotiations, which have resumed this week, commencing 24 April, after the Easter recess.

Officials of the relevant Departments are participating in the talks. The positions to be finally agreed in the context of these talks will reflect the Government's policy priorities, since the response to the social partners in the talks is determined by my colleagues and me.

Irish Language.

Brian O'Shea

Ceist:

100 Mr. O’Shea asked the Taoiseach the percentage of the staff of his Department who are able to provide services through Irish; and if he will make a statement on the matter. [14236/06]

At present, some 5% of my Department's staff are available to provide services in Irish. The greatest demand for service in Irish comes in the form of written correspondence or telephone queries from the public. These queries are dealt with by referring them to staff who have an appropriate level of proficiency in Irish.

To support such staff members, and to encourage others to develop their Irish language skills, my Department has provided a range of resources, including in-house Irish language classes. I am satisfied that this system is appropriate to the demand my Department currently experiences and it will be monitored in the light of evolving demand.

Official Engagements.

Bernard Allen

Ceist:

101 Mr. Allen asked the Taoiseach the details of his travels abroad for the St. Patrick’s Day celebrations; the people who travelled with him in their official party; the duration of the visit; and the cost. [14495/06]

I travelled to the United States on 13 March for St. Patrick's Day, returning on 18 March. My programme included official engagements in San Jose and Washington. I was accompanied by the second secretary general of my Department, the Government press secretary, a special adviser, a private secretary, a personal assistant and security officer. The director and another official of the Northern Ireland and international division of my Department were also part of the delegation in Washington.

The Minister for Foreign Affairs travelled separately to the US and joined me in Washington, with his officials. He accompanied me on the return journey.

The cost arising to my Department for the visit has not yet been finalised. It currently stands at €8,629.74.

Dublin-Monaghan Bombings.

Joe Costello

Ceist:

102 Mr. Costello asked the Taoiseach the progress he has made in securing the agreement of the British Government to the course of action recommended in the report of the justice committee on the Report of the Independent Commission of Inquiry into the 1974 Dublin and Monaghan Bombings; if the Government is considering initiating proceedings in the European Court of Human Rights seeking appropriate declaratory relief against the UK; and if he will make a statement on the matter. [15241/06]

In line with the recommendations in the final report of the Joint Committee on Justice, Equality, Defence and Women's Rights on Judge Barron's report into the Dublin-Monaghan Bombings of 1974, the MacEntee Commission of Investigation was established to examine certain aspects of the investigation in this jurisdiction of the Dublin and Monaghan bombings in 1974, arising from findings made by Mr. Justice Barron.

The Report of the Joint Committee on Justice, Equality, Defence and Women's Rights also recommended that a public tribunal of inquiry in Northern Ireland and-or Great Britain be established. It was recommended that the terms of reference should be agreed between the two Governments and should be based on Weston Park proposals. The British Government has indicated that it does not intend to establish such a public tribunal of inquiry.

The sub-committee recommended that if there was a lack of co-operation on this matter from the Government or authorities in Great Britain or Northern Ireland, that the Irish Government should consider instituting proceedings in the European Court of Human Rights, ECHR, seeking appropriate declaratory relief against the UK, requiring it to put in place an appropriate investigation.

I have received advice from the Attorney General in relation to bringing a case to the ECHR. The Attorney General was in turn able to draw on the expertise of a number of experts in this field of law. The essence of the advice is that there are great difficulties in the Government bringing a successful case against the British Government in the ECHR. I am not in favour, nor is the Attorney General, of bringing a case such as this if we cannot be confident of winning it.

Centenarian Bounty.

Emmet Stagg

Ceist:

103 Mr. Stagg asked the Taoiseach if the Government has decided to extend the presidential payment for Irish citizens reaching the age of 100 years to those living abroad; the date of the change; and if he will make a statement on the matter. [15242/06]

On 28 March, the Government approved in principle the extension of the scheme for the payment of the centenarian bounty. Under the new arrangements, it is intended that the bounty, which currently amounts to €2,500, will be payable to any Irish citizen who was born on the island of Ireland, regardless of where he or she may currently reside. Up to now, the bounty was payable only to centenarians living in the State. A working group has been set up to consider issues relating to the administration of the new arrangements.

Departmental Legal Advice.

Ruairí Quinn

Ceist:

104 Mr. Quinn asked the Taoiseach if his Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the Law Offices of the State 1997 that legal advice should be given to the Government only by the Attorney General and his office. [15286/06]

Ruairí Quinn

Ceist:

106 Mr. Quinn asked the Taoiseach the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15288/06]

Ruairí Quinn

Ceist:

108 Mr. Quinn asked the Taoiseach if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15290/06]

I propose to take Questions Nos. 104, 106 and 108 together.

My Department does not have a legal adviser. Any legal advice required by my Department or bodies under its aegis is sought from the Office of the Attorney General.

Ruairí Quinn

Ceist:

105 Mr. Quinn asked the Taoiseach the State bodies other than Departments to which the Attorney General gives legal advice. [15287/06]

Ruairí Quinn

Ceist:

107 Mr. Quinn asked the Taoiseach if effect has been given to the recommendation in the Report of the Review into the Law Offices of the State 1997 that Departments or offices should obtain the approval of the Office of the Attorney General before outside legal advisers are engaged. [15289/06]

I propose to take Questions Nos. 105 and 107 together.

My Department does not have a legal adviser. Any legal advice required is sought from the Office of the Attorney General. The Attorney General is legal adviser to the Government and attends Government meetings in that capacity.

There have been a number of developments since the 1997 Report of the Review Group on the Law Offices, which was published on 24 February 1998, namely: the Office of the Attorney General, including the Office of the Chief State Solicitor, as indicated in its statements of strategy, annual reports and other publications, organises itself so that lawyers specialise in a range of legal areas so as to be best placed to meet the underlying needs of its client Departments-offices; the Office of the Attorney General and the Office of the Chief State Solicitor, in their periodic review meetings with Departments and offices, their operation of their client and customer charters and the formation by the Office of the Attorney General of its client panel, which had its inaugural meeting last November, are in close contact with their clients and customers and the Departments who engage their own legal advisers; and the Office of the Attorney General has been consulted on the long-term engagement of new legal advisers by certain Departments and has indeed been represented on relevant interview selection boards.

The most recent development has been the agreement reached between the Office of the Attorney General and the Department of Finance on the recruitment by the office of a number of advisory counsel who will be trained by the office, prior to secondment to Departments who are seeking legal advisers. Pursuant to this agreement, the Office of the Attorney General, in co-operation with the Public Appointments Service, recently ran a competition and the first recruits are to take up duty in the office on 2 and 8 May, respectively. Two or three further appointments are envisaged as five Departments have agreed, in principle, to the arrangement. The office is currently finalising protocols to be agreed with the relevant Departments. This initiative is in line with conclusions reached in the Travers report on administration matters in the Department of Health and Children and recommendations of the appropriate Oireachtas joint committee thereon.

Most legal advice given by the Office of the Attorney General to State bodies follows requests from the appropriate Department and includes bodies such as the Office of Public Works, the Central Statistics Office, the Registrar General, the Adoption Board, the Garda, the Companies Registration Office, the Land Registry, the Public Appointments Service, the State Laboratory and, on occasion, the Office of Tobacco Control.

Question No. 106 answered with QuestionNo. 104.
Question No. 107 answered with QuestionNo. 105.
Question No. 108 answered with QuestionNo. 104.

Child Care Services.

Paul Nicholas Gogarty

Ceist:

109 Mr. Gogarty asked the Tánaiste and Minister for Health and Children the legislation which exists in relation to the regulation of child minders; the maximum number of children that a registered child minder can look after; and if she will make a statement on the matter. [14229/06]

The Child Care (Pre-School Services) Regulations 1996 and (Amendment) Regulations 1997 give effect to Part VII of the Child Care Act 1991 and provide for notification to, and inspection by the Health Service Executive of pre-school services. There is no registration system for pre-school services. The regulations apply to pre-schools, playgroups, day nurseries, crèches, childminders looking after more than three children and other similar services which cater for children under six years of age. The Health Service Executive has statutory responsibility for the implementation of these regulations.

A childminder should look after no more than six pre-school children, including her own pre-school children, and no more than three of these should be under the age of one.

Some childminders are exempted from the requirements of the regulations. These are a person taking care of children of relatives, a sibling group or not more than three pre-school children of different families — other than that person's own such children — in that person's home. A voluntary notification and support system is in place since 2001 for such childminders. On voluntary notification to the childminder advisory service, which is operated at local level through the city and county child care committees-Health Service Executive, childminders are put in contact with their local childminder advisory officer. The childminder advisory officers provide networking opportunities, advice, advisory visits, support and training for childminders who voluntarily notify.

Paul Nicholas Gogarty

Ceist:

110 Mr. Gogarty asked the Tánaiste and Minister for Health and Children if there is a difference between after-school care and out-of-school care; the registration which is required legally for same; and if she will make a statement on the matter. [14230/06]

There is no legal definition of after-school child care, but it is a term used to describe a type of out-of-school child care and school-age child care. Of these terms, the one generally used by the child care directorate of the Office of the Minister for Children under the Minister of State with responsibility for children, Deputy Brian Lenihan, is school-age child care, which encompasses all such services. A report entitled, Developing School Age Childcare, was compiled by a working group of the national child care co-ordinating committee and published last year by the directorate. For the purposes of that report, the working group defined school-age child care as being:

Child care for school-going children provided outside of normal school hours where the same children attend the child care facility on a regular basis and access to the service is clearly defined by agreement with parents and guardians.

The term "after-school child care" would generally refer to such a service which takes place after school hours during the school term. However, other school-age or "out-of-school" child care facilities may open before the school day, from 8 a.m. to 9 a.m. and-or during school holidays. There is a variety of such services provided, which reflects the diverse needs of families for such child care. There is no registration system in place for school-age child care.

Paul Nicholas Gogarty

Ceist:

111 Mr. Gogarty asked the Tánaiste and Minister for Health and Children if it is technically possible for a person operating from a premises within a housing estate to work under approval as a registered childminder in the morning and then provide a separate after-school and out-of-school service later in the day; if this infringes on any approvals granted in terms of numbers and space; and if she will make a statement on the matter. [14231/06]

The Child Care (Pre-School Services) Regulations 1996 and (Amendment) Regulations 1997 give effect to Part VII of the Child Care Act 1991 and provide for notification to, and inspection by, the Health Service Executive of pre-school services. There is no registration system for pre-school services. The regulations apply to pre-schools, playgroups, day nurseries, crèches, childminders looking after more than three children and other similar services which cater for children under six years of age. The Health Service Executive has statutory responsibility for the implementation of these regulations.

Judgments as to whether a pre-school service is in compliance with the Child Care (Pre-School Services) Regulations 1996 and (Amendment) Regulations 1997 are made on inspection by the pre-school services inspection teams of the Health Service Executive. School-age child care services are not subject to child care legislation.

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. The 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 Levy.

John Gormley

Ceist:

112 Mr. Gormley asked the Tánaiste and Minister for Health and Children the amount forgone in revenue for the 2% health levy due to the introduction of the over-70s medical card; and if she will make a statement on the matter. [14292/06]

The health contribution was introduced by virtue of the Health Contributions Act 1979 and came into effect on 6 April of that year. The contributions are levied on income at a percentage rate set in pursuance of the Health Contributions Act and proceeds are paid over to the Minister for Health and Children in aid of the Vote for the Health Service Executive. The current rate of contribution is 2% of gross income. The levy is applicable to all persons over the age of 16 with reckonable income, earnings or emoluments. However, certain persons are exempt from liability to pay the health levy, including those who have full eligibility for health services, i.e. medical card holders under section 45 of the Health Act 1970. Following the announcement in the 2001 budget to grant full eligibility to those aged 70 and over, and the subsequent amendment of section 45 of the Health Act 1970, these pesons became exempt from paying health contributions. The cost to the Exchequer of including people who possess over-70 medical cards in the exemption from paying the health levy amounts to approximately €15 million per annum.

Domestic Violence.

Pádraic McCormack

Ceist:

113 Mr. McCormack asked the Tánaiste and Minister for Health and Children the situation for the provision of facilities for men suffering from domestic violence; and if she will make a statement on the matter. [14836/06]

I am informed by the Garda authorities that legal lecture No. 12 relating to offences committed within the family is allocated three hours lecture time under phase 1 of the Garda Síochána training programme and a further two hours under phase 3.

The lecture covers all matters relevant to the Domestic Violence Act 1996, including barring, protection and safety orders; arrest powers, procedures to follow, advice to be given, bail issues; the Children Act 1908 and related matters; the Childcare Act 1991, including the duties of the health boards and courts in matters of child care. There is no differentiation made between male and female victims of domestic violence when presenting these lectures.

Domestic violence training is also provided by the social studies section under phase 1 and phase 3, following which student gardaí are fully briefed on all aspects of the law on domestic violence. During experiential learning phases of training, student gardaí would also be exposed, under the supervision of tutors, to dealing with real cases of domestic violence.

Also under phase 3 training, Women's Aid attend the Garda College and spend four hours with each class of 24 students educating them on issues of domestic violence. Women's Aid deals with violence against both women and men. This learning is put into practice by way of role-play which enhances the students' abilities to deal with domestic violence, both lawfully and professionally.

Student gardaí can expect to receive a minimum of eight to ten hours training on all aspects of domestic violence. I am advised by Garda management that the issue of further training in the area for general members is being researched for inclusion in the continuous professional development core programme for 2007.

Guardianship Rights.

Pádraic McCormack

Ceist:

114 Mr. McCormack asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the lack of directives to its social workers in the application of legal guardianship rights as afforded to fathers by law, in particular where an independent investigation into such practices has brought to light such repetitive behaviour in the Health Service Executive north-east region and where the last such investigation concluded on 25 December 2005; and if she will make a statement on the matter. [14838/06]

The management and operation of health and personal social services is a matter for the Health Service Executive under the Health Act 2004.

There have been previous representations to my office on this matter and I have made inquiries with the Health Service Executive in that regard. The report of the independent investigation, to which the Deputy refers, made significant recommendations for services, both locally in the north east and nationally. The recommendations for services locally are being implemented. Nationally, the Health Service Executive is reviewing policies and procedures. This review will be informed by the need to provide for and protect the welfare of children while having regard to the rights of parents-guardians and relevant legislative requirements.

Child Care Services.

Jan O'Sullivan

Ceist:

115 Ms O’Sullivan asked the Tánaiste and Minister for Health and Children if funding will be sanctioned for an organisation (details supplied) in County Cork to provide a crèche, pre-school and after-school service for children with disabilities; and if she will make a statement on the matter. [14890/06]

I have responsibility for the Equal Opportunities Childcare Programme 2000-2006 and the National Childcare Investment Programme 2006-2010, which are being implemented by the newly established Office of the Minister for Children.

With regard to the application for capital grant assistance under the Equal Opportunities Childcare Programme 2000-2006 referred to by the Deputy, the community-based group in question submitted an application for funding some time ago. This application for funding is in the final stages of the appraisal process. The group will be informed of the outcome in due course.

Health Services.

John McGuinness

Ceist:

116 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the financial assistance available to a person (details supplied) with multiple sclerosis to continue payments on a car which is needed for transport to Cork on a regular basis for treatment; and if the benefit can be increased. [15217/06]

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 of Health and Children 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.

Seán Crowe

Ceist:

117 Mr. Crowe asked the Tánaiste and Minister for Health and Children if her attention has been drawn to a situation in Cabra, Dublin 7 where older people are reporting a lack of social workers there. [15301/06]

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 of Health and Children 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.

Paddy McHugh

Ceist:

118 Mr. McHugh asked the Tánaiste and Minister for Health and Children her views on whether the introduction of a universal newborn hearing screening would pay for itself in less than four years by reducing the future costs of deafness to the State; and if she will make a statement on the matter. [15718/06]

Paddy McHugh

Ceist:

119 Mr. McHugh asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the serious lifelong disadvantage to deaf children arising from the late diagnosis of deafness and consequent delay in receiving essential support services; and if she will make a statement on the matter. [15719/06]

Paddy McHugh

Ceist:

120 Mr. McHugh asked the Tánaiste and Minister for Health and Children the way in which Ireland compares with less developed countries in terms of providing hearing screening for newborn children; and if she will make a statement on the matter. [15720/06]

Paddy McHugh

Ceist:

121 Mr. McHugh asked the Tánaiste and Minister for Health and Children her plans to introduce universal newborn hearing screening in order that hearing screening can be carried out on all newborn babies before they leave hospital; and if she will make a statement on the matter. [15717/06]

Marian Harkin

Ceist:

141 Ms Harkin asked the Tánaiste and Minister for Health and Children if there are plans to introduce a universal newborn hearing screening programme; the timeframe for same; and if she will make a statement on the matter. [14390/06]

Michael Lowry

Ceist:

153 Mr. Lowry asked the Tánaiste and Minister for Health and Children if her attention has been drawn to correspondence (details supplied); her views on the matters raised; when the group can expect to receive confirmation of positive action; and if she will make a statement on the matter. [14474/06]

Beverley Flynn

Ceist:

176 Ms Cooper-Flynn asked the Tánaiste and Minister for Health and Children her plans for the reintroduction of hearing screening for all newborn babies. [14594/06]

Jan O'Sullivan

Ceist:

220 Ms O’Sullivan asked the Tánaiste and Minister for Health and Children if she will introduce universal neonatal hearing screening which is the accepted standard of care in all developed countries without further delay; and if she will make a statement on the matter. [14889/06]

Olwyn Enright

Ceist:

233 Ms Enright asked the Tánaiste and Minister for Health and Children her views on the National Association for Deaf People’s campaign for universal newborn health screening; if she supports this campaign; and if she will make a statement on the matter. [14978/06]

I propose to take Questions Nos. 118 to 121, inclusive, 141, 153, 176, 220 and 233 together.

The Deputies' questions relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department of Health and Children 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 Deputies.

Family Support Services.

Finian McGrath

Ceist:

122 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if a person (details supplied) is receiving all of her entitlements; and if she will work with the family on this matter. [14238/06]

Finian McGrath

Ceist:

137 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if she will work with the Department of Finance to ascertain if a person (details supplied) in County Dublin is receiving all of her entitlements for home care costs; and if the family will be assisted on this matter. [14370/06]

I propose to take Questions Nos. 122 and 137 together.

In response to the Deputy's question relating to entitlements surrounding home care costs, 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 of Health and Children has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

The Department of Social and Family affairs administers carer's allowance and carer's benefit, for people who are caring for people in certain circumstances. It also administers the respite care grant which is an annual payment for carers who look after certain people in need of full-time care and attention. Further information on these schemes can be had by contacting the Department of Social and Family affairs. The Minister for Finance is addressing tax entitlements for home care costs in a separate response to a parliamentary question.

Health Services.

Richard Bruton

Ceist:

123 Mr. Bruton asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the lengthy waiting time for an assessment in a clinic (details supplied) which could jeopardise timely identification of appropriate interventions; and if she will review the difficulties which are causing these long waiting times. [14239/06]

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 of Health and Children has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospitals Building Programme.

Olivia Mitchell

Ceist:

124 Ms O. Mitchell asked the Tánaiste and Minister for Health and Children, further to Parliamentary Question No. 201 of 12 October 2004, her intentions in respect of the future use of the lands on which the Central Mental Hospital is located at Dundrum. [14240/06]

In 2003, the Minister for Health and Children established a project team, chaired by the East Coast Area Health Board, to progress the redevelopment of the Central Mental Hospital. The team reported to the Department of Health and Children via the Eastern Regional Health Authority in May 2004 and recommended that the Central Mental Hospital be relocated to a new purpose built facility in the greater Dublin area, as this was judged to be the most appropriate option for delivery of patient care. In November 2004, the Government decided in principle to develop the new Central Mental Hospital adjacent to the new Mountjoy Prison replacement complex.

The Department is preparing detailed proposals for the Government on the development of the new hospital and the disposal of the property at Dundrum. The lands there are the property of the Office of Public Works. It is my intention that the proceeds from the sale of the existing site will go towards the provision of the new hospital in the first instance, with the balance of funds to be invested in health facilities, in particular community mental health facilities.

Health Services.

Jerry Cowley

Ceist:

125 Dr. Cowley asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that a person (details supplied) in County Mayo is on a waiting list for cataract removal since the end of December 2005 and will not have their operation until May 2006 and that when the National Treatment Purchase Fund was contacted they could not accommodate them until July 2006; her views on whether this system is working as promised; the alternatives which are available to this person; and if she will make a statement on the matter. [14241/06]

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 of Health and Children has requested the parliamentary affairs division of the executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.

Health Service Staff.

Paul Nicholas Gogarty

Ceist:

126 Mr. Gogarty asked the Tánaiste and Minister for Health and Children if there is a time limit for the completion of vetting procedures when appointing new employees to positions in the health service. [14242/06]

Garda vetting services are available in respect of health service employees with substantial unsupervised access to children and vulnerable adults. Vetting applications are dealt with as expeditiously as possible by the Garda central vetting unit and I am informed that correctly completed applications are being processed to a conclusion within approximately four weeks from the date of receipt.

Services for People with Disabilities.

Beverley Flynn

Ceist:

127 Ms Cooper-Flynn asked the Tánaiste and Minister for Health and Children her views on extending the mobility allowance to those above the age of 66 years. [14243/06]

The mobility allowance is a monthly payment administered by the Health Service Executive, which provides financial support for severely disabled people who are unable to walk or use public transport and is intended to enable them to benefit from a change in surroundings, for example, by financing the occasional taxi journey.

To be eligible to receive the mobility allowance applicants must satisfy the following conditions: be over 16 years and under 66 years. However, an allowance, once granted, will be continued after the age of 66 as long as the other criteria for eligibility are met. I have no proposals to amend this scheme.

Health Services.

John Gormley

Ceist:

128 Mr. Gormley asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the case of a person (details supplied); the action she will take on same; and if she will ensure they are transferred to a Dublin hospital as soon as possible. [14296/06]

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 of Health and Children 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.

Home Help Service.

John Gormley

Ceist:

129 Mr. Gormley asked the Tánaiste and Minister for Health and Children if her attention has been drawn to SIPTU’s Be Fair to Those Who Care campaign; if she intends to address the issues raised by this campaign; if she will ask the Health Service Executive to address the crucial issues of lack of funding and zero hour contracts in the home help service; and if she will make a statement on the matter. [14297/06]

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

I am aware that a high level group has been established, with representatives from the Health Service Executive and staff representatives from SIPTU and IMPACT, to address issues pertaining to the standardisation of home help services. The group held its first meeting on 23 March last and further meetings are scheduled.

An additional €33 million full-year cost was allocated to the home help programme in the 2006 budget, €30 million of which will be for 2006 with the remaining €3 million in 2007, which will enable the Health Service Executive to provide an additional 1.75 million hours nationally in 2006. The additional resource will further enhance the service and facilitate the expressed wish of many more older people to continue to live in their own homes for as long as possible.

Health Services.

John Gormley

Ceist:

130 Mr. Gormley asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that it is virtually impossible to get through to the Health Service Executive in Dublin, that repeated voicemails go unanswered and that the service is inefficient; the telephone numbers which are the best to ring to inquire about medical cards for constituents; the reason for the delay in awarding a medical card to a person (details supplied) Dublin 4; and if she will make a statement on the matter. [14298/06]

The Health Service Executive established its parliamentary affairs division in April 2005 to provide an effective mechanism and specific resource, to address the information needs of Members in connection with the discharge by the executive of its statutory responsibilities under the Health Act 2004. The executive's parliamentary affairs division provides a central contact for all requests for information relating to matters within the statutory remit of the executive.

Last January I circulated an information note to all Members giving details of the executive's arrangements for handling inquiries from Members. This note included a list of contact numbers and e-mail addresses which Members could use to make direct representations to local health areas regarding local health matters. In addition, the chief executive officer of the executive wrote to Members on 1 March 2006 updating the information previously provided and advising of further initiatives being adopted by the executive, which include the establishment of a central dedicated e-mail address through which Members may submit inquiries to the executive and the identification of two dedicated telephone numbers in the executive's central parliamentary affairs office to enable Members to obtain assistance with inquiries.

My Department has been informed by the executive's parliamentary affairs division that a reply has issued to the Deputy regarding the provision of a medical card to the person referred to in his question.

John McGuinness

Ceist:

131 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if home help hours granted over the past five years of one hour per day for five days per week will be restored to a person (details supplied) in County Kilkenny; the reason for cutting their hours to three hours per week; and if she will make a statement on the matter. [14344/06]

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 of Health and Children 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.

Finian McGrath

Ceist:

132 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if assistance will be given to a centre (details supplied) in Dublin 5 regarding extra funding in 2006; and if the maximum support will be given. [14354/06]

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 of Health and Children 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.

Michael Lowry

Ceist:

133 Mr. Lowry asked the Tánaiste and Minister for Health and Children when a decision will issue on an application for domiciliary care allowance to a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [14357/06]

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 of Health and Children 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.

Homeless Persons.

Michael Lowry

Ceist:

134 Mr. Lowry asked the Tánaiste and Minister for Health and Children her views on youth cafes as a means to deliver quality youth work; the financial resources allocated in 2005 and 2006 for community groups and other organisations to develop such centres; and if she will make a statement on the matter. [14358/06]

The youth homelessness strategy 2001 was developed to ensure a more co-ordinated and planned approach to tackling youth homelessness. In the strategy particular emphasis is placed on prevention and the importance of supporting communities, young people and their families in this context.

As part of the implementation of this strategy several youth cafes have been developed by the Health Service Executive. These cafes act not only as venues where young people can meet, but also as advice centres and access points for other services for vulnerable young people who may need support or who may be at risk of becoming homeless. I strongly support and encourage the development of any such community initiative which aims to improve the quality of life of our young people.

The Department of Health and Children has requested the parliamentary affairs division of the Health Service Executive to arrange to have further information on this matter, regarding the resources allocated, forwarded directly to the Deputy.

Health Services.

Phil Hogan

Ceist:

135 Mr. Hogan asked the Tánaiste and Minister for Health and Children when an appointment will be made for a cataract operation in respect of a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [14359/06]

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 of Health and Children has requested the parliamentary affairs division of the executive to have a reply issued directly to the Deputy.

Gay Mitchell

Ceist:

136 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children if the Health Service Executive has a plan to assist a person (details supplied) in Dublin 8 who has been assessed and is in need of proactive assistance; and if she will make a statement on the matter. [14364/06]

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 of Health and Children 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.

Question No. 137 answered with QuestionNo. 122.

Michael Ring

Ceist:

138 Mr. Ring asked the Tánaiste and Minister for Health and Children if more home help hours will be provided for a person (details supplied) in County Mayo. [14373/06]

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 of Health and Children 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.

Michael Ring

Ceist:

139 Mr. Ring asked the Tánaiste and Minister for Health and Children the reason no reply issued from the Health Service Executive in response to a previous question (details supplied) regarding X-ray facilities at a location in County Mayo; and when the reply will issue. [14382/06]

I understand that a reply has issued from the Health Service Executive to the Deputy dated 16 February 2006.

Brian O'Shea

Ceist:

140 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the progress which has been made in the provision of radiotherapy services in the grounds of Waterford Regional Hospital; and if she will make a statement on the matter. [14383/06]

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 of Health and Children has requested the parliamentary affairs division of the executive to respond directly to the Deputy regarding the matter.

Question No. 141 answered with QuestionNo. 118.

Hospital Accommodation.

Dinny McGinley

Ceist:

142 Mr. McGinley asked the Tánaiste and Minister for Health and Children the mechanisms which are in place to ensure communication between her Department and the Central Statistics Office in order to map out forward-planning for bed allocation; and if she will make a statement on the matter. [14424/06]

The review of acute bed capacity carried out in 2001 utilised the most recent data available at that time from the Central Statistics Office on the demography of the population and projected population changes.

Following discussions between the Department of Health and Children and the Health Service Executive, it is intended to carry out a further review of the acute hospital bed capacity requirement to 2020. This review will use the latest available data from the Central Statistics Office on population, demography and projections to determine the likely impact of projected demographic changes on our requirement for acute hospital beds by 2020.

Hospital Services.

Dinny McGinley

Ceist:

143 Mr. McGinley asked the Tánaiste and Minister for Health and Children the benefits which a patient derives from VHI in view of the fact that a patient (details supplied) in County Donegal has spent their referral time from a general practitioner on a trolley at Letterkenny General Hospital; and if she will make a statement on the matter. [14425/06]

Any person, who is ordinarily resident in Ireland, is entitled to receive treatment as a public patient by a consultant in a public hospital, including Letterkenny General Hospital, subject only to certain statutory charges.

Treatment in an accident and emergency department is provided on the basis of medical need and the fact that a patient holds private health insurance is not relevant to the nature of the treatment provided.

Organ Donation.

Seán Haughey

Ceist:

144 Mr. Haughey asked the Tánaiste and Minister for Health and Children the efforts she is making to promote organ donor cards; if the national census under way could be utilised in this regard; and if she will make a statement on the matter. [14432/06]

The annual organ donor awareness campaign, which is organised by the Irish Donor Network and administered by the Irish Kidney Association, highlights the necessity for organ donation generally. The campaign, supported by the Department of Health and Children, highlights the need for organ donors by promoting the carrying of an organ donor card.

The Department of Health and Children has been providing financial support for the donor awareness campaign for several years. The grant this year amounted to €550,000. The Department is advised by the Health Service Executive that arrangements have recently been put in place to facilitate the distribution of organ donor cards throughout the community pharmacy network. The Irish Pharmaceutical Union has arranged with the Irish Kidney Association on behalf of the Irish Donor Network for pharmacies to stock organ donor cards.

In the context of increasing the number of donor organs available for transplant, the Health Service Executive was asked by the Department of Health and Children to undertake a review and analysis of the factors that impact on organ procurement and retrieval rates in hospitals around the country. The review has commenced.

Health Services.

Mary Upton

Ceist:

145 Dr. Upton asked the Tánaiste and Minister for Health and Children the number of hours a week home help a person (details supplied) in Dublin would be able to arrange if they agreed to have their hospitalised brother home to live with them; and if she will make a statement on the matter. [14433/06]

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 of Health and Children 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.

Joe Costello

Ceist:

146 Mr. Costello asked the Tánaiste and Minister for Health and Children the reason information provided in confidence for a social worker by a person was divulged causing irreparable damage to a relationship (details supplied); and if she will make a statement on the matter. [14434/06]

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 of Health and Children has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Medical Aids and Appliances.

Noel Grealish

Ceist:

147 Mr. Grealish asked the Tánaiste and Minister for Health and Children her plans to make strips for the coaguchek machines available here through the general medical services scheme (details supplied); and if she will make a statement on the matter. [14437/06]

The current treatment available to patients on anti-coagulation therapy is normally provided in a hospital setting under the supervision of a specialist, or in certain GP clinics with specialist agreement. A small number of patients may be opting to self-test, which is a private matter between them and their doctors. I have no plans to make these testing strips available through the community drugs schemes.

Health Services.

Richard Bruton

Ceist:

148 Mr. Bruton asked the Tánaiste and Minister for Health and Children if she has developed a policy for the recycling of medical aids such as walkers, crutches and so on in view of the fact that many people report that health agencies will not take back such equipment, sometimes citing insurance problems; and if she will make a statement on the matter. [14444/06]

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 of Health and Children will request the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Jimmy Deenihan

Ceist:

149 Mr. Deenihan asked the Tánaiste and Minister for Health and Children the position regarding the improvement of services in the accident and emergency department of Kerry General Hospital; and if she will make a statement on the matter. [14462/06]

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 of Health and Children has requested the parliamentary affairs division of the executive to have a reply issued directly to the Deputy.

Cancer Screening Programme.

Jimmy Deenihan

Ceist:

150 Mr. Deenihan asked the Tánaiste and Minister for Health and Children when BreastCheck will become available to women in County Kerry; and if she will make a statement on the matter. [14463/06]

Brian O'Shea

Ceist:

217 Mr. O’Shea asked the Tánaiste and Minister for Health and Children when the BreastCheck service will be available to women in the Waterford constituency; and if she will make a statement on the matter. [14883/06]

I propose to take Questions Nos. 150 and 217 together.

I have met representatives of BreastCheck and they are aware of my wish to have the programme rolled out to the remaining regions as quickly as possible. For this to happen, essential elements of the roll-out must be in place, including adequate staffing, effective training and quality assurance programmes. I have made additional revenue funding of €2.3 million available to BreastCheck this year to provide for the early recruitment and training of staff. BreastCheck is confident that the target date of next year for the commencement of the roll-out to southern and western regions will be met; a more exact date for the roll-out will depend on the availability of adequately trained medical and technical staff, particularly radiographers.

BreastCheck recently interviewed for clinical directors for both regions and is in the process of making appointments. BreastCheck is also recruiting radiographers and a second consultant radiologist for each region. BreastCheck recently received planning permission for the new clinical units at University College Hospital Galway and the South Infirmary-Victoria Hospital, Cork and is now proceeding to tender for their construction.

Health Services.

Jimmy Deenihan

Ceist:

151 Mr. Deenihan asked the Tánaiste and Minister for Health and Children when a full-time senior cardiologist will be appointed at Kerry General Hospital; and if she will make a statement on the matter. [14464/06]

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 of Health and Children has requested the parliamentary affairs division of the executive to have a reply issued directly to the Deputy.

Jimmy Deenihan

Ceist:

152 Mr. Deenihan asked the Tánaiste and Minister for Health and Children the position regarding the community nursing unit on the grounds of Kerry General Hospital, Tralee, County Kerry; and if she will make a statement on the matter. [14465/06]

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

Question No. 153 answered with QuestionNo. 118.

Michael Lowry

Ceist:

154 Mr. Lowry asked the Tánaiste and Minister for Health and Children if residential accommodation will be found for a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [14475/06]

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

John McGuinness

Ceist:

155 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if a medical card or doctor only card will be issued to a person (details supplied) in County Kilkenny on appeal; if she will expedite a response. [14487/06]

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 of Health and Children 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.

Official Engagements.

Bernard Allen

Ceist:

156 Mr. Allen asked the Tánaiste and Minister for Health and Children the details of her travels abroad for the St. Patrick’s Day celebrations; the people who travelled with her in the official party; the duration of the visit; and the cost. [14496/06]

I travelled to Bahrain and South Africa to undertake several duties on St. Patrick's Day. I travelled with my husband, Mr. Brian Geoghegan; deputy Government press secretary, Mr. Mark Costigan; special adviser, Ms Patricia Ryan; principal officer, Mr. Brendan Phelan, and my private secretary, Mr. Paul Flanagan. The delegation left on Friday, 10 March and returned on Wednesday, 23 March. The cost of the trip to the Department was €17,214.

Long-Term Illness Scheme.

Bernard J. Durkan

Ceist:

157 Mr. Durkan asked the Tánaiste and Minister for Health and Children if medication will be free to children suffering from ADHD who qualify for domiciliary care allowance; and if she will make a statement on the matter. [14512/06]

Different eligibility criteria govern the supply of medication without charge and the domiciliary care allowance respectively. Under the 1970 Health Act, the Health Service Executive may arrange for the supply, without charge, of drugs, medicines and medical and surgical appliances to people with a specified condition, for the treatment of that condition, through the long-term illness scheme. The conditions include mental handicap, mental illness, for people under 16 only, phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, parkinsonism, conditions arising from thalidomide and acute leukaemia. Products which are necessary for the management of the specified illness are available to the scheme's patients. Other products are available according to the patient's eligibility.

People who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process the Health Service Executive can take into account medical costs incurred by an individual or a family. Non-medical card holders and people whose illness is not covered by the long-term illness scheme can use the drug payment scheme, which protects against excessive medicines costs. Under this scheme, no individual or family unit pays more than €85 per calendar month, or approximately €20 per week, towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines. In addition, non-reimbursed medical expenses above a set threshold may be offset against tax.

Domiciliary care allowance is a monthly allowance administered by the Health Service Executive and may be paid in respect of eligible children from birth to the age of 16 who have a severe disability requiring continual or continuous care and attention which is substantially in excess of that normally required by a child of the same age. Eligibility is determined primarily by reference to the degree of additional care and attention required by the child rather than to the type of disability involved, subject to a means test.

Only personal means of the child are taken into account. The means of the parents are not considered. It is a matter for the senior area medical officer or other designated medical officer in the relevant community care area to decide whether a child qualifies for domiciliary care allowance.

Health Services.

Kathleen Lynch

Ceist:

158 Ms Lynch asked the Tánaiste and Minister for Health and Children the number of applications her Department has had for the general practitioner visit card since the introduction of the scheme; and the number of these applications which were rejected or are under appeal. [14524/06]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. The Department of Health and Children has no role in the process of determination of eligibility to medical cards or general practitioner visit cards of individual applicants. Accordingly, the Department of Health and Children 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.

James Breen

Ceist:

159 Mr. J. Breen asked the Tánaiste and Minister for Health and Children further to Parliamentary Question No. 121 of 16 February 2006, when this Deputy will receive an answer to same; and if she will make a statement on the matter. [14526/06]

A response issued from the Health Service Executive to this parliamentary question on Friday, 21 April 2006.

James Breen

Ceist:

160 Mr. J. Breen asked the Tánaiste and Minister for Health and Children, further to Parliamentary Question No. 348 of 25 January 2006, when this Deputy will receive an answer to same; and if she will make a statement on the matter. [14527/06]

Parliamentary questions can differ substantially in the complexity of the subject matter or the extent of the detail sought. The Deputy's question requested statistical information on a national service. This requires collation of information from a number of sources. The Department has been advised by the parliamentary affairs division of the HSE that this exercise is not yet completed but that the information will furnished to the Deputy as soon as it is available.

James Breen

Ceist:

161 Mr. J. Breen asked the Tánaiste and Minister for Health and Children, further to Parliamentary Question No. 292 of 14 February 2006, when this Deputy will receive an answer; and if she will make a statement on the matter. [14528/06]

With regard to the matter raised by the Deputy in Parliamentary Question No. 292 of 14 February 2006, I understand from the Health Service Executive that a reply was issued to the Deputy on 31 March 2006.

James Breen

Ceist:

162 Mr. J. Breen asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Clare will be called for a knee replacement operation; and if she will make a statement on the matter. [14529/06]

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

Joe Higgins

Ceist:

163 Mr. J. Higgins asked the Tánaiste and Minister for Health and Children if she will make capital funding available to build the planned women’s refuge in Blanchardstown, Dublin 15. [14531/06]

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

Cancer Screening Programme.

Máire Hoctor

Ceist:

164 Ms Hoctor asked the Tánaiste and Minister for Health and Children the reason the cervical screening service is not available free of charge to women beyond 60 years of age and prior to their availing of the free medical card at 70 years of age; and if she will make a statement on the matter. [14534/06]

A pilot cervical screening programme commenced in 2000 covering the area of the former Mid-Western Health Board. Under the programme, cervical screening is offered, free of charge, to approximately 74,000 women in the 25 to 60 age group, at five year intervals. The evidence internationally is that the risk of developing cervical cancer decreases with age and it is for this reason that the programme has an upper age limit of 60 years. A report on the programme prepared by an international expert has recommended that it should be rolled out nationally in respect of the 25 to 60 year age cohort.

I am fully committed to the national roll-out of a cervical screening programme in line with international best practice. The Department has requested the Health Service Executive to prepare a detailed implementation plan for a national programme. The plan is to have cervical screening managed as a national call-recall programme via effective governance structures that provide overall leadership and direction, in terms of quality assurance, accountability and value for money. All elements of the programme, call-recall, smear taking, laboratories and treatment services must be quality assured, organised and managed to deliver a single integrated service.

Significant preparatory work is well under way involving the introduction of new and improved cervical tests, improved quality assurance training and the preparation of a national population register. I made available an additional €9 million to the executive for cancer services development in 2006, including the continuation of preparations for the roll-out.

Outside of this pilot programme, women seeking cervical smear tests are charged for the service unless it forms part of a recognised protocol for the ongoing treatment of an individual patient's illness. Any necessary follow up treatment is available to all women within the public hospital system.

Máire Hoctor

Ceist:

165 Ms Hoctor asked the Tánaiste and Minister for Health and Children the reason the national breast-screening service is made available only to women aged between 50 and 64 years of age; and if she will make a statement on the matter. [14535/06]

BreastCheck, the national breast screening programme, is currently available to women in the 50 to 64 age group in the eastern, north-eastern, south-eastern and midland regions. There are approximately 160,000 women in the target age group in these regions and since the programme commenced more than 1,600 cancers have been detected.

Planning is under way for the roll out of the programme to the remaining regions. There are approximately 130,000 women in the target population for screening in the southern and western regions. BreastCheck is confident that the target date of next year for the commencement of the roll-out will be met. On full roll-out, women in the 50 to 64 age group in every county will have access to breast screening and follow-up treatment where appropriate.

When the national roll-out of the programme is sufficiently developed and it is assured that a quality service is being delivered at national level, consideration will be given to including older women, thereby continuing the screening of women in the programme who have reached 65 years of age. There is no evidence of the value of population based breast screening programmes for women under 50 years of age and there are no plans to extend the programme to this age group.

Any woman, irrespective of her age or residence, who has immediate concerns or symptoms should contact her GP who, where appropriate, will refer her to the symptomatic services in her area.

Health Services.

Caoimhghín Ó Caoláin

Ceist:

166 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the criteria which are used to determine whether the availability of a health service in the State is a policy matter and, therefore, her responsibility or an operational matter and, therefore, the responsibility of the Health Service Executive. [14538/06]

As Minister, I am responsible for the overall organisational, policy, financial accountability and legislative framework underpinning the delivery of health and personal social services. I am, with the support of the Department, responsible for holding the Health Service Executive to account in its financial and service performance, as well as its implementation of Government policy. As provided by the provisions of sections 29 and 39 of the Health Act 2004, I am responsible for approving the corporate and service plans of the executive, which set out the key objectives of the executive, the strategies for achieving these objectives, the type and volume of services to be delivered together with the executive's capital plans.

Under section 7 of the Health Act 2004, the Health Service Executive is responsible for managing and delivering or for arranging to be delivered health and personal social services in the most beneficial, effective and efficient manner to improve, promote and protect the health and welfare of the population in accordance with Government policies. The executive is accountable for the actual delivery of services and day-to-day operations and it is on that basis that my accountability and the executive's accountability is determined.

Regulations have been made, under the provisions of section 79 of the Act, to ensure that the executive deals expeditiously with concerns of the Members of the Oireachtas. The chief executive officer of the executive is the Accounting officer for the HSE in respect of the executive's Vote and, as such, is accountable to the Committee of Public Accounts. The chief executive officer of the HSE may be called before the Oireachtas Joint Committee on Health and Children to give an account of the general administration in accordance with the provisions of section 21 of the Act.

Regional health forums have been established, in accordance with regulations made under the provisions of section 42 of the Act of 2004, to enable local public representatives to make representations to the executive concerning the range and operation of services in their area.

In the case of parliamentary questions where the information requested is readily available in the Department, it is included in the answer given in the House. Where a question raised by a Deputy refers to the current availability of services or the provision of a particular service for a named person, it will usually be necessary to refer the question or part of the question to the HSE for a direct reply to the Deputy concerned.

Nursing Home Subventions.

Seán Ardagh

Ceist:

167 Mr. Ardagh asked the Tánaiste and Minister for Health and Children the steps she is taking to provide affordable residential care for older persons, particularly taking into account the aging of the population (details supplied). [14559/06]

The Tánaiste and I regard supporting older people to stay in their own homes and communities as a key policy priority, thereby moving away from the practice of placing people in residential care as a first option. Research has shown this is the expressed wish of the majority of our older people.

Additional funding has been allocated for services for older people and palliative care amounting to €150 million in the budget for 2006 —€110 million for 2006 and €40 million more for 2007. The investment package is a major step in focusing new resources on home care first and foremost, while still supporting appropriate residential care.

For those who do require residential care, the nursing home subvention scheme was introduced in 1993 on foot of the Health (Nursing Homes) Act 1990, and regulations made thereunder to give some financial assistance towards the cost of private nursing home care. It was never intended that the scheme would subsidise the full costs of private nursing home care.

The Nursing Home (Subvention) Regulations 1993 are administered by the Health Service Executive. There are currently three rates of subvention payable, €114.30, €152.40 and €190.50 for the three levels of dependency which are medium, high and maximum.

The HSE has discretion to pay more than the maximum rate of subvention relative to an individual's level of dependency in a case, for example, where personal funds are exhausted. The application of these provisions in an individual case is a matter for the HSE in the context of meeting increasing demands for subvention, subject to the provisions of the Health Act 2004. The average rate of subvention paid by the HSE generally exceeds the current approved basic rates. Additional funding of €20 million was provided for the administration of the nursing home subvention scheme in 2006, bringing the total available budget to €160 million.

The Tánaiste and the Minister for Social and Family Affairs, Deputy Séamus Brennan, established a working group to identify the policy options for a financially sustainable system of long-term care. The report of that working group on the future financing of long-term care has been presented to Government and is currently being considered by Cabinet.

Health Services.

Seán Ardagh

Ceist:

168 Mr. Ardagh asked the Tánaiste and Minister for Health and Children if she will examine the facilities available for angiogram patients in St. James’s day care; and if she will report thereon, particularly in the matter of a person (details supplied) in Dublin 10. [14560/06]

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

Tony Gregory

Ceist:

169 Mr. Gregory asked the Tánaiste and Minister for Health and Children if her Department will assist Women’s Aid to ensure that its family workshops and summer projects are maintained and that the post of co-ordinator for its arts programme is increased to a four day week post (details supplied); and if she will make a statement on the matter. [14562/06]

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.

Bernard Allen

Ceist:

170 Mr. Allen asked the Tánaiste and Minister for Health and Children when a decision will be made on the availability of funding for a person (details supplied) in County Cork for a residential placement or shared care placement. [14563/06]

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.

Cancer Control Strategy.

Denis Naughten

Ceist:

171 Mr. Naughten asked the Tánaiste and Minister for Health and Children the expected date for the publication of the strategy for cancer control in Ireland 2006; and if she will make a statement on the matter. [14577/06]

I received a strategy for cancer control in Ireland 2006 from the National Cancer Forum in January. The Department is examining the strategy with a view to bringing proposals to Government shortly. I will publish the strategy shortly thereafter.

Health Services.

Aengus Ó Snodaigh

Ceist:

172 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children the person who authorised the change in recorded next-of-kin of a person (details supplied) in County Dublin; the reason the change was authorised; and the implications of this change for decisions regarding the future care of the person. [14590/06]

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.

Aengus Ó Snodaigh

Ceist:

173 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the circumstances regarding a person (details supplied) in County Dublin; and if she will make a statement on the matter. [14591/06]

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.

Liz McManus

Ceist:

174 Ms McManus asked the Tánaiste and Minister for Health and Children if, in view of the fact that when a care assistant is out ill and cannot provide the service there is no system whereby a replacement can be provided, she will have a substitute network set up in order that this unacceptable situation will not continue; and if she will make a statement on the matter. [14592/06]

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

Michael Ring

Ceist:

175 Mr. Ring asked the Tánaiste and Minister for Health and Children the further help which is available to a person (details supplied) in County Mayo to enable them to get out of the house more, in view of their special needs and the fact that they need a full-time personal assistant; and if she will make a statement on the matter. [14593/06]

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.

Question No. 176 answered with QuestionNo. 118.

John McGuinness

Ceist:

177 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if applications for medical cards in the name of persons (details supplied) in County Kilkenny will be expedited and approved on medical grounds; and if she will make a statement on the matter. [14595/06]

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.

Mary Upton

Ceist:

178 Dr. Upton asked the Tánaiste and Minister for Health and Children the grants which are available through her Department that might be appropriate to a project (details supplied) in Dublin 12; and if she will make a statement on the matter. [14633/06]

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.

Care of the Elderly.

Jan O'Sullivan

Ceist:

179 Ms O’Sullivan asked the Tánaiste and Minister for Health and Children if she has appointed the proposed task force on osteoporosis; if so, the members of same; if not, when the task force will be set up; and if she will make a statement on the matter. [14634/06]

The Department has supported the National Council on Ageing and Older People and the Health Service Executive in the establishment of a steering committee to oversee the development of a strategy to prevent falls and fractures in the ageing population.

The membership of the group is: Dr. Marie Laffoy, chairman, Mr. Rodd Bond, Ms Melissa Canny, Dr. Brian Carey, Ms Geraldine Delorey, Ms Úna Dunne Shannon, Ms Anna de Suin, Dr. Frances Horgan, Prof. Rose Anne Kenny, Mr. Shay McGovern, Dr. Sheila MacEvilly, MsCecilia McQuade, Ms Aoife O'Brien, Ms Tracy Swanton, Ms Catherine Blake, Dr. Bernard Walsh, Ms Gráinne Flanagan-Rughoobur, Dr. Geraldine McMahon, Dr. Shelagh Wright, Mr. Bob Carroll and Ms Olga McDaid. This committee is chaired by the HSE, and it is understood that a subgroup has been established to examine the area of osteoporosis.

Health Services.

Ned O'Keeffe

Ceist:

180 Mr. N. O’Keeffe asked the Tánaiste and Minister for Health and Children if she will arrange for an outpatient clinic appointment to be scheduled for a person (details supplied) in County Cork; and if her attention has been drawn to the fact that they have been advised that they will have to wait three years before being scheduled for orthopaedic surgery. [14649/06]

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 have a reply issued directly to the Deputy.

James Breen

Ceist:

181 Mr. J. Breen asked the Tánaiste and Minister for Health and Children the emergency measures she has in place to deal with overcrowding at Ennis General Hospital; and if she will make a statement on the matter. [14658/06]

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

National Treatment Purchase Fund.

Joe Costello

Ceist:

182 Mr. Costello asked the Tánaiste and Minister for Health and Children the length of the waiting lists for surgical procedures in each of the six major hospitals in Dublin; the number of people who were dealt with through the National Treatment Purchase Fund in each of the six major hospitals in Dublin; and if she will make a statement on the matter. [14662/06]

Responsibility for the collection and reporting of data on waiting times for surgical procedures now rests with the National Treatment Purchase Fund. The Department has, therefore, asked the chief executive of the National Treatment Purchase Fund to reply directly to the Deputy on the information requested.

Food Labelling.

Mary Upton

Ceist:

183 Dr. Upton asked the Tánaiste and Minister for Health and Children the number of checks across the food industry for potential shortcomings in traceability and labelling standards the Food Standards Authority of Ireland has carried out between 1 March 2006 and 31 March 2006; the number of inspectors who are employed or contracted by the Food Safety Authority of Ireland to carry out such checks; the amount which was spent on the 2004 investigation of 90 food businesses; the amount which has been allocated to the Food Standards Authority of Ireland for such inspections in 2006; the lessons which have been learned by the Food Standards Authority of Ireland since the 2004 investigation of 90 food businesses; and the actions which have been taken arising from the shortcomings in labelling and traceability standards identified since then. [14664/06]

Staff in the official agencies contracted by the Food Safety Authority of Ireland carry out checks on traceability and labelling on a routine basis or as required; however, during the period in question no such checks were carried out. In 2006, the authority proposes to conduct a series of such checks on various sectors of the food industry in conjunction with its official agencies. The results of these audits will be published and where a deliberate intention to mislead the consumer is identified, enforcement action will be taken against the food businesses concerned.

The official agencies contracted by the FSAI for the purposes of labelling and traceability are the Department of Agriculture and Food, the Department of Communications, Marine and Natural Resources, the Health Service Executive and the local authorities. Approximately 880 whole-time equivalent staff are available to those agencies for food control purposes and the FSAI has allocated approximately €600,000 for control inspections in 2006.

The audit of the 90 food premises in question was conducted by the authority's chief audit manager and three audit managers. In addition to the salary costs of these personnel, travelling and subsistence costs for the purposes of the audit amounted to approximately €16,000. There were also some testing costs for which a separate figure is not available, as these costs are included in the general costs of testing.

Following this audit, the FSAI provided each of the official agencies with a copy of the report on those premises under their supervision which were inspected. The authority has confirmed that follow-up action was taken by way of additional visits and inspections and that the matters which required attention have now been rectified.

The audit identified a training need in the areas of recall and traceability and labelling. Consequently, the FSAI devised and delivered training sessions to over 500 field staff in its official agencies. The training was designed to allow enforcement officers to gain an understanding of the type of audit carried out, the issues which arose and to enable the enforcement officers to carry out similar labelling, traceability and recall audits on an ongoing basis.

It was also evident that there was a need to remind industries of their responsibilities regarding traceability and recall and as a result the FSAI participated in a number of industry seminars dealing specifically with these issues.

Health Services.

Ivor Callely

Ceist:

184 Mr. Callely asked the Tánaiste and Minister for Health and Children the level of funds that the Health Service Executive allocated to services in the greater Dublin area in 2005; the allocated funds for 2006; if there has been curtailment or reduction in real terms of moneys to the service providers; and if she will make a statement on the matter. [14666/06]

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.

Ivor Callely

Ceist:

185 Mr. Callely asked the Tánaiste and Minister for Health and Children the progress with regard to the development plan for the Orthopaedic Hospital of Ireland, Castle Avenue, Clontarf, Dublin 3; the additional services and beds from this investment; and if she will make a statement on the matter. [14667/06]

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.

Brian O'Shea

Ceist:

186 Mr. O’Shea asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the chronic level of staff shortages in the speech and language therapy services in Waterford; and if she will make a statement on the matter. [14670/06]

Brian O'Shea

Ceist:

187 Mr. O’Shea asked the Tánaiste and Minister for Health and Children if she has received a letter from a person (details supplied) in County Waterford regarding speech and language therapy services for their son; and if she will make a statement on the matter. [14671/06]

I propose to take Questions Nos. 186 and 187 together.

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.

Pádraic McCormack

Ceist:

188 Mr. McCormack asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that seven primary schools in County Galway are without dental care since October 2005 as dentists have vacated their posts and the subsequent vacant positions have not been filled; when it is likely that these positions will be filled; and if she will make a statement on the matter. [14680/06]

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.

Mary Upton

Ceist:

189 Dr. Upton asked the Tánaiste and Minister for Health and Children the number of people who have applied for the blind welfare allowance in each of the past five years; the number of those who were granted the blind welfare allowance; the number of those applicants who were refused the blind welfare allowance; the reason for refusal of the blind welfare allowance to each of these people; the number of people who were in receipt of the blind welfare allowance who have had the allowance withdrawn in each of the past five years due to the fact that they no longer satisfy the means test; and the number of those who do not satisfy the means test, and have no other income but a blind pension and disability benefit. [14681/06]

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 a reply on this issue sent directly to the Deputy.

Housing Aid for the Elderly.

Pat Breen

Ceist:

190 Mr. P. Breen asked the Tánaiste and Minister for Health and Children the status of an application under the housing aid for the elderly scheme for a person (details supplied) in County Clare; and if she will make a statement on the matter. [14682/06]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. This includes responsibility for the provision of the housing aid scheme for the elderly, on behalf of the Department of Environment, Heritage and Local Government. 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.

Pharmacy Regulations.

Dan Neville

Ceist:

191 Mr. Neville asked the Tánaiste and Minister for Health and Children her views on the location of pharmacies in a significant number of health centres which are located in purpose built developments distant from residential areas in contrast to the community pharmacies which are embedded in their localities and meet specific and patient centre needs. [14683/06]

On foot of the recommendations of the pharmacy review group, approval was given in Government decision S180/20/10/0831 of 21 June 2005 to the Department to commence drafting new pharmacy legislation in two pharmacy Bills.

The first Bill is to deal with fitness to practice provisions for pharmacists, the removal of the prohibition — the "derogation"— on non-Irish graduates being supervising pharmacists in pharmacies less than three years old, and a stronger statutory basis for the Pharmaceutical Society of Ireland, PSI.

The second Bill will address the regulation of pharmacy and pharmacy services, including the definition of pharmacy services and a community pharmacy, enhanced provisions for the inspection of pharmacies, the provision for regulation of pharmacies for matters such as physical conditions, standards, record keeping and promotional activities. It is also proposed to deal with general provisions relating to community pharmacy contracts for services, as well as the remaining recommendations of the pharmacy review group.

The Government accepted the review group recommendation that there should be no beneficial ownership or business interest of any kind between prescribing and dispensing and, in regard to multi-GP practices with adjacent pharmacies, that contracted pharmacies and general practices should occupy discrete premises, with separate entrances. I have agreed to consider the potential conflict of interest issues arising from the development of health centres with adjacent contracted pharmacies and this issue will be addressed in the second Bill in the light of that examination.

In the interim, the Department has advised the Health Service Executive to take due care in assessing pharmacy contract applications in order that any commercial relationship between a pharmacy contractor and a health centre will not affect the proper provision of services as required under clauses 21, 22(3), 22(4) and 23 of the pharmacy contract, dealing with ownership of pharmacies and beneficial interest. I have also written to the Medical Council on this issue.

The location of services is a land use planning issue and, therefore, a matter for the relevant planning authority. I am not in a position to dictate the location of privately funded and owned pharmacies or GP practices, nor to restrict the awarding of State pharmacy contracts based on location.

Health Services.

Michael Ring

Ceist:

192 Mr. Ring asked the Tánaiste and Minister for Health and Children the reason the Government is funding private companies to provide a home help service when it will not give this funding to the home help service which is already under-resourced in the Health Service Executive. [14691/06]

Michael Ring

Ceist:

193 Mr. Ring asked the Tánaiste and Minister for Health and Children her plans to privatise the home help service, contracts and hours provided; and if she will make a statement on the matter. [14692/06]

I propose to answer Questions Nos. 192 and 193 together.

Additional funding of €150 million was allocated to services for older people-palliative care in the 2006 budget. Of this, an extra €33 million was allocated to the home help service, €30 million of which is provided for 2006 and will deliver 1.75 million home help hours. A total of €55 million was also allocated to home care packages —€30 million for 2006 and a further €25 million for 2007, with an additional 2,000 packages to be delivered by the end of this year.

Home care, including the home help service, is delivered through the HSE in partnership with a range of providers, including the Health Service Executive itself, voluntary groups and the private sector. This has long since been a policy on home care and there are no plans to privatise the home help service or give priority to private companies over public or other home care providers. The most important factor in delivering home care and home help is not who provides the service, but that an appropriate level of service is delivered in as flexible a manner as possible which is highly responsive to the real needs of the individual. There is no reason private providers should not work in partnership with the HSE to this end, as they have been doing in the past and will continue to do.

Allocation of funding between providers is 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 issue a reply to the Deputy with relevant information in order to demonstrate that there are already examples of service providers from the voluntary and private sectors delivering home care.

Michael Ring

Ceist:

194 Mr. Ring asked the Tánaiste and Minister for Health and Children the reason no reply has issued from the Health Service Executive to a question (details supplied) placed several weeks ago; and when this position will be filled. [14693/06]

I have been advised by the Health Service Executive that a response to the Deputy's question was issued on 20 April.

Michael Ring

Ceist:

195 Mr. Ring asked the Tánaiste and Minister for Health and Children the number of people employed by the Health Service Executive as home help providers, on a county basis for each of the past five years; the estimated costs involved for each year; and the number of home help recipients. [14694/06]

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.

Michael Ring

Ceist:

196 Mr. Ring asked the Tánaiste and Minister for Health and Children the funding which has been provided by her Department or the Health Service Executive for private companies which provide home help or home care package services; if so, the companies involved and the amounts provided; and if she will make a statement on the matter. [14695/06]

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.

Hospital Services.

Pat Carey

Ceist:

197 Mr. Carey asked the Tánaiste and Minister for Health and Children the amount of the health budget which has been allocated to the running of hospitals for each year since 1995 to date in 2006; and the measures which are in place to ensure that these moneys are efficiently used. [14700/06]

The following table outlines expenditure under the general hospital programme for the years 1996 to 2003 inclusive, as published in the Revised Estimates Volumes 1997 to 2004, under the former health board structure. Figures for 2004-06, inclusive, have been sourced from the Revised Estimates Volumes 2005 and 2006 and show the totals for the National Hospitals Office, as recorded under the Health Service Executive's Vote.

Year

€m

1996

1,620.882

1997

1,861.886

1998

1,988.461

1999

2,317.676

2000

2,604.489

2001

3,219.361

2002

3,801.489

2003

4,180.673

2004

4,010.576

2005

4,439.673

2006

4,693.719

In accordance with the Health Act 2004, the Health Service Executive must submit a national service plan to me for approval each year. The service plan must include reference to the type and volume of services to be provided in the year. It is imperative that the service plan is compiled with due regard to services being delivered in line with the funding provided in the published Estimates volume. Approval of the service plan is subject to, among other matters, compliance with policies regarding service delivery with approved levels of funding. In conjunction with the compilation of the service plan is the requirement for the HSE, under the Health Act 2004, to produce an annual report. The 2005 annual report is expected shortly.

In terms of performance review of our acute hospital sector, some 37 hospitals participate in the Casemix system. It accounts for 1.7 million patients, excluding outpatients, and almost €3.5 billion of costs. It is widely agreed that the most developed system for assessing comparative efficiency, creating incentives within the acute hospital sector and encouraging good performance is Casemix.

Ireland was the second country in Europe to adopt Casemix which has been used here as part of the acute hospital annual budgeting process since 1993. The programme is expanded incrementally each year. Within the next 18 months, for the 2008 financial allocations, using 2006 cost and activity data, 50% of the budget related to direct patient care, in Casemix hospitals, will be peer group performance related.

Health Services.

Dan Neville

Ceist:

198 Mr. Neville asked the Tánaiste and Minister for Health and Children when funding will become available to the mid-western region for care packages to provide home care grants for elderly people; and the criteria which will be used in allocation of these grants. [14705/06]

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.

Psychiatric Services.

Dan Neville

Ceist:

199 Mr. Neville asked the Tánaiste and Minister for Health and Children the progress on the establishment of diagnostic attention deficit hyperactivity disorder centres located in different regions. [14706/06]

Dan Neville

Ceist:

200 Mr. Neville asked the Tánaiste and Minister for Health and Children if diagnostic centres will be provided for adults with attention deficit hyperactivity disorder as there is no adult service here and research has revealed that one third of children diagnosed with attention deficit hyperactivity disorder meet the criteria for adult diagnosis. [14707/06]

Dan Neville

Ceist:

201 Mr. Neville asked the Tánaiste and Minister for Health and Children if adult psychiatrists are available in each of the former health board regions who could take an interest in and develop expertise in the area of adult attention deficit hyperactivity disorder and undertake an outpatient clinic. [14708/06]

Dan Neville

Ceist:

202 Mr. Neville asked the Tánaiste and Minister for Health and Children if progress has been made in making available attention deficit hyperactivity disorder services for children and adults in each former health board area. [14709/06]

Dan Neville

Ceist:

203 Mr. Neville asked the Tánaiste and Minister for Health and Children if attention deficit hyperactivity disorder diagnostic services comprising of a multidisciplinary team of professionals, including psychiatrists, neurologists, paediatricians and educational psychologists, have been established. [14710/06]

Dan Neville

Ceist:

204 Mr. Neville asked the Tánaiste and Minister for Health and Children her plans for the provision of extensive treatment centres for children and adults with attention deficit hyperactivity disorder located in the different health board regions here. [14711/06]

I propose to answer Questions Nos. 199 to 204 inclusive, together.

The development of services for the management and treatment of attention deficit disorder-attention deficit hyperactivity disorder was considered by the working group on child and adolescent psychiatric services which reported in 2001. All aspects of the presentation, diagnosis, treatment and management of children suffering from ADD-ADHD were considered by the working group in the course of its deliberations. In its report, the group recommended the enhancement and expansion of the overall child and adolescent psychiatric services as the most effective means of providing the required service for children with ADD-ADHD.

This has been a priority for the Department in recent years. Since 1997, additional funding of in excess of €20 million has been provided to allow for the appointment of additional consultants in child and adolescent psychiatry, for the enhancement of existing consultant-led multidisciplinary teams and towards the establishment of further teams. This has resulted in the funding of a further 23 child and adolescent consultant psychiatrists. Nationally, there are now 56 such psychiatrists employed.

The future direction and delivery of all aspects of our mental health services, including services for children and adults with ADD-ADHD, was considered in the context of the work of the expert group on mental health policy. The Government published the group's report, A Vision for Change, on Tuesday, 24 January.

A Vision for Change contains wide-ranging recommendations for the further development of mental health services for both children and adults, including substantial increases in the numbers of consultant-led community mental health teams. These teams, when in place, will provide specialist care for all those with mental illness, including persons with ADD-ADHD. The Government has accepted the expert group's report as the basis for the future development of the mental health services.

Medicinal Products.

Dan Neville

Ceist:

205 Mr. Neville asked the Tánaiste and Minister for Health and Children if the drug Ritalin is available on prescription to adults with attention deficit hyperactivity disorder. [14712/06]

The common list of reimbursable drugs and medicines for the general medical services and drug payment schemes is reviewed and amended monthly, as new products become available and deletions are notified. For an item to be included in the list, it must comply with published criteria, including authorisation status as appropriate, price and, in certain cases, the intended use of the product. In addition, the product should ordinarily be supplied to the public only by medical prescription and should not be advertised or promoted to the public. Ritalin is included in the common list of reimbursable drugs and medicines.

Medical Cards.

Olivia Mitchell

Ceist:

206 Ms O. Mitchell asked the Tánaiste and Minister for Health and Children if she will ensure that the Health Service Executive ceases the practice of requiring annual renewal of medical cards for people with an intellectual disability. [14743/06]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the assessment of initial applications for medical cards and the review-renewal of existing cards.

Reviews of eligibility of medical card holders are necessary to ensure that the HSE's medical card database is accurate and public accountability issues are addressed. The periodic review of eligibility and the frequency of such reviews are matters for the HSE to consider and determine. The HSE takes into account the particular circumstances of each case when setting renewal dates.

Among the aims of the HSE's schemes modernisation project is to standardise business processes and their implementation across the HSE in respect of the general medical services and related schemes to ensure a system which is fair, patient-centred and transparent and at the same time provides proper governance. In this regard, the HSE has prepared and is now implementing operational guidelines which cover a number of areas relevant to the medical card assessment process, including setting renewal dates. This includes the appropriate approach to review dates for people with chronic illnesses and conditions.

The Department has asked the HSE to keep its procedures in this area under review to ensure they achieve the appropriate balance between recognising the circumstances of medical card holders and meeting public accountability and governance requirements.

Medicinal Products.

Gay Mitchell

Ceist:

207 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children the reason a vitamin B12 injection was withdrawn from the supply to persons suffering from Crohn’s disease and vitamin B12 deficiency; if a viable alternative is available; and if she will make a statement on the matter. [14760/06]

The vitamin B12 products concerned — Cytamen/Neo-cytamen — were removed from the common list of reimbursable drugs and medicines when the manufacturer advised the Department that, because of problems in the manufacturing process, they had become temporarily unavailable both in Ireland and the UK. The manufacturer has informed the Department that the problems with both products have now been resolved and they have now been restored to the common list.

Departmental Expenditure.

John McGuinness

Ceist:

208 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the costs incurred to date in the case taken against her Department and the Health Service Executive by the parents of a person (details supplied) in County Kilkenny. [14773/06]

As the question relates to ongoing legal proceedings taken against the Department, it would not be appropriate to make any comment on the specifics of the case at this time.

Grant Payments.

Liam Twomey

Ceist:

209 Dr. Twomey asked the Tánaiste and Minister for Health and Children the funding provided for organisations (details supplied) in 2004 and 2005; and if she will make a statement on the matter. [14777/06]

The amounts paid by my Department in 2004 and 2005 from the National Lottery funded grant scheme to the organisations referred to are set out in the following tables:

Organisation

Amount paid in 2004

Project funded

Asthma Society of Ireland.

9,306

Towards the cost of a nationwide survey of second level schools to gauge the incidence and awareness of asthma.

AWARE.

30,000

Towards the cost of developing the helpline service to include an e-mail response facility for those in need of help and support.

Irish Kidney Association.

175,000

Towards the cost of a donor public awareness campaign, including printing and distributing organ donor cards with a fact file.

Mental Health Ireland.

80,000

Towards the cost of information resources, research, education and policy development.

Organisation

Amount paid in 2005

Project funded

Brainwave — The Irish Epilepsy Association.

2,500

Towards the cost of distributing the teachers information pack to all primary schools.

Down Syndrome Ireland.

15,000

Towards the cost of providing information on Down Syndrome to new parents, students, medical professionals, teaching professionals and the public.

Down Syndrome Ireland.

15,300

Towards the cost of conducting a survey on services currently provided to young adults with Down Syndrome.

Irish Kidney Association.

500,000

Towards the cost of a donor public awareness campaign, including printing and distributing organ donor cards with a fact file.

Irish Kidney Association.

50,000

Towards the cost of training, accommodation and travel for 40 organ transplant patients to Ontario, Canada for nine days to represent Ireland at the World Transplant Games 2005.

Mental Health Ireland.

57,000

Towards the cost of developing mental health education resources for use with primary school children.

Schizophrenia Ireland.

20,000

Towards the cost of hosting a relatives’ weekend in April 2005.

The following tables show the funding provided in 2004 and 2005 by the health promotion unit in my Department to the organisations to which the Deputy's question refers.

Organisation

Amount paid in 2004

Project funded

Arthritis Foundation of Ireland.

15,000

For the juvenile arthritis programme.

AWARE.

20,000

For the depression awareness campaign 2004.

Cystic Fibrosis Association of Ireland.

3,500

For a booklet on paediatric nutrition for children with cystic fibrosis.

Enable Ireland.

8,759

For packing leaflets.

Irish Heart Foundation.

335,330

Operation costs for 2004 and research funding.

Mental Health Ireland.

30,000

For mental health promotion projects and printing information leaflets.

Organisation

Amount paid in 2005

Project funded

AWARE.

30,000

For the depression awareness campaign.

Enable Ireland.

6,575

For packing leaflets.

Irish Heart Foundation.

483,315

Operational costs for 2005, funding for the national stroke unit and the sudden cardiac death taskforce report.

Mental Health Ireland.

30,000

For mental health promotion projects in 2005 and printing information leaflets.

Schizophrenia Ireland.

12,000

For 14th biennial conference.

In addition, a capital grant for information and communications technology, amounting to €127,477, was paid by my Department in 2004 to the Irish Heart Foundation.

I have requested the parliamentary affairs division of the Health Service Executive to reply directly to the Deputy in respect of each of the organisations listed regarding the amounts paid by the former health boards in 2004 and by the HSE in 2005.

Health Service Staff.

Finian McGrath

Ceist:

210 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children the position regarding home help services as the age profile of staff is getting older; and her views on what will happen in the future. [14805/06]

Employment information collected by my Department relates to grade and employment authority rather than personal information, such as age profile.

As the information requested by the Deputy relates to management of human resources, which is a matter for the Health Service Executive under the Health Act 2004, the executive's parliamentary affairs division has been asked to reply directly to the Deputy.

Finian McGrath

Ceist:

211 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if the case of a person (details supplied) will be resolved as soon as possible. [14806/06]

This matter relates to human resource management issues within the Health Service Executive and is, therefore, a matter for the executive under the Health Act, 2004. My Department has requested the parliamentary affairs division of the executive to have this matter investigated further and to issue a reply directly to the Deputy.

Housing Aid for the Elderly.

Pat Breen

Ceist:

212 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when an application for housing aid for the elderly will be processed for a person (details supplied) in County Clare; and if she will make a statement on the matter. [14820/06]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. This includes responsibility for the provision of the housing aid scheme for the elderly, on behalf of the Department of the Environment, Heritage and Local Government. Accordingly, the Department has requested the parliamentary affairs division of the executive to have this matter investigated and to issue a reply directly to the Deputy.

Pat Breen

Ceist:

213 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when works will be inspected for a person (details supplied) in County Clare under the housing aid for the elderly scheme; and if she will make a statement on the matter. [14821/06]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. This includes responsibility for the provision of the housing aid scheme for the elderly, on behalf of the Department of the Environment, Heritage and Local Government. Accordingly, the Department has requested the parliamentary affairs division of the executive to have this matter investigated and to issue a reply directly to the Deputy.

Pat Breen

Ceist:

214 Mr. P. Breen asked the Tánaiste and Minister for Health and Children the status of an application under the housing aid for the elderly for a person (details supplied) in County Clare; and if she will make a statement on the matter. [14827/06]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. This includes responsibility for the provision of the housing aid scheme for the elderly, on behalf of the Department of the Environment, Heritage and Local Government. Accordingly, the Department has requested the parliamentary affairs division of the executive to have this matter investigated and to issue a reply directly to the Deputy.

Medicinal Products.

Tony Gregory

Ceist:

215 Mr. Gregory asked the Tánaiste and Minister for Health and Children if there is a stockpile of an anti-viral medicine (details supplied) available here. [14833/06]

We are stockpiling 1 million treatment packs of the anti-viral drug, Tamiflu. A total of 600,000 packs have already been delivered. The remaining 400,000 packs will be delivered later this year. Arrangements have also been made to purchase a supply of the active pharmaceutical ingredient, oseltamivir phosphate powder, to treat children aged between one and five years.

Cancer Screening Programme.

Brian O'Shea

Ceist:

216 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her proposals to introduce a universal cervical cancer screening programme in the Health Service Executive southern area; and if she will make a statement on the matter. [14882/06]

I am fully committed to the national roll out of a cervical screening programme in line with international best practice. My Department has requested the Health Service Executive to prepare a detailed implementation plan for a national programme. The plan is to have cervical screening managed as a national call and recall programme via effective governance structures that provide overall leadership and direction, in terms of quality assurance, accountability and value for money. All elements of the programme, call and recall, smear taking, laboratories and treatment services must be quality assured, organised and managed to deliver a single integrated service.

Significant preparatory work is well under way, involving the introduction of new and improved cervical tests, improved quality assurance training and the preparation of a national population register. I made an additional €9 million available to the executive for cancer services development in 2006, including the continuation of preparations for the roll out.

I consider that the programme would be best rolled out in the primary care setting, subject to affordable and acceptable arrangements being agreed. A review of the contractual arrangements for the provision by general practitioners of publicly-funded primary care services is being conducted at present, under the auspices of the labour relations commission. I have requested that the general practitioner elements of a national cervical screening programme be tabled at these discussions. Any remuneration arrangements agreed must be capable of delivering a high uptake among women. Payments must be primarily based on reaching acceptable targets.

We must also have tailored initiatives in place to encourage take up among disadvantaged and difficult to reach groups. I wish to see the programme rolled out as quickly as possible but only when the essential infrastructure, organisation and services are in place, are quality assured and meet international standards.

Question No. 217 was answered with QuestionNo. 150.

Health Services.

Liz McManus

Ceist:

218 Ms McManus asked the Tánaiste and Minister for Health and Children if a person (details supplied) of the Health Service Executive received a letter dated 16 March 2006 from a person regarding home services for the elderly and disabled; the reason for the lack of response; and if she will make a statement on the matter. [14884/06]

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 have this matter investigated and to issue a reply directly to the Deputy.

Services for People with Disabilities.

Jan O'Sullivan

Ceist:

219 Ms O’Sullivan asked the Tánaiste and Minister for Health and Children the way in which she intends to allocate the €22.5 million in funding announced for intellectual, physical-sensory disability and autism; if decisions on spending have been made; her views on the needs of an organisation (details supplied) under the subheadings of additional multi-disciplinary support, core funding and staff shortages; and if she will make a statement on the matter. [14888/06]

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 have this matter investigated and to issue a reply directly to the Deputy.

Question No. 220 was answered with QuestionNo. 118.

Health Services.

Dan Neville

Ceist:

221 Mr. Neville asked the Tánaiste and Minister for Health and Children when orthodontic treatment will be provided for a person (details supplied) in County Limerick. [14896/06]

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

Care of the Elderly.

Finian McGrath

Ceist:

222 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if she will support an organisation (details supplied) in Dublin 3 with concerns regarding nursing home availability for older citizens; if the maximum support will be given on this matter. [14900/06]

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 have this matter investigated and to issue a reply directly to the Deputy.

Finian McGrath

Ceist:

223 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if she will support a group (details supplied) in Dublin 3 with concerns regarding the continuous erosion of the rights of older persons as set out in the Health Act 1970; if this group will be given the maximum support. [14901/06]

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 have this matter investigated and to issue a reply directly to the Deputy.

Health Services.

Michael Ring

Ceist:

224 Mr. Ring asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Mayo will be called for a procedure. [14902/06]

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

Hospital Services.

Michael Ring

Ceist:

225 Mr. Ring asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Mayo will be transferred from an acute bed in the Galway Regional Hospital to a long-stay bed in the Sacred Heart Hospital in Castlebar. [14903/06]

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

Services for People with Disabilities.

Tony Gregory

Ceist:

226 Mr. Gregory asked the Tánaiste and Minister for Health and Children the facilities for which funding have been sought for a centre (details supplied) in 2006 to care for persons with an intellectual disability; and if she will make a statement on the matter. [14928/06]

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 have this matter investigated and to issue a reply directly to the Deputy .

Hospital Services.

Joan Burton

Ceist:

227 Ms Burton asked the Tánaiste and Minister for Health and Children the number cases to date of caesarean sections performed in maternity hospitals here which are elective; the number which are emergency; and if she will make a statement on the matter. [14931/06]

The hospital inpatient inquiry system records details on discharges from publicly-funded acute hospitals. A new coding system was introduced in January 2005 which allows separate classification of elective and emergency caesarean sections. This was not possible prior to 2005. Hospital inpatient inquiry data for 2005 are not yet complete, with approximately 79% of figures received to date. It should also be noted that the hospital inpatient inquiry system does not receive data on all births nationally and, in particular, does not cover private maternity hospitals.

The data available indicates the following:

Type

Number

Percentage

Elective

5,897

44.8%

Emergency

7,258

55.2%

Total

13,155

In March 2006, I announced the establishment of a new national perinatal epidemiology centre in Cork University Hospital that will be operational in the autumn of this year, with annual funding of €630,000. Every time a mother gives birth in this country, the important interventions, the good outcomes and the complications will be recorded and analysed at the centre.

Ambulance Service.

Denis Naughten

Ceist:

228 Mr. Naughten asked the Tánaiste and Minister for Health and Children the steps she will take to upgrade the ambulance service in the west of Ireland; and if she will make a statement on the matter. [14941/06]

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

Hospital Services.

Denis Naughten

Ceist:

229 Mr. Naughten asked the Tánaiste and Minister for Health and Children the steps she will take to upgrade services and facilities available in the County Hospital Roscommon; and if she will make a statement on the matter. [14942/06]

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

Health Services.

Michael Ring

Ceist:

230 Mr. Ring asked the Tánaiste and Minister for Health and Children the reason a service (details supplied) was discontinued in County Mayo; when the service was last provided and the plans the Health Service Executive has to reintroduce it. [14948/06]

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

Niall Blaney

Ceist:

231 Mr. Blaney asked the Tánaiste and Minister for Health and Children the reason a public service, which has the structure and ability to provide a comprehensive home help service, is left under resourced while private companies are subsidised with grants from her Department; and if she will make a statement on the matter. [14949/06]

Additional funding of €150 million was allocated to services for older people and palliative care in the 2006 budget. Of this, an extra €33 million was allocated to the home help service, €30 million of which is provided for 2006 and will deliver 1.75 million home help hours. A sum of €55 million was also allocated to home care packages, €30 million for 2006 and a further €25 million for 2007, with an additional 2,000 packages to be delivered by the end of this year.

Home care, including the home help service, is delivered through the Health Service Executive, in partnership with a range of providers including the executive, voluntary groups and the private sector. This has long been a policy with regard to home care and there are no plans to privatise the home help service or give priority to private companies over public or other home care providers. The most important factor in delivering home care and home help is not who provides the service, but that an appropriate level of service is delivered in a flexible manner which is highly responsive to the needs of the individual. There is no reason private providers should not continue to work in partnership with the HSE to this end, as they have done in the past.

Hospitals Building Programme.

Jim O'Keeffe

Ceist:

232 Mr. J. O’Keeffe asked the Tánaiste and Minister for Health and Children the action which was taken by her following the receipt of the brief for the extension to Bandon Community Hospital in September 2004 as outlined in Question No. 414 of 25 January 2006; the basis on which new capital proposals are prioritised; and when this long promised extension will get underway. [14970/06]

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

Question No. 233 was answered with QuestionNo. 118.

Sale of Tobacco Products.

Liz McManus

Ceist:

234 Ms McManus asked the Tánaiste and Minister for Health and Children the number of compliance tests carried out on retail premises by the Office of Tobacco Control, the number of offences detected, the number of prosecutions initiated against retail premises for the sale of tobacco to minors in respect of each county for the latest year for which figures are available; and if she will make a statement on the matter. [14992/06]

The Deputy's question relates to the enforcement of tobacco control legislation. The enforcement of the prohibition on the sale of tobacco products to persons under 18 years of age is the responsibility of the environmental health service of the Health Service Executive. Accordingly, my Department has requested the parliamentary affairs division of the executive to have this matter investigated and to issue a reply directly to the Deputy.

Mental Health Services.

Ruairí Quinn

Ceist:

235 Mr. Quinn asked the Tánaiste and Minister for Health and Children the support services and programmes that are available to a person (details supplied); the amount of funding given in the years 2002, 2003, 2004 and 2005 to people suffering from bulimia; if the diseases of bulimia and anorexia are dealt with under the same budget; the number of people suffering from bulimia and anorexia here; the number of hospital beds available specifically for people with these diseases; and if she will make a statement on the matter. [14993/06]

Ruairí Quinn

Ceist:

236 Mr. Quinn asked the Tánaiste and Minister for Health and Children her views on the fact that a person suffering from bulimia for 11 years was refused funding assistance for an eating disorders course in St. Patrick’s Hospital because there is a free course available in St. Vincent’s Hospital; she was subsequently told by St. Vincent’s there are too many anorexics demanding priority funding and therefore there is no possibility that a person suffering from bulimia can be helped; as her body and mind deteriorates, the health board will continue to pay her a pension instead of using the money to help her; and if she will make a statement on the matter. [14994/06]

I propose to take Questions Nos. 235 and 236 together.

The future direction and delivery of all aspects of our mental health services, including services for persons with eating disorders, were considered in the context of the work of the expert group on mental health policy. The group's report, entitled A Vision for Change, was published on 24 January 2006.

In its report, the expert group noted that epidemiological data from other jurisdictions suggest an annual incidence of ten cases of anorexia nervosa per 100,000 females and of 0.5 for males. The ratio of anorexia nervosa to bulimia nervosa is usually given as four to one. Both anorexia nervosa and bulimia nervosa come within the remit of the mental health services. In this regard, an additional €25 million was made available this year to the HSE for the future development of our mental health services.

A Vision for Change acknowledges gaps in the current provision of mental health services for persons with eating disorders. At present, there are three designated specialist beds for the treatment of eating disorders in the public mental health service and two eight bed units in the private sector. The two private services, while mainly catering for private patients, also take public patients paid for by the HSE.

Recommendations made by the expert group regarding services for persons with eating disorders include support for health promotion initiatives that encourage greater community and family awareness of eating disorders, the further development of primary and community care services and the provision of a full multidisciplinary team in a national centre for eating disorders. The Government has accepted the expert group's report as the basis for the future development of the mental health services.

The Health Service Executive, which has primary responsibility for implementing the recommendations of A Vision for Change is in the process of establishing an implementation group to ensure that the recommendations are realised in a timely and co-ordinated manner. I have recently appointed an independent monitoring group, as recommended in the report, to oversee the implementation of A Vision for Change. This group will hold its inaugural meeting shortly.

Elements of the Deputy's questions which relate to a specific case concern the management and delivery of 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 have this matter investigated and to issue a reply directly to the Deputy.

Health Services.

Bernard J. Durkan

Ceist:

237 Mr. Durkan asked the Tánaiste and Minister for Health and Children when home help will be restored in the case of a person (details supplied) in County Kildare who is in need of such help; and if she will make a statement on the matter. [15004/06]

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 have this matter investigated and to issue a reply directly to the Deputy.

Child Care Services.

Bernard J. Durkan

Ceist:

238 Mr. Durkan asked the Tánaiste and Minister for Health and Children the progress in respect of persons (details supplied) in County Kildare; if the relevant section of her Department has taken action arising from previous parliamentary questions; if a report has been prepared indicating likely or proposed action; if each or any of the relevant sections of the three Departments with a likely responsibility have liaised with each other or indicated their intentions or if matters are being allowed to drift with obvious consequences; and if she will make a statement on the matter. [15019/06]

Under the Health Act 2004, responsibility for the provision of health and personal social services rests with the Health Service Executive. Accordingly, the Deputy's questions were referred by the Department to the Health Service Executive, which was asked to have the matters investigated and to reply to the Deputy directly. The Department has made further inquiries concerning these matters and it has now been advised that a reply from the executive has been issued to the Deputy.

Medical Cards.

Paul McGrath

Ceist:

239 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the criteria which exists for medical card qualification in the case of people who are diagnosed with breast cancer and who are currently receiving treatment; and if she will make a statement on the matter. [15020/06]

Responsibility for the determination of eligibility of applicants for medical cards and general practitioner visit cards is, statutorily, a matter for the Health Service Executive. Under section 45 of the Health Act 1970, medical cards are provided for persons who, in the opinion of the executive, are unable, without undue hardship, to arrange general practitioner medical and surgical services for themselves and their dependants. Section 58 of the Health Act 1970, as amended, provides for general practitioner visit cards for adult persons with limited eligibility for whom in the opinion of the HSE, and notwithstanding that they do not qualify for a medical card, it would be unduly burdensome to arrange general practitioner medical and surgical services for themselves and their dependants.

National guidelines in respect of the assessment of medical card applications are in use by the HSE. These ensure that not only the income aspects of a person's circumstances but also any medical condition which may involve significant costs for the individual or family concerned, are taken into account in determining eligibility.

In 2005 I made significant improvements to the way in which people's eligibility for medical cards and general practitioner visit cards is assessed. The income guidelines used in assessing applications are now 29% higher than they were at the end of 2004. The assessment is now based on an applicant's and spouse's income after tax and PRSI and takes account of reasonable expenses incurred in respect of rent or mortgage payments, child care and travel to work. This is much fairer to applicants. The income assessment guidelines based for general practitioner visit cards are 25% higher than those used for medical cards. The HSE has publicised these changes through a number of measures, including a national advertising campaign and has made the application process as simple as possible.

Hospital Services.

John McGuinness

Ceist:

240 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the reason for the delay in arranging a knee operation for a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [15043/06]

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 issue a reply directly to the Deputy.

Health Services.

Pat Breen

Ceist:

241 Mr. P. Breen asked the Tánaiste and Minister for Health and Children if a person (details supplied) in County Clare will be facilitated with home help; and if she will make a statement on the matter. [15045/06]

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 have this matter investigated and to issue a reply directly to the Deputy.

Paul Kehoe

Ceist:

242 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the position of an application for a person (details supplied) in County Wexford; when the application will be granted; if the Health Service Executive is aware of the urgency of this case; and if she will make a statement on the matter. [15053/06]

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 have this matter investigated and to issue a reply directly to the Deputy.

Jerry Cowley

Ceist:

243 Dr. Cowley asked the Tánaiste and Minister for Health and Children what is replacing the smart programme for HIV and AIDS sufferers; and if she will make a statement on the matter. [15064/06]

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 have this matter investigated and to issue a reply directly to the Deputy.

Jerry Cowley

Ceist:

244 Dr. Cowley asked the Tánaiste and Minister for Health and Children her views on whether there is a need to educate those medical personnel dealing with HIV positive patients; her further views on whether there is a need to start anti-retroviral medications at an early stage of the disease as there is a perception by some sufferers that there is a reluctance to supply and administer when a need for same has been clinically indicated; and if she will make a statement on the matter. [15065/06]

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 have this matter investigated and to issue a reply directly to the Deputy.

Grant Payments.

John McGuinness

Ceist:

245 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the funds her Department will provide to top up a grant under the disabled persons grant scheme for works to accommodate the provision of home care for a patient with chronic MRSA; if her Department will provide a once-off grant to meet the full costs of the project in view of the savings accruing to the State because the seriously ill patient is being cared for at home; and if she will make a statement on the matter. [15066/06]

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 issue a reply directly to the Deputy.

Health Services.

Willie Penrose

Ceist:

246 Mr. Penrose asked the Tánaiste and Minister for Health and Children if she will have an appointment for a person (details supplied) in County Westmeath expedited; and if she will make a statement on the matter. [15076/06]

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

Health Service Staff.

Jerry Cowley

Ceist:

247 Dr. Cowley asked the Tánaiste and Minister for Health and Children if she will confirm that it is intended to replace the community welfare officer with the Department of Social and Family Affairs officer; her views on whether this is a retrograde move; and if she will make a statement on the matter. [15120/06]

The community welfare service of the Health Service Executive administers the supplementary welfare scheme on behalf of the Department of Social and Family Affairs. The Deputy's question relates to a recent decision to transfer this scheme, together with associated resources, to the Department of Social and Family Affairs. This decision means that the staff concerned will transfer from the Health Service Executive to the Department of Social and Family Affairs. It is not intended to replace the community welfare officer with officers of the Department of Social and Family Affairs but rather that community welfare officers will become part and parcel of the Department of Social and Family Affairs.

The background to this decision is that the commission on financial management and control systems in the health service noted in the Brennan report that the health system had been assigned responsibility for a number of non-core health activities. It recommended that the Government consider assigning non-core activities currently undertaken by agencies within the health service to other bodies.

The Government subsequently decided to ask an interdepartmental group to examine this issue. The report of the interdepartmental group, entitled The Core Functions of the Health Service, was submitted to, and accepted by, the Government recently. The report recommends that income support and maintenance schemes administered by the HSE, together with associated resources, should be transferred to the Department of Social and Family Affairs.

This particular initiative has been mooted several times in the past, by the Report of the Commission on Social Welfare in 1986 and by the Review of Supplementary Welfare Allowances by the Combat Poverty Agency in 1991. I welcome the Government's decision as it provides an opportunity to streamline the activities of the HSE, while bringing about positive change for social welfare customers.

An interdepartmental working group is being established to progress implementation of the transfer. Administrative and industrial relations issues must be resolved as part of the implementation of the Government's decision and the HSE has already been in touch with the health service unions in this regard.

I am confident, as is my colleague, the Minister for Social and Family Affairs, that this transfer process can be carried out without any negative effect on the standard of service currently provided by community welfare officers or in the important role that they play in addressing issues of disadvantage in the community.

Violence Against Women.

Eamon Gilmore

Ceist:

248 Mr. Gilmore asked the Tánaiste and Minister for Health and Children the steps she intends to take to ensure that statutory and voluntary services are trained and resourced to respond to the needs of asylum-seeking, migrant and refugee women who have experienced violence. [15123/06]

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 have this matter investigated and to issue a reply directly to the Deputy.

Cancer Incidence.

Joe Costello

Ceist:

249 Mr. Costello asked the Tánaiste and Minister for Health and Children the incidence of cancer diagnosed among residents of Dublin city, by population, in each district electoral division; and if she will make a statement on the matter. [15230/06]

Statistics on cancer incidences are collated by the National Cancer Registry. My Department has asked the director of the registry to examine this matter and to reply directly to the Deputy.

Health Services.

Michael Ring

Ceist:

250 Mr. Ring asked the Tánaiste and Minister for Health and Children the length of time people from County Mayo must currently wait to see the pain specialist in Galway. [15231/06]

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

Nursing Home Care.

Dan Neville

Ceist:

251 Mr. Neville asked the Tánaiste and Minister for Health and Children the criteria applied for placement decisions for long-term nursing home care at St. Ita’s and St. Camillus Hospital, Limerick. [15232/06]

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 have this matter investigated and to issue a reply directly to the Deputy.

Health Services.

John McGuinness

Ceist:

252 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if home help will be provided in the case of persons (details supplied) in County Kilkenny in view of their age and medical circumstances. [15234/06]

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 have this matter investigated and to issue a reply directly to the Deputy.

John McGuinness

Ceist:

253 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the reason for the delay in making an appointment for a person (details supplied) in County Kilkenny; if the matter will be expedited in view of the urgency of the case. [15235/06]

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 issue a reply directly to the Deputy.

Medical Cards.

John McGuinness

Ceist:

254 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if a medical card will be issued to a person (details supplied) in County Kilkenny; and if a response will be expedited. [15236/06]

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

Hospital Services.

John McGuinness

Ceist:

255 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the reason for the delay in providing a bed at St. Luke's Hospital, Dublin for a person (details supplied) in County Kilkenny; if a response will be expedited. [15237/06]

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 issue a reply directly to the Deputy.

Nursing Home Subventions.

John McGuinness

Ceist:

256 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the reason the level of subvention being awarded in the case of a person (details supplied) in County Kilkenny has been reduced from €240.96 to €197 for the care of a person; if the case will be re-examined; if the subvention will be increased; if enhanced subvention will be granted; and if she will make a statement on the matter. [15238/06]

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 have this matter investigated and to issue a reply directly to the Deputy.

Hospital Services.

James Breen

Ceist:

257 Mr. J. Breen asked the Tánaiste and Minister for Health and Children the exact terms of reference of the independent consultative committee to review acute hospitals in the mid-west region; if this committee’s remit will not merely be a duplication of the report of the national task force on medical staffing; and if she will make a statement on the matter. [15239/06]

The review of acute hospital services in the mid-west region is the responsibility of the Health Service Executive. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to reply directly to the Deputy on the issues raised.

Hospital Charges.

Jim O'Keeffe

Ceist:

258 Mr. J. O’Keeffe asked the Tánaiste and Minister for Health and Children the services covered by the €120 per week charged for Class 1 patients in receipt of nursing care in the Health Service Executive, community and other hospitals; and if such charges cover laundry and other requirements. [15240/06]

The charging for long-stay care under the Health (Amendment) Act 2005 is implemented by way of the Health (Charges for In-Patient Services) Regulations 2005. These regulations were signed on 14 June 2005. They reinstated charges for inpatient services and provided for the levying of a charge in respect of the maintenance of persons in receipt of inpatient services. The regulations were prepared following extensive consultation with the HSE and others.

Section 53 of the Health Act 1970, as amended by the Health (Amendment) Act 2005 provides, inter alia, for levying a charge where inpatient services are provided for a period of not less than 30 days or for periods aggregating not less than 30 days within the previous 12 months. In this regard, charging patients in long-term care commenced on 14 July 2005, which was after the expiration of 30 days after the regulations were signed. The regulations, in keeping with section 53 of the Health Act 1970, as amended, have provided for two different classes of persons on whom charges can be levied.

Class 1 refers to people in receipt of inpatient services on premises where nursing care is provided on a 24-hour basis. A weekly charge of either €120 or the weekly income of that person less €35, whichever is the lesser, can be levied. Class 2 refers to people in receipt of inpatient services on premises where nursing care is not provided on a 24-hour basis. A weekly charge of €90 or the weekly income of that person less €55 or 60% of the weekly income of that person, whichever is the lesser, can be levied. These regulations provide for the maximum charge to be levied on either class of person. The HSE has the power to reduce or waive a charge on the grounds of "undue hardship".

The management and delivery of health and personal social services are the responsibility of the HSE under the Health Act 2004. It is a matter for the HSE, based on its own legal advice and taking into account the individual circumstances as well as the service being provided, to make a decision on any charges levied. The Deputy's question involves the management and delivery of health and personal social services which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have a reply issued directly to the Deputy.

Hospital Services.

Billy Timmins

Ceist:

259 Mr. Timmins asked the Tánaiste and Minister for Health and Children the position regarding a person (details supplied) in County Wicklow waiting to be admitted to Tallaght Hospital under the care of a doctor, as this has been cancelled in the past; if the appointment will be made; and if she will make a statement on the matter. [15269/06]

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

Housing Aid for the Elderly.

Dan Neville

Ceist:

260 Mr. Neville asked the Tánaiste and Minister for Health and Children when work under the special housing aid for the elderly scheme will be carried out for a person (details supplied) in County Limerick. [15271/06]

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.

Services for People with Disabilities.

David Stanton

Ceist:

261 Mr. Stanton asked the Tánaiste and Minister for Health and Children the number of buses across the country transporting adults with intellectual and learning disabilities to sheltered employment and other such centres; her views on whether there is a need to provide escorts on these buses to provide supervision in some or all cases; if she has carried out research or investigations into such a proposal; the cost of implementing such a proposal nationally; her plans to provide funding; and if she will make a statement on the matter. [15272/06]

The Deputy's question relates to the management and delivery of health and personal social services for people with disabilities, 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 Capital Programme.

Fergus O'Dowd

Ceist:

262 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if she will make a statement on the proposal to upgrade the helicopter landing pad at Our Lady of Lourdes Hospital, Drogheda. [15273/06]

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

Health Services.

Paudge Connolly

Ceist:

263 Mr. Connolly asked the Tánaiste and Minister for Health and Children if she will examine the possibility of making defibrillators available to every fire station; and if she will make a statement on the matter. [15305/06]

The question of making defibrillators available to fire stations would be a matter for the Health Service Executive in consultation with the fire services. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Medical Cards.

Paudge Connolly

Ceist:

264 Mr. Connolly asked the Tánaiste and Minister for Health and Children the number of medical card refusals that have been appealed nationally in each year since 2000; the number of appeals that have been successful in each year since 2000; and if she will make a statement on the matter. [15306/06]

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 Accommodation.

Denis Naughten

Ceist:

265 Mr. Naughten asked the Tánaiste and Minister for Health and Children the acute hospital bed designation; the number of public, private and semi-private, non-designated and total number of beds in each hospital here; the corresponding figure for 2002; the steps which she is taking to increase the number of acute beds in each hospital; and if she will make a statement on the matter. [15339/06]

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

Health Service Staff.

Denis Naughten

Ceist:

266 Mr. Naughten asked the Tánaiste and Minister for Health and Children further to Question No. 82 of 23 March 2006, the status of the tendering process; the discussions held with the Department of Education and Science on the topic; the response received from the Health Service Executive; and if she will make a statement on the matter. [15343/06]

I understand the Deputy is referring to the establishment of a new school of podiatry. In my reply to the question to which the Deputy referred, I indicated that officials from this Department had met with the Department of Education and Science on two occasions and that my Department was awaiting a response from the Health Service Executive, HSE, regarding the manner in which clinical training in podiatry could best be facilitated. I understand that the HSE is finalising its approach and will revert shortly to my Department in that regard.

Hospital Staff.

John Perry

Ceist:

267 Mr. Perry asked the Tánaiste and Minister for Health and Children the directive she has given to the Health Service Executive to deal with physical assaults on the nursing profession; the protection measures that will be put in place; and if she will make a statement on the matter. [15349/06]

I have not issued a directive to the Health Service Executive, HSE, to deal with physical assaults on the nursing profession. However, I am aware that the HSE recently established a working group to examine issues of this nature regarding all health care staff. My Department is represented on this group which aims to develop national policies for the health services on staff training, support structures, risk assessment, prevention of assaults and dealing with offenders who attack staff. Responsibility for the safety of staff rests with the HSE and other publicly funded health agencies who, as employers, must meet their obligations in this regard. The safety and security of all health care staff is of paramount importance and it is imperative that all appropriate measures should be utilised to protect staff, especially those working in circumstances which by the nature of the service being provided make them more vulnerable.

Death Certificates.

John Perry

Ceist:

268 Mr. Perry asked the Tánaiste and Minister for Health and Children her plans to modify death certificates to include place of internment; and if she will make a statement on the matter. [15358/06]

An tArd-Chláraitheoir, the Registrar-General, is the person with statutory responsibility for the administration of the civil registration system in Ireland, including the registration of deaths. My Department has made inquiries with the Ard-Chláraitheoir and the position is as follows: the provisions governing the registration of deaths are set out in Part 5 of the Civil Registration Act 2004, and the particulars required to be entered in the register of deaths are contained in Part 5 of the First Schedule to the Act. The place where the deceased is interred is not one of the particulars required to register a death. As the provisions governing the registration of deaths were commenced in December 2005, there are no plans to amend the Civil Registration Act 2004 at this time.

Health Service Staff.

John Perry

Ceist:

269 Mr. Perry asked the Tánaiste and Minister for Health and Children her plans to increase the rates of pay for home subvention to care for the elderly in view of the fact that they are not entitled to holiday pay and sick benefit; and if she will make a statement on the matter. [15359/06]

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

A comprehensive collective agreement between health employers and SIPTU was finalised in 2000 regarding the terms and conditions for employment of home helps. This agreement provided for a significant improvement in the pay and conditions of employment for home helps. Home helps are paid in accordance with the agreed pay scale, €25,590 to €28,451 per annum, or pro rata thereof for part-time staff. Home helps receive the benefits of all social partnership pay increases together with special increases under benchmarking. In addition, home helps receive the same benefits as all other staff in the health services which include premia pay, paid annual leave and paid sick leave.

I am aware that a high level group has been established, with representatives from the Health Service Executive and staff representatives from SIPTU and IMPACT, to address issues pertaining to the standardisation of home help services. The group held its first meeting on 23 March last and further meetings are scheduled. An additional €33 million full year cost was allocated to the home help programme in budget 2006, €30 million of which will be for 2006 with the remaining €3 million for 2007, which will enable the Health Service Executive to provide an additional 1.75 million hours nationally in 2006. The additional resource will further enhance the service and facilitate the expressed wish of many more older people to continue to live in their own homes for as long as possible.

Care of the Elderly.

Ivor Callely

Ceist:

270 Mr. Callely asked the Tánaiste and Minister for Health and Children the number of older people on a waiting list for a community care service to be provided; the number of older people on a waiting list for a hospital procedure to be carried out; the level of moneys which have been made available to the Health Service Executive for such services; and the level of funding the Health Service Executive sought for such services. [15362/06]

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.

Health Service Funding.

Ivor Callely

Ceist:

271 Mr. Callely asked the Tánaiste and Minister for Health and Children the level of funding available to the health services in 2005 and 2006 allocations; the process the Health Service Executive has undertaken regarding the application of casemix; and if she will make a statement on the matter. [15363/06]

The Revised Estimates Volume for Public Services 2006 outlines the amount of funding available to the Health Vote group for the 2005 and the estimate for 2006. The gross total, including capital, available to my Department and the Health Service Executive in 2005 was €11,872.218 million. The Office of the Minister for Children under the Minister of State with responsibility for children was established in 2006 and is now included in the Health Vote group. Therefore, the estimated gross total, including capital, for my Department, the HSE and the OMC in the current year is €13,816.146 million.

The casemix budget model outturns generated in December 2005, based on 2004 activity and costs, for inclusion as part of the 2006 financial allocations for the 37 hospitals involved in the national programme, have been passed to the HSE and have been issued to each hospital involved. It is agreed between my Department and the HSE that casemix will continue to be used as a central pillar in acute hospital funding policy and the incremental broadening of the programme, as set out in my Department's statement of strategy, will be a critical issue in its development.

Accident and Emergency Services.

Ivor Callely

Ceist:

272 Mr. Callely asked the Tánaiste and Minister for Health and Children her Department’s policy on the operation of the accident and emergency departments of Dublin hospitals, from a policy application point of view; what is deemed to be an unacceptable waiting period in accident and emergency; and if she will make a statement on the matter. [15364/06]

Tackling the current difficulties with accident and emergency departments is the Government's top priority in health. The service provided to some patients in accident and emergency departments is unacceptable and must be improved. Our objectives are to reduce the numbers waiting for admission, the time spent waiting for admission, and the turnaround time for those who can be treated in accident and emergency departments and do not require admission. I believe that there is a need to build on the accident and emergency action plan and arising from discussions with the Health Service Executive, a number of proposals have been agreed, including the setting of performance targets for individual hospitals.

The HSE has developed and circulated a framework for improving accident and emergency services, setting out clearly the proposed approach. The recently established dedicated task force will oversee the implementation of this framework. The task force includes accident and emergency consultants, a consultant geriatrician, a respiratory physician, a director of nursing, and a hospital chief executive, as well as full-time representatives from the national hospitals office and primary, community and continuing care services. The task force supports individual hospitals in identifying specific problems and addressing them, and working with hospitals to introduce a system of "whole hospital" performance measures to improve the patient's journey not alone through the accident and emergency department but through the hospital system from admission to discharge.

I share the view that has been expressed by the chief executive of the HSE that the achievement of improvements in accident and emergency services is dependent on fundamental changes in hospitals and in other areas of the health service. I am confident that by improving hospital processes and procedures, by providing additional step-down beds for those patients who do not require acute hospital care, and by expanding and enhancing primary and community care services we can achieve a sustained improvement in our accident and emergency services.

Hospital Accommodation.

Ivor Callely

Ceist:

273 Mr. Callely asked the Tánaiste and Minister for Health and Children the progress that has been made to increase bed capacity in hospitals and long-stay services here; the identified shortages in each region; the target dates to meet the identified bed capacity needs; the level of funding which has been allocated since the bed shortage was identified; and if she will make a statement on the matter. [15367/06]

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

Health Services.

Joe Higgins

Ceist:

274 Mr. J. Higgins asked the Tánaiste and Minister for Health and Children the reason she has under-resourced the public home help service while at the same time subsidised private companies providing home help services through the Health Service Executive and through the recently introduced €1,000 home care grant. [15372/06]

As the Deputy is aware, additional funding of €150 million was allocated to services for older people and palliative care in the 2006 budget. Of this, an extra €33 million was allocated to the home help service, €30 million of which is provided for 2006 to deliver 1.75 million home help hours. A total of €55 million was also allocated to home care packages, €30 million for 2006 and a further €25 million for 2007, with an additional 2,000 packages to be delivered by the end of this year.

Home care packages may consist of a mixture of grants, contracted care services, therapeutic input and equipment and other such community services to facilitate the older person to remain living in his or her own home. These packages are tailored to the needs of the individual and may or may not consist of a grant paid directly to the person. The packages are based on the level of need as well as the financial circumstances of the applicant. Therefore, the type and amount of the package a person receives can vary from one individual to another.

Home care, including the home help service, is delivered through the HSE in partnership with a range of providers including the Health Service Executive itself, voluntary groups and the private sector. This has long since been a policy regarding home care and there are no plans to privatise the home help service or give priority to private companies over public or other home care providers.

The most important factor in delivering home care and home help is not who provides the service, but that an appropriate level of service is delivered in as flexible a manner as possible which is highly responsive to the real needs of the individual, and there is no reason private providers should not work in partnership with the HSE to this end, as they have been doing in the past and will continue to do.

Housing Aid for the Elderly.

Pat Breen

Ceist:

275 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when a housing aid for the elderly application will be processed for a person (details supplied) in County Clare; and if she will make a statement on the matter. [15411/06]

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.

Hospital Services.

Brian O'Shea

Ceist:

276 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the arrangements which have been made by her in order that public patients can avail of radiotherapy treatment at the University of Pittsburgh Medical Centre, Whitfield Cancer Centre, Waterford when the centre opens later in 2006; and if she will make a statement on the matter. [15423/06]

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 respond directly to the Deputy regarding the matter raised.

Hospitals Building Programme.

Emmet Stagg

Ceist:

277 Mr. Stagg asked the Tánaiste and Minister for Health and Children if she will approve the Health Service Executive capital plan for 2006 and specifically phase 3C of Naas Hospital. [15554/06]

The HSE capital plan 2006, which includes the proposed Phase 3C development at Naas Hospital, is being considered by my Department, in conjunction with the Department of Finance. I expect to revert to the HSE in the near future on agreement on the overall plan and the progression of individual proposals, including that relating to Phase 3C at Naas General Hospital, can only be considered in this context.

Health Services.

Emmet Stagg

Ceist:

278 Mr. Stagg asked the Tánaiste and Minister for Health and Children her views on the Adjournment debate in Dáil Éireann on 27 April 2005 on home help cutbacks in County Kildare; her further views on the fact that it was stated that she was concerned at the reduction in the service and had requested the Health Service Executive to reconsider the situation in the context of the needs of the area; if her attention has been drawn to the fact that the number of home help service hours in Kildare has fallen from 440,883 in 2003 to 322,957 in 2005 per the Health Service Executive despite an increase in the number of clients by 33% in the period; and if she will explain to the Houses of the Oireachtas the action she intends to take regarding the destruction of the service in County Kildare. [15555/06]

While the figures provided by the HSE indicate a reduction in the number of home help hours between 2003 and 2005, the HSE has advised that the reduced service levels were due to the demands on the service beyond the available budget allocation.

As the Deputy is aware, additional funding of €150 million was allocated to services for older people and palliative care in the 2006 budget. This is a full year cost, €110 million of which is for 2006 with the remaining €40 million for 2007. This is the largest ever increase in funding for services for older people and the package has a strong focus on community based supports. Of this investment, an extra €33 million, full year cost, was allocated to the home help service. Of this total, a sum of €30 million is provided for 2006 and will deliver approximately 1.75 million additional home help hours. Therefore, I see no reason that the home help service should not show a significant improvement on a national scale.

Hospital Accommodation.

Ivor Callely

Ceist:

279 Mr. Callely asked the Tánaiste and Minister for Health and Children the bed shortage for long stay care in the north Dublin, north city area; the level of funding which has been given to the Health Service Executive to address this issue; and if she will make a statement on the matter. [15556/06]

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.

Health Services.

Michael Lowry

Ceist:

280 Mr. Lowry asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Tipperary will receive an appointment for assessment for speech and language therapy; and if she will make a statement on the matter. [15557/06]

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.

Legal Services.

Ruairí Quinn

Ceist:

281 Mr. Quinn asked the Tánaiste and Minister for Health and Children if her Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15764/06]

My Department has sought and obtained legal advice on a wide range of issues over the period in question. Many issues require several separate legal advices. Most of the legal advice is provided on an ongoing basis by the Department's own legal adviser. In addition legal advice is provided by the Office of the Attorney General. However, the information requested on the cost of other legal services for the period mentioned is being compiled in my Department and will be forwarded to the Deputy as soon as possible.

Ruairí Quinn

Ceist:

282 Mr. Quinn asked the Tánaiste and Minister for Health and Children the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of her Department. [15778/06]

As the Deputy is aware, a substantial number of non-commercial semi-State bodies operate under the aegis of my Department. The staff employed in those agencies and their respective qualifications is a matter for the agencies concerned. Such information is not retained by my Department.

Legal advice to the Adoption Board is a matter for consideration by the Office of the Attorney General and or the Office of the Chief State Solicitor. The board seeks legal opinion from other jurisdictions to determine if their adoption legislation is compatible with Irish legislation. On average three or four such opinions are sought each year.

Ruairí Quinn

Ceist:

283 Mr. Quinn asked the Tánaiste and Minister for Health and Children if her Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the Law Offices of the State 1997 that legal advice should be given to the Government only by the Attorney General and his office. [15792/06]

My Department employs Ms Angela Ó Floinn to provide highly specialist legal advice to my Department in respect of new and existing legislation and to represent this Department on various consultative groups and at Comite Directeur pour la Bioethique, CDBI, to negotiate on EU directives and the transposition of EU directives into Irish Law. My Department also keeps in close contact with the Attorney General's office and the Chief State Solicitor's office as necessary.

The Deputy appears to refer to Chapter 4(7) of the 1997 report of the review group on the law offices of the State. Chapter 4(8) of that report recommends that:

A way should be found to reconcile the need to preserve the responsibility of the Attorney General, as legal adviser to the Government, for the provision of legal services to the Government as a collective body, with the obvious need for Departments to have advisers whom they can regard as "their own" and who will be available to give advice when and as they need it.

On 24 February 1998 the Government agreed that matters of Departments availing of outside legal services, and a mechanism for providing a dedicated legal adviser in certain Departments should be discussed further between the Office of the Attorney General and relevant Departments.

It is my understanding that there have been a number of developments in this area since the publication of the 1997 report of the review group on the law offices, including the proposed recruitment by the Office of the Attorney General of a number of advisory counsel who will be trained by the office, prior to secondment to Departments who seek legal advisers. This initiative is in line with conclusions reached in the Travers report on administration matters in the Department of Health and Children and recommendations of the appropriate joint Oireachtas committee thereon.

Tax Code.

Finian McGrath

Ceist:

284 Mr. F. McGrath asked the Minister for Finance if further tax relief assistance will be granted to a person (details supplied) particularly with their annual cost of care at €65,000. [14238/06]

Finian McGrath

Ceist:

289 Mr. F. McGrath asked the Minister for Finance if assistance will be given to a person (details supplied) with tax relief matters relating to their €65,000 annual cost of care; and if he will advise the family on this matter. [14262/06]

I propose to take Questions Nos. 284 and 289 together.

The position is that section 467 of the Taxes Consolidation Act 1997 provides for a tax deduction at the individual's highest rate of tax in respect of the costs incurred by an individual of employing another person, including a person whose services are provided by or through an agency, to take care of him or her, a spouse or a relative who, throughout the relevant tax year, is totally incapacitated by reason of physical or mental infirmity. The amount of the tax deduction is €50,000 for the 2006 tax year, €30,000 for previous tax years, or, if lower, the actual amount expended in the relevant tax year in employing the person.

The key to this tax relief is that the person incurring the cost of the care employs the carer either directly or, where the employed carer is provided by or through an agency, the agency employs and pays the carer directly. The employment of a carer relief is not available where the carer is self-employed for tax purposes. However, for this purpose, the question of whether an employment relationship exists depends on the circumstances of an individual case and not necessarily on any assertion by an individual carer as to their status.

As the Deputy is aware, tax relief may also be due under the heading of health expenses under section 469 Taxes Consolidation Act 1997 regarding care provided in a nursing home. In addition, health expenses relief may also be due in cases of serious illness where qualified nurses are engaged on the advice of a medical practitioner to provide constant nursing care in the patient's home. In such a case, tax relief will be allowed where a medical certificate is provided which shows the nature of the patient's illness; states that constant nursing care by fully-qualified nurses in the patient's home is required; and covers the full period for which home nursing is being claimed, and the nurses providing the nursing care are fully qualified and their full names, addresses and qualifications have been supplied.

In a separate reply, the Minister for Health and Children has dealt with those aspects of the Deputy's question concerned with care services provided by the Health Service Executive.

National Mapping Service.

John Gormley

Ceist:

285 Mr. Gormley asked the Minister for Finance if his attention has been drawn to the fact that people must pay a fee of approximately €37.18 for an OSI 1:1000 site location map; his plans to ensure that this fee is no longer payable; and if he will make a statement on the matter. [14303/06]

The matter raised by the Deputy was referred to Ordnance Survey Ireland, OSI, which has statutory responsibility for the provision of a national mapping service in the State under the Ordnance Survey Ireland Act 2001. Under section 29 of the Act, OSI may make such charges as it considers necessary and appropriate in consideration of the performance by it of its functions; the provision by it of any service and the carrying on by it of any activities.

In the context of the current year revenues which OSI anticipates from its commercial activities, and the total costs incurred by the organisation in the exercise of its statutory functions, there is an expected cost recovery rate of 75% approximately. The mapping product referred to by the Deputy is in respect of urban mapping which is revised by OSI on an annual basis and maintained in a digital format using the latest mapping technologies.

Having regard to the costs associated with building and land development generally, the charges in respect of mapping information supplied by OSI represents in relative terms, a small proportion of the overall costs. Between January 2003 and the present date, the mapping product referred to by the Deputy increased in price by €2.37 to its present cost of €37.18, or an annual average increase of around 2.2%.

Tax Code.

Willie Penrose

Ceist:

286 Mr. Penrose asked the Minister for Finance his views on the possibility of introducing tax incentives to encourage the standing of sound stallions; and if he will make a statement on the matter. [14609/06]

The 2006 Finance Act provides that the tax exemption for stallion stud fee is discontinued, with effect from 31 July 2008, in line with the budget announcement to this effect. A new regime appropriate to the industry will be discussed with the European Commission, and consultations with the industry will take place in due course. I am not in a position at this stage to give any indications or undertakings as to the nature of any new tax regime, although the particular issue adverted to by the Deputy can be borne in mind in that context.

Paudge Connolly

Ceist:

287 Mr. Connolly asked the Minister for Finance if he has proposals for a tax incentive business development scheme for County Monaghan in view of the impact of the troubles’ impact on indigenous industries; and if he will make a statement on the matter. [15307/06]

Michael Ring

Ceist:

306 Mr. Ring asked the Minister for Finance his views on giving tax designation to an area (details supplied) in County Mayo to try encourage people to develop the area. [14808/06]

I propose to take Questions Nos. 287 and 306 together.

The 2006 Finance Act provides for the termination of a range of area-based tax incentive renewal schemes, in line with my budget day announcement to this effect. My decision to phase out these tax schemes was taken in the light of the recommendations of independent consultants who undertook a detailed assessment of these reliefs last year.

Against this background, I have no plans at present to introduce new tax incentive schemes of the sort referred to by the Deputies. However, the possibility of using tax incentivisation as a tool of economic policy will continue to be borne in mind in framing future tax policy, in accordance with the consultants' recommendations. It should also be noted that the introduction of new area-based incentive schemes would raise issues of compatibility with EU state aid law.

Garda Stations.

Olivia Mitchell

Ceist:

288 Ms O. Mitchell asked the Minister for Finance if he will report on the result of the assessment by the Office of Public Works on the site for a new Garda station in Dundrum; and the status of negotiations. [14261/06]

The Commissioners of Public Works are in negotiations with a local developer on a proposal to provide a new Garda station in Dundrum. However, a number of issues remain to be resolved. Before a final decision is made on the matter, the Department of Justice, Equality and Law Reform and the Garda authorities will be consulted.

Question No. 289 answered with QuestionNo. 284.

Public Service Contracts.

John Gormley

Ceist:

290 Mr. Gormley asked the Minister for Finance if he will confirm that the Revenue Commissioners outsource work to India and other countries; the type of work outsourced; the amount it costs; and if he will make a statement on the matter. [14291/06]

I am informed by the Revenue Commissioners that they have not outsourced work to India and other countries.

Departmental Staff.

Mary Upton

Ceist:

291 Dr. Upton asked the Minister for Finance if he will ensure that staffing levels are increased and other problems associated with the excessive queues in public offices controlled by the Revenue Commissioners are rectified as soon as possible; and if he will make a statement on the matter. [14368/06]

The Revenue Commissioners advise me they are aware of the growing customer service pressures in some of their public offices. The additional pressures are due to an increased number of customers, an increasing number of customers who have more than one employment and the number of customers who do not have English as their first language.

In response to these pressures and to improve customer service standards, the Revenue Commissioners have deployed additional staff in their public offices. They will shortly provide translations of the most commonly used explanatory leaflets and forms in a number of international languages, including Polish, Lithuanian, Russian, Chinese, French, Spanish, German, Portuguese, Czech and Slovakian. I also understand that the Revenue Commissioners' main public office, in Dublin's O'Connell Street, will undergo a major expansion and the new facilities will be available by the end of this year.

The Revenue Commissioners provide a range of contact options for customers which reduce the need for personal visits to the tax offices to access information on tax matters. They have put in place a number of self-service channels for customers that allow them to request forms and leaflets or claim certain amendments to their tax credit certificate without the need for direct contact with a staff member. This can be done using touch-tone telephone, text messaging or the Internet. Later this year the Revenue Commissioners will introduce a more extensive suite of on-line and telephony services for PAYE taxpayers. These initiatives will facilitate PAYE taxpayers in "self-managing" their tax affairs, including adjusting their tax credit certificates to reflect their current entitlements, and requesting balancing statements. The Revenue Commissioners are confident that the measures to be put in place will lead to a greatly improved service for all its customers, including a reduction in queuing time at its public offices.

Revenue Commissioners’ Audits.

Kathleen Lynch

Ceist:

292 Ms Lynch asked the Minister for Finance the number of inspections by the Revenue Commissioners which have been carried out in the past year on properties developed under the section 50 tax relief scheme to ensure that qualifying developments are conforming with the guidelines that they must be occupied by students during the college year; the number of audits which have been done on companies letting the apartments to ensure compliance; and if he will make a statement on the matter. [14387/06]

I am informed by the Revenue Commissioners that no figures are available on the proportion of the 14,214 audits carried out in 2005 which specifically examined the so-called "section 50" scheme of relief for the construction of student accommodation.

The Revenue Commissioners state they are not aware of any significant abuses of the "section 50" scheme. However, the Revenue Commissioners have noted the newspaper report of a claim made at the recent Union of Students in Ireland congress that some section 50 apartments are let to non-students during college terms. The Revenue Commissioners are following up on this with the person who made the claim and I am assured that appropriate action will be taken if warranted.

Public Procurement Policy.

Joan Burton

Ceist:

293 Ms Burton asked the Minister for Finance if he is satisfied, with reference to public procurement policy that contracting authorities make adequate effort, as his guidelines state they should, to ensure that recently established firms, or firms with no previous experience of public contracts, are not excluded from tendering; his views on the relatively common requirement in tender applications that the applicant must furnish an auditor’s statement indicating the applicant’s annual financial turnover for the past three years; if such stipulations are consistent with the policy objective of maximising competition in the market for the goods and services purchased by the public sector; his further views on whether the published procurement guidelines and the authorities which implement them pay sufficient attention to the stated policy of encouraging competition in public procurement; the steps taken to encourage competition in this area and if future steps are envisaged; the connection between the State’s public procurement policy and its competition policy; if the former has been or will be realigned to take account of the latter; and if he will make a statement on the matter. [14398/06]

Open transparent competition has long been a fundamental principle of the public procurement regime and this is totally in accord with the State's competition policy. Furthermore, the national public procurement policy framework, published by my Department in 2005, indicates that competition is a necessary part of the public tendering process. Competition is also facilitated via the national public procurement website www.etenders.gov.ie. The website is a central resource where all significant public sector contracts are advertised and is now the principal reference point for companies, large and small, interested in doing business with the public sector. This facility increases transparency and greatly increases access to, and competition for, public sector contracts. The small and medium enterprise sector is actively targeted through a marketing campaign. There has been an extremely good response to this initiative which has resulted in a steady increase in the number of registered suppliers competing for business. Registered suppliers receive free email alerts to tender notices of interest to them.

The public procurement guidelines issued by my Department recommend that contracting authorities ensure that recently established firms, or firms with no previous experience of public contracts, are not excluded from invitations to tender. The guidelines further recommend that contracting authorities should encourage these firms, such as by allowing them to tender for smaller contracts initially and then, subject to satisfactory performance, progressing to larger or more complex contracts. However, in awarding public contracts, contracting authorities must be satisfied that the successful tenderer has the capacity, including the financial capacity, to perform the contract. Evidence of financial standing may be sought by various means and contracting authorities have flexibility on this requirement. The level of capacity must be proportionate and relevant to the size of the contract. Smaller contracts do not have onerous or prohibitive requirements and I am not aware of difficulties in this area. I am satisfied that public procurement policy and guidelines promote an appropriate balance of competition and business opportunity for suppliers and service providers of all sizes.

Official Engagements.

Bernard Allen

Ceist:

294 Mr. Allen asked the Minister for Finance the details of his travels abroad for the St. Patrick’s Day celebrations; the people who travelled with him in their official party; the duration of the visit; and the cost. [14497/06]

Successive Governments have followed a long-standing tradition of availing of the period around St Patrick's Day to capitalise on the goodwill and unparalleled opportunities generated by the celebrations to promote Ireland abroad. These visits are also important for enhancing our links with Irish communities abroad to express the Government's appreciation for the valuable work of Irish community and friendship groups.

I visited Australia from 11 to 19 March 2006 as part of the Government's structured programme of ministerial visits abroad for St. Patrick's Day to engage with the Irish community and to promote modern Ireland overseas, in particular, the attractiveness of Ireland as a market for inward investment across a range of sectors. My seven-day programme contained a balance of Irish community and business events. I used each occasion to showcase Ireland as a world class economy and tourism destination and in my speeches I referred specifically to the "Irish advantage" that has contributed to our economic success and to the promotion of Ireland as a knowledge economy, particularly the building up of our research capacity and capability, which has underpinned much of our economic performance over the last decade.

In Sydney I visited the offices of the Irish Australian Welfare Bureau and presented a cheque from the Government for AUS$65,000 to the president of the bureau; I attended a working lunch hosted by the IDA for senior members of Perpetual Trust, Macquarie Bank and QBE Insurance, all of which are located in Ireland; I visited the Irish Famine memorial at Hyde Park barracks and presented the Irish Famine Memorial award to a student from Macquarie University; I attended a reception hosted by the general for the Irish community, business and political contacts; I attended a meeting with Validsoft, an Irish banking software solutions company along with its first client in Australia, Macquarie Bank; and I met a number of Enterprise Ireland client companies. I gave an interview to the editor of the Irish Echo; I was the guest speaker at a Tourism Ireland lunch for members of the Australian travel trade and I met representatives of the New South Wales Irish parliamentary friendship group at Parliament Buildings.

In Canberra I was the guest of honour at the ambassador's St. Patrick's Day reception attended by 500 people; I gave an interview to the Australian Financial Review, Australia’s leading financial newspaper and I met the Secretary of the Treasury and a senior adviser. In Brisbane I attended the black-tie dinner of the Queensland Irish Association which is in its 108th year. In Sydney I delivered a keynote address to the Lansdowne Club’s annual business lunch; attended the Sydney St. Patrick’s Day ball and attended a reception at the Town Hall, hosted by the Deputy Lord Mayor, to mark the Sydney St. Patrick’s Day parade. I was accompanied on the trip by my wife, special adviser and private secretary. The overall cost of the visit is not yet available.

Decentralisation Programme.

Gerard Murphy

Ceist:

295 Mr. G. Murphy asked the Minister for Finance with reference to decentralisation, if Kanturk is on a priority list; the number of civil servants who have agreed to go to Kanturk; and if land has been purchased there. [14614/06]

The indicative timeframe for the completion of the construction of the new building in Kanturk is towards the end of 2008. The Office of Public Works is processing the more than 90 applications on the central applications facility, CAF, in respect of Kanturk. The acquisition of a suitable site in Kanturk is not yet finalised.

Tax Code.

Jack Wall

Ceist:

296 Mr. Wall asked the Minister for Finance if an application for tax relief for a person (details supplied) in County Kildare will be processed; and if he will make a statement on the matter. [14616/06]

I have been advised by the Revenue Commissioners that the taxpayer's claim for service charges has been processed and notification of refunds due to him issued on 11 April 2006.

Special Savings Incentive Scheme.

Pat Breen

Ceist:

297 Mr. P. Breen asked the Minister for Finance the taxes and charges which will accrue to an SSIA held to maturity; if such taxes and charges would vary if an SSIA holder had left the State prior to their account reaching maturity but who continued to pay into the account until it reached maturity; and if he will make a statement on the matter. [14665/06]

Where an SSIA account matures, either on death or at the end of the five-year period, tax at 23% is liable on the income earned from the investment of both the subscriptions and the Exchequer tax credits. For an SSIA account to mature, the account holder must be resident in the State when the SSIA account commenced and be either resident or ordinarily resident in the State for the duration of their SSIA account. Where the individual does not qualify under these residency conditions the individual is required to close the account and the aggregate value of all the assets in the account at time of cessation is liable to tax at 23%.

A person is regarded as resident in the State if he or she has spent 183 days in the State in a calendar year or leaves the State early in the year but has spent more than 30 days in the State in that year and between that year and the previous year has spent a total of at least 280 days in the State. A person is deemed to be ordinarily resident in the State for each of the three years after the year in which he or she was last resident in the State, where he or she was resident in the State for three consecutive years prior to leaving.

Tax Code.

Paul Nicholas Gogarty

Ceist:

298 Mr. Gogarty asked the Minister for Finance the procedures which exist for grievances regarding dealing with taxation matters; if persons can deal with queries by phone if they do not receive satisfactory levels of service via the post; and if he will make a statement on the matter. [14703/06]

I am informed by the Revenue Commissioners that any taxpayer has a right to seek a review of Revenue's handling of his or her tax or customs affairs, or of a decision made by a Revenue official. The right is specifically recognised in Revenue's customer service charter. In the majority of cases, a senior Revenue official in the taxpayer's local Revenue office carries out the review. The review is commenced as soon as a request is received.

The Revenue Commissioners state that normally the best and quickest way to resolve most customer service complaints is to contact the Revenue office dealing with the person's tax affairs by phone, letter, email or personal contact. A Revenue staff member will try to resolve the complaint without delay. However, if the staff member cannot resolve the complaint, or if the person is unhappy with the response, he or she may ask that the local manager reviews the matter. If the person is still unhappy, he or she can have their complaint referred to the customer service manager in the relevant region or division. Contact details are available on the revenue website, www.revenue.ie/aboutus.

If the matter still cannot be resolved the taxpayer may have their case reviewed either internally by a senior Revenue officer outside the region or by an external reviewer acting in conjunction with a senior Revenue officer. Over the years the procedures have operated successfully in a wide range of issues. Details of how to avail of Revenue's customer service complaints procedures are set out in Revenue leaflet CS4 which is available on www.revenue.ie.

A taxpayer aggrieved by an assessment to income tax or corporation tax or by a determination of the Revenue Commissioners regarding these taxes has a right of appeal against an assessment or determination. The appeal must be lodged, in writing, with the regional Revenue office dealing with the taxpayer's tax affairs, within 30 days of the assessment or determination issuing. If the matter is not subsequently settled by agreement between the local manager and the taxpayer, the appeal will eventually be heard and adjudicated upon by the appeal commissioner. If the taxpayer is not satisfied with the ruling of the appeal commissioner, the appeal may be reheard by a Circuit Court judge and be referred to the High Court and the Supreme Court, on a point of law.

Paul Nicholas Gogarty

Ceist:

299 Mr. Gogarty asked the Minister for Finance if he will direct the Revenue Commissioners to investigate the delay and frustration being experienced by a person (details supplied) in County Dublin regarding dealings with the Dublin South County PAYE tax district; and if he will make a statement on the matter. [14704/06]

I am advised by the Revenue Commissioners that, in the case referred to by the Deputy, a return of income for 2004 was received on 23 January 2006 and this was dealt with when a PAYE balancing statement issued to the taxpayer on 1 February 2006 showing an underpayment of €23.46. The claim made for a refund of tuition fees amounting to €2,042.50 was not granted as insufficient information had been provided on the return of income. The taxpayer supplied additional information on 7 February 2006. This was examined, and a further letter issued from Revenue on 10 March 2006 seeking the following additional information: whether the course is an undergraduate or postgraduate course; if any portion of the fees will be refunded to the person from any source such as by his employer or by way of grant or scholarship; and details of where previously conferred with a certificate, diploma or degree in respect of an undergraduate course of more than two years duration.

This information is still required to finalise the claim made for a refund of tuition fees and the taxpayer should now arrange to send this to Ms Marion McBride, Dublin South County District, Revenue Commissioners, The Plaza Complex, Tallaght, Dublin 24 where it will be dealt with on receipt. The Revenue letter that issued on 10 March 2006 was generated from the computer system and should have contained the name of the district manager and the 1890 telephone number. If these were omitted, the Revenue Commissioners apologise for any inconvenience caused to the taxpayer.

Tax Collection.

Eoin Ryan

Ceist:

300 Mr. Eoin Ryan asked the Minister for Finance the amount of revenue generated from the Irish Financial Services Centre annually since its inception. [14724/06]

I am informed by the Revenue Commissioners that figures of the estimated corporation tax paid in the years 1989 to 2005 inclusive by the Irish Financial Services Centre are shown in the following table. The figures for 2004 and 2005 include corporation tax yield from IFSC companies whose activities were previously taxable at 10%, now taxable at the standard rate of corporation tax. Other tax remitted by the IFSC, such as PAYE, DIRT on deposit interest and stamp duties on credit cards, ATM cards and cheques, are not included in the figures given, since the tax liability is not on the institutions themselves.

Year

Estimated corporation tax yield from the Irish Financial Services Centre

€ million

1989

4.7

1990

28.4

1991

59.1

1992

98.5

1993

172.6

1994

263.5

1995

159.0

1996

286.2

1997

332.9

1998

359.0

1999

546.5

2000

478.1

2001

606.8

2002

704.9

2003

618.4

2004

699.0

2005

823.5

Public Service Contracts.

Richard Bruton

Ceist:

301 Mr. Bruton asked the Minister for Finance if he keeps track of the extent to which printing work contracted in by Departments or State agencies is done by domestic printers compared to overseas printers; and the rules that apply in respect of tendering for such work. [14736/06]

The total value of printing work procured by Departments, offices and agencies in 2005 under contracts placed by the Government Supplies Agency was €9,782,880.58 exclusive of VAT. Of this sum, €9,483,729.76, approximately 97%, was procured from Irish companies and €299,150.82 from non-Irish companies. The EU and international rules applicable, together with the public procurement guidelines — competitive process — of the Department of Finance govern contracts placed by the Government Supplies Agency at the time of each competition. No distinction based on the nationality or country of origin of the tender is permitted in the award of contract.

Tax Code.

Gay Mitchell

Ceist:

302 Mr. G. Mitchell asked the Minister for Finance if stamp duty will be waived in the case of a person (details supplied) in Dublin 12; and if he will make a statement on the matter. [14766/06]

I am informed by the Revenue Commissioners that there is no provision in stamp duty legislation for the waiver of stamp duty in the circumstances outlined. The amount of stamp duty payable on the purchase of a second-hand house depends on a number of factors including who is proposing to buy the property, whether the individual purchasing the property is a first-time buyer and owner occupier and the amount of the consideration paid for the property. For example, if a person is not a first-time buyer and buys a second-hand residential property the amount of stamp duty payable will depend on the consideration paid for the house based on the following table under the heading "A — Full Rate".

Consideration

A

B

Full Rate

First Time Buyer/Owner Occupier

%

%

Less than €127,000

Nil

Exempt

€127,001 —€190,500

3

Exempt

€190,501 —€254,000

4

Exempt

€254,001 —€317,500

5

Exempt

€317,501 —€381,000

6

3

€381,001 —€635,000

7.5

6

Over €635,000

9

9

In addition, if he or she subsequently carries out renovation work on the property, there will be no stamp duty implications on the cost of the renovation. Alternatively, if a person's son or daughter purchases a second-hand house the only relief available to him or her is as a first-time buyer and owner occupier, if applicable. This would entitle him or her to exemption of stamp duty on the purchase deed of transfer for any property up to €317,500. A reduced rate of stamp duty would apply where the purchase price is between €317,501 and €635,000 as outlined under heading "B — First time Buyer/Owner Occupier" in the table. If he or she subsequently incurs and carries out renovation work on the property there will be no stamp duty implications on the cost of renovation.

If the property purchased is a new house, where it is subject to a floor area compliance certificate under 125 sq m, an exemption to stamp duty will apply to an owner-occupier. A relief for owner-occupier is also available on new houses where the floor area exceeds 125 sq m. Stamp duty then becomes payable on the greater of the site value or on 25% of the total purchase price. If the person in question has any further inquiries on the matter he may telephone the stamp duty Lo Call number 1890 48 25 82. Further information on stamp duty generally is also available on Revenue's website at www.revenue.ie.

National Development Plan.

Marian Harkin

Ceist:

303 Ms Harkin asked the Minister for Finance the spend in the south and east region to date in 2006 under the National Development Plan 2000-2006; and the breakdown of planned and actual expenditure applying to each of the specific programmes under the plan. [14781/06]

The most recent expenditure data for the southern and eastern region under the National Development Plan, NDP, 2000-2006 relate to the period January 2000 to December 2005. These data show that expenditure under the NDP in the southern and eastern region stands at €32.7 billion or 96% of profiled expenditure for that period. Expenditure data in respect of 2006 for the southern and eastern region will not be available until the autumn 2006 monitoring committee meetings. The table below sets out the indicative expenditure profiles and the estimated expenditure incurred in the southern and eastern region to December 2005 under each operational programme of the NDP 2000-2006.

NDP Profiled and Estimated Expenditure in the southern and eastern region January 2000 to end December 2005

Operational Programme

Profile Jan 2000 to end Dec 2005

Expenditure Jan 2000 to end Dec 2005

Expenditure versus Profile

%

Economic and Social Infrastructure

16,078

18,226

113

Employment & Human Resources Development

8,568

8,755

102

Productive Sector

4,627

2,405

52

Southern and Eastern Regional

4,694

3,376

72

Technical Assistance

6.8

6.2

91

*Total Expenditure

33,973.8

32,768.2

96

*Profiles and Expenditure data includes all NDP sources of funding; Exchequer, EU and Private.

Tax Code.

John Gormley

Ceist:

304 Mr. Gormley asked the Minister for Finance if a ministerial order requires to be issued to remedy the situation concerning VAT being charged to registered charities, thus avoiding the necessity of changing the tax laws; and if he will make a statement on the matter. [14784/06]

Charities and non-profit groups engaged in non-commercial activity are exempt from VAT under the EU sixth VAT directive, with which Irish VAT law must comply. This means they do not charge VAT on the services they provide and cannot recover VAT incurred on goods and services that they purchase. Essentially, only VAT registered businesses which charge VAT are able to recover VAT.

Ministerial orders have been used in a limited way to provide refunds of VAT on certain aids and appliances for the disabled and on medical equipment donated voluntarily to hospitals. These orders are focused and are designed to target specific circumstances. However, under EU law, it would not be possible to introduce new schemes within the VAT Act 1972 to relieve charities from the obligation to pay VAT on goods and services that they purchase.

The tax code provides exemption for charities from income tax, corporation tax, capital gains tax, deposit interest retention tax, capital acquisitions tax, stamp duty, probate tax and dividend withholding tax. Moreover, charities also benefit significantly from the uniform scheme of tax relief for donations, which was introduced in the Finance Act 2001 and which, for the first time, allowed tax relief on personal donations to domestic charities and other approved bodies. The relief is based on the taxpayer's marginal rate which for an individual donor could be as high as 42% and, in the case of donations from the PAYE sector, is given directly to the charities.

Control of Dogs.

Olivia Mitchell

Ceist:

305 Ms O. Mitchell asked the Minister for Finance if his attention has been drawn to the urgent need to introduce dog control by-laws for Office of Public Works properties as Office of Public Works parks are targeted by unscrupulous dog owners who intimidate other users of these parks; and his plans in this regard. [14801/06]

This is a matter for the Department of the Environment, Heritage and Local Government, which holds the policy function for heritage properties.

Question No. 306 answered with QuestionNo. 287.

Tax Code.

David Stanton

Ceist:

307 Mr. Stanton asked the Minister for Finance the number of people who availed of tax relief due to the fact that they employed a person to take care of an incapacitated person for each of 2003, 2004 and 2005; the amount of relief claimed in each year; the amount refunded in each year; and if he will make a statement on the matter. [14861/06]

I am informed by the Revenue Commissioners that the most recent year for which complete information on relief claimed by persons taking care of incapacitated individuals is the income tax year 2003. In that year an estimated 1,000 taxpayers claimed the relief on expenditure amounting to an estimated €3.1 million, at an estimated cost to the Exchequer of €900,000. A married couple which has elected or been deemed to have elected for joint assessment is counted as one tax unit.

National Development Plan.

Denis Naughten

Ceist:

308 Mr. Naughten asked the Minister for Finance the steps he is taking in order that the national development plan is fully implemented in the Border, midland and western region; and if he will make a statement on the matter. [14935/06]

Investments under the National Development Plan — NDP — 2000-2006 are delivered through a number of operational programmes which are directly managed and implemented by Departments, the regional assemblies or other agencies. Each operational programme has a monitoring committee which meets twice yearly to monitor the ongoing implementation of the programme. The managing authorities and the Departments or agencies responsible for implementing specific aspects of the operational programmes have additional procedures in place to monitor and manage the ongoing implementation of the programmes.

The responsibility of my Department is to ensure that funds are made available and allocated in a manner that achieves a sustainable match between spending and resources to meet the Government's objectives and to secure full drawdown of Ireland's allocation of structural funds. In this regard, I have written to my ministerial colleagues asking them to ensure that the investment objectives for the Border, midland and western, BMW, region are appropriately prioritised to ensure a better regional spread of expenditure that will go to achieving the overall aims of the NDP. The most recent monitoring data reported to my Department indicate that, in total, €12 billion was expended in the BMW region under the plan over the period January 2000 to end-December 2005. This represents 76% of total profiled expenditure for the corresponding period.

As well as monitoring the individual operational programmes, my Department chairs the overarching NDP-CSF monitoring committee which meets at least twice yearly. This committee monitors overall progress on the plan and will meet on 25 May 2006, at which stage it will have considered the progress reports of the individual operational programmes for the period January 2000 to end-December 2005.

Site Acquisitions.

Jim O'Keeffe

Ceist:

309 Mr. J. O’Keeffe asked the Minister for Finance the position on the acquisition of a site for a new school at Summercove, Kinsale, County Cork; and if he will confirm that arrangements are being made to finalise same. [14971/06]

The Commissioners of Public Works in Ireland act as agents for the Department of Education and Science in the acquisition of sites for primary schools. Negotiations to acquire a suitable site for a new school at Summercove national school are ongoing. However, it would be inappropriate to reveal the precise details at this point as it would likely prejudice future negotiations.

Tax Code.

Denis Naughten

Ceist:

310 Mr. Naughten asked the Minister for Finance the reason the widowed parent tax credit ceases after five years; his plans to extend the relief; and if he will make a statement on the matter. [14975/06]

The widowed parent tax credit, which applies on a sliding scale for the first five years after the year of bereavement, is intended as transitional relief to help such parents cope financially with the change from married to widowed status. It was never intended to apply for an indefinite period. Prior to 1998, the relief, then an allowance, applied for a period of three years after the year of bereavement. It was extended to apply for a period of five years in the budget and Finance Bill 1998.

Compared with the generality of taxpayers, widowed parents are treated favourably by the income tax code. In the year of bereavement, a widowed person may receive a personal tax credit of €3,260, which is equivalent in value to the married person's tax credit. Following the year of bereavement, a widowed parent with a qualifying child or children may qualify for the one-parent family tax credit of €1,630 in addition to the personal tax credit of €1,630. In addition, the widowed parent tax credit is available for the five years after the year of bereavement as follows:

Year 1 €3,100

Year 2 €2,600

Year 3 €2,100

Year 4 €1,600

Year 5 €1,100

These rates were increased to their present levels in budget 2006 having also been increased in budget 2005.

Therefore, in the first year following bereavement, a widowed parent is entitled to aggregate tax credits of €6,360, comprising a single personal credit of €1,630, a one-parent family credit of €1,630 and a widowed parent credit of €3,100. Besides the tax credits, widowed parents may also be entitled to receive a standard rate band which is €4,000 per year greater in value than the single standard band of €32,000.

I am satisfied that widowed parents receive favourable treatment under the tax code and I have no plans to further alter the structure of the widowed parent tax credit at the present time.

Bernard J. Durkan

Ceist:

311 Mr. Durkan asked the Minister for Finance if a refund of income tax is due in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15006/06]

I have been advised by the Revenue Commissioners that there is no refund due in this case for 2002, 2003 and 2004. PAYE balancing statements for these years will issue in the coming days to the taxpayer. A PAYE balancing statement for 2005 will issue shortly thereafter, following receipt of details of the taxpayer's pay and tax deducted up to the date of cessation of employment from her former employer.

Garda Stations.

Paul Kehoe

Ceist:

312 Mr. Kehoe asked the Minister for Finance the status of an application for a person (details supplied) in County Wexford; and if he will make a statement on the matter. [15052/06]

I am advised by the Commissioners of Public Works that a contract has been awarded for the refurbishment of the official accommodation at Oylegate Garda station. These works are due to commence in the next two weeks and will include the electrical rewiring of the station. With regard to plans to renovate the Garda station proper, I have been advised that there are proposals to provide universal access to the Garda station, which will involve some interior renovations. The Commissioners of Public Works will also carry out repair works to the outbuildings, which will provide additional storage space.

Decentralisation Programme.

John Cregan

Ceist:

313 Mr. Cregan asked the Minister for Finance the progress being made on the decentralisation of 50 Revenue Commissioners staff to Newcastle West, County Limerick; and if he will make a statement on the matter. [15069/06]

I am advised by the Revenue Commissioners that the Office of Public Works, OPW, has secured a suitable site for the accommodation of 50 Revenue staff due to decentralise to Newcastle West. The OPW has advised that as this is a new building the indicative timeframe for completion is end-2007. The data from the Central Applications Facility, CAF, published in September 2004, indicated that there were 108 applications for decentralisation to Newcastle West with the Revenue Commissioners. The movement of staff to Newcastle West will commence as soon as the building is available in that location.

River Maintenance.

Willie Penrose

Ceist:

314 Mr. Penrose asked the Minister for Finance if he will take steps to have the banks of the River Inny, opposite Ballycroughy, attended to as the area adjacent to the said River Inny, known as the Matt Road, is completely covered with bushes and briars, making it impossible for cattle and sheep to pass; if, in this context, same will be cleared up as it is the responsibility of the Office of Public Works to do so; and if he will make a statement on the matter. [15075/06]

The Commissioners of Public Works have responsibility, under the provisions of the Arterial Drainage Act 1945, to maintain the River Inny in proper repair and effective condition. This involves the removal of deposits from the river bed avoiding, where possible, any damage to trees, shrubs and groundcover on the banks and bank slopes. In some cases removal of vegetation on the bank is unavoidable. However, for environmental reasons, the removal of vegetation is limited to what is necessary to carry out maintenance.

The maintenance of the banks and the removal of vegetation growing on them is not the responsibility of the commissioners.

Liquor Licensing.

Joe Costello

Ceist:

315 Mr. Costello asked the Minister for Finance the number of off-licence premises in each of the Twenty-six Counties and the types of licence in each case; the number of new licences which have been granted in each county and the type of licences granted in each of the past five years; and if he will make a statement on the matter. [15187/06]

I am informed by the Revenue Commissioners that the annual licensing year ends on 30 September. I am also informed by the Revenue Commissioners that the number of off-licence premises in each of the Twenty-six Counties and the type of licence in each case, as at 30 September 2005, are as follows:

County

Spirit, Beer and Wine Retailer “Off”

Wine Retailer “Off”

Other *

Carlow

30

15

Cavan

15

44

Clare

20

43

1

Cork

117

214

Donegal

28

108

6

Dublin

331

398

17

Galway

55

173

Kerry

32

65

7

Kildare

119

35

Kilkenny

36

23

2

Laois

30

27

Leitrim

4

27

Limerick

44

73

4

Longford

9

20

Louth

32

79

Mayo

26

121

4

Meath

88

28

Monaghan

13

31

Offaly

15

28

2

Roscommon

6

37

Sligo

13

50

1

Tipperary

117

65

1

Waterford

80

36

2

Westmeath

21

42

1

Wexford

59

77

1

Wicklow

62

33

2

* Includes spirit retailer "off", spirit and wine retailer "off", spirit and beer retailer "off" and cider retailer "off".

The high number of wine off-licences arises from section 36 of the Intoxicating Liquor Act 2000, which repeals section 61 of the 1927 Act and section 28(1) of the 1962 Act, thereby allowing convenience stores and shops to sell wine off the premises. Prior to that only chemists and druggists or the holder of a spirit and beer off-licence could obtain a wine off-licence.

It has not been possible within the time available, due to the large amount of research required, to assemble the data requested in respect of new licences granted in each of the past five years. However, this data is being assembled and will be forwarded to the Deputy.

River Maintenance.

Joe Costello

Ceist:

316 Mr. Costello asked the Minister for Finance the schedule of works being carried out on the River Tolka; the works that remain to be carried out; the works that will be carried out in 2006; if the raising of the river wall along the East Wall Road is part of the works to be undertaken; the cost of the project; and if he will make a statement on the matter. [15188/06]

The Office of Public Works is on site in three locations along the River Tolka in Dublin city. Works are continuing in the Distillery Road area to complete the last section of the wall on the left bank following the vacation and demolition of the premises which had delayed completion in this area up to now. Work is also ongoing downstream of Annesley Bridge along the right bank of the river on the East Wall Road to remove vegetation and to repoint the wall.

I understand the city council is awaiting a report from its consultants on whether the wall will require raising in that area. Further decisions will be made in light of that report when received but the OPW will continue to work closely with the city council on the matter.

Construction of a new flood defence wall upstream of Glasnevin Bridge, behind the Tolka House on the left bank of the river, has almost been completed. Upon completion of these works, the widening of the channel in Griffith Park will be undertaken with the strengthening works to the wall on the right bank immediately downstream of Dean Swift Bridge. A structural survey of adjacent buildings will need to be completed before any works can commence in the area. These works are likely to last throughout the summer months.

Tax Code.

Emmet Stagg

Ceist:

317 Mr. Stagg asked the Minister for Finance the amount of redundancy payment which was exempt from taxation in 1997 and in each year up to 2006. [15189/06]

Under section 203 of the Taxes Consolidation Act 1997, statutory redundancy payments are free of income tax. Statutory redundancy payments amount to two weeks pay per year of service plus a bonus week subject to a maximum payment of €600 per week. This figure was put in place with effect from 1 January 2005. Previously, a maximum payment of £400, equivalent to €507.90, applied from 1 April 2001 and, before that again, an amount of £300, or €380.91, had been in place since the early 1990s. The payments apply to employees in insurable employment between the ages of 16 and 66 with two years' continuous service. With the implementation of commitments contained in Sustaining Progress, distinctions on age grounds which existed for the purpose of calculating entitlements have been abolished.

Ex gratia redundancy payments in excess of the statutory redundancy amount may also be free of income tax to the extent that they are covered by tax exemptions or reliefs. Section 201 of the TCA 1997 provides for an exemption from taxation of the higher of the basic exemption or the standard capital superannuation benefit. For payments made between 1 January 1997 and 31 November 1998, the basic exemption is calculated as £6,000, or €7,618, plus £500, or €635, for each full year of service. For payments made between 1 December 1998 and 31 December 2001, the basic exemption is calculated as £8,000, equivalent to €10,158, plus £600, or €762, for each full year of service. As respects payments made after 1 January 2002, the basic exemption is calculated as €10,160 plus €765 for each full year of service.

In addition, the basic exemption may be increased by an additional amount of up to €10,000 in a case where an individual is not a member of an occupational pension scheme or irrevocably gives up the right to receive a lump sum from such a scheme, or is a member of a such a scheme where the actuarial value of any lump sum entitlement from the scheme is less than €10,000. The additional amount was introduced in the Finance Act 1980 at a value of £4,000, or €5,080, and remained at that level until the end of 2001. Since 2002, the value of the additional amount has been €10,000. Prior to 2002, it was only available in the case of a first redundancy. However, this restriction was eased in the Finance Act 2002 and the additional amount may now be availed of by an individual every ten years.

The standard capital superannuation benefit, SCSB, generally benefits those with high earnings and long service. It is calculated at 1/15th of the average yearly salary, averaged over the last three years of service, per complete year of service, less any tax free lump sum which is received or receivable under any approved or statutory pension scheme, or which the individual has an option to receive in the future under such a pension scheme. The structure of SCSB has not changed since 1997.

If an employee is liable to tax on any of his or her ex gratia redundancy payment an additional relief known as “top slicing relief” may be due. This means that any amount liable to tax is charged, not at the taxpayer’s marginal rate for the year in which the payment is made, but at an average tax rate calculated by reference to the previous three years. Prior to 2005, the average tax rate was calculated by reference to the previous five years. Top slicing relief can only be claimed by way of repayment after the end of the year of assessment.

River Maintenance.

Dan Neville

Ceist:

318 Mr. Neville asked the Minister for Finance if the Office of Public Works will include in its maintenance programme sections of the River Deel one mile each side of the Deel bridge at Rathkeale town. [15190/06]

The Commissioners of Public Works propose to carry out the necessary maintenance works on the sections in question of the River Deel during the coming summer months when there are low flows in the river.

Grant Payments.

Pat Breen

Ceist:

319 Mr. P. Breen asked the Minister for Finance when he intends to approve the revised costings structure increase sought in the standard national costings used by the Department of Agriculture and Food in calculation of farm building grants; and if he will make a statement on the matter. [15274/06]

I assume the Deputy is referring to standard costs for the farm waste management and other related schemes. This is a matter for my colleague, the Minister for Agriculture and Food, who will comment at the appropriate time.

Tax Code.

Arthur Morgan

Ceist:

320 Mr. Morgan asked the Minister for Finance the enforcement procedures which exist in respect of the obligation on employers to issue a P45 to employees when they leave a job; if his attention has been drawn to a growing number of instances where employers have refused to issue a P45 to employees when they leave their employment; and if he will make a statement on the matter. [15292/06]

I am informed by the Revenue Commissioners that a form P45 is required, under PAYE regulations, to be given by an employer to an employee on cessation of employment. This form certifies the employee's pay, tax and PRSI contributions from the start of the tax year to the date of cessation and also certifies that the deductions have been made in accordance with the instructions given by Revenue. If an employee does not get a form P45 when leaving, he or she should ask the employer for one and repeat the request if necessary. If the employer still fails to give the P45, the employee should notify their local Revenue office in writing that they have failed, after several attempts, to get a P45 and the matter will be followed up quickly by Revenue with the employer. Without a P45, an unemployed person will be unable to claim social welfare benefits or a refund of tax during unemployment.

The Revenue Commissioners state that they are aware of an increase in the number of instances where employers have failed to issue P45s to employees when they leave their employment. However, I understand that most such cases are resolved quickly following intervention by Revenue. Where the problem persists, an employer who fails to issue a P45 may be subject to civil penalties under section 987 of the Taxes Consolidation Act 1997 for breach of the PAYE regulations, or may be charged with a Revenue offence under section 1078 of the same Act for failing, without reasonable excuse, to issue a required certificate or notification.

Departmental Correspondence.

John Perry

Ceist:

321 Mr. Perry asked the Minister for Finance if he received correspondence of 6 April 2006 regarding a person (details supplied) in County Sligo; and if he will make a statement on the matter. [15347/06]

The letter in question has been received and the position is being examined. A reply will issue at an early date.

Flood Relief.

Bernard J. Durkan

Ceist:

322 Mr. Durkan asked the Minister for Finance the position in regard to negotiations between Kildare County Council and his Department in the matter of the facilitation of the required flood alleviation works at Mill Lane, Leixlip, County Kildare; and if he will make a statement on the matter. [15436/06]

Emmet Stagg

Ceist:

329 Mr. Stagg asked the Minister for Finance, further to Parliamentary Question No. 161 of 6 April 2006, when the catchment flood risk assessment for the Rye River will commence; the likely time for completion of the report; and the studies which it has been agreed that Kildare County Council will carry out in the interim. [15559/06]

I propose to take Questions Nos. 322 and 329 together.

The Office of Public Works has agreed to undertake a local catchment flood risk assessment and management study for the Rye river, encompassing the towns of Leixlip, Maynooth and Kilcock. This will ultimately form part of a catchment flood risk assessment and management study for the entire Liffey catchment, which it is planned to undertake at a later stage. The OPW agreed to prioritise this section of the study at the request of Kildare County Council in light of the existing flood risk and development pressure in the area. Work will commence as soon as possible.

Catchment flood risk assessment and management plans provide a strategic overview of a river catchment and a context within which decisions on the most appropriate measures to manage existing and potential flood risk can be made. It is expected that it would take approximately 18 months to complete such a study of the Rye.

Kildare County Council is currently continuing with studies under way by ESBI in Leixlip and environs. The content of these studies is a matter for the local authority as they were not undertaken at the behest of OPW. In the context of this arrangement the Commissioners of Public Works will be willing to consider with Kildare County Council whether elements of work recommended by the studies could be regarded with reasonable certainty as likely to be compatible with the recommendations of the Rye CFRAM study. The OPW is willing to consider providing funding to Kildare County Council to carry out such works if they can be shown to be economically and environmentally sustainable.

Garda Stations.

Bernard J. Durkan

Ceist:

323 Mr. Durkan asked the Minister for Finance the position in regard to the provision of the proposed new Garda station in Leixlip, County Kildare; if full and final agreement has been reached in respect of the site in question; if other sites are also being considered at this time; if other offers have been made in respect of a site or sites; when he expects the building works associated with the new station will proceed; and if he will make a statement on the matter. [15438/06]

An independent architectural report, having regard to the submissions received in respect of planning consultation under part 9, is under consideration by the Commissioners of Public Works. It is expected that a decision will be made shortly. The site on which it is proposed to build the new Garda station is in full State ownership. No other sites are currently being considered.

Site Acquisitions.

Bernard J. Durkan

Ceist:

324 Mr. Durkan asked the Minister for Finance the state of negotiations with regard to the acquisition of a proposed site for a school (details supplied) in County Kildare; if his attention has been drawn to the dangerous location of the present school and the urgent need to take the necessary steps to expedite procedures with a view to early agreement on the proposed site and identification of a possible date for the earliest possible start-up date. [15441/06]

I refer to my response to Parliamentary Questions Nos. 153 and 158 of 6 April 2006. The updated position remains unchanged.

Emmet Stagg

Ceist:

325 Mr. Stagg asked the Minister for Finance if the contract documents for the purchase of a site for a school (details supplied) in County Kildare are near resolution. [15542/06]

I refer to my response to Parliamentary Question No. 159 of 6 April 2006. The updated position remains unchanged.

Garda Stations.

Emmet Stagg

Ceist:

326 Mr. Stagg asked the Minister for Finance if the new Garda station in Derrinturn, County Kildare, is ready for occupation. [15543/06]

The new Garda station in Derrinturn, County Kildare, was completed on 20 April 2006 and will be handed over to the Garda this week.

Schools Refurbishment.

Emmet Stagg

Ceist:

327 Mr. Stagg asked the Minister for Finance if, in view of the fact that planning permission was granted on 27 March 2006, tenders have been received for the roof repairs to a school (details supplied) in County Kildare; and if it is still the intention to carry out the works in the summer of 2006. [15544/06]

Tenders for the contract for the roof replacement works at the school in question are due on 8 May 2006. It is intended that works on the project will commence this summer.

Garda Stations.

Emmet Stagg

Ceist:

328 Mr. Stagg asked the Minister for Finance if the board of the Office of Public Works has made a final decision on the new Leixlip Garda station; the decision reached; and when construction will commence. [15545/06]

The Commissioners of Public Works have not yet reached a decision in respect of the new Garda station in Leixlip, County Kildare. An independent architectural report, having regard to the submissions received in respect of planning consultation under part 9, is under consideration. A decision is expected shortly.

Question No. 329 answered with QuestionNo. 322.

Legal Services.

Ruairí Quinn

Ceist:

330 Mr. Quinn asked the Minister for Finance if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15765/06]

In general, my Department uses the Office of the Attorney General and the Office of the Chief State Solicitor for legal services. However, my Department has engaged outside legal advisers in circumstances requiring legal advice of a specific and-or specialist nature.

The following table shows the amounts paid by my Department in 2004 and 2005 to outside legal advisers.

Legal Adviser

Purpose of contract

2004

2005

McCann Fitzgerald Solicitors

Secondment of a solicitor to assist in relation to legal matters arising within my Department.

77,407

0

Matheson Ormsby Prentice

Advice on the terms & conditions of contracts for the purchase of electricity by a number of Departments and public sector bodies.

12,233

0

Denis Kelleher BL

Drafting of Statutory Instrument.

2,178

0

A&L Goodbody Solicitors

Development of the standard terms of a contract for civil engineering works projects and associated guidance.

55,524

557,556

A&L Goodbody Solicitors

Legal advice in relation to the sale of ACC Bank.

79,631

182,468

McCann Fitzgerald

Drafting of conditions of engagement for construction related services and a price variation clause for construction contracts.

0

85,184

Michael M. Collins S.C.

Advice in relation to a discovery order from the Commission to Inquire into Child Abuse.

0

968

A&L Goodbody Solicitors

Compilation of a compendium of Public Private Partnership contractual terms and conditions.

0

151,148

Ruairí Quinn

Ceist:

331 Mr. Quinn asked the Minister for Finance the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15779/06]

I have been informed by the bodies concerned that the following is the position as regards the number of legal advisers and other qualified lawyers employed in a professional capacity by State bodies under the aegis of my Department.

Name of the body

No. of internal legal advisers

National Treasury Management Agency

12 — of which one on National Development Finance Agency work, nine on State Claims Agency work.

Central Bank and Financial Services Authority of Ireland

11

Ruairí Quinn

Ceist:

332 Mr. Quinn asked the Minister for Finance if his Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the 1997 report of the review into the law offices of the State that legal advice should be given to the Government only by the Attorney General and his office. [15793/06]

My Department does not have a legal adviser of its own. Legal advice to my Department is provided by the Office of the Attorney General and the Chief State Solicitor's office.

In the Office of the Revenue Commissioners, the Revenue solicitor predates the foundation of the State and the Revenue Commissioners Order of 1923. Currently, the office has a staff of 14 solicitors, 16 law clerks and 12 support staff. The Revenue solicitor provides all legal advice and services to the Revenue Commissioners. Names of all serving staff can be provided if required.

The Office of Public Works does not retain its own legal advisers but has a service level agreement in place with the Chief State Solicitor's office. The OPW also avails of advice from the Office of the Attorney General as appropriate.

The Office of the Ombudsman and the Office of the Information Commissioner employ Mason, Hayes and Curran for the purposes of obtaining legal advice as necessary, and in the provision of legal services to the offices for appearances before the High Court and Supreme Court, where required.

The offices are mindful of the recommendation in the 1997 report of the review group into the law offices of the State that legal advice should be given to the Government only by the Attorney General and his office. However, the Ombudsman and the Information Commissioner are statutorily independent of Government. The Ombudsman investigates complaints against Departments and other public bodies and makes recommendations for redress as appropriate; the Information Commissioner reviews decisions of Departments and public bodies in matters relating to the Freedom of Information Acts 1997 and 2003. In view of the offices' functions and independence, it is appropriate for them not to use the services of the Attorney General, given that he frequently advises Departments on complaints and FOI matters which are the subject of investigation by the Ombudsman and the Information Commissioner.

The Valuation Office does not have its own legal adviser. There are no legal advisers in the State Laboratory. The Public Appointments Service does not have its own legal advisers.

The Office of the Commission for Public Service Appointments does not have a post of legal adviser. However the office has retained the services of Matheson Ormsby Prentice to provide it with legal advice as required. As the commission is an independent office it does not consider it appropriate to use the services of the Attorney General for legal advices.

Broadcasting Policy.

Bernard J. Durkan

Ceist:

333 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his preferred options for the broadcasting of all sporting events here; if he expects or intends to influence free to air transmission; and if he will make a statement on the matter. [15425/06]

The television without frontiers directive provides that member states of the European Union may designate certain sporting and cultural events as being of major importance to society and that events so designated should continue to be available on a free television service. It is a matter for each individual member state to decide whether or not to draw up a list.

In March 2003 the then Minister for Communications, Marine and Natural Resources made an order designating certain sports events as events of major importance to society for which the right of a qualifying broadcaster to provide coverage on a live or deferred basis should be provided in the public interest. The order was made in accordance with the provisions of the Broadcasting (Major Events Television Coverage) Acts 1999 to 2003 and was designed to ensure that specified events would continue to be available on a free to air and universal basis in Ireland.

Section 9 of the Broadcasting (Major Events Television Coverage) (Amendment) Act 2003 requires me to carry out a review of designated events not later than three years after the passing of the 2003 Act, that is to say not later than April 2006. Following a public consultation process on the matter and detailed consideration of all the circumstances, I have decided to continue the designation of all the events designated in 2003 and not to add any additional events to the list.

Electricity Generation.

Eamon Ryan

Ceist:

334 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources his views on calls for the provision of more detailed information on customers’ electricity bills, which could show the public service levy or credit that is applied to different energy resources; and his further views on whether the public service levy for wind power is being used to subsidise peat generated power under the current support system. [14401/06]

In accordance with the Electricity Regulation Act 1999 (Public Service Obligations) Orders, public service obligations have been placed on the ESB regarding the availability of electricity produced using indigenous peat, electricity produced using renewable, sustainable or alternative forms of energy and electricity produced using peaking generation units. The orders provide for the recovery, by way of a levy on final customers, of the additional costs including a reasonable rate of return on the capital represented by such costs, where appropriate, incurred by the ESB in complying with the orders. The levy is estimated, calculated, adjusted, collected, monitored, certified, accounted for and paid in accordance with the provisions of the orders. The Commission for Energy Regulation, CER, is responsible for the computation of the basis of the amount of levy payable in each year and for the approval of the procedures for the collection and payment of the levy amounts. Information regarding the levy is included on all bills to customers.

The European Communities (Internal Market in Electricity) Regulations 2005 make provision for suppliers to provide reliable information on all bills and promotional materials sent to customers regarding the contribution of each energy source to the overall fuel mix of the supplier concerned over the preceding year. In addition, the provision of information regarding environmental impact of electricity produced from that fuel mix is required. I am advised by the CER that it is working with the settlement system administrator, SSA, to develop a methodology for the central calculation of the fuel mix of suppliers. In March the CER published a consultation document setting out its proposals for the calculation of the fuel mix for each supplier until the commencement of the single electricity market in July 2007. The CER plans to issue a decision paper shortly following a review of the comments received.

I am advised by the CER that there has been no cross-subsidisation by wind power of peat generated power under PSO arrangements.

Telecommunications Services.

Pat Breen

Ceist:

335 Mr. P. Breen asked the Minister for Communications, Marine and Natural Resources if his Department will provide financial backing for Clare County Council’s proposal to upgrade broadband facilities in Ennis; when he expects the project and similar projects in Shannon and Kilrush to get the go-ahead and become operational; the cost of the respective projects; and if he will make a statement on the matter. [14438/06]

The provision of telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised market, regulated by the Commission for Communications Regulation, ComReg, the independent regulator. The Department's regional broadband programme is addressing the infrastructure deficit by building high-speed, open access broadband networks, in association with the local and regional authorities.

In planning the current phase, phase 2, of the MANs programme, a review of the availability of DSL broadband in the regions showed that over 90 towns with a population of 1,500 and above were not being offered a broadband option by the private sector. These towns were selected for investment under phase 2 of the MANs programme. A number of regional towns, including Ennis and Shannon, already had DSL broadband on offer from the service providers, so priority was given to the provision of essential broadband infrastructure in those towns where none existed.

Kilrush will have MAN constructed under this phase. Project managers have been appointed and the detailed design stage is now under way. Construction is expected to start over the coming months. The estimated cost of the projects in Kilrush is €1.35 million and the Department will be providing grant aid of 90%. This network should be completed within 12-18 months. Neither Ennis nor Shannon is part of the current roll-out but may be included in further phases subject to the necessary approvals and Exchequer funding being made available.

Broadband is already available in Ennis and Shannon. The Department's sponsored website, www.broadband.gov.ie, which facilitates consumers trying to locate broadband service providers in their area, lists 12 internet service providers offering broadband on digital subscriber line, DSL, one company offering it via wireless and 11 satellite broadband providers.

Alternative Energy Projects.

Eamon Ryan

Ceist:

336 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the training requirements which are being considered for approval of plumbers as installers of solar panels under the new domestic renewable energy grant scheme; his views on the time difficulty that existing plumbers might experience in attending such a training programme; his response to industry operators who argue that the installation of such systems is a relatively simple matter for a qualified plumber and that training requirements should be delivered on a flexible basis. [14442/06]

Eamon Ryan

Ceist:

337 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the number of houses he expects will take up the domestic solar panel heating grant scheme; and the long-term strategy for promoting such systems in new and existing Irish homes. [14443/06]

I propose to take Questions Nos. 336 and 337 together.

The domestic grants scheme is being rolled out on behalf of my Department by Sustainable Energy Ireland, SEI. Verification of an installer's qualifications is the responsibility of each applicant but SEI requires that applicants must use installers who have registered with SEI. From quality assurance and safety perspectives, this requirement is critical to the scheme. It is open to any installer to request that they be placed on SEI's list. Installers who wish to register must sign a statement of compliance indicating willingness to comply with directions resulting from any inspections of appliances, willingness to agree to dispute resolution between installers and consumers, and provision of a valid tax clearance certificate. The installer may also provide information on a voluntary basis, including case studies detailing previous installations, customer references and details of training and relevant certification in the installation of renewable technologies. I do not agree that installation of renewable technologies is relatively simple.

The availability of trained and certified installers is a crucial element of the quality assurance mechanism of the programme and SEI is also working to develop and establish courses for the training and certification of installers. As a first step, SEI and Action Renewables in Northern Ireland are undertaking a joint INTERREG-funded initiative, which provides for the development and delivery of renewable energy installer training courses in the INTERREG region. The first training courses under the programme are already under way. This will provide a platform to support the further development of a national training and certification infrastructure, which will be sufficiently flexible to allow access for existing installers. Once the relevant infrastructure is in place, it is the intention that all installers will avail of certification from a recognised training course or body to remain on the list. I expect industry operators and their representatives to engage in discussion with SEI about the operation of the training schemes and the requisite standards.

The scheme is being rolled out over a five-year period and it is anticipated that it will support the conversion to renewable energy in over 10,000 homes. It is too early to determine the number of houses that will avail of the grants specifically for solar heating. The programme is designed to stimulate the market for renewable energy products in the domestic sector and is part of a wider policy imperative to increase public awareness and uptake of sustainable energy. Solar energy is an important part of policy development in the built environment and is also assisted through SEI's house of tomorrow programme, which is targeted at housing developers.

Official Engagements.

Bernard Allen

Ceist:

338 Mr. Allen asked the Minister for Communications, Marine and Natural Resources the details of his travels abroad for the St. Patrick’s Day celebrations; the people who travelled with him in the official party; the duration of the visit; and the cost. [14498/06]

I represented the Government in Seattle, Washington, on 17 and 18 March. During the visit I took the opportunity to advance Ireland's economic interests, meet with influential political representatives and the broad Irish community and engage in cultural events. I met various business, political and Government representatives to exchange views on matters relating to energy and communications policy and other issues of mutual interest.

My work schedule included a series of business meetings with a range of prominent companies including, among many others, Microsoft, Palm Treo, Verizon, Logitel Corporation, Western Wireless, Speakeasy, Amazon and Starbucks. My itinerary also included meetings with Senator Erik Poulsen, Senator Lloyd Levine, Assemblyman Guy Houston and the Seattle Irish immigrants support group. I also engaged with the broad Irish community and their representatives through my involvement in the St. Patrick's Day festivities, including the official parade, the Friends of St. Patrick dinner and the St. Patrick's Day mass. There were four officials in my delegation, a private secretary, a policy co-ordinator, an assistant secretary for communications and a press adviser.

The trip was part of a wider programme of events in the US but the cost of the St. Patrick's Day celebration leg of the journey is estimated at €4,492.68.

Road Network.

Michael Ring

Ceist:

339 Mr. Ring asked the Minister for Communications, Marine and Natural Resources if planning permission is needed for a local authority for work at a slipway in County Mayo; and, if not, the way in which his Department can be sure of the works which are being carried out. [14629/06]

As matters relating to the planning process fall within the remit of my colleague, the Minister for the Environment, Heritage and Local Government, I refer the Deputy to the reply given by him to Parliamentary Question No. 586 of 4 April 2006.

Telecommunications Services.

Paul Connaughton

Ceist:

340 Mr. Connaughton asked the Minister for Communications, Marine and Natural Resources if it is possible for a group broadband scheme to be launched in the Craughwell area of County Galway, similar to those in the Monaghan, Carrickmacross, Dundalk, Drogheda and Cavan areas; and if he will make a statement on the matter. [14745/06]

The Athenry-Craughwell group broadband scheme was launched in March 2006. The recent event relating to Monaghan, Carrickmacross, Dundalk, Drogheda and Cavan was the launch of the open access metropolitan area networks, MANs.

Gas Supply.

Bernard J. Durkan

Ceist:

341 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the full cost to the economy here of not having a fully liberalised gas market in line with the EU gas market, in view of the recent announcement by the British Chancellor of the Exchequer that liberalisation of the gas market is costing the UK £10 billion and that Ireland tracks UK prices; the actions the Government will take to address the issue; and if he will make a statement on the matter. [14776/06]

As a peripheral market on the edge of Europe, Ireland supports the development of an open, transparent and competitive single energy market, which delivers secure supplies of electricity and gas at competitive prices, in the interests of consumers.

The recent statement by the British Chancellor of the Exchequer, Mr. Gordon Brown, was made in response to a parliamentary question in the House of Commons. Chancellor Brown's stated concerns relate to the absence of sufficient liberalisation and competition in the wider EU market where the UK is increasingly sourcing gas as the North Sea gas fields deplete. In the national context, Ireland is moving towards a fully liberalised gas market, in line with the objective of competition in the interests of the consumer. Measures continue to come on stream to achieve this end. Under provisions outlined in the Energy (Miscellaneous Provisions) Bill 2006, currently with this House for consideration, it is proposed to extend the gas market to domestic customer level. This will enable all customers to shop around for their natural gas supplier and the market will be fully contestable. The legislation proposed includes a commencement provision which ensures that the market will be fully open no later than the 1 July 2007 deadline set by EU Directive 2003/55/EC.

In SI 760/2005, which further implemented national and EU policy on the development of the gas market, provision was made for the legal unbundling of the transmission and distribution system operations of Bord Gáis Éireann, BGE. Under the provisions of this statutory instrument, BGE is required to establish a subsidiary company with responsibility for management of the natural gas transmission and distribution grid. This will further facilitate the operation of third party players in the market. The unbundling process is under way.

Fishing Industry Development.

Enda Kenny

Ceist:

342 Mr. Kenny asked the Minister for Communications, Marine and Natural Resources the funding mechanisms which are available for local game angling clubs to carry out development and enhancement work, for example regeneration of spawning grounds; and if he will make a statement on the matter. [14799/06]

Under the Fisheries Acts, primary responsibility for the management, conservation, protection, development and improvement of inland fisheries rests with the regional fisheries boards. Development and enhancement works on spawning grounds is an operational matter for the relevant regional fisheries board, the cost of which must be met from its annual funding allocation. Local angling clubs, fishery owners etc. are encouraged to work closely with the fisheries boards.

There are no other funding mechanisms for such works available through the Department.

Television Licence Fee.

Róisín Shortall

Ceist:

343 Ms Shortall asked the Minister for Communications, Marine and Natural Resources if a television licence must be paid where a person owns no television set but where they receive broadcasts by downloading from the internet; if so, the statutory basis for same including the statutory reference; when he last reviewed the definition of a television set used in legislation; when he intends amending same to reflect technological advances; and if he will make a statement on the matter. [14815/06]

Róisín Shortall

Ceist:

344 Ms Shortall asked the Minister for Communications, Marine and Natural Resources his strategy for future television licence fee revenues for RTE in view of technological advances which continue to expand the range of devices capable of receiving broadcasts but for which no fee is collected; and if he will make a statement on the matter. [14816/06]

I propose to take Questions Nos. 343 and 344 together.

Section 1 of the Wireless Telegraphy Act 1972, as amended by section 2 of the Broadcasting and Wireless Telegraphy Act 1988, provides the current statutory definition of devices requiring a television licence. It states: "Television set means any apparatus for wireless telegraphy capable of receiving and exhibiting television programmes broadcast for general reception (whether or not its use for that purpose is dependent on the use of anything else in conjunction therewith) and any assembly comprising such apparatus and other apparatus." While many people associate the concept of a television set with the traditional box in the corner of their sitting room, the current statutory definition incorporates computers with cards capable of receiving television broadcasts. However, a computer that can access the internet but is not capable of receiving broadcast television programmes does not meet the statutory definition of a television set and, as a consequence, does not require a television licence.

The issue of whether or not the current statutory definition continues to be germane, given the many technological developments that have occurred since the enactment by the Oireachtas of the Act of 1988, is being examined in the context of development of the legislative proposals that will form the basis of the proposed broadcasting Bill. It is anticipated that these legislative proposals will be published in the coming months.

Fishing Industry Development.

Brian O'Shea

Ceist:

345 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources the discussions he has had with the Marine Institute in regard to the provision of salmon counters and smolt tagging in the Southern Regional Fisheries Board area; and if he will make a statement on the matter. [14879/06]

I have not had direct discussions with the Marine Institute regarding the provision of salmon counters. The Department wrote recently to the Marine Institute and the Central and regional fisheries boards requesting that they review the current arrangements in respect of the operational, data management and quality assurance issues for the national fish counter management programme. I expect this review to be completed shortly so that an enhanced national management programme will be established, within available resources, to be carried out by the regional fisheries boards in partnership with the Marine Institute in an efficient and cost effective manner.

I refer the Deputy to my answer to Parliamentary Question No. 270 of 4 April 2006 in which I outlined the smolt tagging programme being operated by the Marine Institute and the Southern Regional Fisheries Board on the River Suir.

Brian O'Shea

Ceist:

346 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the fact that the Southern Regional Fisheries Board has almost 30% of Ireland’s salmon production capacity with only 10% of the salmon quota; his views on whether this is equitable; and if he will make a statement on the matter. [14880/06]

The Southern Regional Fisheries Board comprises four of Ireland's largest river systems, namely, the Suir, Nore, Barrow and Munster Blackwater. By size of available habitat alone, the region should produce 30% of Ireland's salmon stock. Unfortunately, the salmon stocks in the rivers of this region are not meeting their conservation limit and are not reaching their full productive potential. The advice of the scientific committee, if it were to be applied in 2006, was that only 1% of the national quota should be allocated to the districts of the Southern Regional Fisheries Board to assist in the recovery of the fishery. However, I am advised that poor water quality in the region is a significant impediment to salmon production and, if not addressed, may reduce the region's ability to fully rebuild the stocks to these levels.

The National Salmon Commission recommended that national and district total allowable catches and quotas be aligned with the scientific advice in 2007, and considered that the management regime adopted for 2006 should be designed to move toward this. It determined, therefore, that the total allowable commercial catch for the Lismore and Waterford districts of the southern region would be set, on the basis of the recommendations of the NFME, at 9,600 fish or 65% of the 2006 quota. Catch reductions are to be implemented in all regions in 2006, sufficient to ensure the fishery remains within the national conservation limits specified by the standing scientific committee.

The Deputy will be aware that I announced on 24 March that I had decided to adopt the recommendations made to me by the National Salmon Commission for 2006, which involves reductions in the quota available to both commercial fishermen and anglers in 2006. In doing so I have reaffirmed the Government's commitment to fully align with the scientific advice provided on the management of the wild salmon fishery by 2007.

Brian O'Shea

Ceist:

347 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources the position regarding the abolition of the regional fisheries boards; and if he will make a statement on the matter. [14881/06]

The Deputy will be aware that details of the Government's policy for the restructuring of the inland fisheries sector, which are based on the recommendations contained within the report by Farrell Grant Sparks following their review of the sector, were published last November. The Government has decided that a fundamental restructuring of the sector is required. It considered that this reform would result in a better model for the State's role in the sector, better resource management, more and better involvement of stakeholders, better corporate governance and value for money.

As the first step in the reform process, the Government has authorised the drafting of a Bill to establish a national inland fisheries authority, which will subsume the executive functions of the Central and regional fisheries boards. The current fisheries boards will be transformed into regional advisory boards. These statutory bodies will focus on regional issues and will be widely consulted on the detailed implementation of the second phase in the restructuring process. I hope to have the legislation necessary for the establishment of the national inland fisheries authority and regional advisory boards enacted by the end of this year. Naturally, this timeframe depends on the complexity of the legislation currently under development and competing priorities in the legislative calendar for 2006.

John Perry

Ceist:

348 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if an application has been made from a fish farm company (details supplied) to renew its licences in Newport Bay, County Mayo; if said application has been approved; how closely he monitors companies with fish farm licences once they have been approved; and if he will make a statement on the matter. [15296/06]

The Department is considering an application from the company in question for renewal of aquaculture licences that it holds in respect of sites in Clew Bay, County Mayo. The process is at an advanced stage, having gone through the full consultation procedures, and it is expected that a decision will be made shortly.

Monitoring and inspection of fish farms is carried out by the Department with the advice and assistance of the Marine Institute. Each marine finfish farm is inspected 14 times a year by Marine Institute staff as part of the system for the monitoring and control of sea lice. In addition, the Marine Institute monitors fish health, which involves at least one inspection of each farm annually. Fish are also subject to a sampling and monitoring programme for residues. The Department's engineering staff also carry out inspections of fish farms to monitor the physical aspects of fish farm operations, including location and positioning, navigational lighting and marking, the condition of structures and their impact, if any, on the surrounding area.

David Stanton

Ceist:

349 Mr. Stanton asked the Minister for Communications, Marine and Natural Resources if a review of draft net fishing methods has been undertaken; if so, his views on same; and if he will make a statement on the matter. [15297/06]

The standing scientific committee of the National Salmon Commission has indicated that mixed stock fisheries pose particular threats to the status of individual stocks and that fisheries operated in estuaries and rivers are more likely to fulfil national requirements and international obligations. In this context the national fisheries management executive has identified a range of pilot projects to facilitate the exploitation, in a sustainable manner, of the surplus of salmon destined for Irish rivers within the parameters laid down by the precautionary principle. These projects, the feasibility of which is currently being evaluated by the Department in conjunction with the fisheries boards and the Marine Institute, should yield important information about the commercial and recreational fishery to guide policy toward restoring salmon stocks in threatened catchments while permitting the harvest of salmon where stocks are abundant.

Pension Provisions.

David Stanton

Ceist:

350 Mr. Stanton asked the Minister for Communications, Marine and Natural Resources his views on the upgrading of the pension of a person (details supplied) in County Cork in view of the recent changes in salary scale and the person’s years of service; and if he will make a statement on the matter. [15412/06]

The individual concerned is a former harbour master who retired in 2000. In 2004, the harbour master salary was upgraded on the basis of changes in the requirements of the post. In accordance with present pensions policy, an upgrading on the basis of changes in job requirements is not applicable to staff who retired prior to the effective date of the upgrading. The upgrading of the harbour master salary referred to is, therefore, not applicable to harbour masters who retired prior to 18 March 2004, the date of the upgrade sanction.

Legal Services.

Ruairí Quinn

Ceist:

351 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15766/06]

In the time available, it has not been possible to identify and assemble the information requested. I will revert to the Deputy when I am in a position to issue a final reply.

Ruairí Quinn

Ceist:

352 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15780/06]

The employment of legal advisers or lawyers by State bodies under the aegis of my Department is a matter solely for those bodies and I have no function in that regard.

Ruairí Quinn

Ceist:

353 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources if his Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the 1997 report of the review of the law offices of the State that legal advice should be given to the Government only by the Attorney General and his office. [15794/06]

My Department does not retain its own legal adviser. It avails of the services of the Office of the Attorney General in this regard.

Diplomatic Relations.

Finian McGrath

Ceist:

354 Mr. F. McGrath asked the Minister for Foreign Affairs if he will invite the Cuban President to Ireland in 2006; and if he will build and develop the relationship between Cuba and Ireland. [14233/06]

There are no plans for ministerial or State visits between Cuba and Ireland at this time. Our programme of visits, both outward and inward, is kept under review on an ongoing basis.

Relations between Ireland and Cuba have developed in recent years, particularly since the establishment of diplomatic relations in 1999. Our ambassador in Mexico City is accredited to Cuba. In 2001, Cuba established a resident embassy in Dublin, which has been headed by a resident ambassador since October 2005. Prior to that the embassy was headed at chargé d'affaires level, with the Cuban ambassador to Ireland resident in London. The chargé d'affaires and subsequently the ambassador have been and continue to be extremely active in seeking to promote links between the two countries based, inter alia, on people-to-people contact and cultural activities and many Irish people have visited Cuba in recent years.

I welcome these developments and I wish to see the bilateral relationship between Ireland and Cuba develop further. Unfortunately, the ongoing large-scale violation of human rights in Cuba and the unacceptable attitude of the Cuban Government toward the resident EU embassies in Havana are a serious impediment to the further development of relations with Cuba. Large numbers of prisoners of conscience are still in detention in Cuba and its government continues to refuse to co-operate fully with the personal representative of the United Nations High Commissioner for Human Rights.

On 13 June 2005 the EU General Affairs and External Relations Council reaffirmed the validity of the 1996 common position on Cuba, and reiterated that constructive engagement remains the basis of the EU's policy toward Cuba. The EU's objective in its relations with Cuba, as set out in the common position, is to encourage a process of transition to a pluralist democracy and respect for human rights and fundamental freedoms, as well as sustainable recovery and improvement in the living standards of the Cuban people. The Council conclusions also emphasised the importance which the Union attaches to dialogue in order to produce tangible results in the human rights, democratisation, civil, economic and political rights and co-operation spheres, and made clear that the EU remains open to resuming such dialogue with Cuba.

The above remains the position of the Government and of our EU partners. I again urge the Cuban Government to release prisoners of conscience and to respect internationally acknowledged principles and practices in respect of EU missions in Havana so that dialogue can be resumed. I have no doubt but that such steps by the Cuban Government would impact positively on the next evaluation of the EU common position on Cuba.

Human Rights Issues.

Finian McGrath

Ceist:

355 Mr. F. McGrath asked the Minister for Foreign Affairs if there is a secret concentration camp in Shenyang, China and if Falun Gong practitioners are being persecuted there. [14904/06]

John Gormley

Ceist:

362 Mr. Gormley asked the Minister for Foreign Affairs the action the Government intends to take regarding the ongoing and continuing persecution of Falun Gong practitioners in China in view of the latest reports that Falun Gong prisoners there are now being killed for their organs; and if he will make a statement on the matter. [14491/06]

I propose to take Questions Nos. 355 and 362 together.

I am aware of reports which circulated on this matter and, as I stated in response to a parliamentary question on 29 March, asked my Department to look into the situation as a matter of urgency and to report back to me. The Department has been making inquiries, including within the EU and UN frameworks.

I do not have confirmation of the reliability of the reports at this point. In this regard, I note a statement by a US Department of State spokesman on 14 April that officers and staff from the US Embassy in Beijing and its consulate in Shenyang have visited the area and the specific site mentioned on two separate occasions. The US Department of State spokesman indicated that in these visits its officers were allowed to tour the entire facility and grounds and found no evidence that the site is being used for any function other than as a normal public hospital.

Without prejudice to the final outcome of the above enquiries, Ireland and the EU remain concerned about the situation of Falun Gong practitioners in China and have raised our concerns with the Chinese Government on many occasions.

Human rights issues are a constant and important point of dialogue with the Chinese authorities at both bilateral and European Union level. In our bilateral exchanges, human rights concerns were raised most recently with the Chinese Government during the visit of the Minister of State at the Department of Foreign Affairs, Deputy Conor Lenihan, to China for St. Patrick's Day last month. At EU level, the EU-China human rights dialogue is the agreed formal framework through which the EU raises its concerns with China about individual human rights cases, and more general issues such as freedom of expression and the abolition of the death penalty.

At the latest round of the human rights dialogue held in Beijing on 24 October 2005 the EU raised, inter alia, the right to freedom of religion and the need for reform of the administrative detention system, including the associated re-education through labour, RTL, camps. The EU expressed particular concern in this regard for Falun Gong members and stated that reform of the RTL system is an issue of fundamental importance for the EU in the human rights dialogue. A number of Falun Gong practitioners were also included in the EU’s list of individual cases of concern which was submitted to the Chinese authorities during the dialogue. The next round of the dialogue will take place in Vienna in May.

International Agreements.

Eamon Gilmore

Ceist:

356 Mr. Gilmore asked the Minister for Foreign Affairs when he expects the ratification of the International Convention on the Rights of All Migrant Workers and their Families to be completed; and the steps which have been taken to date to ratify the Convention. [15128/06]

The rights of migrant workers and their families are already protected under existing national legislation and under the Irish Constitution, as well as under EU law. In addition, the rights of migrant workers and their families are also addressed by Ireland's commitments under international human rights instruments to which the State is already a party. These international instruments include, for example, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights.

The convention referred to in the Deputy's question was adopted by the UN General Assembly in December 1990 and it entered into force on 1 July 2003, following ratification by the requisite number of states, 20. The convention has been open for signature and ratification since December 1990. However, to date only 34 states have ratified it. No European Union member state has as yet signed or ratified the convention, nor has any indicated an intention to do so.

The position essentially is that, in order for Ireland to ratify the convention, significant changes would have to be made across a wide range of existing legislation, including legislation addressing employment, social welfare provision, education, taxation and electoral law. These changes would also have implications for our EU commitments. The operation of the common travel area between Ireland and the UK might also possibly be affected.

As with all outstanding ratifications of international human rights instruments, the position regarding the International Convention on the Rights of All Migrant Workers and their Families is kept under review.

Middle East Peace Process.

John Gormley

Ceist:

357 Mr. Gormley asked the Minister for Foreign Affairs if his attention has been drawn to a recent EU report from the Jerusalem and Ramallah heads of mission regarding east Jerusalem; his views on the decision not to publish the report; if the EU plans to act on any part of the report; and if he will make a statement on the matter. [14289/06]

I refer the Deputy to my replies to questions on this matter on 22 February and 4 April 2006. At its meeting on 21 November, the General Affairs and External Relations Council agreed that a detailed EU analysis on east Jerusalem should be prepared for adoption and publication by the council on 12 December 2005. The matter was discussed in detail at the council meeting on 12 December, but consensus was not reached on the publication of an analysis, primarily because of the domestic political developments in Israel in the intervening period.

The Middle East peace process is discussed at every meeting of the General Affairs and External Relations Council. The meetings which I attended on 7 and 21 November 2005 expressed particular concern about the implementation of Israeli policies in and around East Jerusalem, and repeated the EU position on changes to the pre-1967 borders. The EU's concerns were subsequently reaffirmed in the Declaration on the Middle East which was adopted by the European Council on 15 December 2005.

The Government and its partners in the EU remain very seriously concerned at Israeli activities in the occupied territories, including the building of settlements, house demolitions and continuing construction of the separation barrier on occupied land. These activities are contrary to international law, and to obligations under the Quartet roadmap. They threaten to undermine a solution based on the co-existence of two viable states, and likewise the possibility of a final status agreement on Jerusalem. It remains the clear position of the EU that it will not recognise any changes to the pre-1967 borders other than those arrived at by agreement between the parties.

John Gormley

Ceist:

358 Mr. Gormley asked the Minister for Foreign Affairs if his attention has been drawn to the fact that the so-called Quarter Powers, the European Union, US, Russia and the United Nations have said that a new Hamas-led Government must commit to non-violence, recognise Israel and accept peace agreements or it could lose the financial support it receives from the international community; and if he will make a statement on the matter. [14290/06]

I refer the Deputy to my reply to a question on this matter on 14 April 2006. The international community has adopted a clear and united approach in relation to the outcome of the democratic Palestinian elections on 25 January and the approval of a new Government by the Palestinian Legislative Council on 28 March. The meeting of the General Affairs and External Relations Council which I attended on 30 January emphasised that violence and terror are incompatible with the democratic process. It urged Hamas and all other factions to renounce violence, to recognise Israel's right to exist, and to disarm. The council also encouraged the formation of a Government committed to a peaceful and negotiated settlement of the conflict, based on existing agreements and on the terms of the roadmap. On the same day, the international Quartet, representing the European Union, the United Nations, the United States and Russia, set out the conditions for engagement with the new Palestinian Government. The Quartet stated that all members of a future Palestinian Government must be committed to non-violence, to recognition of Israel and to acceptance of previous agreements and obligations, including those of the roadmap.

On 30 March, the Quartet welcomed the efforts of President Mahmoud Abbas to ensure that the new Palestinian Government commits to a platform of peace, but noted with grave concern that it has not committed itself to the principles set out by the international community. The Quartet encouraged continued humanitarian assistance to meet the basic needs of the Palestinian people, but reiterated that future assistance to the Palestinian Authority will be reviewed by donors against the Government's commitment to these principles.

The most recent meeting of the General Affairs and External Relations Council, on 10 April, agreed on a review of EU assistance to the Palestinians against the new Government's commitment to the principles set out by the council and by the Quartet on 30 January. The council noted that the absence of such commitment will inevitably have an effect on direct assistance to the Government. It made clear, however, that the EU will continue to provide necessary assistance to meet the basic needs of the Palestinian population. In the review process now under way, Ireland will press for a generous and wide-ranging interpretation of what constitutes such assistance. At the same time, I would emphasise that positive movement from Hamas would greatly facilitate such an approach and would serve the interests of the people of Palestine.

The April meeting of the council also urged Israel to take steps to improve the humanitarian and economic situation of the Palestinian people, including the resumption of transfers of withheld Palestinian tax and customs revenues.

I assure the Deputy that, both nationally and in the multilateral framework, the Government will continue to do all that is within our capacity to alleviate the suffering of the Palestinian people, while taking full account of the wider political realities.

Overseas Development Aid.

John Gormley

Ceist:

359 Mr. Gormley asked the Minister for Foreign Affairs his views on whether there is sufficient evidence to suggest that Government to Government support in Ethiopia reaches the neediest of its citizens; if his attention has been drawn to the fact that international donors have withdrawn €400 million from Ethiopia following a series of massacres committed by Ethiopian armed forces against their own people; and if he will make a statement on the matter. [14294/06]

In the light of recent political developments in Ethiopia, including the loss of life and civil strife, a number of donors providing general or direct budget support to the Ethiopian Government undertook a review of this type of funding. In the light of this review, they specifically and significantly decided that they would not withdraw such assistance, estimated at €400 million, from Ethiopia, but rather that they would reallocate it to other programmes in that country.

Ireland, unlike the above donors, does not provide general or direct budget support to the Ethiopian Government. Our assistance is largely channelled through ministries or regional authorities, and is specifically earmarked for spending on basic needs programmes such as the building of schools, the training of health workers and teacher training. These activities have a direct and positive effect on the lives of thousands of poor Ethiopians, and are helping to build a basis for real and lasting change in their lives. The programmes are carefully monitored by our embassy staff on the ground, and are also externally evaluated from time to time. The programmes have also been visited by members of the Oireachtas and by the Irish Aid Advisory Board.

Human Rights Issues.

Eamon Gilmore

Ceist:

360 Mr. Gilmore asked the Minister for Foreign Affairs his views on a recent statement by the UN special rapporteur on freedom of religion or belief concerning the treatment of followers of the Baha’i faith in Iran; his further views on the rapporteurs concerns regarding a recent initiative by the Iranian authorities to monitor followers of the Baha’i faith; if he has taken or will take action on the matter. [14451/06]

Dinny McGinley

Ceist:

365 Mr. McGinley asked the Minister for Foreign Affairs if his attention has been drawn to the United Nations commissioned report on the religious freedom and treatment of the Baha’i faith in Iran; the steps he proposes to take to alleviate the difficulties being experienced by that faith in Iran; and if he will make a statement on the matter. [14539/06]

I propose to take Questions Nos. 360 and 365 together.

The statement made on 20 March by the UN Special Rapporteur on Freedom of Religion or Belief, Asma Jahangir, is the latest in a series of reports which raise serious concerns about the situation of the Baha'i community in Iran.

My Department maintains close contacts with the Baha'i community in Ireland about the situation of their co-religionists on the ground. In its contacts with the Iranian Embassy in Dublin the Department regularly conveys the Government's concerns.

Ireland has also frequently raised the situation of the Baha'i in Iran at EU level and the EU's concerns about the treatment of the Baha'i have in turn been brought to the attention of the Iranian authorities on many occasions. Ireland and its EU partners have also supported resolutions on Iran at the UN General Assembly and at the UN Commission on Human Rights. These initiatives have brought specific attention to the plight of the Baha'i in Iran.

The situation of the Baha'i community has also been raised during the formal EU-Iran human rights dialogues, the last session of which took place during the Irish Presidency of the EU in 2004. Iran has been reluctant to agree dates for a renewed session of the human rights dialogue and the dialogue has been in abeyance since that time, though consultations on the next session are ongoing.

The external relations council on 10 April 2006 issued conclusions on Iran which underlined the EU's continuing concern about human rights in Iran, in particular the treatment of the Baha'i and other religious minorities. In addition, the EU Presidency raised a number of human rights concerns directly with the Iranian Government on 11 April 2006, including the problems alluded to in the special rapporteur's statement. Ireland and the EU will remain engaged on this issue and will continue to raise it at all appropriate fora.

Arms Trade.

Ruairí Quinn

Ceist:

361 Mr. Quinn asked the Minister for Foreign Affairs if his attention has been drawn to the international campaign by non-governmental organisations such as Amnesty International, Oxfam and others, to have established in international law an arms trade treaty which will seriously control and regulate the production, sale and distribution of small arms and guns; if Ireland fully supports such measures; and if he will make a statement on the matter. [14484/06]

As I made clear in my reply to Parliamentary Question No. 143 of 22 February 2006, Ireland's support for the concept of an arms trade treaty is unqualified. The process of negotiating such a treaty is, however, likely to be lengthy and complex and it is not at this stage possible to forecast when or in what form a final text might emerge.

The General Affairs and External Relations Council of the European Union, at its meeting on 3 October 2005, acknowledged the growing support throughout the world for an international treaty to establish common standards for the global trade in conventional arms. The council also agreed that binding standards, consistent with the existing responsibilities of states under relevant international law, would be critical in tackling proliferation. It was further agreed that the United Nations was the only forum that could deliver a truly universal instrument, and the council called for the start of a formal process at the UN at the earliest opportunity. At a small arms conference in New York last January, the Austrian Presidency, on behalf of all EU member states, confirmed the European Union's support for an arms trade treaty.

In summary, Ireland fully and strongly supports the negotiation of an arms trade treaty and we will continue to participate actively within the UN and at other international fora both to try to advance this objective and, more generally, to promote the objective of strengthening arms controls globally.

Question No. 362 answered with QuestionNo. 355.

Humanitarian Aid.

John Gormley

Ceist:

363 Mr. Gormley asked the Minister for Foreign Affairs further to the worsening drought in Kenya, the fact that people living there are facing chronic food shortages and the growing fears that the situation will quickly deteriorate, the plans the Government has in place to deal with this devastating situation; and if he will make a statement on the matter. [14492/06]

Kenya and its neighbouring countries in the Horn of Africa are in the grip of a severe drought that is directly affecting up to eleven million people across the region. The drought has already killed thousands of livestock, depriving people of their livelihoods and leaving many pastoral communities destitute. It is estimated that 5 million people in Kenya alone require food aid. Over 2.5 million Ethiopians and over 2 million Somalis are directly at risk. In addition, populations in parts of Burundi, Djibouti and Eritrea are suffering the effects of the drought.

The impact of poor rainfall during the long rainy season of March-June last year was compounded by the failure of the short rains in October-December. While there has been welcome rainfall across the Horn of Africa since late March, parts of Kenya have now been affected by severe flooding, resulting in the displacement of thousands of people, damage to agricultural and grazing land and an increased risk of infectious water-borne disease.

Ireland responded promptly to this situation and to date has made emergency humanitarian funding of €7 million available to agencies working in the Horn of Africa at both regional and national levels. Of this, over €2 million has been provided to the UN world food programme and to the Irish NGOs Concern and Trócaire for emergency programmes specifically in Kenya.

The former Minister, Mr. David Andrews, is currently visiting the Horn of Africa in his capacity as Chairman of the Irish Red Cross and has kindly agreed to provide the Government with a report of the findings of his visit and his assessment of the current situation and response in the affected countries. Mr. Andrews similarly provided a report to me following his visit to Niger in August 2006. This report made a valuable contribution to programming Ireland's response to that particular emergency.

Ireland has an ongoing commitment to assist the people of Kenya in combating the causes of poverty and food insecurity. Ireland provided over €3 million in funding in 2005 to non-governmental organisations working in Kenya, including Concern, Self-Help Development International, Goal, Trócaire, Oxfam and Concern Universal. We continue to keep this situation under close review, including the effect of the recent floods on vulnerable communities in Kenya.

Official Engagements.

Bernard Allen

Ceist:

364 Mr. Allen asked the Minister for Foreign Affairs the details of his travels abroad for the St. Patrick’s Day celebrations; the people who travelled with him in their official party; the duration of the visit; and the cost. [14499/06]

I travelled to the United States from 11 to 17 March to represent the Government at promotional events in Dallas before attending the customary St. Patrick's Day ceremonies in Washington. On 17 March, I accompanied the Taoiseach to the White House for the traditional presentation of shamrock, followed by a meeting with President Bush in the Oval Office. Our discussions with the President covered Northern Ireland, immigration reform and other, including current international, issues. The Taoiseach and I also had a series of valuable meetings with key Members of Congress including Senators Biden, Clinton, Dodd, Kennedy, Leahy and McCain. We also met with Congressman Jim Walsh and members of the Friends of Ireland Group in Congress. The focus of these meetings was on Northern Ireland and immigration reform. This special opportunity, unique to Ireland, for direct and detailed dialogue with the President of the United States and his Administration, and also key players on Capitol Hill, is exceptionally valued by the Government.

My programme, in Washington, also included attendance at the American-Ireland Fund national gala dinner, the lunch hosted by Speaker Hastert, and the Ambassador's St. Patrick's Day reception. In addition, the Taoiseach and I had a very valuable meeting on immigration reform with Niall O'Dowd and Grant Lally of the Irish Lobby for Immigration Reform. I also accompanied the Taoiseach to a meeting with the Ireland-America Economic Advisory Board. Discussions with the board focused on the successes of the Irish economy, business prospects in the US and developments in Northern Ireland. The Secretary General of my Department, the Director General of the Anglo-Irish division, my press adviser and my private secretary travelled to Washington in the official party.

In Dallas, where I was accompanied by my wife, my press adviser and my private secretary, my programme included attendance at the Irish-American Society dinner, the downtown parade and a breakfast hosted by the American-Ireland Fund. I also had a briefing session with the editorial board of The Dallas Morning News, and addressed a lunch hosted by the Dallas Chamber of Commerce.

My address to the business lunch focused on the success of the Irish economy, highlighting the theme of the Irish advantage, which was also articulated by the Taoiseach and Ministers at a wide variety of events throughout the world over the St. Patrick's Day period. The importance of the Irish-American relationship, the peace process and immigration reform also featured in my remarks and discussions in Dallas. The cost of the visit, including transatlantic and internal transport and accommodation, will be approximately €51,000.

Question No. 365 answered with QuestionNo. 360.

Bernard Allen

Ceist:

366 Mr. Allen asked the Minister for Foreign Affairs the number of visits abroad made by him in 2005 and to date in 2006; the persons who travelled with him on each occasion abroad; the purpose of each visit; and the cost of each visit. [14564/06]

For the period in question, I made 60 trips involving 74 destinations. The dates, destinations and purpose of the visits abroad made by me as Minister for Foreign Affairs in 2005 and in 2006, to date, are set out in the table attached. Several of the visits in 2005 were undertaken in my capacity as Special Envoy of the Secretary General of the United Nations in connection with UN reform.

On visits abroad, I would generally be accompanied by my private secretary, a small number of officials from the divisions of the Department whose work directly pertains to the meeting or conference in question and a press officer. On occasion, I may also be accompanied by the Secretary General of the Department, and sometimes by my special adviser.

When I travelled to the countries worst affected by the tsunami disaster from 8-13 January 2005, I was accompanied on the Government jet by the heads of four Irish aid agencies — Concern, Goal, Trócaire and the Irish Red Cross — who met their own hotel and subsistence costs. Similarly, the delegation for the Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons in May 2005 included a representative of the Irish non-governmental organisation, NGO, community, who travelled at his own expense.

The total travel, accommodation and subsistence costs of Departmental personnel at HQ for the conduct of official business abroad amounted to €3.37 million in 2005. The corresponding figure for the first three months of 2006 amounted to €820,000. The analogous costs for myself and my private secretary in 2005 came to a total of €185,472; an average of €3,785 for each of the 49 visits undertaken in that year. As some of the costs relating to my recent visits abroad remain to be brought to account, the corresponding figures for the first three months of 2006 are not yet available.

As the subject of the question covers 60 visits abroad involving a diverse number of officials, I believe the Deputy will appreciate that the time and effort involved in collating the individual cost attributable to each official, for each visit, would be disproportionate.

Date

Destination

Purpose of Visit

7 January 2005

Brussels

Special General Affairs and External Relations Council (GAERC).

8-13 January 2005

Thailand, Indonesia, Sri Lanka

To assess at first hand the effects of the Tsunami Disaster.

24 January 2005

Stockholm, Helsinki.

Meetings with the Swedish and Finnish Foreign Ministers.

31 January 2005

Brussels

GAERC.

1 February 2005

London.

Meeting between the Taoiseach and British Prime Minister.

7-11 February 2005

New York, Washington.

Meetings on UN business in New York; meetings with key Irish American contacts in Washington, including on Capitol Hill, on the Northern Ireland Peace Process, immigration issues, and bilateral economic relations.

21 February 2005

Brussels

GAERC.

22 February 2005

Brussels

Meeting between EU Foreign Ministers and the US Secretary of State.

11-18 March 2005

United States

Programme of traditional St. Patrick’s Day events and promotional activities in Boston and Washington.

22-23 March 2005

Brussels

European Council.

4-7 April 2005

New York

Meetings on UN business.

14-15 April 2005

Brussels

Meeting with the Belgian Foreign Minister; meeting with the High Representative for the Common Foreign and Security Policy and Secretary General of the European Union, Mr. Javier Solana.

15-16 April 2005

Luxembourg

Informal meeting of EU Foreign Ministers (Gymnich); meeting en marge with Commissioner Ferrero Waldner.

20 April 2005

Rome, San Marino

Meeting with the Italian Foreign Minister; meeting with the Secretary of State for Political and Foreign Affairs of San Marino.

21 April 2005

Switzerland

Meeting with the Swiss Foreign Minister.

25 April 2005

Brussels

GAERC.

27-29 April 2005

Copenhagen, The Hague, Belgrade, Ljubljana and Vienna.

Meetings with the Foreign Ministers of Denmark, the Netherlands, Serbia-Montenegro, Slovenia and Austria.

2-3 May 2005

New York

To attend Non-Proliferation Treaty Conference; meeting with UN Secretary General; meetings with the Australian and Iranian Foreign Ministers.

11 May 2005

Madrid

Meeting with the Spanish Foreign Minister.

16-18 May 2005

Warsaw

Council of Europe Summit and meeting with the Polish Foreign Minister. Also meetings en marge with the Foreign Ministers of Andorra, Armenia, Azerbaijan, Georgia, Liechtenstein, and Moldova.

22-23 May 2005

Brussels

Ministerial Conclaves on Financial Perspectives and GAERC.

24-25 May 2005

Sweden

Meeting of the Euro-Atlantic Partnership Council Security Forum; meetings en marge with the Foreign Ministers of Sweden, Albania, Former Yugoslav Republic of Macedonia and with the US Under-Secretary of State for Political Affairs.

27 May 2005

Luxembourg

EU-Rio Ministerial Meeting; meetings en marge with the Foreign Ministers of Argentina and Chile.

30 May 2005

Luxembourg

Euromed Ministerial Meeting; meetings en marge with the Foreign Ministers of Algeria, Israel, Egypt, Syria and the Palestinian Authority.

31 May- 2 June 2005

New York

Special Envoys’ meetings with UN Secretary General; programme organised by the Irish Consulate General, New York, including meetings on immigration issues.

8-9 June 2005

Minsk, Budapest.

Meetings with the Foreign Ministers of Belarus and Hungary.

12-13 June 2005

Luxembourg

Ministerial Conclaves on Financial Perspectives and GAERC.

15 June 2005

London

Meeting with the DUP.

16-18 June 2005

Brussels

European Council.

22 June 2005

Brussels

Iraq Conference; meetings en marge with the Foreign Ministers of Estonia, Jordan, and Malta.

23 June 2005

Reykjavik

Meeting with the Foreign Minister of Iceland.

27 June 2005

London

Meeting of the British-Irish Intergovernmental Conference.

3-6 July 2005

Moscow, Kiev,

Meetings with the Foreign Ministers of Russia and Ukraine.

12-13 July 2005

Jerusalem

Meeting with the Israeli Foreign Minister.

13 July 2005

Ramallah

Meeting with the Foreign Minister of the Palestinian Authority.

14 July 2005

London

Annual Díon Reception.

18 July 2005

Brussels

GAERC; meetings en marge with the Foreign Ministers of Finland, France, Lithuania, Portugal, and Slovakia.

19-20 July 2005

Athens, Ankara, Larnaca.

Meetings with the Greek, Turkish, and Cypriot Foreign Ministers and with the President of Cyprus.

1-2 September 2005

Cardiff

Informal EU Foreign Ministers meeting (Gymnich).

11-19 September 2005

New York

UN Summit and UN General Assembly, including bilateral meetings with a number of Foreign Ministers; programme of bilateral events organised by the Consulate General New York.

2-3 October 2005

Luxembourg

GAERC.

18 October 2005

Luxembourg

Special GAERC.

30 October- 5 November 2005

New York and Boston

Meetings with key Irish American contacts on the Northern Ireland Peace Process, immigration reform, and bilateral economic relations.

7 November 2005

Brussels

GAERC.

21 November 2005

Brussels

GAERC.

29 November-1 December 2005

New York, Washington

Meetings on UN business in New York; meetings with Senator Kennedy and US Secretary of State Rice in Washington.

7 December 2005

Brussels

Ministerial Conclave on Financial Perspectives.

12 December 2005

Brussels

GAERC.

15-16 December 2005

Brussels

European Council.

19-20 January 2006

Riga

Meeting with the Latvian Foreign Minister and to address the opening of an economic conference.

30 January 2006

Brussels

GAERC.

1 February 2006

London

Meeting of the British-Irish Intergovernmental Conference.

22-23 February 2006

London

Meeting with the Secretary of State for Northern Ireland.

27 February 2006

Brussels

GAERC and Open Troika with the Canadian Foreign Minister.

8 March 2006

London

Meeting between Taoiseach and British Prime Minister.

10 March 2006

Salzburg

Informal EU Foreign Ministers meeting (Gymnich).

11-15 March 2006

Dallas

Programme of traditional St. Patrick’s Day events and promotional activities in Dallas area.

15-18 March 2006

Washington

Programme of St. Patrick’s Day and related events in Washington.

23-24 March 2006

Brussels

European Council Meeting.

10 April 2006

Luxembourg

Meeting of GAERC (and Development Ministers).

International Agreements.

Eamon Ryan

Ceist:

367 Mr. Eamon Ryan asked the Minister for Foreign Affairs if his Department have received a copy of any of the six regional impact assessment studies carried out for the European Commission in 1998 (details supplied); if it is the case that these studies showed the proposed economic partnership agreements will cause largely unfavourable results for ACP countries; if he will place those reports before the Houses of the Oireachtas; and if he will make a statement on the matter. [14578/06]

These studies were commissioned when the Cotonou Agreement between the EU and the African, Caribbean and Pacific, ACP, countries was being negotiated. Article 37 of that agreement expressly provides for the conclusion of Economic Partnership Agreements, EPAs, between the EU and ACP countries.

While it is true that the impact assessment studies in question highlight a number of areas of potential concern, such as weak institutional capacity and tariff revenue losses, they do not conclude that the EPAs would be largely unfavourable. Due to a number of limiting factors the studies may be said not to present a convincing case either for or against EPAs. The studies were largely desk-based, they did not cover all ACP countries and regions and complete and accurate data was difficult to obtain.

At the same time, the studies are a useful tool in that they draw attention to areas of concern. In this regard, the European Commission is committed to the ongoing review of the EPA process, through the Sustainability Impact Assessment, SIA, aspect of the negotiations. This is a project of consultation through which all stakeholders, including regional organisations, ACP representatives, civil society and business representatives, provide input.

At the General Affairs and External Relations Council in Luxembourg on 10 and 11 April, which I attended, the council invited the Commission to ensure that the scheduled review of the EPA negotiations in 2006 be formal and comprehensive. The review will be based on a regional approach and will examine both trade and development aspects of EPAs, including cross-cutting issues.

In this regard also, the Government welcomes Commissioner Mandelson's commitment to keep development at the heart of these negotiations. The Government will continue to follow the negotiations closely, and will emphasise they be conducted at all times in a manner sensitive to the needs of the ACP states. As requested, the Department of Foreign Affairs is making arrangements for the studies in question to be placed before the Houses of the Oireachtas.

Passport Applications.

Gerard Murphy

Ceist:

368 Mr. G. Murphy asked the Minister for Foreign Affairs the amount it would cost a person living in Jordan, who is entitled to an Irish passport, to take out an Irish passport through the Jordanian Consulate. [14630/06]

Passport fees are set by statutory instrument and these apply irrespective whether the applicant resides in Ireland or abroad. In the case of citizens living abroad therefore, who apply to their local embassy or consulate, the requirement is that they are charged the local currency equivalent of the relevant euro fee.

Passport fees for Jordan would be as follows: JD 62.60, €75, for the standard adult passport; JD 83.50, €100, for the large size adult passport; JD 12.55, €15, for a passport for an infant aged under three years of age; and JD 20.90, €25, for a passport for a child aged three to 17 years of age. Gratis for a passport for persons aged 65 years and over.

Diplomatic Representation.

Charlie O'Connor

Ceist:

369 Mr. O’Connor asked the Minister for Foreign Affairs the position regarding the redeveloping relationship with Lesotho following the decision in respect of the establishment of a full Irish Embassy; and if he will make a statement on the matter. [14759/06]

Lesotho has a special place in the history of Ireland's official development assistance. The Lesotho aid programme, established in 1975, was our first and for many years our largest development cooperation programme.

The upgrading of the mission in Lesotho to full ambassadorial level reflects both the significance of our present aid programme in that country and also a decision in principle to upgrade the missions in our programme countries in Africa. In this regard, four missions — Lesotho, Mozambique, Tanzania and Zambia — will be upgraded to full ambassadorial level this year.

Lesotho is one of the world's poorest countries, ranked 149 on the UN Human Development Index, HDI. Half the population lives below the poverty line, less than $1 a day, and over 30% of the adult population are living with HIV-AIDS — one of the highest rates of infections in the world. Ireland's aid programme in Lesotho is primarily directed at rural communities located in the remote mountain districts where poverty is deepest, with a clear focus on health and education. Irish Aid also assists in the improvement of basic infrastructure in rural areas — roads, footbridges, water supplies and sanitation facilities.

Irish Aid's activities in Lesotho are set out in a country strategy paper, which is agreed with the Government of Lesotho every three years. The current country strategy covers the period 2005-07. Decisions on the future direction of the programme will be based on the findings of an evaluation of the current programme to be carried out during 2007.

Human Rights Issues.

Joe Costello

Ceist:

370 Mr. Costello asked the Minister for Foreign Affairs if his attention has been drawn to the Niger Delta humanitarian crisis in which mass killings have occurred; the steps the international community is taking to deal with the issues of ethnic cleansing; if Ireland has repatriated asylum seekers to the area; and if he will make a statement on the matter. [14856/06]

While attacks against oil installations in the Niger Delta region have occurred for a number of years, and while the level and intensity of these attacks have increased significantly since the start of 2006, it would not be correct to characterise these events as mass killings or ethnic cleansing.

The growing insecurity and violence highlights long-standing problems of lack of development in the Niger Delta region and the need for greater transparency and accountability in the allocation of oil revenues. The Irish Ambassador to Nigeria has participated, together with his EU counterparts, in a number of visits to the region. The EU Ambassadors are seeking to engage local State and community leaders in dialogue in order to discuss how the problems of the Delta region can better be addressed. Federal and state authorities can also contribute to tackling the problems of the Niger Delta, through putting in place a long-term development plan for the region. On 18 April, President Obasanjo inaugurated the presidential committee on socio-economic development of the Niger Delta which brings together a panel of high level officials to recommend to him specific projects for rapid development of the region in the near future. The President promised that thousands of new jobs will be created in the oil industry, the military and the police, and that a US$1.8 billion motorway will be built.

As regards the specific violence in the region, the Movement for the Emancipation of the Niger Delta, MEND, has claimed responsibility for a series of serious incidents, including attacks against security forces and the kidnapping of expatriate oil workers. In mid-January, four police officers and eight assailants were killed in one incident. MEND is demanding the release of two local leaders, including the former Governor of Bayelsa state who is currently facing corruption charges, as well as greater local control over oil wealth and the sum of $1.5 billion for the clean up of the local environment. MEND has claimed responsibility for a car bomb attack on an army barracks in Port Harcourt in which two civilians died on 19 April. The campaign waged by MEND has contributed to a significant reduction of more than 20% in Nigerian oil production since the start of the year. Close attention must be paid to the Niger Delta situation when considering any plans for possible deployment of an EU election observation mission, in the context of next year's national elections in Nigeria.

As regards the repatriation of unsuccessful asylum applicants to Nigeria, this is an issue for which the Department of Justice, Equality and Law Reform has responsibility. Individuals so repatriated are normally flown to a major national centre such as Lagos and may subsequently remain in this national centre or travel wherever they wish within Nigeria.

European Council.

Marian Harkin

Ceist:

371 Ms Harkin asked the Minister for Foreign Affairs his views on the EU Ombudsman’s recommendations that the Council of the European Union should review its refusal to meet publicly whenever it is acting in its legislative capacity; and if he will make a statement on the matter. [14917/06]

I am aware of the European Ombudsman's recommendation regarding the Council of Ministers meeting in public. I have frequently expressed my support for greater transparency in the business of the Council of Ministers, particularly when performing its legislative functions. I would recall that Article I — 24.6 of the Constitutional Treaty provides that the Council of Ministers should meet in public when it is considering and voting on draft legislative acts. I value this aspect of the Constitutional Treaty, which can help strengthen the democratic credibility of the European Union.

The Council of Ministers has already responded to increased public interest in the functioning of the European Union by improving the transparency of its own proceedings. In December 2005, the Council of Ministers decided to take a number of practical steps to promote greater openness and transparency. As a consequence, deliberations and votes on legislative proposals governed by co-decision procedures, with the European Parliament, are to be video-streamed over the internet. This will ensure that they are available to the widest possible audience. The Council of Ministers also decided to increase the amount of non-legislative business which is to be conducted in public session. In March, policy debates in the environment, competitiveness, employment and transport councils were held in public session. There is also agreement that the Council of Ministers will review these new arrangements and I hope that this will lead to a further opening up of the business of the Council of Ministers to active public scrutiny.

Passport Applications.

Michael Lowry

Ceist:

372 Mr. Lowry asked the Minister for Foreign Affairs if a passport can be issued to a person (details supplied); and if he will make a statement on the matter. [15259/06]

Only an Irish citizen is entitled to be issued with an Irish passport. The person, to whom the Deputy refers, is not entitled to Irish citizenship through descent as neither of her parents was an Irish citizen at the time of her birth. Under the Irish Nationality and Citizenship Acts, 1956 to 2004, the basic requirement for obtaining citizenship by descent, through what is called foreign births registration, is that the applicant's parent was an Irish citizen when the applicant was born. There is no provision in law for an exception to be made to the statutory requirements.

The only means open to the person to become an Irish citizen would be through naturalisation. Consideration of all applications for naturalisation is a matter for the Minister for Justice, Equality and Law Reform.

Overseas Development Aid.

Aengus Ó Snodaigh

Ceist:

373 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if his attention has been drawn to a statement made by Concord, a confederation of European non-governmental organisations, on the 3 April claiming that some European countries are artificially inflating their aid figures by including items that do not represent new money for poor countries, including money spent on debt cancellation, housing refugees and educating foreign students in European universities; and if he will confirm that the statement by Concord is not true of this State. [15278/06]

Ireland's aid programme is internationally recognised as being of the highest quality. It is centred on some of the least developed countries in the world and on reducing poverty among the poorest of the poor. Successive evaluations by the OECD have endorsed its design and implementation. Last year a survey by ActionAid concluded that aid from Ireland really reached and directly benefited its target groups.

The Development Assistance Committee, DAC, of the OECD, of which Ireland is a member, has established rules and guidelines for the calculation of Official Development Assistance, ODA. These rules include as ODA certain expenditures on debt relief and debt cancellation, objectives which Ireland has strongly supported. Ireland is not a creditor of the developing countries and has not had bilateral debts to cancel. Ireland has however contributed to debt relief in multilateral institutions through the HIPC initiative and will contribute €59 million this year to the multilateral debt relief initiative at the World Bank. This contribution has been decided by the Minister for Finance and is a very welcome addition to the previously agreed budget for development co-operation.

The rules also permit the inclusion of certain costs associated with refugees, either in a donor country or in a recipient country. Preliminary figures for 2005 show payments by Ireland of about €2 million, or 0.4% of our total ODA, relating mainly to the cost of the resettlement programme operated in co-operation with the UN High Commissioner for Refugees. These costs are borne by the Departments of Social and Family Affairs, Health and Children, Education and Science, Justice, Equality and Law Reform and Foreign Affairs. Clearly and demonstrably, the Concord statement does not apply to this State or to the Irish aid programme.

Human Rights Issues.

Aengus Ó Snodaigh

Ceist:

374 Aengus Ó Snodaigh asked the Minister for Foreign Affairs his views on the latest Amnesty International report on extraordinary rendition which exposes the CIA’s practice of using private aircraft operators and front companies to facilitate the United States’s illegal rendition programme; and the steps he has taken to ensure that this does not facilitate the commission of crimes at Shannon Airport with greater ease. [15336/06]

I welcome the publication of Amnesty International's thorough and detailed report into the issue of extraordinary rendition. The Government has made clear on numerous occasions its complete opposition to the practice of extraordinary rendition.

The report highlights the difficulties attached to trying to track the aircraft and companies that are said to be involved in this practice. It seems clear that any regime based on specific aircraft registration numbers or operators would be of limited efficacy.

It remains the case that there is a complete lack of any evidence that prisoners have been, or are being, transferred through Shannon Airport. Moreover, nothing in the report questions the value of, or undermines, the categorical, factual assurances we have received from the US authorities that prisoners have not been transferred through Irish territory, nor would they be, without our permission.

The Government is co-operating with a number of Europe-wide investigations into extraordinary rendition. Its reply to the Council of Europe questionnaire on the matter was one of only nine out of 46 replies which were adjudged to be sufficiently comprehensive not to require further clarification. We have said we will look very carefully at any concrete proposals for reform which may emerge.

Humanitarian Aid.

Joe Higgins

Ceist:

375 Mr. J. Higgins asked the Minister for Foreign Affairs if his attention has been drawn to a report from the United Nations Office for the Co-ordination of Humanitarian Affairs and the United Nations Relief and Work Agency that the Gaza Strip is on the verge of a humanitarian disaster due to lack of money and of basic food supplies; and if he will raise this matter at the level of the EU the UN and with representatives of the Israeli Government. [15385/06]

The United Nations Relief and Works Agency, UNRWA, and the UN Office for the Co-ordination of Humanitarian Affairs, OCHA, are both key partners in Ireland's programme of assistance in Palestine. Ireland provides annual funding to both of these agencies and we liaise closely with them through Ireland's representative in Ramallah. In 2005, Ireland delivered over €4 million in development and humanitarian assistance to Palestine. Some €2 million of Ireland's funding was provided to UNRWA and €500,000 of this was ring-fenced for Gaza.

The Government is extremely conscious of the need to continue assistance to Palestine, including Gaza, with particular emphasis on meeting humanitarian needs. In response to UNRWA's appeal for funding, Ireland provided early funding of €1.5 million to UNRWA in 2006. This was core funding which allows UNRWA to respond flexibly to the challenging situation on the ground. Ireland will continue to respond to emerging humanitarian needs in Palestine, and we have made clear that we are determined to maintain the overall volume of our assistance to Palestine.

The situation in Gaza has, however, become increasingly difficult because of restrictions on access and movement to and from the area. Last year Ireland provided €200,000 in support of the EU border assistance mission at Rafah, which was established to give effect to the EU's third party role in the implementation of the agreement on movement and access concluded between Israel and the Palestinian Authority on 15 November last. I share the general concern expressed about the failure of the parties so far to reach agreement on the implementation of the other elements of that agreement, and in common with our EU partners the Government has consistently called on both parties to implement their commitments.

Moreover, the situation in Gaza is of course bound up with wider developments in the Middle East peace process, including the consequences of the election of the Hamas Government. At the meeting of the General Affairs and External Relations Council on 10 April, it was agreed that the EU would review its assistance to the Palestinians, against the new Government's commitment to the principles set out in the quartet's statement of 30 January. The council recalled that the absence of such commitment will inevitably have an effect on direct assistance to that Government. The EU will, however, continue to provide necessary assistance to meet the basic needs of the Palestinian population. In the review process, Ireland will press for a generous and wide-ranging interpretation of what constitutes such assistance. At the same time, positive movement from Hamas would greatly facilitate such an approach and would serve the interests of the people of Palestine.

The council also urged Israel to take steps to improve the humanitarian and economic situation of the Palestinians, including by resuming transfers of the withheld Palestinian tax and customs revenues. I can assure the Deputy that Ireland will, both nationally and in the multilateral framework, do all that is within our capacity to alleviate the suffering of the Palestinian people, while being cognisant of the wider political realities.

Legal Services.

Ruairí Quinn

Ceist:

376 Mr. Quinn asked the Minister for Foreign Affairs if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15767/06]

Ruairí Quinn

Ceist:

377 Mr. Quinn asked the Minister for Foreign Affairs the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15781/06]

I propose to take Questions Nos. 376 and 377 together.

The Department of Foreign Affairs is responsible for two Votes, Vote 28, foreign affairs, and Vote 29, international co-operation. For the period in question, the Department sought advice on a range of administrative matters such as contracts, procurement and employment issues at headquarters and at our missions abroad, as well on a specific consular matter in Indonesia.

The Department of Foreign Affairs manages over 100 buildings abroad, residences for heads of mission and chancery offices, and legal advice is routinely sought from locally engaged lawyers on matters such as lease agreements, conveyancing and major maintenance and refurbishment work. The information requested by the Deputy is set out in table 1. However, in the time available, it was not possible to provide details of each of the advisers who provided legal advice to our missions overseas.

There are currently four bodies under the aegis of my Department: the advisory board to Irish Aid; the development education advisory committee, DEAC; the Díon committee; and the Ireland — United States commission for educational exchange, known as the Fulbright commission. None of these employ legal advisers or qualified lawyers in a professional capacity.

Table 1: Expenditure on Legal Services — Vote 28 and Vote 29

Legal Advisers

Purpose of Advice

Expenditure 2004

Expenditure 2005

Ronan Daly Jermyn

Legal advice relating to contracts and public procurement.

16,360.25

Mason Hayes and Curran

Legal advice in relation to the Automated Passport System Project.

9,971.00

35,423.00

State Claims Agency

Legal fees incurred by the State Claims Agency on behalf of the Department.

302.50

SSEK (Indonesia)

Legal fees on a specific consular case. 50% of this fee will be refunded to the Department by the Office of the Attorney General

44,139.16

Various legal firms/advisers abroad.

Legal services in relation to Ireland’s development cooperation programme including on contracts, labour law and taxation.

8,944.00

11,148.00

Various legal firms/advisers abroad.

Legal advice relating to lease agreements, conveyancing and major maintenance and refurbishment of State properties abroad.

136,055.00

104,771.00

Ruairí Quinn

Ceist:

378 Mr. Quinn asked the Minister for Foreign Affairs if his Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the law offices of the State — 1997 — that legal advice should be given to the Government only by the Attorney General and his office. [15795/06]

The legal division of the Department of Foreign Affairs comprises seven lawyers and is headed by the legal adviser. The role of the division is primarily to advise the Minister for Foreign Affairs and the Department on matters of public international law, human rights law and EU law.

The report of the review group, paragraphs 4.13-4.17, acknowledges the distinction between the role of the legal division and that of other departmental legal officers. It notes the distinct and long-standing nature of the post, since 1929, and the focus of legal division on public international law. The report provides that "it is clear that a public international law advisory section located in the Department of Foreign Affairs makes sense, because public international law is continually evolving in line with state practice and is informed by policy considerations to an extent unknown in other branches of law". It also recognises that the role of legal adviser to the Department of Foreign Affairs is well established on the international level and is "the usual way in which the legal services required by Foreign Ministries are organised". It is a particular role which is common to all member states of the European Union and the United Nations.

Names of officers: Legal adviser: Ms Patricia O'Brien. Deputy legal adviser: Mr. James Kingston. Assistant legal advisers: Ms Emer Kilcullen; Mr. Brendan McMahon; Ms Lisa Walshe; Ms Nuala Ní Mhuircheartaigh; Mr. Trevor Redmond.

National Archives.

Catherine Murphy

Ceist:

379 Ms C. Murphy asked the Minister for Arts, Sport and Tourism if, in view of the historical importance of public records and the forthcoming centenary events that will be organised around events such as the 1913 lockout, the 1916 Rising, The First World War, the War of Independence and the Civil War, the Government will commit to developing a 21st century purpose-built public records facility as part of the State’s contribution to understanding these events; and if he will make a statement on the matter. [14237/06]

As I stated on 6 April 2006 in my reply to Parliamentary Question No. 246, the need for a new building for the National Archives has been long recognised and is being actively addressed by my Department and the Office of Public Works.

National Aquatic Centre.

Jack Wall

Ceist:

380 Mr. Wall asked the Minister for Arts, Sport and Tourism his views on the recent High Court decision to make an order for possession of the National Aquatic Centre due to wilful breaches of the lease for operation of the centre by Dublin Waterworld Limited; the contingency plans for the centre in view of this order being made; and if he will make a statement on the matter. [15371/06]

I refer the Deputy to the response I made to Parliamentary Question No. 85 earlier today.

Sports Capital Programme.

Catherine Murphy

Ceist:

381 Ms C. Murphy asked the Minister for Arts, Sport and Tourism if the data derived from the national audit of leisure facilities and census 2006 will be used in his consideration of lottery grant applications; if so, the degree to which such information will play a role; if not, the scope there is to incorporate such information in the decision making process; and if he will make a statement on the matter. [15404/06]

The national lottery-funded sports capital programme, which is administered by my Department, allocates funding to sporting and community organisations at local, regional and national level throughout the country. In the period 1998 to 2005 a total of 10,540 applications have been received under the programme, which is advertised on an annual basis. This has resulted in the allocation of almost €395 million in grants in respect of 4,923 sporting projects in cities, towns and villages the length and breadth of Ireland.

All applications received under the sports capital programme are assessed on an individual basis by officials in the sports unit of my Department in accordance with a detailed set of assessment criteria as specified in the guidelines, terms and conditions for the programme, which accompany the application form for the programme. In addition to factors such as sporting impact, levels of disadvantage and financial viability, the assessment process takes into account existing levels of sport and recreational sport facilities in an area. In making recommendations on grant allocations, my Department uses the population levels in each county, currently based on the 2002 census figures, to determine a pro-rata level of funding.

Part of the assessment process includes consultations with other Departments and a range of bodies, including the Irish Sports Council, national governing bodies of sport and local authorities to identify projects of strategic importance. This consultation process provides an opportunity to prioritise projects that will fill identified gaps across the sporting landscape and target high population growth areas. The population data arising from the 2006 census including information on areas enjoying significant population increases will be used in future assessments of applications made under the sports capital programme.

Work has commenced on the audit with the immediate task being to establish a record of national and regional sports facilities as a first phase of the project. Ascertaining and mapping what is already in place is an important part of developing a strategic approach to future facility provision in terms of establishing the level of need that still exists in the sports sector and in helping to determine future priorities. It is expected that the data derived from the national audit of sports facilities will greatly assist and guide the assessment process of grant applications in the future. I expect that the first phase of the audit will be will be completed in advance of the 2007 sports capital programme. It will not therefore be available in time for the 2006 programme.

Róisín Shortall

Ceist:

382 Ms Shortall asked the Minister for Arts, Sport and Tourism the amount the Government will spend on investing in community based sporting facilities and in grants to sporting organisation in 2006; the percentage of the budget for the years this will represent; the way in which the Government’s level of spending in this regard compares with the EU 15 average; and if he will make a statement on the matter. [14225/06]

The total allocation for sport in my Department's Estimate for 2006 is €243.295 million. Some €67.724 million, or 27.8% of total available funding for sport, is allocated through subhead C1 of the Vote in respect of grants for sporting bodies and the provision of sports and recreational facilities at local, regional and national levels. My Department has not been able to locate any data on the EU average referred to by the Deputy.

Olivia Mitchell

Ceist:

383 Ms O. Mitchell asked the Minister for Arts, Sport and Tourism when it is expected that a decision will be made on the applications from groups for funding under the 2006 sports capital funding programme in view of the fact that the closing date for applications was 20 January 2006. [14226/06]

Denis Naughten

Ceist:

387 Mr. Naughten asked the Minister for Arts, Sport and Tourism when he intends to allocate funding under the sports capital programme 2006; and if he will make a statement on the matter. [14686/06]

I propose to take Questions Nos. 383 and 387 together.

The national lottery-funded sports capital programme, which is administered by my Department, allocates funding to sporting and community organisations at local, regional and national levels.

Applications for funding under the 2006 programme were invited through advertisements in the press on 27 and 28 November last. The closing date for receipt of applications was 20 January 2006. A total of 1,338 applications for projects costing €670 million and seeking funding of €312 million were received. All of these applications, ranging in project cost from €500 to €25 million are currently being evaluated against the programme's detailed assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Arts Funding.

Marian Harkin

Ceist:

384 Ms Harkin asked the Minister for Arts, Sport and Tourism if he intends to put in place a further access programme for the construction or upgrading of cultural and heritage buildings during 2006. [14413/06]

In the near future I hope to make an announcement regarding a successor to my Department's ACCESS scheme. Under that scheme €45.7 million was allocated for the development of 44 arts and cultural facilities around the country. The provision of adequate facilities is a key element in making the arts something that everybody can enjoy and participate in. The increase in the availability of facilities, and the enhancement in their quality, has greatly increased access to and participation in the arts for a great many people.

Official Engagements.

Bernard Allen

Ceist:

385 Mr. Allen asked the Minister for Arts, Sport and Tourism the details of his travels abroad for the St. Patrick’s Day celebrations; the people who travelled with him in their official party; the duration of the visit; and the cost. [14500/06]

I travelled to Manchester for the St. Patrick's Day celebrations from Saturday, 11 March 2006 to Sunday, 12 March 2006. My wife and my private secretary accompanied me on this trip. The full cost of the trip is not yet available in my Department.

Sports Capital Programme.

Finian McGrath

Ceist:

386 Mr. F. McGrath asked the Minister for Arts, Sport and Tourism if he will work with Dublin City Council in assisting a club (details supplied) in Dublin 3 with its efforts for more playing facilities; and if assistance with funding for 2006 will be given. [14587/06]

The national lottery-funded sports capital programme, which is administered by my Department, allocates funding to sporting and community organisations at local, regional and national level throughout the country. The programme is advertised on an annual basis. Applications for funding under the 2006 programme were invited through advertisements in the press on 27 and 28 November last. The closing date for receipt of applications was 20 January 2006. All applications received before the deadline are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed. An application for funding under the 2006 programme was not received from the organisation in question.

It is my intention to announce another sports capital programme later in the year and at that stage it will be open to the club in question to apply for a grant towards equipment.

Question No. 387 answered with QuestionNo. 383.

Eoin Ryan

Ceist:

388 Mr. Eoin Ryan asked the Minister for Arts, Sport and Tourism the number of sports clubs which were allocated funding in Dublin in 2005. [14722/06]

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

Of a total allocation of €63.239 million made in 2005 to 643 projects nationwide towards the provision of sporting facilities, a total of €15.739 million was allocated to 100 projects in the city and county of Dublin. The closing date for receipt of applications under the 2006 sports capital programme was January 20 2006, before which a total of 1,338 applications were received, including 233 from Dublin. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Eoin Ryan

Ceist:

389 Mr. Eoin Ryan asked the Minister for Arts, Sport and Tourism the amount allocated to sports facilities here in the past ten years; and the amount allocated to sports facilities for Dublin in the past ten years. [14723/06]

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

Since 1996, a total of €415,733,497 in sports capital funding has been allocated to sporting organisations throughout Ireland, of which €111,348,709 has been allocated to organisations in Dublin. Details of allocations by year are contained in the following table.

Capital funding for sports facilities since 1996

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

Total

Ireland

9,084,976

11,829,514

7,554,942

25,382,064

45,496,874

56,179,561

78,830,400

56,352,733

61,783,014

63,239,419

415,733,497

Dublin

1,688,752

2,821,358

1,580,189

6,466,776

15,579,305

13,908,710

23,075,900

14,763,733

14,691,000

15,739,419

111,348,709

Swimming Pool Projects.

John McGuinness

Ceist:

390 Mr. McGuinness asked the Minister for Arts, Sport and Tourism if Kilkenny Borough Council will be allowed to proceed to tender relative to its plans for a new swimming pool complex for the city; and if he will make a statement on the matter. [14775/06]

Last month Kilkenny County Council submitted contract documents to my Department in respect of a replacement swimming pool in Kilkenny. These documents are currently being examined by the Department and its technical advisers, the Office of Public Works. I expect to be in a position shortly to approve of the contract documents which will enable the county council to invite tenders for the work proposed.

Sport and Recreational Facilities.

Paul Nicholas Gogarty

Ceist:

391 Mr. Gogarty asked the Minister for Arts, Sport and Tourism if a dedicated facility for gymnastics will be made available to clubs across north Dublin as part of the Sports Campus Ireland facility at Abbotstown. [14822/06]

In November 2005 the Government gave its assent to the commencement of phase 1 of the development of the national sports campus at Abbotstown. Phase 1 of the development control plan will provide a national field sports training centre, catering for rugby, soccer, Gaelic games and hockey; a national indoor training centre which will provide world class training facilities for over 30 governing bodies of sport; accommodation for sports men and women; sports science and medical facilities; all-weather synthetic pitches for community use and renovation of existing buildings to cater for needs identified by sports bodies.

While a dedicated gymnastics facility is not provided for in phase 1 of the development control plan for the national sports campus at Abbotstown, some gymnastics activities will be accommodated in the national indoor training centre. CSID had a meeting with the Irish Gymnastics Association on 6 April 2006. CSID advised the association that it would be willing to consider any proposal that the association may have for the development of a stand-alone facility in a future phase of the development.

Under the sports capital project, grants are provided by my Department for the provision of sports facilities and equipment for a range of sports. Under the 2005 sports capital programme, nine grants totalling €101,000 were allocated in respect of gymnastics projects. Almost €11.5 million was allocated in 2005 for community or mixed projects, many of which would be suitable for gymnastics.

Sports Capital Programme.

Bernard Allen

Ceist:

392 Mr. Allen asked the Minister for Arts, Sport and Tourism when a decision will be made on the application for funding for the erection of a stand at the athletic track at the Cork Institute of Technology in view of the fact that championships will be held in 2006 on that track. [15095/06]

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

Applications for funding under the 2006 programme were invited through advertisements in the press on 27 and 28 November last. The closing date for receipt of applications was 20 January 2006. A total of 1,338 applications were received before the deadline, including one on behalf of Cork Institute of Technology seeking funding towards the provision of changing room facilities. All of the applications received before the deadline are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Question No. 393 answered with QuestionNo. 77.

Denis Naughten

Ceist:

394 Mr. Naughten asked the Minister for Arts, Sport and Tourism the status of an application under the sports capital programme 2006 (details supplied); and if he will make a statement on the matter. [15342/06]

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

Applications for funding under the 2006 programme were invited through advertisements in the press on 27 and 28 November last. The closing date for receipt of applications was 20 January 2006. All applications received before the deadline, including one from the organisation in question, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

John Perry

Ceist:

395 Mr. Perry asked the Minister for Arts, Sport and Tourism if funding will be sanctioned for further development of Riverstown community park; and if he will make a statement on the matter. [15350/06]

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

Applications for funding under the 2006 programme were invited through advertisements in the press on 27 and 28 November last. The closing date for receipt of applications was 20 January 2006. All applications received before the deadline, including one from the organisation in question, are being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

John Perry

Ceist:

396 Mr. Perry asked the Minister for Arts, Sport and Tourism if funding will be made available to Drumcliffe Community Games, County Sligo, for the provision of sports equipment; and if he will make a statement on the matter. [15355/06]

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

Applications for funding under the 2006 programme were invited through advertisements in the press on 27 and 28 November last. The closing date for receipt of applications was 20 January 2006. All applications received before the deadline, including one from the organisation in question, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Bernard J. Durkan

Ceist:

397 Mr. Durkan asked the Minister for Arts, Sport and Tourism his plans to enhance the sporting facilities available at all primary, second level and third level institutions throughout the country; and if he will make a statement on the matter. [15424/06]

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

In this regard, primary and post-primary schools wishing to be considered for funding under the programme may only apply for funding jointly with local sports clubs or community groups and must meet other conditions including a requirement that the local community will have significant access to the proposed facility, at least 30 hours a week throughout the year, when it is not being used by the school itself. Any sports facility proposed for funding by a sporting organisation and which would be located within school grounds would have to meet these same conditions.

In order to encourage full use of facilities funded, applications for funding are requested to indicate the extent to which they have consulted with other clubs and organisations in the community, including schools. A commitment from schools that they will in fact utilise the intended facility would be important and would increase the project's assessment score. Any such applications received this year will be considered and assessed on that basis.

Concerning applications under the sports capital programme for funding for facilities based in third level institutions, these are assessed on a case-by-case basis, particularly within the context of developing key, strategic, national and regional facilities which would also be open for use by the wider community

Arts Funding.

Bernard J. Durkan

Ceist:

398 Mr. Durkan asked the Minister for Arts, Sport and Tourism his proposals to specifically assist musical societies, arts or theatrical groups throughout County Kildare which might be interested in the provision of facilities such as the building or upgrading of community halls, listed buildings or theatres for their own or community use; and if he will make a statement on the matter. [15426/06]

In the past, my Department provided over €3 million to fund arts and cultural projects in County Kildare, namely, the Kildare library and arts centre and the Moat Club in Naas.

The main vehicle for capital funding through my Department is the arts and culture capital enhancement support scheme, ACCESS. Funding under the current ACCESS scheme is fully allocated. However, I hope to make an announcement in the near future regarding a successor to the ACCESS scheme.

Under that scheme €45.7 million was allocated for the development of 44 arts and cultural facilities around the country. The increase in the availability of facilities and the enhancement in their quality has greatly increased access to and participation in the arts for a great many people.

Sports Capital Programme.

Bernard J. Durkan

Ceist:

399 Mr. Durkan asked the Minister for Arts, Sport and Tourism his proposals to directly assist from the proceeds of the national lottery or otherwise various voluntary and community groups and organisations involved in the provision of indoor or outdoor sporting and recreational facilities, including track and field events throughout County Kildare; and if he will make a statement on the matter. [15427/06]

Bernard J. Durkan

Ceist:

400 Mr. Durkan asked the Minister for Arts, Sport and Tourism his proposals to directly assist from the proceeds of the national lottery or otherwise various voluntary and community groups and organisations involved in the provision of indoor or outdoor sporting and recreational facilities, including track and field events throughout the country; and if he will make a statement on the matter. [15428/06]

Bernard J. Durkan

Ceist:

401 Mr. Durkan asked the Minister for Arts, Sport and Tourism the number of organisations throughout County Kildare which have to date in 2006 made applications to his Department for grant aid from the proceeds of the national lottery; when he expects to be in a position to respond; and if he will make a statement on the matter. [15429/06]

I propose to take Questions Nos. 399 to 401, inclusive, together.

The national lottery-funded sports capital programme, which is administered by my Department, is the primary means of providing capital funding for sports facilities, including those relating to track and field. Under the programme, funding is available to sports clubs, voluntary and community organisations and, in certain circumstances, schools and local authorities. The programme is advertised on an annual basis. Applications for funding under the 2006 programme were invited through advertisements in the press on 27 and 28 November last. The closing date for receipt of applications was 20 January 2006.

All applications received before the deadline, including 33 received from organisations in County Kildare, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations under the programme as soon as possible after the assessment process has been completed.

Since 1998 a total of €395 million in sports capital funding has been allocated to 4,923 projects throughout the country providing for the needs of organisations and participants in the areas of physical recreation, training, coaching and competition at all levels of sport in Ireland. Of this total, €23.43 million has been allocated in 218 grant allocations to projects in County Kildare. A total of €67.72 million has been provided in the 2006 Estimates for the provision of national lottery-funded sport and physical recreational facilities.

Bernard J. Durkan

Ceist:

402 Mr. Durkan asked the Minister for Arts, Sport and Tourism if he will consider an application for grant aid from the proceeds of the national lottery from the Timahoe Community Facility Development Group; and if he will make a statement on the matter. [15430/06]

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

Applications for funding under the 2006 programme were invited through advertisements in the press on 27 and 28 November last. The closing date for receipt of applications was 20 January 2006. All applications received before the deadline are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

An application for funding under the 2006 programme was not received from the organisation in question. It is my intention to announce details of the 2007 sports capital programme later in the year and at that stage it will be open to the organisation in question to apply for a grant.

Film Industry Development.

Bernard J. Durkan

Ceist:

403 Mr. Durkan asked the Minister for Arts, Sport and Tourism the number of films currently being filmed on location here; the file projects likely to be undertaken here in the coming years; and if he will make a statement on the matter. [15432/06]

Bernard J. Durkan

Ceist:

404 Mr. Durkan asked the Minister for Arts, Sport and Tourism the number of films in production here at present; the way in which this compares with previous years; and if he will make a statement on the matter. [15433/06]

I propose to take Questions Nos. 403 and 404 together.

The Irish Film Board is responsible for the promotion and support of film-making in Ireland. The board is funded by my Department, but is independent on a day-to-day basis in respect of its support decisions.

My Department does not have information on the number of films in production at any given time. However, the section 481 scheme provides a tax-based incentive for investors in film production. Some 28 projects were certified under section 481 in 2005 involving a total project spend of €125.5 million including a total Irish spend of €63.9 million. In 2006 to date, seven projects have been certified under the scheme representing a total project spend of €45.5 million and a total Irish spend of €25 million.

A summary of the statistics in respect of the operation of this scheme is given as follows.

Certification of projects under section 481 of the Taxes Consolidation Act 1997.

Summary of Key Statistics 1994-2006, to date.

Total of projects certified

Total Certified Spend

of which Irish Spend

Section 481 Amount

€m

€m

€m

€m

1994-2001

240

1,294.1

697.5

581.8

2002

22

142.9

87.9

62.2

2003

25

282.7

135.6

84.8

2004

22

119.6

66.5

58.1

2005

28

125.5

63.9

54.8

2006

7

45.5

25.5

25.0

Total

344

2,010.30

1,077

866.7

Legal Services.

Ruairí Quinn

Ceist:

405 Mr. Quinn asked the Minister for Arts, Sport and Tourism if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15768/06]

Ruairí Quinn

Ceist:

406 Mr. Quinn asked the Minister for Arts, Sport and Tourism the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15782/06]

Ruairí Quinn

Ceist:

407 Mr. Quinn asked the Minister for Arts, Sport and Tourism if his Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the law offices of the State, 1997, that legal advice should be given to the Government only by the Attorney General and his office. [15796/06]

I propose to take Questions Nos. 405 to 407, inclusive, together.

My Department does not have its own legal advisers. As a general rule, legal advice required by my Department is obtained from either the Office of the Attorney General or the Office of the Chief State Solicitor. The costs are borne directly by the offices concerned. However, by way of exception to this general rule outside legal advice was obtained on seven separate occasions either by my Department or by the national cultural institutions as shown in the table.

2004

2005

Total

Department

14, 822.50

3031.05

17, 853.55

National Archives

2,430.00

2,430.00

National Museum*

5,406.42

1,905.75

7,402 .17

National Library*

3,337.48

10,164.00

13,501.48

Total

23,656.40

17,530.80

41,187.20

*Prior to corporate action.

In the case of the agencies under the aegis of my Department, the securing of legal advice and-or the employment of legal advisers is a day-to-day matter for the agencies themselves.

Work Permits.

Pat Breen

Ceist:

408 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment the reason a person (details supplied) in County Clare has been refused a work permit; and if he will make a statement on the matter. [14426/06]

There is no record of a valid work permit application in this case. Applications which are incomplete or incorrect are returned to the employer for completion. In the aftermath of EU enlargement, it is Government policy that employers should be able to source nearly all of their workforce needs from within the EU. Accordingly, only in cases where exceptional levels of skill and qualifications are needed for the job, and the employer has made meaningful attempts to find EEA nationals first, will my Department now consider work permit applications.

Research Funding.

Gay Mitchell

Ceist:

409 Mr. G. Mitchell asked the Minister for Enterprise, Trade and Employment his views on the concerns of Austria, Germany, Italy, Luxembourg, Malta, Poland and Slovakia, who welcome the seventh EU research framework programme but who do not agree that funding from this programme, which comes from all member states, including Ireland, can be used for consumption or destruction of human embryos; and if he will make a statement on the matter. [14227/06]

Gay Mitchell

Ceist:

410 Mr. G. Mitchell asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to concerns that the seventh EU research framework programme does not take sufficiently into account the therapeutic potential of human adult stem cells; and his views on such concerns. [14228/06]

I propose to take Questions Nos. 409 and 410 together.

In April 2005, the Commission published its proposal for the seventh framework programme, FP7, which will cover the period 2007 to 2013. Consideration of the Commission's proposal, which involves co-decision procedures with the European Parliament, is still under way. In this regard, divergent views exist among member states on the question of the Community funding human embryonic stem cell research.

The Commission's proposal for FP7 represents a "no change" policy from FP6 and the core principle of ethical subsidiarity is guaranteed. A large number of member states can support the Commission proposal on this issue. Some member states, including Ireland, have not yet established or presented their definitive positions while Germany, Austria, Italy, Poland, Malta, Luxembourg and Slovakia are currently opposed to the proposal. At this stage, the Presidency has not put forward any compromise text. The views of all member states will be taken into account in finalising Ireland's position in this matter.

Under FP6 the funding of ethically sensitive projects is dealt with through a process of ethical review. In summary, all such projects are submitted to a rigorous four stage process before being funded — national ethical review, European scientific evaluation, European ethical review and consideration by a committee of member states. The scientific evaluation also assesses whether the use of human embryonic stem cells is necessary to achieve the scientific objectives set forth in the project. At this stage in FP6 more than 90% of the research projects where stem cells are involved concern adult stem cells. Only eight projects have been approved using human embryonic stem cells. Ireland is not involved in any of these projects. The "no change" policy approach proposed for FP7 will similarly take into account the therapeutic potential of human adult stem cells.

EU research programmes do not fund in a member state, under any circumstances, anything that is not legal or is deemed unethical in that particular member state.

Community Employment Schemes.

Michael Lowry

Ceist:

411 Mr. Lowry asked the Minister for Enterprise, Trade and Employment when the review of capping on the community employment scheme is due to be complete; the terms of reference of this review; if it includes consultation with community employment participants, supervisors and FÁS co-ordinators; if an opportunity will be given to these important stakeholders to air their views regarding changes to the scheme; and if he will make a statement on the matter. [14362/06]

Following a review of the operation of FÁS employment schemes — community employment, job initiative and social economy programmes — a number of changes were announced on 10 November 2004. The views and concerns expressed by key stakeholders, including the social partners, were taken into account in deciding on the new arrangements.

The new arrangements are as follows. There are no compulsory lay-offs on the job initiative scheme, JI; participants who remain on JI have their contracts renewed. People who leave JI voluntarily are being replaced by CE participants to support the service being provided. There has been no compulsory cessation of social economy programmes, which have played a very valuable role in communities throughout the country. In cases where an enterprise decided itself to cease activity, the employees affected have been assisted by FÁS in finding alternative employment. On 1 January 2006, the social economy programme transferred to the Department of Community, Rural and Gaeltacht Affairs and is being administered by ADM-Pobal.

For CE participants, the three year cap has been removed for the over 55s. Over 55s are now eligible to participate on community employment for a maximum of six years. In the case of people advancing beyond 55 years during their normal period of service on CE, participation can be extended for up to a maximum of six years. The current ring-fencing and prioritisation for the essential services of child care, health related services and drugs task force clients is being maintained. In 2005, there were 25,000 places overall on community employment schemes, job initiative schemes and social economy programmes and a similar number of places have been provided during 2006.

While there is no formal review taking place regarding the caps in the CE scheme, the operation of the scheme is kept under constant review.

Company Closures.

Tom Hayes

Ceist:

412 Mr. Hayes asked the Minister for Enterprise, Trade and Employment if all the rules have been adhered to with regard to payment in a receivership issue (details supplied). [14490/06]

I previously responded to the Deputy about this matter on 21 February 2006. As previously stated, the company went into creditors voluntary liquidation on 15 December 2005. The circumstances of the liquidation will be addressed by the liquidator in his report to the Director of Corporate Enforcement in accordance with section 56 of the Company Law Enforcement Act 2001. The timeframe for this report is within six months of the liquidator's appointment, which in this instance is mid-June 2006.

Official Engagements.

Bernard Allen

Ceist:

413 Mr. Allen asked the Minister for Enterprise, Trade and Employment the details of his travels abroad for the St. Patrick’s Day celebrations; the people who travelled with him in the official party; the duration of the visit; and the cost. [14501/06]

I did not travel abroad for the St. Patrick's Day celebrations.

Employment Rights.

Joe Higgins

Ceist:

414 Mr. J. Higgins asked the Minister for Enterprise, Trade and Employment if, further to data received from Gama Construction and Gama Endustri concerning wages paid to their Turkish workers employed here, he has been informed of the number of workers who had accounts in their name in Finansbank Holland in Amsterdam and the total; if all of their workers have been informed of the accounts in their names; if he has been given a list including the amount of funds in each worker’s name; if all of the workers have been enabled to access the funds in these accounts and to dispose freely of them; the total amount of the funds paid into the workers’ accounts in Finansbank Holland since the opening of these accounts in 2002; and if he will make a statement on the matter. [14631/06]

Arising from concern that all Turkish workers would have access to the money that had been transferred to their bank accounts in Finansbank in Amsterdam, I and officials of the Department met with senior management from Gama Turkey and Gama Ireland, the legal advisers to Gama Turkey and a human resources consultant, retained by Gama. At that meeting, I was assured by these senior managers, their legal adviser and the human resources consultant that all Gama workers in Ireland, past and present, would have full access to the money that had been transferred to their bank accounts in Finansbank.

I contacted the president of Finansbank. The president assured me that, provided the consent of the workers was forthcoming, his bank would co-operate in ensuring that the Department's officials would have sight of relevant bank records in his bank, so that they could be satisfied that all workers would have access to the money in their bank accounts. Officials from my Department travelled to Finansbank on 14 April 2005. Following these meetings and contacts which my officials had with SIPTU and the Deputy, I am satisfied that a substantial number of Turkish workers, who were in Ireland around last April, received value for the funds that had been transferred to their personal bank accounts in Finansbank.

The Department wrote to Gama Turkey's legal advisers on 29 April 2005 seeking certain details on each current and former Gama employee, including the money transferred to Finansbank and the money transferred from Finansbank to their personal bank account in Isbank in Turkey. Despite reminders to Gama Turkey's legal advisers and engagement with an intermediary engaged by Gama, this information was not supplied at the time. Some weeks ago a substantial volume of data was presented by Gama to the Department and was examined by my officials. The information supplied was not sufficient to enable me to assure the Deputy that all Gama workers in Ireland, both past and present, have received value for the amounts that were transferred into their personal accounts in Finansbank.

The Department has advised Gama by letter dated 4 April 2006 that the material recently supplied does not enable the establishment of the factual position relating to the workers about whom I am concerned. Gama has been asked again to supply the missing information.

Company Ownership.

Joe Higgins

Ceist:

415 Mr. J. Higgins asked the Minister for Enterprise, Trade and Employment if he has established who the beneficial owners of a company (details supplied) were in 2005 when millions of euro in Gama workers’ wages were channelled into this company. [14632/06]

I am satisfied that the company concerned has had a business relationship with the Gama organisation such that it was controlled by Gama.

Job Creation.

Paul McGrath

Ceist:

416 Mr. P. McGrath asked the Minister for Enterprise, Trade and Employment the number of IDA Ireland supported jobs created in each of the midland counties Laois, Offaly, Longford and Westmeath in each of the past three years; and the employers concerned in each case. [14803/06]

Paul McGrath

Ceist:

417 Mr. P. McGrath asked the Minister for Enterprise, Trade and Employment the number of IDA Ireland supported jobs lost in each of the midland counties, Laois, Offaly, Longford and Westmeath in each of the past three years; and the employers concerned in each case. [14804/06]

I propose to take Questions Nos. 416 and 417 together.

IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment, FDI, to Ireland and its regions. The Forfás annual employment survey records jobs gained and lost in companies supported by the industrial development agencies. Data are compiled on an annualised basis. Individual company data are compiled on a confidential basis in this survey and thus details in respect of company job losses and gains cannot be released. Details of jobs created and lost for each of the counties in respect of each of the years from 2003 to 2005 are set out in the table.

Jobs created and lost 2003-2005

County

Employment Data

2003

2004

2005

Laois

No. of companies

5

4

4

Laois

Permanent jobs

270

203

213

Laois

Job gains — new jobs

2

18

12

Laois

Job losses

-17

-85

-2

Longford

No. of companies

8

7

7

Longford

Permanent jobs

559

622

805

Longford

Job gains — new jobs

141

99

213

Longford

Job losses

-5

-36

-30

Offaly

No. of companies

10

10

10

Offaly

Permanent jobs

1,109

1,134

1,170

Offaly

Job gains — new jobs

19

71

56

Offaly

Job losses

-108

-46

-20

Westmeath

No. of companies

18

17

18

Westmeath

Permanent jobs

2,160

2,057

2,299

Westmeath

Job gains — new jobs

130

151

308

Westmeath

Job losses

-719

-254

-66

Job Losses.

Richard Bruton

Ceist:

418 Mr. Bruton asked the Minister for Enterprise, Trade and Employment if the Government intends to pay from the redundancy fund towards the cost of the Irish Ferries lay-offs. [14812/06]

An application for a statutory redundancy rebate payment from Irish Ferries under the Redundancy Payments Acts 1967 to 2003 was received by my Department on 17 February 2006. It was submitted by means of the new redundancy on-line application system. The matter has been referred to the Attorney General as a matter of some urgency for advice on whether a genuine redundancy situation exists in this case and whether the rebate can therefore be paid from the social insurance fund. On receipt of this advice from the Attorney General, a decision will be made on the issue.

The purpose of the statutory redundancy payments scheme is to compensate workers whose jobs no longer exist. It would certainly be the policy of the Government to pay a rebate only in situations where the strict criteria stipulating genuine grounds for redundancy under section 7 of the Redundancy Payments Act 1967, as amended by section 4 of the Redundancy Payments Act 1971 and section 5 of the Redundancy Payments Act 2003, are applicable.

Ministerial Appointments.

Olivia Mitchell

Ceist:

419 Ms O. Mitchell asked the Minister for Enterprise, Trade and Employment the detailed process that was involved in the selection of the current chief executive of the National Consumer Agency; the procedures that were put in place to ensure the selected candidate met basic criteria, for example, sufficient leadership skills and experience, expertise and experience in managing large budgets, communication skills, strategic planning and management experience; and if he will make a statement on the matter. [14832/06]

The core recommendation in the consumer strategy group report, Make Consumers Count, was the establishment of a new national consumer agency, a recommendation which was fully accepted by the Government. The establishment of the new agency will require primary legislation and work on the preparation of that legislation is well under way in my Department. In the interim period until the NCA is formally established, I appointed an interim board to the NCA to ensure that the momentum of the work of the consumer strategy group was maintained.

Since its appointment the interim board has been very active in terms of advocating the consumer's case on issues such as the groceries order as well as promoting greater awareness of consumer rights. The activities of the interim board are expected to increase significantly in 2006 and, to that end, funding totalling €3 million has been allocated in my Department's Vote to support these activities. A key element of the interim board's activities, as identified in the terms of reference approved by Government, will be to prepare the way for the new statutory agency.

Given the important role for the interim board in constructing the new agency, together with the significant expected increase in its activities, it was considered appropriate that the board should have the support of a full-time executive. To that end, the current chairperson of the interim board was asked to assume a full-time position of executive chairperson for a period of one year. I am satisfied that the chairperson's experience not only in her existing non-executive capacity on the interim board but also as the chairperson of the consumer strategy group and her wider experience in other areas of economic life eminently qualify her for appointment to this temporary executive assignment. I am confident her appointment as a full-time executive will allow the chairperson to enable the interim board to carry out its agreed terms of reference and, in addition, ensure that all the necessary preparations are made so that the national consumer agency can hit the ground running once it is formally established.

Notwithstanding the temporary appointment of an executive chairperson to the interim board, it is the intention that the statutory agency, when established, will be governed by a non-executive appointed board supported by a full-time chief executive officer who will be recruited by way of open competition in accordance with normal public service procedures.

Departmental Correspondence.

Joe Costello

Ceist:

420 Mr. Costello asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the contents of correspondence (details supplied); and if he will make a statement on the matter. [14847/06]

I am aware of the correspondence to which the Deputy refers and I have written to the correspondent advising her of the current situation.

Work Permits.

Michael Noonan

Ceist:

421 Mr. Noonan asked the Minister for Enterprise, Trade and Employment if work permits are being issued to persons (details supplied) for work in specialised Thai restaurants; if so, the procedure for application; and if he will make a statement on the matter. [14857/06]

New work permits are only being considered for highly skilled, highly paid positions which it is not possible to fill from within the EEA. In ethnic restaurants where there is significant investment, significant employment of EEA nationals and where a business case can be made for highly skilled and qualified non-EEA staff, my Department will consider such applications on a case by case basis.

However, employers are advised to seek chefs specialising in ethnic cuisines in Ireland and across the wider European labour pool prior to making an application to the work permits section. Each individual application must be supported by documentary evidence clearly demonstrating that a thorough search for EEA based employees has been undertaken through FÁS.

Industrial Development.

Denis Naughten

Ceist:

422 Mr. Naughten asked the Minister for Enterprise, Trade and Employment the steps he is taking to locate 50% of IDA Ireland jobs in the Border, midlands and western region; and if he will make a statement on the matter. [14943/06]

The Industrial Development Authority has been designated an autonomous body under the Industrial Development Acts. One of the functions assigned to the authority in this capacity is to foster the national objective of balanced regional development and this is being pursued within the framework of the national spatial strategy.

I understand from IDA Ireland that regional development has been made a central feature of its strategy and operations, that the agency has a target of 50% of all new greenfield jobs to be located in the region in the period 2000-06 and that substantial progress has been achieved to date in that regard. Prior to the start of the Government's current national development programme, only some 25% of all new greenfield jobs were locating in the region compared to circa 43% at end 2005.

To support and enhance the promotion of the BMW region, IDA Ireland has increased its land portfolio in the region from circa 29% in 1998 to circa 43% at end-2005. A combined regions and property division has been established within the agency in Athlone and sectoral development responsibilities have been regionalised, with ICT now located in Waterford, medical technologies in Athlone and engineering in Sligo, to drive the regional development agenda from within the regions.

The agency is also working close with a wide range of other organisations at local and regional levels, such as local authorities, utility providers, educational institutes, private developers and so forth, to enhance the attractiveness of individual areas for new greenfield investments or expansion projects that will deliver quality sustainable jobs. This is important in the context that investors have the ultimate say in regard to what area is chosen for a project, including what areas to visit as potential locations.

I am confident that the strategies and policies being pursued by IDA Ireland in furtherance of its statutory function and assigned responsibilities, together with the ongoing commitment of Government to regional development, will continue to bear fruit in terms of additional sustainable investment and jobs for the people of the BMW region.

County Enterprise Boards.

Denis Naughten

Ceist:

423 Mr. Naughten asked the Minister for Enterprise, Trade and Employment the steps he is taking to develop the county enterprise board investment programmes in the Border, midlands and western region; and if he will make a statement on the matter. [14944/06]

There are 13 county and city enterprise boards, CEBs, operating in the Border, midlands and western region. Under the BMW Regional Operational Programme 2000-2006 these boards are responsible for delivering the micro-enterprise measure throughout the BMW region.

The BMW region's Objective One status allows the use of comparatively better rates of incentives to business and assists the region in promoting and developing indigenous micro-enterprises. This status is also taken into account in allocating funds to the boards in the region. In 2005, for example, the funds allocated to the region amounted to some 37% of the total funds allocated even though only about 27% of the national population reside in the region. This high level of funding for the BMW region has been maintained in 2006.

The function of the CEBs in the BMW region is to develop indigenous enterprise potential, to stimulate economic activity and to promote an enterprise culture at local level. The CEBs are a specific source of support for the micro-enterprise sector, that is, businesses with ten employees or fewer. This support is available through both direct financial assistance and non-financial assistance. Subject to certain eligibility criteria, micro-enterprises may qualify for financial support in the form of feasibility, employment and capital grants while there is also a broad range of non-financial supports available, such as mentoring, management development and training and business advice and information.

In providing support to enterprises, the CEBs are required to take into consideration the quality, local relevance, cost effectiveness and viability of proposals. They must also seek to avoid supporting projects that would displace existing jobs or businesses. In this regard, the boards are required to give priority to manufacturing and internationally traded services companies, which over time may develop into strong export entities. The local base of the CEBs which are responsible for the delivery of the micro-enterprise measure in the BMW region means that the projects supported are tailored to the particular needs of that regional economic environment.

The CEBs in the BMW region performed strongly in 2005. They paid out over €4 million in direct grant aid to 350 projects and assisted in the creation of over 1,000 net jobs in grant aided companies. The CEBs also provided training and management development programmes to the value of €3.4 million to 4,566 participants in the BMW region, of which 2,588 or almost 57% were female.

Industrial Development.

Denis Naughten

Ceist:

424 Mr. Naughten asked the Minister for Enterprise, Trade and Employment the steps he is taking to increase the number of Enterprise Ireland supported jobs in the Border, midlands and western region; and if he will make a statement on the matter. [14945/06]

The issues of job creation and retention in Enterprise Ireland supported companies are day-to-day matters for the agency itself and not ones in which I am directly involved. Enterprise Ireland has at its core the objective of supporting and stimulating balanced regional development, in line with the vision set out in the national spatial strategy, and to maximise national resources allocated under the national development plan.

In the period 2000 to 2005, 21,413 new jobs have been created in Enterprise Ireland client companies located in the Border, midlands and western, BMW, region. In 2005, 38% or some 4,187 of all new jobs created in Enterprise Ireland client companies were in the BMW region.

Enterprise Ireland's policy objectives for balanced regional development are reflected in the structure of its funding offer, for example, funding for existing company expansion is biased towards the BMW region. The maximum grant level is higher than in Dublin and the mid-east and a higher proportion of this funding is also non-repayable. Enterprise Ireland provides a range of supports to companies in the BMW which wish to expand through increased export activity. In particular, through its network of 33 international offices, Enterprise Ireland assists companies to create and implement successful strategies for market entry, development and growth.

Through Enterprise Ireland, State support for entrepreneurship is clearly focused on the ongoing creation of new entrepreneur led business entities. For the six year period 1999 to 2005, inclusive, Enterprise Ireland assisted 410 high potential start-up, HPSU, projects of which 89 were based in the BMW region. In 2005, Enterprise Ireland supported the establishment of 75 new export focused high potential companies. Of these companies, 16 or 21% were based in the BMW region.

Enterprise Ireland's new strategy for 2005-07 places a strong emphasis on increasing even further the number of new start-ups in the regions outside Dublin and increasing the growth rate of these companies. To accelerate this process Enterprise Ireland launched, in 2005, the enterprise start programme, a workshop based programme designed to help entrepreneurs make decisions regarding the feasibility of their business ideas and give insights into the essential elements involved in creating a new enterprise.

As Ireland positions herself as a knowledge based, technology driven economy, Enterprise Ireland is working intensively with client companies in the BMW to achieve success by: investing in research in emerging technologies which can generate ideas and processes with commercial potential; assisting researchers in commercialising research to get technology out of third level institutions and into companies to realise new sales opportunities; working with clients to invest in research and development and use technology to their advantage; and assisting companies to understand technology trends through technology road map seminars that set out what opportunities are likely to emerge.

Work Permits.

Bernard J. Durkan

Ceist:

425 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the procedure whereby a person who is not Irish but was previously employed here on foot of a work visa can transfer to another employer who wishes to offer employment; and if he will make a statement on the matter. [15007/06]

The work permits section informs me that individuals may transfer from one employer to another within the terms of their original work visa without contacting my Department.

Proposed Legislation.

Bernard Allen

Ceist:

426 Mr. Allen asked the Minister for Enterprise, Trade and Employment when legislation will be introduced to control arms brokers. [15077/06]

Work on drafting the heads of the Export Control Bill has been completed within my Department and consultations with other Government Departments are under way. I expect this process to conclude within the next few weeks at which point I will bring it to Government for approval. Allowing for the formalities of drafting the legal texts, I hope to bring the new legislation before the Houses of the Oireachtas in the autumn.

The proposed legislation will update the existing Control of Exports Act, which dates from 1983, and will ensure that Ireland's export controls are in line with best international practice. In this regard, the new legislation will include, for the first time, provision for the regulation of arms brokering activities in Ireland and by Irish citizens abroad. This will enable Ireland to fulfil its obligation under the EU common position on arms brokering, which requires member states to take all the necessary measures to control brokering activities on their territory.

Departmental Websites.

Bernard Allen

Ceist:

427 Mr. Allen asked the Minister for Enterprise, Trade and Employment the reason his Department’s website has not been updated since 2001 regarding the export of dual use components for military purposes. [15078/06]

The export licensing pages of my Department's website are updated on a regular basis, for example, to reflect changes to the lists of goods currently subject to control. The latest control lists for both military and dual use goods are available for download from the website. The list of controlled military goods is contained in the schedule to the Control of Exports Order 2005, SI 884 of 22 December 2005. As regards dual use goods, my Department has made available on the website an indexed version of Council regulation No. 394 of 2006 which was published in the Official Journal of the EU on 13 March 2006.

It is anticipated that a substantive revision of the website will be made shortly in the context of the imminent introduction of the on-line electronic licensing application system, with a view to better meeting the information needs of industry and other stakeholders.

Departmental Staff.

Arthur Morgan

Ceist:

428 Mr. Morgan asked the Minister for Enterprise, Trade and Employment the training given to labour inspectors before taking up their duties; and if they receive training in employment law. [15080/06]

The breadth and complexity of the inspectorate's remit is such that labour inspectors' training occurs over an extended period of time. Initially, much of this training is undertaken in the company of an experienced officer who will take time to explain the issues at hand and assist the trainee inspector in developing the skills and confidence necessary to take on tasks alone.

A new initiative in this regard was the assignment of an officer, who has over 25 years experience in the labour inspectorate, to oversee and manage the training and development process in respect of the ten new officers appointed to duties in the inspectorate towards the end of last year. Much of the initial training involves presentations and assignments based on the legislative instruments for which the inspectorate is responsible. In addition to in-house and training in the field, all inspectors undertake court skills and safe pass training as part of their development programme.

Arthur Morgan

Ceist:

429 Mr. Morgan asked the Minister for Enterprise, Trade and Employment the average length of service of labour inspectors. [15081/06]

There are currently 31 labour inspectors. The average length of service of the inspectors is 3.5 years. The length of service varies from 25 years in the case of two inspectors to less than six months in the case of 11 inspectors, ten of whom were appointed in November 2005.

Health and Safety Regulations.

Arthur Morgan

Ceist:

430 Mr. Morgan asked the Minister for Enterprise, Trade and Employment if, in view of the continuing high levels of workplace accidents and deaths, he is satisfied that the requirements to bring the safety statement to the attention of employees and to provide training is being fully complied with. [15082/06]

Under section 20 of the Safety, Health and Welfare at Work Act 2005, every employer has a duty to prepare a written safety statement identifying hazards and assessing the specific risks at the place of work, outlining protective and preventive measures taken and emergency plans.

Employers are required to bring the safety statement to the attention of their employees in a form, manner and language likely to be understood by them. New staff must be made aware of the safety statement upon commencement of employment. Existing staff must be notified of its contents at least annually and at any other time following its amendment. Employers also have a duty to bring the safety statement to the attention of other persons at the place of work who may be exposed to any specific risk to which the safety statement applies.

Section 10 of the Safety, Health and Welfare at Work Act 2005 requires employers to provide instruction, training and supervision for their employees. Training must be provided in a form, manner and language that is reasonably likely to be understood by the employee concerned. Employees must receive safety and health training specific to the tasks they perform. Training must be provided to employees on recruitment, transfer, assignment to a new task, on the introduction of new technology and it must be adapted to keep pace with changed risks in the workplace.

The Health and Safety Authority, which has day-to-day responsibility for the administration and enforcement of occupational safety and health legislation, operates under a broadly based enforcement and prevention programme, aimed at promoting and ensuring compliance with the legislation in its totality, including with regard to the requirements relating to safety statements and safety training. The authority's inspectors prioritise their inspections so that workplaces or sectors that are less compliant are targeted. Notwithstanding this, there has been a consistent increase in the percentage of workplaces inspected that have safety statements. A total of 76% of workplaces inspected in 2005 had safety statements available. Of these safety statements, 55% were in full or broad compliance with the regulatory requirements.

The work programme of the Health and Safety Authority targets health and safety management and the responsibilities of directors for particular enforcement action during 2006. There are over 200,000 workplaces in Ireland and to make the best use of its resources, the authority is prioritising a number of sectors for attention. These include the high risk sectors of agriculture, construction and mines and quarries, as well as the health services, local authorities and process industries.

While much of the authority's work is by necessity sector specific or hazard specific, there are many programmes that clearly span all sectors and hazards. They include a comprehensive inspection programme with a target of 16,500 inspections, an education programme which seeks to influence the managers and workers of the future and an innovative micro-business support programme tailored to meet the needs of those employing ten people or fewer.

FÁS Training Programmes.

Olwyn Enright

Ceist:

431 Ms Enright asked the Minister for Enterprise, Trade and Employment the amount allocated by his Department towards training and development through agencies such as FÁS; and if he will make a statement on the matter. [15251/06]

In 2006, my Department allocated a total of €417.796 million for training and development purposes through a number of its agencies. The allocation for the FÁS training and integration supports programme, which includes training for the employed and unemployed, amounts to €382.796 million. There was also a training element of €11 million included in the allocation for the FÁS employment programmes, which includes community employment and job initiative.

A total of €2.5 million was allocated to IDA Ireland in respect of training and development activities. Enterprise Ireland was allocated €7 million as support for training and development by, or to the benefit of, client companies in 2006. This expenditure covers in-company training, management development, course design, mentor programme, sales capability programme and the training element of the Enterprise Ireland productivity improvement fund. This allocation includes Shannon Development's Irish industry grants, which are paid under Shannon Development's capacity as an agent of Enterprise Ireland.

A total of €8.5 million was allocated to the training networks programme, TNP, operated by Skillnets Limited, a social partner company. TNP supports in-company training and development by firms co-operating with each other in training networks. In addition, €6 million was allocated to the ACCEL programme which was launched in October 2005. This programme supports in-company training and is aimed at companies working together in groups, at county enterprise board and social partner organisation level. Skillnets Services, a subsidiary of Skillnets Limited, manages ACCEL as a technical services unit to my Department.

Industrial Development.

Michael Lowry

Ceist:

432 Mr. Lowry asked the Minister for Enterprise, Trade and Employment if a high level specialist team will be appointed to develop a strategy to be implemented by Shannon Development and the Industrial Development Agency to secure replacement industries for Thurles and the wider north Tipperary area; and if he will make a statement on the matter. [15260/06]

No task forces have been set up in recent years arising from job losses in particular areas. The practice of establishing task forces has changed since the establishment of the county development boards. Rather than establishing a further layer by creating task forces, the relevant CDB is now seen as the body that is best placed to oversee any additional response that is required over and above the work of the industrial development agencies under the auspices of my Department.

IDA Ireland has statutory responsibility for the attraction of foreign direct investment to north Tipperary, including the town of Thurles. Shannon Development has responsibility for the provision of industrial property solutions in the area. Its role in supporting indigenous enterprise will transfer to Enterprise Ireland under the new mandate granted by me to Shannon Development last year.

Initiatives undertaken by Shannon Development in the provision of property solutions include the development of the Tipperary Technology Park in Thurles and the acquisition of a 29 acre site in Roscrea with a view to developing a business park. IDA Ireland is actively marketing these facilities to potential clients through its network of overseas offices. IDA Ireland's sectoral emphasis in the mid-west region is on attracting new knowledge intensive projects in information communications and technology, globally traded businesses, medical technologies and life sciences.

Shannon Development, in association with local authorities, is also spearheading the drive to bring high speed Internet access to the region. The Department of Communications, Marine and Natural Resources has recently approved funding for metropolitan area networks to be installed in each town, which should assist in attracting FDI and indigenous industry.

The Tipperary North County Enterprise Board is a source of support specifically for the micro-businesses sector. The role of the board is to develop indigenous enterprise potential and to stimulate economic activity and an enterprise culture within north Tipperary. This is done through both direct financial assistance and non-financial assistance. Subject to certain eligibility criteria, enterprises may qualify for support from the CEB primarily in the form of feasibility, employment and capital grants, while there is a broad range of non-financial supports available such as mentoring, business advice, information, management development and training.

I am confident that the strategies and policies being pursued by the development agencies in furtherance of their statutory functions, together with the ongoing commitment of Government to regional development, will bear fruit in terms of additional sustainable investment and jobs for the people of Thurles and the wider north Tipperary area.

Health and Safety Regulations.

Arthur Morgan

Ceist:

433 Mr. Morgan asked the Minister for Enterprise, Trade and Employment the expected date of publication of regulations regarding the drug testing of employees as provided for in the Safety, Health and Welfare at Work Bill 2005. [15294/06]

The Health and Safety Authority has a commitment in its programme of work for 2006 to develop proposals for regulations under section 13(1)(c) of the Safety, Health and Welfare at Work Act 2005, which Act commenced on 1 September 2005. I wrote to the Health and Safety Authority in October 2005 seeking proposals.

I understand that in January and February of this year, four preliminary public consultation meetings were held by the Health and Safety Authority throughout the country at which, among other issues, the matter of intoxicants at work was discussed. When proposals for draft regulations are prepared by the authority they will be issued for formal public consultation in accordance with section 57 of the Safety, Health and Welfare at Work Act 2005.

I have no indication, as yet, as to the timetable for submission of a draft to me for consideration. However, once received I intend to bring the draft regulations to the Oireachtas Committee on Enterprise and Small Business for its views.

National Spatial Strategy.

Paudge Connolly

Ceist:

434 Mr. Connolly asked the Minister for Enterprise, Trade and Employment his view on the impact of Cavan town’s hub town status under the national spatial strategy since the national spatial strategy was unveiled; the way in which he proposes to implement the policy with regard to Cavan; and if he will make a statement on the matter. [15308/06]

Paudge Connolly

Ceist:

435 Mr. Connolly asked the Minister for Enterprise, Trade and Employment his assessment of the impact of Monaghan town’s hub town status under the national spatial strategy on development since the national spatial strategy was unveiled; the way in which he proposes to implement the policy with regard to Monaghan; and if he will make a statement on the matter. [15309/06]

I propose to take Questions Nos. 434 and 435 together.

Overall responsibility for leading on the implementation of the national spatial strategy, NSS, rests with my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Roche. In so far as enterprise development is concerned, the designation of Cavan and Monaghan as hub towns should have a positive impact on their marketability and development. Both towns are strategically located and have improving interaction with substantial urban centres in Northern Ireland.

The marketing of individual towns and counties for job creation and investment is a day-to-day operational matter for the development agencies and while I may give general policy directives to agencies, I am precluded under the Industrial Development Acts from giving directives regarding individual undertakings or from giving preference to one area over others. However, I am informed by the development agencies under my remit that they are actively promoting these locations for additional investment and job creation.

Following the publication of the NSS, IDA Ireland set about adjusting its regional strategy to conform with the NSS and formally adopted a gateway approach. The agency is promoting these hub towns for foreign direct investment through its overseas network of offices. Enterprise Ireland works with and provides a range of supports to its 103 client companies in County Cavan and 141 client companies in County Monaghan. In this regard Enterprise Ireland encourages and facilitates clients' investment in innovation and productivity improvement initiatives, and delivers first time exporter workshops followed by market visits for all prospective new exporters. Both Enterprise Ireland and IDA Ireland support the development of entrepreneurship in the regions through assistance to, and collaboration with, local authorities, third level institutions and the regional development structures and bodies.

In 2006, the Cavan and Monaghan county enterprise boards will continue to be actively involved in the economic development of the counties and will ensure that available funds are targeted to maximise entrepreneurial development throughout the locality. This will be done not just by direct grant aid to businesses and project promoters but also through the provision of a range of other important business supports such as mentoring, business training and business advice, all of which help to stimulate indigenous enterprise creation.

I am confident that the strategies and policies being pursued by the agencies in these counties, together with the ongoing commitment by Government to regional development, will bear fruit in terms of overseas investment and jobs.

Industrial Development.

Denis Naughten

Ceist:

436 Mr. Naughten asked the Minister for Enterprise, Trade and Employment if funding will be approved for a project (details supplied) in County Roscommon; the discussions he has had with Enterprise Ireland on the issue; and if he will make a statement on the matter. [15337/06]

The administration of the community enterprise centre, CEC, scheme is a day-to-day matter for Enterprise Ireland and not one in which I am directly involved. Enterprise Ireland advertised the 2006 CEC scheme in a public call for proposals in the national press on 19 and 20 January 2006. The closing date for receipt of applications is 27 April 2006.

As this is a competitive scheme, there is no allocation of funding on a county-by-county basis. All applications will be assessed and eligible projects will be evaluated and approved by the Enterprise Ireland board or a decision making committee appointed by the Enterprise Ireland board. Where the number of suitable applications exceeds the available funding, those ranked highest against the published criteria will be supported.

I understand that on 12 April last, Enterprise Ireland west regional staff met with the group named by the Deputy to discuss its proposed CEC application and that the agency is now awaiting receipt of the group's formal application.

Community Employment Schemes.

James Breen

Ceist:

437 Mr. J. Breen asked the Minister for Enterprise, Trade and Employment if he will abolish the stipulation whereby a person on a community employment scheme reaching age 55 will be able to continue indefinitely and not be subjected to a three year extension noting the fact that some will not be able to get employment on an open labour market; and if he will make a statement on the matter. [15445/06]

Community employment, CE, is an active labour market programme designed to provide eligible long-term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a temporary, fixed term basis. CE helps unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and assisting them to enhance-develop both their technical and personal skills.

As part of the restructuring of CE approved in 1999, future participation in CE by an individual was capped at three years, effective from April 2000. This change was introduced to encourage unemployed persons to avail of training/education options where possible. The three year cap was amended in August 2001 to allow particularly disadvantaged persons to remain on the programme for a further period. In general, approximately 20% of participants, including persons less than 55 years of age, may benefit from an additional year on the programme under the flexibility guidelines introduced in August 2001. However, depending on the circumstances, FÁS may approve additional time on a scheme to address the needs of individual participants or to maintain service provision.

In November 2004, the three year CE cap was revised to allow those of 55 years of age and over to avail of a six year period on CE, based on participation since 3 April 2000. This was in recognition of the fact that older participants may find it more difficult to progress into employment. It also helps to maintain the provision of worthwhile community projects.

Legal Services.

Ruairí Quinn

Ceist:

438 Mr. Quinn asked the Minister for Enterprise, Trade and Employment if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15769/06]

The information sought by the Deputy relating to my Department and its offices is set out in the tables.

2004

Name of Legal Adviser

Purpose of Advice

Total Cost for Year

Amárach Consulting

Research conducted into the Legal Framework as a barrier to online trading

42,350

Una Tighe Barrister

Technical legal advice provided in the drafting of secondary legislation

7,018

Tomkins & Co. Ltd., Trade Mark & Patents Attorneys

Legal services engaged to defend the Irish State Emblems (the Harp and the Shamrock) from unauthorised use or misuse in cases arising either within or outside the State.

993

O’Mara, Geraghty and McCourt

Provision of legal advice to staff member

302

Neil Kennedy

Examination of case in relation to Sect 191 of the Companies Act 1990

9,500

Prof. Robert Kirk

Examination of case in relation to Sect 191 of the Companies Act 1990

4,500

McCann Fitzgerald

Legal advice re case in relation to Sect 191 of the Companies Act 1990

3,950

Cathy Maguire B.L.

Legal Services to the Office of the Director of Consumer Affairs (ODCA)

3,690

Gerard Hogan B.L.

Legal Services to the ODCA

605

Oisín Quinn B.L.

Legal Services to the ODCA

3,932

Martin G. Linnane

Legal Services to the ODCA

726

Emily Egan B.L.

Legal Services to the ODCA

738.

Martin G. Linnane State Solicitor

Legal Services to the ODCA

986

Paul Fitzpatrick State Solicitor

Legal Services to the ODCA

1,415

David Humphries B.L.

Legal Services to the ODCA

1,391

Paul Gardiner BL

Legal Services to the ODCA

726

Kennedy Fitzgerald Solicitors

Legal Services to the ODCA

484

Gillece Callanan & Co.

Legal Services to the ODCA

1,300

Michael D. Murray State Solicitor

Legal Services to the ODCA

1,019

Martin G. Linnane State Solicitor

Legal Services to the ODCA

363

Gerald Meaney State Solicitor

Legal Services to the ODCA

484

S.F. Hughes & Co.

Legal Services to the ODCA

302

J. Buckley & Company Solicitors

Legal Services to the ODCA

23,550

Steen O’Reilly Solicitors

Legal Services to the ODCA

728

Paul Fitzpatrick State Solicitor

Legal Services to the ODCA

1,022

Rosario Boyle B.L.

Legal Services to the ODCA

1,694

Brian Murray

Legal Consultation Fees for the Office or the Director of Corporate Enforcement (ODCE)

8,318

Connolly Lowe

Legal Consultation Fees

798

Paul Anthony McDermott

Legal Consultation Expenses For ODCE

5,505

William Abrahamson B.L.

Legal Consultation Expenses For ODCE

3,630

Conor Bourke

Legal Consultation Expenses For ODCE

6,050

Cyril O’Neill & Co.

Legal Costs Accountancy Assignments, Court Appearances for ODCE

9,688

Dixon Quinlan

Legal and Prosecution Costs for ODCE

121

Edward J.P. Hanlon

Legal Services For ODCE

393

Eileen Barrington S.C.

Legal Consultation Expenses For ODCE

4,718

Grainne Clohessy

Legal Consultation Expenses For ODCE

4,235

Mannion Aird & Co.

Legal Services For ODCE

48

Michael Murray S.C.

Legal Services For ODCE

60

Patrick P. Murphy

Legal Services For ODCE

500

Remy Farrell

Legal Consultation Expenses For ODCE

2,722

Rochford Brady

Legal Searches and Services For ODCE

2,414

S.F. Hughes

Legal Services For ODCE

154

Una Tighe

Legal Consultation For ODCE

1,028

Kilroys Solicitors

The provision of legal advice on issues arising in the operation of the Export Credit Insurance Scheme as and when required.

81,505

O’Mara Geraghty McCourt

Legal Adviser to the Director of Consumer Affairs (Consultancy)

107,081

John Breslin

Study of Unfair Commercial Practices Directive

7,260

John Hennessy B.L.

Various investigations under Section 19 of the Companies Act, 1990

73,629

Quinn & Hampson Attorneys at Law

Investigation under S.19 of the Companies Act, 1990

3,676

Caroline Costello

Consultation Expenses For ODCE

19,239

Eanna Molloy

Consultation Expenses For ODCE

15,648

Michael Cush

Consultation Expenses For ODCE

15,367

Richard Nesbitt S.C.

Legal Consultation Expenses For ODCE

4,416

2005

Name of Legal Adviser

Purpose of Advice

Total Cost for Year

Tomkins & Co. Ltd., Trade Mark & Patents Attorneys

Legal services engaged to defend the Irish State Emblems (the Harp and the Shamrock) from unauthorised use or misuse in cases arising either within or outside the State.

750

William Fry Solicitors

Provision of legal advice in relation to implementation of the Prospectus Directive

68,321

McCann Fitzgerald

Legal Advice re the Irish Auditing & Accounting Supervisory Authority — Memo and Articles of Association

5,445

McCann Fitzgerald

Examination of case in relation to Sect 191 of the Companies Act 1990

5,324

McCann Fitzgerald

Services re recruitment of Legal Adviser to the Irish Auditing & Accounting Supervisory Authority

907

McCann Fitzgerald

Advice re levies to be imposed on companies by the Irish Auditing & Accounting Supervisory Authority

1,815

O’Mara Geraghty McCourt

Legal Adviser to the Office of the Director of Consumer Affairs (ODCA)

97,270

James E. Cahill & Co.

Legal Services to the ODCA

907

Matheson Ormsby Prentice

Legal Services to the ODCA

116,005

Kennedy Fitzgerald Solicitors

Legal Services to the ODCA

302

Jonathan Kilfeather B.L.

Legal Services to the ODCA

1,554

Niall J O’Neill B.L.

Legal Services to the ODCA

2,565

Cathy Maguire B.L.

Legal Services to the ODCA

907

Patsy Gallagher & Co.

Legal Services to the ODCA

1,694

Rory Hayden & Co.

Legal Services to the ODCA

302

Cathy Maguire B.L.

Legal Services to the ODCA

302

Elizabeth Cogan B.L.

Legal Services to the ODCA

19,783

Billy Loughnane

Legal Services to the ODCA

1,281

Edward O’Sullivan Solicitors

Legal Services to the ODCA

30,297

Emily Egan B.L.

Legal Services to the ODCA

1,270

Gerard Daly & Co. Solicitors

Legal Services to the ODCA

3,025

Paul Gardiner S.C.

Legal Services to the ODCA

23,050

John Hennessy B.L.

Various investigations under Section 19 of the Companies Act, 1990

9,922

Denis McDonald S.C.

Investigations under Section 19 of the Companies Act, 1990

1,906

Matthias Kelly

Investigations under Section 19 of the Companies Act, 1990

194,817

Barry Healy & Co.

Legal Services For ODCE

181

Denis McDonald

Legal Consultation For ODCE

3,630

Eoghan Fitzsimons

Legal Consultation For ODCE

1,210

Gwen Malone

Legal Services For ODCE

178

Hugh Hartnett

Legal Consultations For ODCE

32,670

Michael Cush

Legal Consultations For ODCE

8,712

Paul Anthony McDermott

Legal Consultations For ODCE

847

Shane Murphy

Legal Consultations For ODCE

9,801

Rochford Brady

Legal Services For ODCE

5,109

Seán Ó Ceallaigh & Co.

Legal Services For ODCE

96

Anthony Kerr

Legal Services for Employment Rights Group

3,025

Aillil O’Reilly B.L.

Advice re consolidation of existing liquidation legislation

1,512

Caroline Costello B.L.

Legal Consultation Expenses For ODCE

36,663

Eileen Barrington

Fees to Counsel For ODCE

11,071

Remy Farrell

Fees to Counsel For ODCE

40,867

Kilroys Solicitors

The provision of legal advice on issues arising in the operation of the Export Credit Insurance Scheme as and when required.

32,000

Ruairí Quinn

Ceist:

439 Mr. Quinn asked the Minister for Enterprise, Trade and Employment the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15783/06]

The recruitment of staff, including legal advisers and other qualified legal personnel, by the State bodies under the aegis of my Department is an operational matter for the bodies concerned. While I retain responsibility for policy issues, I am not responsible for the day-to-day operational activities of these bodies, which are statutorily independent. However, I am informed by the bodies concerned that the table shows the position as regards the number of legal advisers and other qualified lawyers employed.

Body

Number Employed

Competition Authority

2

Enterprise Ireland

1

FÁS

0

Forfás

0

Irish Auditing & Accounting Supervisory Authority — IAASA

1

Industrial Development Agency — IDA

1

Inter-Trade Ireland

0

National Authority for Occupational Safety & Health

1

National Standards Authority of Ireland — NSAI

0

Personal Injuries Assessment Board — PIAB

2

Science Foundation Ireland — SFI

0

Shannon Free Airport Development Co. — SFADCo

1

Ruairí Quinn

Ceist:

440 Mr. Quinn asked the Minister for Enterprise, Trade and Employment if his Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the law offices of the State, 1997, that legal advice should be given to the Government only by the Attorney General and his office. [15797/06]

The following is the position with regard to the number of legal advisers employed by the Department and the offices of the Department. It is not the practice of my Department to disclose the names of civil servants.

The legal adviser employed by the Department in the company law area was recruited following a recommendation made in the report of the working group on company law compliance and enforcement. The working group was established in 1998 to identify ways of improving compliance with, and enforcement of, company law from a legislative, organisational and resources perspective. The report recommended that a full-time principal solicitor be recruited exclusively to assist company investigations work and to provide legal advice on company law issues that arise daily.

On its establishment, three legal adviser posts were assigned to the Office of the Director of Corporate Enforcement. As an enforcement body, ODCE requires internal legal advice for the director to implement the Companies Acts and to assist in the investigation and prosecution of criminal and civil cases. The legal adviser in the Companies Registration Office is subject on matters of legal opinion to the Attorney General and seeks decisions from his office as necessary.

The registrar of companies regularly has to make decisions requiring interpretations of law. There is extensive correspondence with legal firms on points of law. Both the registrar and the legal adviser are involved in extensive work with the company law review group. The benefit of the legal adviser position in the CRO is that advice is readily available on the issues that arise daily.

The Director of Consumer Affairs is an independent statutory officer and as such requires, on occasion, independent legal advice on a range of issues. The office has a consultancy contract with a legal adviser who supports the office on a part-time basis.

Section 13(1)(a) of the Industrial Relations Act 1946 provides that the Minister shall appoint to be registrar of the Labour Court a practicing barrister or practicing solicitor of not less than ten years' standing. The registrar holds office on such terms and receives such remuneration as the Minister for Finance determines.

Social Welfare Code.

David Stanton

Ceist:

441 Mr. Stanton asked the Minister for Social and Family Affairs the estimated cost of the carer’s allowance if the carer’s means were individually assessed for the payment; and if he will make a statement on the matter. [14287/06]

The carer's allowance is a social assistance payment which provides income support to people who are providing certain older people or people with a disability with full-time care and attention and whose incomes fall below a certain limit. In the course of the carer's allowance means test, account is taken of the claimant's own means and, in the case of a couple, the joint means are assessed. An assumption is made that both members of a couple benefit from the earnings of one or both of them. In this regard, recipients of carer's allowance are treated in the same way as recipients of all other social assistance payments. This ensures that resources are directed to those in greatest need.

The carer's allowance means test has been eased significantly in the past few years, most notably with the introduction of disregards of spouses' earnings. Provision was made in budget 2006 to increase the income disregard on the carer's allowance means test to €290 per week for a single person and to €580 per week for a couple from April this year. This ensures that a couple with two children can earn up to €32,925 per annum and still receive the maximum rate of carer's allowance. The same couple may earn up to €54,400 and receive the minimum rate of carer's allowance as well as the free travel, the household benefits package and the respite care grant.

At the end of 2005, there were 24,981 carer's allowances in payment. Of these, almost 91% were in payment at the maximum rate and 9% at reduced rates. The additional cost of paying the maximum rate to those carers who currently receive a reduced rate is estimated to be in the region of €11 million annually. However, there would be considerable knock on effects as such an approach could effectively abolish the means test. 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. Those recommendations involving additional expenditure will be considered in a budgetary context.

Michael Ring

Ceist:

442 Mr. Ring asked the Minister for Social and Family Affairs the reason unemployed people are not given the opportunity to apply for the position of census enumerator; and if it is confined only to retired public servants. [14343/06]

It was open to unemployed persons to apply for the position of census enumerator with the Central Statistics Office if they wished to do so. The matter of recruiting census enumerators is more appropriate to the Department of the Taoiseach.

Social Welfare Benefits.

Michael Ring

Ceist:

443 Mr. Ring asked the Minister for Social and Family Affairs when a decision on a carer’s allowance claim will be made for a person (details supplied) in County Mayo, in view of the fact that the person has sent in all the necessary information; and the reason for the delay. [14400/06]

The person concerned applied for carer's allowance in respect of two care recipients on 3 March 2006. 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.

On 22 March 2006, to determine if the person concerned satisfies the habitual residence condition, he was requested to complete the relevant departmental form. To date this form has not been received in my Department. A reminder letter issued to him on 18 April 2006. Under social welfare legislation, decisions relating to 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.

Official Engagements.

Bernard Allen

Ceist:

444 Mr. Allen asked the Minister for Social and Family Affairs the details of his travels abroad for the St. Patrick’s Day celebrations; the people who travelled with him in the official party; the duration of the visit; and the cost. [14502/06]

I represented the Government at a number of engagements and events in Boston to celebrate and mark St. Patrick's Day in the USA. My official party travelled to Boston on 14 March 2006 and returned on 18 March 2006.

My itinerary included an address that focused on Ireland's knowledge economy to the Irish Association at Massachusetts Institute of Technology, an address at a breakfast to mark the expansion of the operations of the Irish software company, Candidate Manager. I also spoke at an Irish American Partnership breakfast and an Ireland Chamber of Commerce, ICCUSA, St. Patrick's Day brunch. I also met Irish immigration organisations and support groups located in the Boston area and attended the formal opening of a major new exhibition at the JFK Library on President Kennedy's visit to Ireland in June 1963. In addition, I was guest at a number of Irish and US diplomatic receptions.

The official party consisted of myself, my private secretary and my personal assistant. The costs of the trip are not yet available.

Social Welfare Benefits.

Michael Ring

Ceist:

445 Mr. Ring asked the Minister for Social and Family Affairs the reason an offer made by a person (details supplied) in County Mayo, who was overpaid by his Department, is not being accepted by his Department; and the reason this offer is not being accepted by him. [14549/06]

A deciding officer disallowed the unemployment assistance claim of the person concerned from 16 January 2001 to 23 September 2003, on the grounds that he was not unemployed for this period. Consequently, an overpayment of €14,486.46 was assessed on his claim. The person concerned called to the social welfare local office in Belmullet on 10 April 2006 and arrangements for repayment have been agreed with him. However, if his circumstances improve he should contact his local office and make arrangements to change his repayment rate.

Under social welfare legislation, decisions relating to 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.

Jack Wall

Ceist:

446 Mr. Wall asked the Minister for Social and Family Affairs the position of the application of a person (details supplied) in County Kildare for assistance towards the cost of school uniform and books; and if he will make a statement on the matter. [14606/06]

Jack Wall

Ceist:

450 Mr. Wall asked the Minister for Social and Family Affairs the position regarding an application by a person (details supplied) in County Kildare for rent allowance; and if he will make a statement on the matter. [14758/06]

I propose to take Questions Nos. 446 and 450 together.

The supplementary welfare allowance scheme, which includes rent supplement, is administered on my behalf by the community welfare division of the Health Service Executive. Neither I nor my Department has any function in decisions on individual claims. The executive has confirmed that the person concerned applied for a rent supplement on 28 March 2006 and that a decision on the matter will be made upon receipt of outstanding documentation from the person concerned.

The back to school clothing and footwear allowance, BSCFA, scheme is also administered on my behalf by the community welfare division of the Health Service Executive. This scheme assists low-income families with extra costs when children start school each autumn. The scheme operates from the beginning of June to the end of September each year. A person may qualify for payment of a back to school clothing and footwear allowance if he or she is in receipt of a social welfare or health board payment, is participating in an approved employment scheme or attending a recognised education or training course, and has household income at or below certain specified levels.

The HSE, Dublin mid-Leinster area, which administers the back-to-school clothing and footwear allowance scheme on my behalf, has advised that it has no record of an application from the family concerned. If the person concerned wishes to apply, she should contact the community welfare officer at her local health centre from June onwards to enable her entitlement to an allowance to be determined.

Normal day-to-day clothing needs are expected to be met from weekly social welfare or HSE payments. However, there is provision under the supplementary welfare allowance scheme to pay an exceptional needs payment, ENP, to people in certain circumstances who have clothing needs that they cannot be reasonably expected to meet from their weekly income. The executive has advised that it has no record of an application for such a payment from the family concerned. If the person concerned wishes to apply, she should contact the community welfare officer at her local health centre.

A grant scheme is available for students in State primary and post-primary schools to help with the cost of school books. The scheme is mainly aimed at pupils from low income families and families experiencing financial hardship. Funding for this scheme is available from the Department of Education and Science and the scheme is administered in each school by the school principal. Parents or guardians in need of such assistance should apply directly to the school principal of the child's school.

Social Welfare Code.

Joe Costello

Ceist:

447 Mr. Costello asked the Minister for Social and Family Affairs if the financial discrepancy that exists between the orphan and foster allowance will be addressed; and if he will make a statement on the matter. [14661/06]

The primary objective of the orphans payments administered by my Department is to provide income support in respect of children whose parents are deceased or who are unable or have failed to provide for them. The weekly rate of payment is €138 per week.

Foster carers, on the other hand, operate within a very specific framework and the foster care allowance is intended not only to provide income support but to recompense foster carers for the expense incurred in looking after a child who would otherwise be in institutional care. Foster carers are subject to rigorous scrutiny and ongoing monitoring by the health boards and the children in their care are subject to a care plan. The foster care allowance paid by the health boards is paid at a rate of €305 per week, per child under 12 years of age and €332 per week, per child of 12 years and over.

The two payment systems have significantly different objectives and I do not consider that there is a case for standardising payments in this area.

Social Welfare Benefits.

Seán Crowe

Ceist:

448 Mr. Crowe asked the Minister for Social and Family Affairs if a person (details supplied) in Dublin 24 was awarded supplementary allowance and was recently approved a disability allowance; and the reason this person cannot be awarded a rent allowance. [14684/06]

The supplementary welfare allowance scheme, which includes rent supplement, is administered on my behalf by the community welfare division of the Health Service Executive. Neither I nor my Department has any function in decisions on individual claims. The HSE, Dublin mid-Leinster area, has confirmed that a basic weekly supplementary welfare allowance payment was made to the person concerned while his claim for disability allowance was being considered. This payment was stopped when his disability allowance was put into payment.

The executive has further advised that a rent supplement application was received from the person concerned on 6 October 2005 and that it has been unable to make a decision on this claim, as it has not received sufficient documentation from the person concerned. The executive has advised that in the absence of this documentation a formal decision will now be made on this claim and that the person concerned will be notified of the outcome directly.

Paul Kehoe

Ceist:

449 Mr. Kehoe asked the Minister for Social and Family Affairs the number of special heating supplements which were issued under the supplementary welfare allowance scheme in the past three years; the costs for same; when the latest review of the fuel allowance scheme took place; and the findings of that review in terms of a lump sum payment for recipients. [14727/06]

Under the supplementary welfare allowance scheme, if a person has an exceptional heating cost due to a particular infirmity or medical condition which he or she is unable to meet out of household income, it is open to him/her to apply to the local community welfare officer for a special heating supplement.

The number of heating supplements paid and the annual expenditure on this supplement over the past three years is as shown in the table.

Year

Number in Payment

Expenditure

2003

3,048

€1.62m

2004

3,179

€1.718m

2005

3,369

€1.84m

The review of the fuel allowance in 1998 looked at payment methods. A survey of recipients with the allowance on a customer panel showed that the majority, 58%, preferred weekly payment, 22% wanted a once-off lump sum payment, 12% favoured direct debit to a supplier while 8% would rather have two lump sum payments during the fuel season. The review recommended continuing with the weekly payment method.

The table shows the number receiving a standard fuel allowance, a smokeless fuel supplement and annual expenditure from 2000 to 2005.

Year

Standard Fuel

Smokeless

Expenditure

Allowance Numbers

Supplement Numbers

2000

270,000

109,000

€55.487m

2001

265,000

108,000

€61.136m

2002

259,000

115,000

€80.532m

2003

270,000

118,000

€83.208m

2004

272,000

121,000

€84.710m

2005

264,400

118,600

€85.4m

Question No. 450 answered with QuestionNo. 446.

Michael Ring

Ceist:

451 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo, who is in receipt of disability allowance, has been refused the diet supplement in view of their low income and their special dietary needs; and if this case will be reviewed and the diet supplement awarded. [14956/06]

Recipients of social welfare or Health Service Executive payments who have been prescribed a special diet as a result of a specified medical condition, and whose means are insufficient to meet their needs, may qualify for a diet supplement under the supplementary welfare allowance scheme. This scheme and related supplements are administered on my behalf by the community welfare division of the Health Service Executive and neither I nor my Department has any function relating to individual claim decisions.

The HSE west has advised that the person concerned had been prescribed a diabetic diet and applied to the executive for a diet supplement in March 2006. In accordance with the regulations governing the scheme at that time, the amount of diet supplement payable in this case was €54.34, less one third of the applicant's income — one sixth in the case of a couple. The person concerned did not qualify as one third of her income exceeded the cost of the diet.

To inform a reappraisal 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. This report is the most comprehensive review of specialised diets and food costs that has been carried out in the past decade.

The study recommended a new framework for classifying the various diets and my Department has now finalised a revised diet scheme and regulations, which took account of the findings and recommendations of the study. Under the revised scheme, diabetes is not classified as requiring one of the new prescribed diets but comes within a healthy eating diet which every person is expected to meet from one third of his or her basic payment. The person concerned would not qualify for a diet supplement based on the new diet supplement regulations. The executive has further advised that the person concerned has been informed of her right to appeal the decision to HSE west appeals officer.

Social Welfare Code.

Pat Carey

Ceist:

452 Mr. Carey asked the Minister for Social and Family Affairs the reason the eligibility criteria for persons wishing to avail of the back to work enterprise allowance in the case of recipients of disability allowance is three years while in the case of all other categories the limit has been reduced to two years; and if he will make a statement on the matter. [14972/06]

The qualifying period for people on disability allowance who wish to avail of the back to work enterprise allowance is 12 months. The qualifying period for people on disability benefit is three years. The back to work allowance scheme is part of my Department's programme of initiatives designed to assist long-term unemployed people, lone parents, people with disabilities and other social welfare recipients to return to the active labour force.

There are two strands to the scheme, the back to work enterprise allowance for self-employment and the back to work allowance for employees. The allowance was introduced in September 1993 when long-term unemployment stood at 8.9%. In its early years the scheme proved very effective in helping people who had been long-term unemployed to return to the labour force. At present, there are 8,559 participants in the scheme, compared to 39,343 in October 2000 when the scheme reached its peak.

In recognition of the difficulties being experienced by some people returning to the labour force after three or five years of attachment to the live register, the qualifying period for access to both the employment and self employment strands of back to work was reduced to two years with effect from March 2006. In July 2001, the scheme was extended on a pilot basis — 200 places — to those in receipt of disability benefit for at least five years. This was reduced to three years in April 2002. Disability benefit is regarded as a short-term payment where the person is coming from employment. The other qualifying payments such as disability allowance are considered to be longer-term payments. For this reason the qualifying period for participation on the scheme from disability benefit is greater than other categories of social welfare recipients.

The scheme is continually monitored to ensure its relevance to current labour market conditions and to ensure that it continues to assist those furthest from the labour market to gain a foothold into sustainable employment or self-employment.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

453 Mr. Durkan asked the Minister for Social and Family Affairs his views on the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [14999/06]

Under standard supplementary welfare allowance rules rent supplements are normally calculated to ensure that a person, after the payment of rent, has an income equal to the rate of SWA appropriate to their family circumstances less a minimum contribution, currently €13, which recipients are required to pay from their own resources. Recipients are also required, subject to income disregards, to contribute any additional assessable means that they have over and above the appropriate basic SWA rate, towards their accommodation costs.

Prior to Budget 2006, the person concerned had an income of €186.20 per week after the payment of her rent. Following the application of the budget increases and the increase in her income, arising from the award of one parent family payment, the amount of rent supplement fell but the person concerned has an income of €203.20 per week after the payment of her rent, an overall net increase of €17 per week.

In my reply to a previous question from the Deputy on 30 March 2006, I informed him that the Health Service Executive was satisfied that the correct amount of rent supplement was paid in this case. The executive has advised that an appeal concerning the rate of rent supplement awarded was received from the person concerned on 21 March 2006. The executive has further advised that the executive's appeals officer has upheld the decision of the executive. Where a person is not satisfied with the decision of the executives appeals officer, the person may appeal this decision to the independent social welfare appeals office.

Bernard J. Durkan

Ceist:

454 Mr. Durkan asked the Minister for Social and Family Affairs the correct rent support payable in the case of persons (details supplied) in Dublin 1; if they have been refused allowance in one community care area but qualify in another; and if he will make a statement on the matter. [15003/06]

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

The Health Service Executive has advised that the person concerned was in receipt of rent supplement as a single person. Following her marriage in February 2006, she changed address and applied for rent supplement in respect of herself and her partner. Her partner is an asylum seeker who was housed in direct provision accommodation provided by the reception and integration agency.

The application for rent supplement was refused on the basis that the rent level was in excess of the limits for a single person. The executive advised that the person concerned was assessed as a single person as the accommodation needs of her partner were and should continue to be met by the reception and integration agency until such time as his claim for asylum has been decided.

The executive has further advised that an appeal concerning the rent supplement has been received from the person concerned. A decision on the appeal will be made in due course and the person concerned will be notified of the position.

It remains open to such a family wishing to live together, including people with permission to remain in the State, to apply to the reception and integration agency of Department of Justice, Equality and Law Reform to be accommodated within the direct provision system.

John McGuinness

Ceist:

455 Mr. McGuinness asked the Minister for Social and Family Affairs further to a previous parliamentary question if he will expedite a response to an appeal for financial assistance or exceptional needs payment in the name of a person (details supplied) in County Kilkenny. [15044/06]

Under the terms of the supplementary welfare allowance scheme, the Health Service Executive may make a single payment, known as an exceptional needs payment, ENP, to help meet essential, once-off, exceptional expenditure, which a person could not reasonably be expected to meet out of his or her weekly income. Eligible people would normally be in receipt of a social welfare or Health Service Executive payment.

Exceptional needs payments are not issued in individual cases on an ongoing basis. They are issued at the discretion of the Health Service Executive and neither I nor my Department has any function in deciding entitlement in individual cases.

The south-eastern area of the Health Service Executive has advised that the person concerned was paid an exceptional needs payment of €130 to replace clothes and furniture that were damaged following an accident in his home. The person concerned has appealed this decision regarding the amount of the exceptional needs payment. A decision on the appeal will be made shortly and the person concerned will be informed of the outcome.

Paul Kehoe

Ceist:

456 Mr. Kehoe asked the Minister for Social and Family Affairs if his attention has been drawn to the fact that people on FÁS courses, workplace schemes, community employment schemes and part-time job incentives do not currently qualify for the family income supplement; the reason for same; and his plans to change the anomaly. [15046/06]

The family income supplement, FIS, is designed to provide cash support for employees on low earnings with families. This preserves the incentive to remain in employment in circumstances where the employee might only be marginally better off than if he or she were unemployed and claiming other social welfare payments. FIS is paid on a weekly basis over a period of 52 weeks, taking into account a family's net earnings and the number of children under 18 or aged between 18 and 22 years and in full time education.

CE and FÁS training courses are publicly funded employment and training programmes with the specific objective of progressing the long-term unemployed and other disadvantaged people from social welfare dependency towards employment in the open labour market. The workplace scheme, which has now been phased out, enabled participants to gain workplace experience while retaining full social welfare payments.

As the part-time job incentive scheme applies to people working up to 24 hours, participants may transfer to FIS where the FIS qualifying conditions are met. FIS is designed to encourage people to take up or remain in full-time work in the open labour market in circumstances where dependency on social welfare alone may otherwise appear attractive. Extension of entitlement to people engaged in FÁS training programmes, community employment or similar schemes would not be consistent with these policy objectives.

Community Welfare Officers.

Jerry Cowley

Ceist:

457 Dr. Cowley asked the Minister for Social and Family Affairs if he will confirm that it is intended to replace the community welfare officer with the Department of Social and Family Affairs officer; his views on whether this is a retrograde move; and if he will make a statement on the matter. [15129/06]

The supplementary welfare scheme is administered by the community welfare service of the Health Service Executive, on my behalf. The commission on financial management and control systems in the health service, which reported in 2003, noted that over the years the health system had been assigned responsibility for a number of services which might be regarded as non-core activities. It recommended that the Government consider assigning non-core activities currently undertaken by agencies within the health service to other bodies.

The Government subsequently set up an interdepartmental group to examine this issue. The report of the interdepartmental group was accepted by the Government recently. The report recommends, among other things, that income support and maintenance schemes, together with associated resources, should be transferred to my Department. This initiative has been mooted several times in the past and is a logical approach to provision of these services.

The transfer would include community welfare officers and others. Given the organisational, human resource and industrial relations implications of the transfer, consultations with all stakeholders will be part of the process to implement the decision. As a first step, a departmental working group has been established to progress implementation of the transfer.

The changes arising from the decision will have major implications for my Department's existing services and for the future delivery of supplementary welfare allowance. I am confident that this transfer process can be carried out without any negative effect on the standard of service currently provided by community welfare officers, or in the important role that they play in addressing issues of disadvantage in the community.

Local Authority Charges.

Brian O'Shea

Ceist:

458 Mr. O’Shea asked the Minister for Social and Family Affairs the discussions he has had with the Department of Finance in the matter of the introduction of a national waiver scheme for refuse charges; and if he will make a statement on the matter. [15183/06]

There have been no formal discussions with the Department of Finance in relation to a waiver scheme for refuse charges. The setting of waste management charges and the introduction of waivers in respect of waste charges is, as stated by my colleague the Minister for Environment, Heritage and Local Government, a matter for each local authority.

The introduction of a national social welfare scheme to address the issue would be complex given the wide range of charging regimes and cost structures that exists in respect of waste management throughout the State. Any system put in place to assist people who rely on private domestic waste collection would have to be sensitive to the different local arrangements. I intend to keep the matter under review and to monitor the experiences of welfare customers under the various charging systems and cost structures.

Social Welfare Benefits.

Paul Connaughton

Ceist:

459 Mr. Connaughton asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Galway is not entitled to the full rate allowable under the back to work scheme; and if he will make a statement on the matter. [15209/06]

Participants on the back to work allowance scheme are entitled to the allowance for up to three years and retain their entitlement to other secondary benefits, or for four years if opting for self-employment commencing in year one at 100%. For employees, the rate of payment is as follows: year one, 75%; year two, 50%; and year three, 25%.

Participants who leave the scheme are allowed to resume at the point where they concluded. There are no circumstances whereby a claimant who has already exhausted full entitlement to the back to work allowance will re-qualify for the scheme. Neither are there any circumstances where a person can qualify for more than three years as an employee, or four years as a self employed person, on any claim or combination of claims.

The person concerned commenced employment on 20 January 1999. He left the scheme on 18 September 2001 and at that stage he was in receipt of payment at the 25% rate. In accordance with regulations when he resumed his participation on the scheme on 1 March 2006 the back to work allowance was made payable at 25%.

Bernard J. Durkan

Ceist:

460 Mr. Durkan asked the Minister for Social and Family Affairs if he will review his previous decision to refuse supplementary welfare allowance in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15214/06]

Rent supplements are available to eligible people through the supplementary welfare allowance scheme administered on my behalf by the community welfare division of the Health Service Executive.

The HSE, Dublin mid-Leinster area, has advised that it has thoroughly examined all information available to it on the circumstances of the person concerned and has determined that she is not eligible for rent supplement on the basis that she is a full-time student. It has further advised that this decision has been upheld by the executive's designated appeals officer. Where a person is not satisfied with the decision of the executive's appeals officer, the person may appeal this decision to the independent social welfare appeals office; no such appeal has been received.

Neither I nor my Department has any function in determining entitlement in individual cases.

Departmental Records.

Eamon Gilmore

Ceist:

461 Mr. Gilmore asked the Minister for Social and Family Affairs the estimated percentage of the population included in the central records system maintained by his Department; the estimated accuracy and currency of the addresses listed; if this database would be of assistance and is available to local authorities to assist in electoral registration duties; if not, his proposals on same; and if he will make a statement on the matter. [15389/06]

The Department's central records system, CRS, contains 5.6 million active records. This database has been in existence since 1979. The personal public service, PPS, number, which is widely used to access public services, is the customer identifier in the database. Practically all the population has a PPS number included in the database.

The CRS database is at the core of all the Department's customer-oriented transactions. Existing customers on the Department's schemes — circa 900,000 — are obliged to inform or update the Department of change of address and the address information for this group is likely to be reasonably current. However, the address data for the remaining records on the database may not be as current as there is no legal requirement for an individual to formally maintain official address data.

Preliminary discussions with the Department of the Environment, Heritage and Local Government on the use of the PPS number on the electoral register have taken place. These have indicated legal, technical and operational issues with the sharing of data. The sharing of databases of personal information between public services agencies can only be done in accordance with legislative provisions and where it is possible to accurately match identity data. Considerable effort has been made by my Department over several years to improve the quality of its identity data. An equivalent programme of work would need to be undertaken on the electoral register before it would be practically possible to match the data.

Social Welfare Benefits.

David Stanton

Ceist:

462 Mr. Stanton asked the Minister for Social and Family Affairs his views on whether he will waive habitual residence qualifying condition for carer’s allowance in particular for persons who are returning from living overseas to take up the full-time care of a sick relative; and if he will make a statement on the matter. [15405/06]

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. Carers allowance is one of the schemes affected.

The basis for the restriction in the new rules is the applicant's habitual residence. 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.

It is open to persons returning to Ireland to care for sick or elderly relatives to make claims for carers allowance. Such persons will be required to satisfy a deciding officer that their centre of interest is now here and that it is their intention to remain here on a long-term basis in order to be deemed habitually resident in the State.

The application of the habitual residence condition has to be compatible with EU law and other international and national legal obligations and it is not possible in applying the condition, to discriminate in favour of any particular group or nationality. It is not possible to waive the habitual residence requirement in respect of persons who return home to care for sick relatives.

The habitual residence condition is being operated in a careful manner to ensure that the social welfare system is not open to everyone who is newly arrived in Ireland, while at the same time ensuring that people whose cases are appropriate to the Irish social welfare system have access to the system when they need it.

David Stanton

Ceist:

463 Mr. Stanton asked the Minister for Social and Family Affairs the number of people in receipt of rent allowance from his Department for each year respectively since the year 2000; the figure for 2006; the cost to his Department of same; and if he will make a statement on the matter. [15406/06]

Decontrolled rent allowance is payable to tenants of certain dwellings affected by the de-control of rents that occurred in July 1982. A tenant who suffers hardship due to a rent increase of a decontrolled rent may qualify for this form of rent allowance. The allowance is not assessable as means for the other social welfare or Health Service Executive payments.

The number of persons in receipt of rent allowance shows a gradual decrease as follows:

Year

No. in receipt

Annual expenditure

2000

472

£610,490.22 (punts)

2001

433

£592,886.06 (punts)

2002

383

€730,865.37

2003

342

€720,931.44

2004

303

€724,147.24

2005

270

€754,389.59

14 April 2006

263

€205,208.68

David Stanton

Ceist:

464 Mr. Stanton asked the Minister for Social and Family Affairs his views on altering the qualification criteria for the family income supplement to include self-employed persons; the reason self-employed persons are not eligible for the payment; and if he will make a statement on the matter. [15407/06]

Family income supplement, FIS, is designed to provide cash support for employees on low earnings with families. This preserves the incentive to remain in employment in circumstances where the employee might only be marginally better off than if he or she were unemployed and claiming other social welfare payments. FIS is paid on a weekly basis over a period of 52 weeks, taking into account a family's net earnings and the number of children under 18 or aged between 18 and 22 years and in full-time education.

Arrangements already exist whereby self-employed people on low earnings can receive additional payments under the social welfare system. Self-employed people whose income falls below the rate of unemployment assistance, UA, appropriate to their family circumstances are entitled to claim assistance. The rate of assistance payable depends on the person's means. In assessing means, account is taken of the net income the applicant may reasonably expect to receive in the next year, and all expenses necessarily incurred by the applicant in carrying out the business are disregarded. In addition, farm assist is payable as an income support for low-income self-employed farmers.

Any extension of FIS to other categories of persons would have to be considered in a budgetary context. There are no plans for such an extension in present circumstances.

David Stanton

Ceist:

465 Mr. Stanton asked the Minister for Social and Family Affairs the number of people aged over 66 in receipt of either the carer’s allowance or carer’s benefit for each year since the year 2003 respectively; the figure for 2006; and if he will make a statement on the matter. [15408/06]

David Stanton

Ceist:

466 Mr. Stanton asked the Minister for Social and Family Affairs the number of people in receipt of a State pension who also provide full-time care for a person for each year since the year 2003 respectively; the figure for 2006; and if he will make a statement on the matter. [15409/06]

I propose to take Questions Nos. 465 and 466 together.

The information requested by the Deputy regarding persons over 66 years in receipt of carer's allowance has been prepared in tabular format as follows:

Total carers over 66 years in receipt of Carer's Allowance

Carers

2003

2004

2005

2006*

Over 66 caring for 1

2,003

2,216

2,506

2,512

Over 66 caring for 2

173

178

204

196

Total

2,176

2,394

2,710

2,708

* This figure is for week ending 14 April 2006.

The information regarding persons over 66 in receipt of carer's benefit is not readily to hand but is currently being compiled and will be forwarded to the Deputy within the next few days.

The information requested by the Deputy on the number of people in receipt of a State pension who are providing full-time care and attention, is not readily available either from CSO data or the records of my Department in respect of 2003 and 2004.

In Budget 2005, the respite care grant was extended to all carers providing full-time care and attention. The grant is now paid regardless of means but is subject to certain employment-related conditions and the provision of full-time care and attention.

Figures are available within my Department of the numbers of persons in receipt of another social welfare payment and who qualified for the respite care grant in 2005. These figures are currently being compiled and will also be forwarded directly to the Deputy within the next few days.

Legal Advisers.

Ruairí Quinn

Ceist:

467 Mr. Quinn asked the Minister for Social and Family Affairs if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15770/06]

Legal advice and related support services for my Department are supplied by the office of the Attorney General and the office of the Chief State Solicitor, as appropriate.

During the years 2004 and 2005, my Department incurred expenditure in seeking legal and technical advice on the development of occupational and personal pensions, particularly in the context of the Pensions (Amendment) Act 2002 and related regulations, and on the EU Pension Funds Directive.

The total amount paid in respect of such advice was €1,452 to Matheson Ormsby Prentice solicitors in 2004, and €9,400 to Steptoe and Johnson solicitors in 2005.

Ruairí Quinn

Ceist:

468 Mr. Quinn asked the Minister for Social and Family Affairs the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15784/06]

The statutory agencies operating under the aegis of my Department are the Pensions Board, the Combat Poverty Agency, Comhairle, the Family Support Agency and the Social Welfare Tribunal. In addition, the Pensions Ombudsman comes under the remit of my Department.

The Pensions Board is the only State body, operating under the aegis of my Department, that employs a legal adviser in a professional capacity.

Ruairí Quinn

Ceist:

469 Mr. Quinn asked the Minister for Social and Family Affairs if his Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the Law Offices of the State, 1997, that legal advice should be given to the Government only by the Attorney General and his office. [15798/06]

My Department has a post of legal adviser, which is currently vacant due to a career break absence. The role of the post is clearly defined and states that the remit shall not encroach in any way upon the functions of the office of the Attorney General. All matters of major significance requiring legal advice continue to be referred to the Attorney General and advice from the Department's own legal adviser is not cited in any proposals being put before Government.

Driving Licences.

Catherine Murphy

Ceist:

470 Ms C. Murphy asked the Minister for Transport if his attention has been drawn to instances whereby licensing authorities are refusing applications for provisional licences by EU nationals due to failure on the part of the applicant to provide a passport despite the provision of other documents of identification listed in official documentation as sufficient; the level of discretion afforded to licensing authorities with respect to the granting or refusal of provisional licences in such circumstances; the policy in place with regard to the required documentation for provisional licence applications by EU nationals and non-EU nationals; if such a policy is notified on the application documents; and if he will make a statement on the matter. [14553/06]

Under the Road Traffic Act 1961 and the Road Traffic (Licensing of Drivers) Regulations 1999 to 2004, it is a matter for the appropriate licensing authority to determine the eligibility of a person for a provisional driving licence, and to issue licences.

The regulations provide for specific documentation to be submitted by an applicant for a provisional licence to a licensing authority in support of an application. A licensing authority may, in addition, at its absolute discretion, require an applicant to provide evidence of identity and for this purpose may require the applicant to produce any one of a wide range of listed documents. Details of this provision and of the documents are given on the application form.

Decentralisation Programme.

Paul Connaughton

Ceist:

471 Mr. Connaughton asked the Minister for Transport where Ballinasloe, County Galway, stands concerning the proposed decentralisation plan; the action taken to acquire a site and other relevant matters; the number of applicants who have applied for a transfer to Ballinasloe; when the project will be completed; and if he will make a statement on the matter. [14746/06]

Under the decentralisation programme there are 90 posts in the National Roads Authority, NRA, and 20 posts in the Railway Safety Commission, which are due to decentralise to Ballinasloe. Implementation issues, including the identification of accommodation, are being pursued by the agencies themselves. The following table shows the number of applications received for each agency.

Agency/Section

No. of posts to decentralise

CAF Applicants

Civil Servants

Public Servants

National Roads Authority (Ballinasloe)

90

59 (external) 1 (internal)

6 (external)

Railway Safety Commission (Ballinasloe)

20

4 (external)

2 (external)

The NRA and the RSC have not been identified by the decentralisation implementation group as early movers.

Recreational Watercraft.

Trevor Sargent

Ceist:

472 Mr. Sargent asked the Minister for Transport if he plans to establish in law any of the recommendations outlined in the Final Report of the Action Group on Small Powered Recreational Craft (including Personal Watercraft); and if a deadline will be set for the introduction of these recommendations. [15096/06]

The report of the action group on small powered recreational craft recommended a number of statutory initiatives. The majority of these initiatives have already been implemented and the position on each is outlined as follows.

Definition of personal watercraft, PWC, and fast power craft, FPC: PWC and FPC are defined in the Maritime Safety Act 2005 and in the Pleasure Craft (Personal Flotation Devices and Operation) (Safety) Regulations 2005, S.I. 921 of 2005, respectively.

Identification register of PWC and FPC: a review of the Irish ship registration system, generally, commenced in 2005 and is ongoing. The recommendation on a small vessel register will be considered in the context of this review.

Personal flotation devices and age limit of operators of PWC and FPC: in accordance with the Pleasure Craft (Personal Flotation Devices and Operation) (Safety) Regulations 2005, SI 921 of 2005, lifejackets/personal flotation devices must be carried. All children up to the age of 16 years are required to wear a lifejacket/personal flotation device, PFD, while on board a pleasure craft. This requirement applies to everyone on board small pleasure craft, under seven metres. In addition, there are age restrictions for the operation of pleasure craft for children under the age of 16.

By amending the definition of a vessel in the Merchant Shipping (Investigation of Marine Casualties) Act 2000, as amended by the Maritime Safety Act 2005, to include personal watercraft, such craft come within the "Rules of Water" as recommended by the action group.

Regulation of the use of intoxicants: the Maritime Safety Act 2005 contains provisions, which enable the restriction of the consumption of alcohol or drugs on board vessels. Such restrictions are included in the Pleasure Craft (Personal Flotation Devices and Operation) (Safety) Regulations 2005. In particular, they prohibit the operation of vessels while under the influence of alcohol or drugs.

Definition of offences of careless and dangerous driving: the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (Prescribed Classes of Vessels) Regulations 2001, introduced in 2001, prescribed PWC and FPC for the purposes of the careless and dangerous navigation or operation provisions of sections 35 and 36 of the Merchant Shipping Act 1992, as inserted by section 44(11) of the Merchant Shipping (Investigation of Marine Casualties) Act 2000.

The Maritime Safety Act 2005 also strengthened the law against the improper use of PWC and FPC, in particular by enabling local and harbour authorities to introduce byelaws to regulate their use. The Maritime Safety Directorate has prepared guidelines for the relevant authorities that have powers under the Maritime Safety Act.

Insurance and competency/training: the action group recognised that competency testing is a complex issue, which it said would require further consideration and it recommended that the issue of insurance cannot be treated in isolation from the overall issue of driver competence. This issue is currently on the Maritime Safety Directorate's work programme.

Apart from the statutory initiatives outlined, a key element in the programme to enhance safety in the recreational craft area is the publication of a code of practice for the safe operation of recreational craft. The purpose of this code, which follows an extensive consultation process with stakeholders, is to assist owners and operators, together with enforcement authorities, of recreational craft by setting out in one document current legislative requirements relating to recreational craft, in addition to recommended best practice regarding the safe operation of such craft. The final version of the code is currently being published and this is due to be officially launched on 24 May 2006.

Driving Tests.

Joe Costello

Ceist:

473 Mr. Costello asked the Minister for Transport the average waiting time at each driving test centre throughout the country; the number of testers employed at each centre; and if he will make a statement on the matter. [15185/06]

The information requested by the Deputy is included in the following table which sets out the supervisory driver testers assigned to each region and the test centres in each region where driver testers are headquartered. Driver testers are assigned from headquarter centers to meet the demand in other centers. In addition, there is a chief tester and one supervisory driver tester who works full time as a training and standards co-ordinator.

Centre

Average Weeks Waiting

Testers per Centre

Nth. Leinster

No. of Supervisors = 2

Finglas

33

16.5

Dundalk

40

Mullingar

35

Navan

51

1

Raheny

31

8

Sth. Leinster

No. of Supervisors = 2

Churchtown/Rathgar

38

16

Gorey

37

Naas

44

2

Tullamore

48

Wicklow

47

Tallaght

42

10

West

No. of Supervisors = 1

Athlone

25

2

Birr

34

Castlebar

26

2.5

Clifden

15

Ennis

31

3

Galway

30

6

Loughrea

26

2

Roscommon

33

1

Tuam

29

1

Nth. West

No. of Supervisors = 1

Ballina

19

Buncrana

27

Carrick-on-Shannon

31

2

Cavan

33

4

Donegal

35

Letterkenny

37

3

Longford

22

Monaghan

29

2

Sligo

26

2

Sth. East

No. of Supervisors = 1

Carlow

34

1

Clonmel

39

2

Dungarvan

45

Kilkenny

22

2

Nenagh

29

Portlaoise

45

1

Thurles

43

Tipperary

45

Waterford

32

4

Wexford

29

4

Sth. West

No. of Supervisors = 2

Cork

28

12.5

Killarney

28

2

Kilrush

34

Limerick

37

4

Mallow

33

Newcastle West

32

Shannon

41

Skibbereen

36

1

Tralee

22

2

Dublin Port Company.

Fergus O'Dowd

Ceist:

474 Mr. O’Dowd asked the Minister for Transport the status of Dublin Port Company; if there are plans to privatise same; and if he will make a statement on the matter. [15258/06]

The Dublin Port Company is a State-owned company established under the Harbours Act 1996. There are currently no plans to alter the ownership status of the Dublin Port Company.

Driving Tests.

Michael Ring

Ceist:

475 Mr. Ring asked the Minister for Transport his views on setting up a driving test centre in Belmullet, County Mayo, on a temporary basis while the tests for the Ballina test centre are postponed due to road works in Ballina; and if he will make a statement on the matter. [14254/06]

Michael Ring

Ceist:

476 Mr. Ring asked the Minister for Transport his plans to ensure that driving tests for the Ballina area in County Mayo are continued during the current spate of roadworks; the alternatives which will be put in place by his Department to either allow extra time for each test or to allocate additional testers to ensure that the tests continue at this location rather than all tests being postponed until June 2006; and if he will make a statement on the matter. [14255/06]

I propose to take Questions Nos. 475 and 476 together.

Arrangements have been made to continue conducting driving tests in Ballina despite the inconvenience being caused by the ongoing road works. Hourly tests are being put in place to allow for delays caused by the road works. The situation is being kept under review. As a result of these arrangements, I do not propose to open a temporary driving test centre in Belmullet, County Mayo.

Taxi Regulations.

David Stanton

Ceist:

477 Mr. Stanton asked the Minister for Transport the budget of the taxi regulator; the amount expended by his office since he was appointed; and if he will make a statement on the matter. [14355/06]

The Commission for Taxi Regulation was established as an independent body under the Taxi Regulation Act 2003, with effect from 1 September 2004. In 2004 and 2005, the costs incurred by the Commission for Taxi Regulation were supported by financial assistance from the Vote of the Department of Transport.

Payments made to the commission, which met all of its expenditure, were as follows.

Year

Amount

2004

748,779.45

2005

1,488,829.92

Since 1 January 2006, the commission has been financed from the income from licence fees from the small public service vehicles sector. Accordingly, information in relation to such costs and other such matters will be published as part of the annual report and accounts of the commission.

Driving Tests.

David Stanton

Ceist:

478 Mr. Stanton asked the Minister for Transport his plans to appoint more driver testers; and if he will make a statement on the matter. [14356/06]

There is currently a competition for driver testers being managed by the Public Appointments Service. Driver testers have not yet been appointed as a result of the process but I expect that ten will be appointed and undertaking tests by the summer. My Department has also employed seven people, on secondment from the Department of Agriculture and Food, who have recently finished training and are now in a position to conduct driving tests.

Road Safety.

Gay Mitchell

Ceist:

479 Mr. G. Mitchell asked the Minister for Transport his views on amending the law to allow for persons who are involved in car accidents and who feign illness or an injury to be tested for alcohol and drug levels; and if he will make a statement on the matter. [14385/06]

The Road Traffic Acts provide that a member of the Garda Síochána may require a person in charge of a mechanically propelled vehicle to provide a preliminary breath specimen where the vehicle is involved in a road collision or where a garda considers that a road traffic offence has been committed, or where a garda forms the opinion that the person has consumed alcohol.

The purpose of preliminary roadside breath testing is to provide gardaí with a facility to assist them in determining whether a person in charge of a mechanically propelled vehicle has consumed alcohol. However, the Road Traffic Acts provide that a person may be arrested for a drink driving offence without recourse to a preliminary breath test. In particular, there may be circumstances, especially in the context of a road collision, where it may not be possible for a member of the Garda to require that a person submit to a preliminary breath test.

Garda discretion in the use of preliminary roadside tests is an integral and important element of the enforcement provisions relating to the laws applying to drink driving and I do not propose to alter that position.

The Road Traffic Acts also place an obligation on a person to provide a blood or urine sample in a hospital. This applies where an event occurs involving a vehicle which results in a person being injured, or a person claiming or appearing to have been injured, where the person is admitted to or attends a hospital, and a member of the Garda is of the opinion that, at the time of the event, the person had consumed an intoxicant. An intoxicant includes alcohol and drugs or any combination of alcohol and drugs.

Proposed Metro Route.

Finian McGrath

Ceist:

480 Mr. F. McGrath asked the Minister for Transport if the proposed metro east route could be better aligned to Beaumont Hospital; and if there are other plans to service Beaumont Hospital with public transport. [14402/06]

The RPA is currently engaged in a public consultation process on route options for the Metro north line. The final route and location of stops will be defined through this public consultation and the statutory approval processes.

The Dublin Transportation Office's "A Platform for Change" continues to provide a strategic framework for the development of the greater Dublin area's transport system. In that context, feasibility studies and planning work will also be undertaken over the period of Transport 21 on other projects not included for implementation in this programme but contained in "A Platform for Change".

These projects include a light rail line linking the metro and suburban rail lines via Beaumont. Beaumont Hospital is currently served by a number of bus routes and the recently completed Dublin Bus network review sets out proposals for the development of the bus network in the medium term.

Road Traffic Offences.

John Curran

Ceist:

481 Mr. Curran asked the Minister for Transport the reason the offence of breach of a three tonne restricted area, which is the subject of an on the spot fine offence, is not included in the range of offences which incur penalty points; and if, in view of the dangers and nuisance posed by such breaches of the three tonne restrictions, he will make the necessary amendments to have this offence included with the other offences which incur penalty points. [14429/06]

The focus of the penalty point system is on road safety. The regulation of the movement of large vehicles by reference to unladen weight entering a road that is applied under Article 17 of the Road Traffic (Traffic and Parking) Regulations 1997, SI No. 182 of 1997, operates as an entry restriction measure as opposed to an entry prohibition measure.

Restricted entry means that under Article 17 a vehicle whose unladen weight exceeds the weight threshold specified on the regulatory traffic sign at the entrance to a road is still permitted to enter that road for the purposes of gaining access to or egress from premises accessible only from that particular road.

The driver of a large vehicle that enters the road in breach of that restricted access provision and uses the road instead as a through road to a destination elsewhere commits an offence and is liable to be issued with a fixed charge notice in that regard. Since 3 April 2006, the fixed charge applicable to this offence is €60 if paid within the initial 28-day period or €90 if paid within the following 28-day period.

Driving Tests.

Noel Grealish

Ceist:

482 Mr. Grealish asked the Minister for Transport the number of people who are on a waiting list for a driving test at 31 March 2006; the number of people who are awaiting a driving test due to the fact that they let their licence lapse; and if he will make a statement on the matter. [14436/06]

The information requested by the Deputy is set out in the following table. No information is available as to reasons an individual has applied for a driving test.

No. of Driving Test Applicants on waiting list — 27/03/06

Centre

North Leinster

Finglas

11,740

Dundalk

3,942

Mullingar

1,939

Navan

5,244

Raheny

8,069

South Leinster

Churchtown/Rathgar

12,302

Gorey

2,465

Naas

6,501

Tullamore

2,158

Wicklow

2,852

Tallaght

10,113

West

Athlone

1,318

Birr

1,403

Castlebar

2,126

Clifden

393

Ennis

1,550

Galway

3,592

Loughrea

1,228

Roscommon

1,114

Tuam

1,233

North West

Ballina

1,081

Buncrana

730

Carrick-on-Shannon

1,016

Cavan

1,832

Donegal

1,238

Letterkenny

2,401

Longford

1,046

Monaghan

1,226

Sligo

1,851

South East

Carlow

2,379

Clonmel

2,091

Dungarvan

1,549

Kilkenny

1,832

Nenagh

781

Portlaoise

1,752

Thurles

1,094

Tipperary

1,066

Waterford

2,865

Wexford

2,272

South West

Cork

7,956

Killarney

1,754

Kilrush

560

Limerick

4,572

Mallow

2,331

Newcastle West

1,755

Shannon

1,003

Skibbereen

1,862

Tralee

1,593

Region Totals

North Leinster

30,934

South Leinster

36,391

West

13,959

North West

12,420

South East

17,682

South West

23,385

Total

134,770

Road Traffic Offences.

Richard Bruton

Ceist:

483 Mr. Bruton asked the Minister for Transport the plans he has put in place to publicise the new penalty points offences. [14453/06]

The National Safety Council, NSC, as the agency mandated with responsibility for road safety education and information, operates a dedicated penalty point website www.penaltypoints.ie. I understand the website has recently been redesigned-updated in the context of the extension of the penalty point system.

In addition, the NSC ran a public education/ awareness campaign about the new penalty points offences, which took place from the end of March in the lead up to the 3 April 2006 date for the extension of the penalty points system. The campaign included newspaper advertisements outlining the details of the new offences.

Furthermore, the council is continuing to operate the penalty point advertising campaign, entitled "Get the Point, Not the Points", on television, radio and on the road network, to promote awareness amongst road users of the penalty point system.

Ministerial Travel.

Bernard Allen

Ceist:

484 Mr. Allen asked the Minister for Transport the details of his travels abroad for the St. Patrick’s Day celebrations; the people who travelled with him in the official party; the duration of the visit; and the cost. [14503/06]

In line with the Government decision that week I travelled to New York for the St. Patrick's Day festivities over the three-day period 15 to 17 March. The speaking functions I attended included the Jerry McCabe fellowship breakfast at John Jay College, the official opening of the second phase of the New York Irish center in Long Island City, the Shannon Airport/West of Ireland trade and tourism breakfast at the Irish consulate, the Ireland-US Council, the top 100 event, the Co-operation Ireland dinner, the New York mayor's St. Patrick's Day breakfast, mass at St. Patrick's Cathedral, the governor's St. Patrick's Day event, the annual St. Patrick's Day parade on Fifth Avenue, followed by a function with the Knights of St. Patrick.

In addition, I participated in a number of press and radio interviews over the course of the three days. I was accompanied by both my private secretary and press officer on these engagements. The full costs for this visit have not yet been finalised.

Road Safety.

Bernard J. Durkan

Ceist:

485 Mr. Durkan asked the Minister for Transport if he will state in regard to all traffic accidents the age of all drivers involved in fatal traffic accidents in each of the past four years; the time, day or night, on average at which the accidents occurred; if the drivers had full driving licences; if drug or alcohol abuse was involved; if road conditions were a factor; if speed was a factor; if the vehicles involved were mechanically sound, had a current national car test certificate or otherwise; if driver error was a factor; if two or more accidents have occurred at any location and the reason for same; the number of cars, motorcycles and pedestrians involved; and if he will make a statement on the matter. [14530/06]

Statistics relating to road accidents, based on information provided by the Garda Síochána, are published by the National Roads Authority, NRA, in its annual road accident facts reports. The most recent report, entitled Road Collision Facts, relates to 2004. That report along with reports relating to previous years is available in the Oireachtas Library and on the NRA website.

The reports contain a detailed analysis of the collisions which occurred during a particular year and should assist the Deputy in determining some of the details set out in his question. The reports do not contain details of some of the issues raised by the Deputy, including the licence status of drivers involved in collisions, the involvement of drugs and alcohol, and whether vehicles involved in collisions have current national car test certificates or otherwise.

Dublin Port Tunnel.

Tony Gregory

Ceist:

486 Mr. Gregory asked the Minister for Transport if his Department has received draft proposals for a heavy goods vehicle management strategy from Dublin City Council to coincide with the opening of the Dublin Port Tunnel; if so, if he will await the decision of the elected city council before proceeding with regulations for such proposals; and if he will make a statement on the matter. [14558/06]

Preparation and adoption of the heavy goods vehicle, HGV, management strategy to ensure optimum use of the Dublin Port Tunnel by HGV traffic is a matter in the first instance for Dublin City Council.

My officials and I are consulting all stakeholders, including Dublin City Council, to ensure that a co-ordinated strategy is developed for the opening of the Dublin Port Tunnel. The heavy goods vehicle management strategy is an important part of this process and in that context, my Department received a copy of the draft proposals prepared by the Dublin city manager in the matter.

I understand the HGV management strategy was considered by Dublin City Council on 10 April 2006. At that meeting, the council decided to introduce the strategy with a full extended cordon as and from 1 January 2007. This means that prior to that date, there will be a period available for bedding-in to be allowed. From 1 January 2007, there will be no surface access routes to Dublin port except through the port tunnel between the hours of 7 a.m. and 7 p.m. each day. I have been advised that the executive of the council is in the process of putting in place arrangements to implement the council decision.

My Department's formal role will be to put in place the necessary regulatory framework relating to traffic and parking management and road signage to support the strategy. This work is under way.

Dublin Airport Authority.

Richard Bruton

Ceist:

487 Mr. Bruton asked the Minister for Transport if he has received a submission from SIPTU seeking the establishment of an independent pension scheme for the employees of the Dublin Airport Authority; the assets and liabilities which would be transferred to such a scheme; if he has estimated the scale of the deficit in such a fund; and if he foresees obstacles to the approval of this request. [14570/06]

Olivia Mitchell

Ceist:

495 Ms O. Mitchell asked the Minister for Transport if he intends to grant approval for the establishment of a separate DAA pension scheme as requested by their representative union. [14769/06]

Joe Higgins

Ceist:

521 Mr. J. Higgins asked the Minister for Transport if he will establish an independent pension scheme for the employees of the Dublin Airport Authority. [15375/06]

I propose to take Questions Nos. 487, 495 and 521 together.

The Air Navigation and Transport (Amendment) Act 1998 and the State Airports Act 2004 provide that the Dublin Airport Authority, DAA, can establish new pension schemes for its own employees and pensioners. The introduction of any new scheme would require my approval following consultation with the Minister for Finance.

Discussions are currently under way with the DAA concerning future pension arrangements. Decisions on the appropriate future pension arrangements will be made in light of the outcome of these discussions.

As decisions on any future pension arrangements will not be made until the discussions with the DAA have concluded, no commitment can therefore be given on the establishment of a new Dublin Airport Authority scheme or the type of scheme involved.

Driving Tests.

Jimmy Deenihan

Ceist:

488 Mr. Deenihan asked the Minister for Transport the measures he is taking to ensure that suitable accommodation will be found for a driving test centre in Killarney, County Kerry; and if he will make a statement on the matter. [14588/06]

Jimmy Deenihan

Ceist:

489 Mr. Deenihan asked the Minister for Transport when a permanent location for a driving test centre in Killarney will be found; and if he will make a statement on the matter. [14589/06]

I propose to take Questions Nos. 488 and 489 together.

Appropriate temporary accommodation has been secured as a driving test centre and driving tests are due to recommence in Killarney on 2 May 2006. A potential, suitable site for a new driving test centre has been identified in Killarney. Negotiations are ongoing between the Office of Public Works and the owner.

Irish Aviation Authority.

Paul Nicholas Gogarty

Ceist:

490 Mr. Gogarty asked the Minister for Transport if his Department is monitoring the application by a company (details supplied) for a business airport; the role the Irish Aviation Authority plays in dealing with such plans; if his Department will intervene to ensure that adequate community consultation takes place; and if he will make a statement on the matter. [14627/06]

The Irish Aviation Authority, IAA, is the body responsible for issuing aerodrome licences. Weston aerodrome is a privately owned, public licensed aerodrome, and has been for many decades. It was, in fact, established in 1938.

The IAA, as the statutory body responsible for airspace design, has received an airspace change proposal from Weston Limited. The IAA has recently completed public consultations on this proposal. I understand that the matter received wide publicity in the press and that a large number of submissions was received on foot of these public consultations, including from local residents' interests. The IAA is currently assessing and considering the content of the submissions received.

While the regulation of safety at civilian aerodromes and the general safety and efficiency of aviation in this country is a matter for the IAA, local authorities are responsible for planning issues. South Dublin County Council and Kildare County Council are responsible for land use and planning at and in the vicinity of Weston, including the nature and extent of operations at the aerodrome. My Department has no statutory role in any of these areas.

Rail Network.

Denis Naughten

Ceist:

491 Mr. Naughten asked the Minister for Transport his views on the business case presented by Irish Rail into the opening of the western rail corridor; the progress to date on the re-opening of the line; the date physical work is expected to commence; and if he will make a statement on the matter. [14645/06]

Iarnród Éireann's business case for the reopening of the Ennis to Athenry railway line, as phase one of the western rail corridor, is currently being examined in my Department. When this is completed, I will make a decision on Iarnród Éireann's application.

Road Safety.

Sean Fleming

Ceist:

492 Mr. Fleming asked the Minister for Transport further to Parliamentary Question No. 358 of 4 April 2006 and in view of the practical difficulties caused to people from outside the State who bring such vehicles into Ireland who may not be familiar with our speed limits, his views on efforts being made at the ports and points of entry into the country to notify drivers of such vehicles of the speed limits that relate to their vehicles on public roadways and motorways; and if he will make a statement on the matter. [14675/06]

As indicated in Parliamentary Question No. 358 of 4 April 2006, ordinary speed limits have applied to specified classes of vehicles in this country since 1961. A similar system of separate vehicle related speed limits applies in other EU countries and elsewhere in the world. Drivers from here who go abroad or drivers from abroad who come here, are obliged to familiarise themselves with the legal speed limit regime that applies to roads and vehicles in whatever jurisdiction they propose to drive in.

It has not been the practice to provide information signs on exit roads from ports or other points of entry concerning the speed limits that apply here to specified classes of vehicles.

Transport 21 Programme.

Olivia Mitchell

Ceist:

493 Ms O. Mitchell asked the Minister for Transport if his attention has been drawn to the number of additional staff who have been recruited in the relevant State agencies dealing with the delivery of Transport 21; and if he will make a statement on the matter. [14767/06]

Transport 21 is the largest and most ambitious transport investment programme in the history of the State. The implementing agencies are, therefore, analysing their manpower and skills requirements and recruiting the staff necessary to deliver the programme within the agreed timescale and budget.

Driving Tests.

Pat Carey

Ceist:

494 Mr. Carey asked the Minister for Transport the audit or independent evaluation which is carried out on the work of national car test centres to establish if the pressure to carry out a higher number of tests at each centre may compromise safety standards; and if he will make a statement on the matter. [14768/06]

Under the car-testing contract, National Car Testing Service Limited, NCTS, is required to meet a range of performance standards for the service. These standards, which are designed to ensure test integrity and a high level of customer service, cover premises, test equipment, staff, test arrangements, facilities management, information technology and customer service.

My Department monitors the performance of NCTS to ensure it delivers the service to the required standard. To assist the Department in that function, a supervision services contractor — a consortium involving PricewaterhouseCoopers and the Automobile Association, with engineering, financial, legal, IT and operational expertise — has been engaged and is working to an agreed programme for the Department.

This programme includes: detailed monthly operational audits of the company's performance; regular controlled checks to ensure that consistent test results are obtained across the NCTS test centre network; each month reviewing the performance of a sample of vehicle testers as they carry out tests; carrying out spot checks without any advance warning on a representative sample of cars that have just undergone the NCT; carrying out detailed interviews with a representative sample of customers to assess customer satisfaction levels; and an annual review of the company's overall performance.

These measures ensure that the car testing service is comprehensively monitored and supervised. I am satisfied that the company is meeting the performance standards set for the service in the contract.

Question No. 495 answered with QuestionNo. 487.

Road Network.

Marian Harkin

Ceist:

496 Ms Harkin asked the Minister for Transport the spend on all roads, other than national primary roads, in the south and east region. [14779/06]

Marian Harkin

Ceist:

497 Ms Harkin asked the Minister for Transport the spend on national primary roads in the south and east region as against the proposed spend to date under the National Development Plan 2000-2006. [14780/06]

I propose to take Questions Nos. 496 and 497 together.

The total National Development Plan spend under the heading of national roads in the operational programme for economic and social infrastructure for the south and east region from 2000 to end 2005 was €5,024,624,000.

This represents 142.6% of the original programme forecast of €3,523.780 or 120.3% of the most recent programme forecast of €4,177,187,000.

The figures cover expenditure on both national primary and national secondary roads. The National Roads Authority, under the aegis of my Department, is responsible for the provision of both national primary and secondary roads. All other roads are the responsibility of the Department of the Environment, Heritage and Local Government. Accordingly, it has not been possible to provide the information in exactly the format requested by the Deputy.

Road Safety.

Paul McGrath

Ceist:

498 Mr. P. McGrath asked the Minister for Transport the number of operators licensed by his Department to carry passengers by private or public hire; the number of such bus operators who have vehicles in their fleet that are not registered with his Department in view of the recent tragedy in Clara, County Offaly; and the steps he is taking to regularise this unacceptable situation. [14807/06]

The number of current road passenger transport operator licences issued by my Department, as of 19 April 2006 — the latest date for which figures are available — is 1,811.

There is a statutory obligation on all licensed operators to ensure that all of the vehicles in their fleet comply fully with the appropriate licensing requirements. Any bus operator who acquires new or replacement vehicles must have those vehicles authorised on their licence before they can be legally operated as part of their passenger transport business. It is not possible to say how many operators have unauthorised vehicles and which have not applied to the Department to have those vehicles licensed.

Persons engaging bus operators should request from the operator sight of the operator's road passenger transport operator's licence to ensure that the operator holds a valid licence and that the vehicles used in any service are authorised on the licence. Also, each vehicle authorised on a licence is required to display a high visibility disc on the vehicle, identifying it as authorised on a licence by my Department.

Enforcement of the licensing requirements for road passenger operators is a matter for the Garda Síochána and my Department. My Department will increase over the course of this year from nine to 18 the number of transport officers who work with gardaí on checkpoints to ensure that operators comply with the law.

Driving Tests.

Cecilia Keaveney

Ceist:

499 Cecilia Keaveney asked the Minister for Transport the position in relation to providing a testing centre (details supplied) in County Donegal; and if he will make a statement on the matter. [14811/06]

The appointment of authorised testers for the purposes of compulsory testing of commercial vehicles is a matter for local authorities in accordance with the European Communities (Vehicle Testing) Regulations 2004. Under these regulations, it is a requirement for appointment as an authorised tester that the applicant is in a position to carry out testing on all classes of vehicles liable to testing under the regulations.

Road Traffic Offences.

Olivia Mitchell

Ceist:

500 Ms O. Mitchell asked the Minister for Transport if his attention has been drawn to the procedures which are in place to remove penalty points from a driver’s licence when it is found that the driver had been wrongly awarded such points; and if he will make a statement on the matter. [14819/06]

Olivia Mitchell

Ceist:

503 Ms O. Mitchell asked the Minister for Transport the mechanism which it is proposed to put in place to ensure that penalty points incorrectly awarded, such as those where the relevant by-laws were not in place, can be removed from a person’s licence. [14855/06]

I propose to take Questions Nos. 500 and 503 together.

The recording of penalty point offences on a driving licence record follows notification from the Garda Síochána that a person has paid a fixed charge in respect of an alleged offence that attracts penalty points or notification from the court service that a person is convicted of an offence that attracts penalty points.

The penalty point system only allows for the removal of penalty points following a successful late appeal against a conviction for a penalty point offence. However, where penalty points were applied as a result of an administrative error and through no fault of the individual concerned, advice on the removal of penalty points was sought from the office of the Attorney General, who advised that the State should take proactive steps to deal with any error that has occurred, including the repayment of fines and the expunging of penalty points.

Accordingly, a protocol for amending penalty point records has been put in place with the agreement of the Attorney General's office. This stipulates that any request for amendment must be certified by a Garda chief superintendent or the director of the District and Circuit Courts and be countersigned by an official of my Department of at least assistant principal rank.

Dublin Transport Authority.

Olivia Mitchell

Ceist:

501 Ms O. Mitchell asked the Minister for Transport the detailed process that was involved in the selection of the current chairperson of the interim Dublin Transport Authority; the procedures that were put in place to ensure the selected candidate met basic criteria for example, sufficient leadership skills and experience, expertise and experience in managing large budgets, communication skills, strategic planning and management experience; and if he will make a statement on the matter. [14831/06]

In November 2005, I appointed a Dublin Transport Authority establishment team. I asked the team to make recommendations on the establishment of a transport authority for the greater Dublin area, addressing the remit of the authority, its powers, structure, organisation and human and other resource requirements and such other matters as the team considered appropriate.

I also asked the team to give advice on the content of legislation required to establish the proposed authority on a statutory basis, and to make recommendations on what interim arrangements should be put in place pending the enactment of the legislation.

I appointed Professor Margaret O'Mahony, head of the department of civil, structural and environmental engineering and director of the centre for transport research at Trinity College, as chair of the team. I selected Professor O'Mahony on the basis of her previous experience as a member of the board of the Railway Procurement Agency in delivering a major infrastructure project, her strong engineering background, her extensive experience of transport in Dublin and her wide knowledge of transport issues and research in the field of transport arising from her role as director of the centre for transport research.

Driving Tests.

Fergus O'Dowd

Ceist:

502 Mr. O’Dowd asked the Minister for Transport his plans to reduce the present driving test waiting list for provisional licence holders; and if he will make a statement on the matter. [14850/06]

I refer the Deputy to my reply to Question No. 77 on Tuesday 7 March.

As I indicated then and previously, the delay in providing driving tests is a matter of regret to me. It not only represents a poor service to the public but it is also hampering the development of initiatives which I wish to pursue and which will contribute further to road safety. The driving test and those who deliver it are a key element in the road safety strategy.

It is my objective to eliminate the backlog of driving tests by mid-2007 and my Department has developed a package of measures in consultation with staff interests to achieve this.

Additional staff have been made available to the driving test service. Seven additional testers have been trained and are carrying out tests while the process of recruiting a further ten driver testers is well advanced. Training should commence shortly and these testers will be available for testing this June.

I am pleased to acknowledge that a very high number of the existing driver testers have indicated that they will participate in a bonus scheme which commenced in February and will make a significant contribution to the reduction of the backlog.

My Department is still in a position to offer early tests to those applicants requiring an urgent test, once they provide satisfactory documentary evidence of the reason why.

An important element of the package of measures to reduce the backlog was a proposal to contract out a set of numbers of driving tests. The Civil Service Arbitration Board has determined that, otherwise than by agreement, the contracting out of core work of driver testers to a private firm is not contemplated or permitted by the provisions of paragraph 21.9 or by any other provision of Sustaining Progress. However the board urged a resumption of discussions at which all options — and it emphasised all options — should be considered, with a view to ensuring that a solution is implemented without delay. My officials are in discussions with the unions on a way forward with a view to dealing with the backlog by the middle of 2007.

Question No. 503 answered with QuestionNo. 500.

Disabled Drivers.

Finian McGrath

Ceist:

504 Mr. F. McGrath asked the Minister for Transport if he will respond to correspondence from a person (details supplied) regarding the National Roads Authority, National Toll Roads and people with disabilities; and if this person will be given the maximum support. [14898/06]

My office has received several letters from the person to whom the Deputy refers. All of these letters have been responded to, with the exception of the last one, which was received in my office on Thursday last, 20 April.

The matters to which the person refers are proper to the National Roads Authority. Under Section 57(2) of the Roads Act 1993, the National Roads Authority is required to give consideration to the issue of exemptions from tolls on national roads. The most recent correspondence is being forwarded to the National Roads Authority for its attention.

Rail Network.

Denis Naughten

Ceist:

505 Mr. Naughten asked the Minister for Transport the steps he intends to take to upgrade the rail network in the Border, midlands and western, BMW, region; and if he will make a statement on the matter. [14934/06]

Over the period 2000-05 a total of more than €740 million has been invested, through the railway safety programme, in the upgrade of the railway network throughout the country including in the BMW region. This has funded the installation of continuous welded rail throughout the network, along with a substantial programme of renewals to bridges and structures, level crossings, cuttings and embankments.

In addition there has been substantial investment in:signalling systems — resignalling of the Galway and Sligo lines has been completed and work is under way on the Westport and Ballina lines with completion expected by year-end; road crossing automation; station improvements including platform extensions and upgrade works to improve accessibility; and in rolling stock — new rolling stock has been provided on the Sligo route and will improve further as Iarnród Éireann takes delivery of 150 intercity railcars over the period 2007-08. Overall almost €290 million has been invested in the upgrade of rail and bus services in the BMW region in the period 2000-05. This, combined with investment in the railway network in the south and east region, has resulted in major improvements in service quality in terms of frequency and reliability.

In addition to the new rolling stock on order and for delivery over the next few years, Transport 21 provides for an ongoing high level of investment in the railway safety programme and for the development of the railway network generally including, in the case of the BMW region, for the phased re-opening of the western rail corridor.

Air Services.

Denis Naughten

Ceist:

506 Mr. Naughten asked the Minister for Transport the steps he is taking to improve air access into the Border midlands and western, BMW, region; and if he will make a statement on the matter. [14940/06]

My Department supports the operation of public service obligation, PSO, air services. In July 2005, I announced the award of contracts for the provision of PSO services from 2005 to 2008 on routes linking Dublin with the regional airports in Galway, Sligo, Donegal and Knock in the BMW region. The total maximum contracted subvention for the operation of these particular routes is €29 million over the three-year contract term.

Under the Transport 21 investment framework, a total of €100 million will be available towards safety related infrastructure and development projects at all the regional airports over the next ten years and a new capital expenditure grant scheme is being finalised for this purpose.

Under the marketing, safety and security grant scheme the airports in the BMW region have received €4.7 million over the past four years. A new scheme of operational grant assistance, replacing the marketing scheme is being developed in line with new EU guidelines and will be launched later this year.

Rail Services.

Pat Breen

Ceist:

507 Mr. P. Breen asked the Minister for Transport if Iarnród Éireann is proceeding with plans to upgrade Ennis Railway Station and provide secure parking for Iarnród Éireann customers using the rail service; and if he will make a statement on the matter. [14960/06]

My Department has approved funding for the upgrade of car parking facilities at Ennis Railway Station. The design and implementation of the upgrade works is a matter for Iarnród Éireann.

Pat Breen

Ceist:

508 Mr. P. Breen asked the Minister for Transport when Iarnród Éireann proposes to introduce new rolling stock on its inter-city lines; and if he will make a statement on the matter. [14961/06]

I am informed by Iarnród Éireann that 67 new carriages will enter service on the Cork-Dublin route during the course of this year. The first of these carriages is due to enter service in the coming weeks following the completion of commissioning tests. A total of 150 new railcars — 120 ordered in January 2005 and an additional 30 ordered in December 2005 — will enter service on all the other intercity routes over the period 2007 to 2008. The first of the railcars is scheduled for delivery in 2007. This comprehensive upgrade of the railway rolling stock will result in a more frequent, reliable and higher quality service on all intercity services.

Road Safety.

Róisín Shortall

Ceist:

509 Ms Shortall asked the Minister for Transport further to Parliamentary Question No. 335 of 28 February 2006, the reason for the continued delay in publishing the cross-departmental review of road safety expenditure; and when it will be published. [14996/06]

My Department chaired a steering group overseeing a cross-departmental review of road safety expenditure which examined expenditure incurred over the lifetime of the first road safety strategy, 1998-2002. This review seeks to evaluate the effectiveness of all public spending on road safety and, to establish the impact of road safety performance on other areas, such as health and emergency services.

The steering committee consisted of representatives from the Departments of Transport, Justice, Equality and Law Reform, Health and Children, Finance, and Environment, Heritage and Local Government. The committee for public management research was also represented in order to examine processes and outcomes of the review for future cross-departmental reviews and to provide general expert assistance.

The steering group commenced the review in mid-2003 and the consultants engaged to carry out an analysis of identified expenditure submitted their final report in October 2005. The report was submitted to the committee for public management research for quality assessment in October 2005. The committee for public management research completed the quality assessment in February 2006 and that report was published last week. It is envisaged that the consultants' report will be published on the Department of Transport website shortly.

Road Traffic Offences.

Trevor Sargent

Ceist:

510 Mr. Sargent asked the Minister for Transport the number of instances in which drivers have not challenged the award of penalty points against them since the introduction of penalty points for each year; the number of instances in which they have challenged the award; the number of those challenges which succeeded; and the number which failed. [15098/06]

The recording of penalty point offences on a driver's licence record results either from a person being convicted of an offence that attracts penalty points, or payment of a fixed charge by a person in respect of an alleged offence that attracts penalty points. In the case of a person who is prosecuted in court it is open to the person to appeal the conviction. A person who opts to pay the fixed charge accepts the penalty points and have chosen not to have the matter referred to the court for determination.

Information on court appeals against convictions for penalty point offences is not available in my Department.

Road Safety.

Róisín Shortall

Ceist:

511 Ms Shortall asked the Minister for Transport when and by what legislative means he intends transposing EU Directive 2005/66/EC. [15191/06]

Róisín Shortall

Ceist:

512 Ms Shortall asked the Minister for Transport the way in which he has exploited Article 8 of EU Directive 2005/66/EC to set down regulations for the protection of vulnerable road users; and if he will make a statement on the matter. [15192/06]

I propose to take Questions Nos. 511 and 512 together.

Directive 2005/66/EC of the European Parliament and of the Council of 26 October 2005 relating to the use of frontal protection systems on motor vehicles and amending Council Directive 70/156/EEC is required to be transposed into Irish law by 25 August 2006. It lays down technical requirements for the type approval of motor vehicles as regards frontal protection systems supplied as original equipment fitted to vehicles or as separate technical units. New cars and small vans fitted with frontal protection systems which do not comply with the directive may not be allowed registration or entry into service from 25 May 2007.

The directive was transposed into Irish law by the European Communities Motor Vehicles Type Approval (Amendment)(No.2) Regulations 2006 (S.I. No. 166 of 2006), regarding type approval of vehicles and component parts.

The directive was transposed into Irish law by the European Communities (Passenger Car Entry into Service) (Amendment) Regulations 2006 (S.I. No. 165 of 2006) regarding entry into service of passenger cars.

It is my intention to amend the European Communities (Mechanically Propelled Vehicle Entry into Service) Regulations so as to extend the provisions of the directive to new small vans before 25 August 2006.

There are no restrictions or prohibitions on the use of frontal protection systems supplied as separate technical units. My Department is considering how best such restrictions may be applied.

Public Transport.

Róisín Shortall

Ceist:

513 Ms Shortall asked the Minister for Transport the steps that are in place to co-ordinate new and existing bus routes with proposed metro stops; and the reason this does not form part of the public consultation on the metro north route. [15193/06]

The Rail Procurement Agency, RPA, is engaged in a public consultation process on route options for the metro north line. The final route and location of metro stops will be defined through this public consultation and the statutory approval processes.

I understand the RPA is meeting key stakeholders, including bus operators, to discuss all issues relating to the proposed metro routes as part of the consultation process.

Given that a major focus of Transport 21 is the integration of services of various modes, I understand that the various operators will endeavour to ensure optimum integration between metro, Luas, bus and rail services.

Róisín Shortall

Ceist:

514 Ms Shortall asked the Minister for Transport his decision on the request from Dublin Bus for 425 extra buses; and if he will make a statement on the matter. [15194/06]

My Department has not received a request from Dublin Bus for funding for 425 extra buses.

Dublin Bus submitted an application for funding to me on 20 January 2006 for additional fleet requirements of 200 buses over the period 2006 and 2007. My Department is examining this application in the context of Transport 21, the future bus needs of the Dublin Area, and the bus network review.

I will decide on the application when the assessment has been completed and having regard to the outcome of my deliberations on the reform of the bus market, which I intend to conclude in the coming weeks.

Road Safety.

Dan Neville

Ceist:

515 Mr. Neville asked the Minister for Transport the level of expenditure in 2003, 2004 and 2005 on road safety. [15195/06]

The following table sets out the funding to the road safety agencies under the aegis of my Department on an annual basis, since 2003.

Agency

2003

2004

2005

€m

€m

€m

National Safety Council

2.758

3.954

5.397

Medical Bureau of Road Safety

2.067

2.337

3.283

National Roads Authority

9.708*

17.265*

20.767*

Total

14.533

23.556

29.447

*Figures represent the road safety element of the NRA allocation.

The overall Exchequer provision for road improvement and maintenance works, which have a significant impact on road safety, in 2006 on the national road network is €1.5 billion.

Local authorities receive funding for road improvements and remedial measures on non-national roads, which is not included in the figures outlined above. In addition, the funding made available for Garda operations supports the enforcement of road traffic law. That is a matter for the Minister for Justice, Equality and Law Reform.

Parking Regulations.

Eamon Ryan

Ceist:

516 Mr. Eamon Ryan asked the Minister for Transport if parking contrary to the direction of traffic is permitted under the Road Traffic Acts; the circumstances when it is or is not permitted; and if parking contrary to the direction of traffic will be considered to be dangerous parking. [15315/06]

The parking of a vehicle contrary to the direction of traffic is not prohibited under the Road Traffic Acts. The offence of parking a vehicle in a dangerous position that was introduced under the Road Traffic Act 1961 stipulates that a person shall not park a vehicle in a public place if, when so parked, the vehicle would be likely to cause danger to other persons using that place. Where a member of the Garda Síochána is of the opinion that a person is committing or has committed this offence he or she may arrest the person without warrant.

Road Safety.

Eamon Ryan

Ceist:

517 Mr. Eamon Ryan asked the Minister for Transport if there is a procedure whereby members of the public can require a local authority to perform a review of a special speed limit, particularly where the posted limit does not comply with the guidelines set out by him in his guidelines issued under Part 9 of the Road Traffic Act 2002. [15316/06]

The power to make determinations regarding the application of special speed limits in their area through the making of by-laws was devolved to local elected representatives of county councils and city councils under the Road Traffic Act 1994. The exercise of this power is subject to consultation with the Garda Síochána and, in the case of proposals for the application or revision of speed limits on national roads, is subject to the consent of the National Roads Authority.

Since 20 January 2005, the councils, when making special speed limit bye-laws are now required, under section 9 of the Road Traffic Act 2004, to have regard to any guidelines issued by the Minister for Transport on the application of special speed limits. It is, however, expressly provided in section 9 that in the case of special speed limits of 120 km/h and of 30 km/h these particular special speed limits can be applied only in accordance with guidelines issued by the Minister. I issued guidelines in this regard in April 2005.

It is open to any person to submit a proposal to the city or county council concerned seeking the application or review of a special speed limit at any specified location. The timing of the carrying out of a review of speed limits is, however, a matter for each individual council at local level. There is no procedure that requires a council to carry out such a review on every occasion that requests for reviews are received.

On the question of public consultation, the Road Traffic Act 2004 introduced a public consultation step that local councils must comply with when making of special speed limit by-laws. This process affords any person the opportunity to submit to the council objections in writing to the draft special speed limit by-laws. The Act provides that the council must consider such objections.

Eamon Ryan

Ceist:

518 Mr. Eamon Ryan asked the Minister for Transport if he has plans to make it mandatory for slow moving vehicles to pull over and release following traffic within a reasonable distance in order to reduce the risk of dangerous overtaking on roads and to therefore bring laws into line with the laws in most other European countries and the USA. [15317/06]

I have no proposals under consideration to introduce a road traffic regulatory measure of the type to which the Deputy refers.

Landing Rights.

Aengus Ó Snodaigh

Ceist:

519 Aengus Ó Snodaigh asked the Minister for Transport if his attention has been drawn to the fact that Shannon airport was used in February 2006 to facilitate the sale of attack helicopters between the US and Israel in an act that breached the terms under which the landing of the US plane was sanctioned; the steps that will be taken to ensure there will be no repeat occurrences; his views on whether the incident demonstrates the grave inadequacy of US assurances about rendition flights and the need to take active measures to ensure against Ireland’s complicity in human rights abuses including making landing permission for US planes subject to provisions allowing random searches by the Garda Síochána. [15328/06]

On 20 February 2006, Antonov RA 82044, operated by Volga DNEPR, landed at Shannon, for a technical stop, flight originating from Russia, en route to Venezuela. The Department received ‘notification only' that the flight of aircraft RA 82044 was landing at Shannon.

Under international aviation rules aircraft making technical stops do not need an authorisation. In Ireland, however, permission is required if munitions are being carried. In the notification the firm in question indicated that "no dangerous goods or munitions will be carried on board".

The Department of Transport was notified on 10 February 2006 that the flight on 20 February of aircraft RA 82044 would be landing at Shannon. In the course of inquiries regarding this case the Department became aware that the aircraft was carrying military helicopters.

In the light of this I have initiated a review of the carriage of munitions and dangerous goods and my Department will consult with Departments and relevant groups as part of this review. The Department of Transport is responsible for authorisation of civil aircraft carrying weapons or munitions of war into or over Ireland. Before issuing an exemption, the Department of Transport consults: the Department of Foreign Affairs, in respect of foreign policy; the Department of Justice, Equality and Law Reform regarding security and the Irish Aviation Authority, regarding aviation safety, and also informs the Department of Defence.

When any of those agencies has objected to an exemption being given, then an exemption has been refused. The Department of Foreign Affairs is responsible for regulating the activities of foreign military aircraft landing in, or over-flying Ireland.

Aengus Ó Snodaigh

Ceist:

520 Aengus Ó Snodaigh asked the Minister for Transport the destinations of registered aircraft N313P, N379P and N8068V that landed at Shannon airport on 29 October 2003, 18 January 2003 and 18 May 2004 respectively; if they were searched; the person who authorised the flights; if there were suspicions; the actions which were taken since to ensure no national or international laws were breached; and if they will be impounded for forensics if they appear at Shannon again. [15329/06]

The destination for these flights was the USA. In accordance with the 1944 Chicago Convention on International Civil Aviation, aircraft may come into Ireland for technical stops such as for refuelling purposes, without notifying the Department of Transport. The landings at Shannon on the above dates were technical stops. Accordingly no authorisations were required. The other issues referred to in the question are matters for the Minister for Foreign Affairs and the Minister for Justice, Equality and Law Reform.

Question No. 521 answered with QuestionNo. 487.

Airlines Pension Scheme.

Joe Higgins

Ceist:

522 Mr. J. Higgins asked the Minister for Transport if, in respect of the topping up of the Irish airlines pension scheme, he will top up the entire scheme or just the Aer Lingus portion of the scheme. [15376/06]

I have no direct function in connection with the funding of the scheme. In the context of the planned independent public offering of shares in Aer Lingus I have said that the Minister for Finance and I are open to considering the question of the company using part of the proceeds from issuing new shares to address the funding position in the company's pension scheme in the context of an overall solution involving increased employer and employees contributions going forward. Any sum applied by Aer Lingus on a result of the transaction would be used to address its own portion of the scheme.

Joe Higgins

Ceist:

523 Mr. J. Higgins asked the Minister for Transport how he intends to resolve the under funding of the Irish airlines pension scheme in relation to former Aer Lingus employees, now working for a company (details supplied) who are members of the scheme. [15377/06]

I have no direct function in connection with funding the Scheme. In the context of the planned independent public offering of shares in Aer Lingus, I mandated Aer Lingus management to engage with the trade unions to address the key concerns of staff in regard to a third party investment, including pensions. The mandate to Aer Lingus management does not relate to persons now employed by the company to which the Deputy refers.

Joe Higgins

Ceist:

524 Mr. J. Higgins asked the Minister for Transport the amount by which a company’s (details supplied) portion of the Irish airlines pension scheme is under funded; and the amount of this under funding which is the responsibility of Aer Lingus. [15378/06]

The Irish Airlines (General Employees) Superannuation Scheme is a multi-employer scheme in which Aer Lingus, the Dublin Airport Authority and the company to which the Deputy refers participate.

The company to which the Deputy refers is a private sector company and I have no function in respect of it. Aer Lingus advises me that under the rules of the scheme it has no funding obligation to the scheme beyond its current contribution levels in respect of current Aer Lingus employees.

Road Safety.

Róisín Shortall

Ceist:

525 Ms Shortall asked the Minister for Transport if there is a count provided to him of the number of lay-bys or stopping points for goods vehicles on national routes here; the details of same; if he has satisfied himself that the number is sufficient on road safety grounds; and the steps he is taking to provide more such stopping points. [15379/06]

Róisín Shortall

Ceist:

526 Ms Shortall asked the Minister for Transport the discussions he has had with the National Roads Authority on the provision of stopping points for motorists to allow the taking of a telephone call in view of the impending change in law. [15380/06]

I propose to take Questions Nos. 525 and 526 together.

Under Section 19 of the Roads Act 1993, the National Roads Authority, NRA, has responsibility for the provision of facilities for the parking of vehicles on national roads. Under Section 54 of the Roads Act 1993, the NRA has responsibility for the provision of service and rest areas along motorways. It is for the NRA to decide on the exact number and location of such facilities in both cases mentioned above.

The NRA carried out a review of its policy on the placement of service and rest areas on the major interurban routes. The authority completed this review in January 2006 and has published a policy statement on its website, www.nra.ie.

Róisín Shortall

Ceist:

527 Ms Shortall asked the Minister for Transport further to Parliamentary Question No. 70 of 7 March 2006, why there is no evidence that heavy goods vehicles are significantly more involved in road collisions; and the way in which this conclusion has been arrived at. [15381/06]

Statistics relating to road accidents, based on information provided by the Garda Síochána, are published by the National Roads Authority, NRA in its annual Road Accident Facts reports. The most recent report, now entitled Road Collision Facts, relates to 2004. That report along with reports relating to previous years are available in the Oireachtas Library and on the NRA website.

In 2004, there were 334 fatal accidents and 374 fatalities. Goods vehicles were involved in 20% of all collisions during that year. However, an NRA study relating to the number of vehicle kilometres of travel in Ireland in 2001 indicate that the average number of kilometres travelled by goods vehicles is significantly higher than other vehicle types. The average number of vehicle kilometres travelled for all vehicles is 19,947. In the case of goods vehicles, the average number of kilometres travelled is 27,381. There is therefore no evidence that heavy goods vehicles are significantly involved in road collisions, given that they have a significantly greater presence on our roads than other vehicles.

It is unfortunately the case however, that the consequences resulting from a collision with a heavy goods vehicle are generally more severe than with a smaller type of vehicle.

Airport Development Projects.

Jim O'Keeffe

Ceist:

528 Mr. J. O’Keeffe asked the Minister for Transport the position on the commitment to have Cork Airport established independently free of debt; and if he will make a statement on the matter. [15383/06]

The State Airports Act 2004 provides a framework that will allow for an orderly approach to the distribution of the assets of Shannon and Cork Airports in conformity with the capital maintenance provisions of the Companies Act.

Before any assets can transfer to either Shannon or Cork Airport Authority, both the Minister for Finance and I will have to be satisfied as to the financial and operational readiness of the airport authorities. Under the Act each airport authority is required to prepare a comprehensive business plan and obtain the Minister's approval for these plans prior to the transfer of assets.

At present, Cork Airport Authority in conjunction with the Dublin Airport Authority and financial advisers is in the process of developing its business plan and appropriate financing proposals for the new Cork Airport development projects in line with the requirements of the Act, the provisions of the Companies Acts and the commercial and financial viability realities of the Dublin Airport Authority and the Cork Airport Authority.

I await the outcome of this work because of its importance to facilitating the development of a dynamic, independent and financially sustainable Cork Airport. It is important that the debate about Cork Airport's debt does not obscure these major development projects, which are nearing completion at Cork Airport. These projects will effectively deliver a new landside airport and represent the first major upgrading of all facilities since the airport was built in the late 1950s. When completed, the new Cork Airport will have a passenger capacity of 3 million people with the facility to expand to 5 million, when needed. Such facilities will greatly benefit the airport's users but they will have to be funded. In this regard Cork's future as an independent airport will have to take account of a realistic assessment of what is commercially feasible, including the capacity of the airport to contribute to its capital investment programme. The Government objective of airport restructuring under the State Airport Act 2004 must be achieved in a manner that underpins the financial and commercial sustainability of all three State airports.

Public Transport.

Emmet Stagg

Ceist:

529 Mr. Stagg asked the Minister for Transport if he has concluded his review of the reform of the bus market; and when he will make a decision on the Dublin Bus application for funding. [15546/06]

I am committed to the delivery of a high quality, effective public transport system and Transport 21 is testimony to this. I am also committed to modernising the regulatory framework governing public transport, not just in Dublin, but nationally.

At the launch of Transport 21, I said I was convinced that we need a new approach to transport in the greater Dublin area, delivered through a single authority with the power to ensure joined-up thinking and delivery across all transport modes. In advancing the regulatory agenda, discussions have taken place with the key stakeholders. These discussions form part of a process of engagement that will facilitate and inform the determination of the appropriate structure for the new framework and supporting legislation.

This process will also be informed by the work of the team appointed to finalise the remit, structures and human resource requirements of the proposed Dublin transport authority. I have now received the report of the team and am reflecting on its recommendations. I will finalise my consideration of how best to proceed with public transport reform in the context of the institutional structures recommended by the team. I hope to be in a position to publish legislation on the matter in the current year.

Dublin Bus submitted an application for funding to me on 20 January 2006 for additional fleet requirements for 2006 and 2007. My Department is examining this application in the context of Transport 21, the future bus needs of the Dublin Area, and the bus network review. I will decide on the application when the assessment has been completed and having regard to the outcome of my deliberations on the reform of the bus market, which I intend to conclude in the coming weeks.

Rail Network.

Emmet Stagg

Ceist:

530 Mr. Stagg asked the Minister for Transport if he has received the inspector’s report on the public inquiry into the Kildare route project; and when he is likely to either confirm or reject the railway order. [15547/06]

The public inquiry into the Kildare route project was held from 24 January to 2 February this year. I await the inspector's report of the inquiry. Under the provisions of the Transport (Railway Infrastructure) Act 2001, the inspector acts in an independent capacity and it is a matter for him when he submits his report.

In making my decision on the granting of the railway order, I am obliged under Section 43 (1) of the 2001 Act, to consider the report of the inquiry as well as the submissions I received in respect of the project, CIE's application for a railway order, and the draft order and documents that accompanied the application. At this point, it is not possible for me to say what timeframe I will require to give these documents due and proper consideration.

Public Transport.

Emmet Stagg

Ceist:

531 Mr. Stagg asked the Minister for Transport if he has received proposals for park and ride facilities in County Kildare under Transport 21. [15551/06]

The provision of park and ride facilities is an important component in our strategy for attracting people out of private cars and on to public transport. To this end, last summer I approved a Dublin transportation office strategy for rail-based park and ride, which envisages facilities at 22 locations on the existing and proposed rail network within the greater Dublin area. I have also made provision, under Transport 21, for €5 million in capital funding this year for suitable park and ride projects in the greater Dublin area. Arrangements for rail-based park and ride funding will also extend to public transport interchange projects. Capital funding for pilot bus-based park and ride projects will also be considered. There will be no revenue support to subsidise operating costs of park and ride facilities.

Applications by public bodies for funding for specific park and ride projects will be considered by my Department on a first come, first served basis. They will be evaluated according to their business cases, and against the strategic value they offer, as assessed against the Dublin transportation office strategy.

I am waiting to receive specific proposals from local authorities and from Irish Rail for implementation of park and ride facilities during 2006.

Legal Services.

Ruairí Quinn

Ceist:

532 Mr. Quinn asked the Minister for Transport if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15771/06]

The information sought by the Deputy is set out in the following table. My colleague Deputy Noel Dempsey, Minister for Communications, Marine and Natural Resources will provide information for marine functions prior to 1 January 2006 when those functions transferred to my Department.

Total cost (incl.vat)

Consultant

Nature of report

Year commissioned

700,590 (for 2004)

Matheson Ormsby Prentice (as part of a consortium which also includes Pricewaterhouse Coopers and Steer Davies Gleave)

Expert Advice in relation to the restructuring of the State Airports

2003- 2004

96,484

Messrs. Noonan Linehan Carroll Coffey Solicitors

Edward Horgan case half paid by dept. of Foreign Affairs

2004

1,271

Noel Whelan, B.L.

Drafting of S.I. No. 469 of 2003

2003/2004

604

Denis Kelleher, B.L.

Drafting of S.I. No. 645 of 2003

October 2004

1,000

Imelda Higgins , B.L.

Transposition of EC Directive 2000/79

Ongoing work

7,417

A& L Goodbody

Digital Tachograph Contracts

2004

102,085

Arthur Cox Solicitors

Advice on drafting the General Scheme of a Bill providing for a new regulatory framework for provision of public transport services and legal advice on Service Level agreements with the CIE companies

January 2004 Currently on retainer

3,500

Eugene Regan, BL, Law Library

Transposition of EU Directives

2005

6,357

William Fry Solicitors

Legal Advice in relation to the Employee Share Ownership Plan in Aer Lingus

2004

38,430

William Fry Solicitors

Domestic legal advisors to the Ministers for Transport and Finance on the Aer Lingus investment transaction

2005

10,944

LK Shields Solicitors

Legal advice in relation to the letters of engagement for advisors appointed in relation to the Aer Lingus investment transaction

2005

No fees paid in 2005

Freshfields Bruckhaus Deringer

International legal advisors to the Ministers for Transport and Finance on the Aer Lingus investment transaction

2005

Ruairí Quinn

Ceist:

533 Mr. Quinn asked the Minister for Transport the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15785/06]

The employment of legal advisers or other qualified lawyers employed in a professional capacity by State bodies is a day-to-day operational matter for those bodies. I have no functions in the matter.

Ruairí Quinn

Ceist:

534 Mr. Quinn asked the Minister for Transport if his Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the Law Offices of the State (1997) that legal advice should be given to the Government only by the Attorney General and his office. [15799/06]

My Department does not have legal advisers of its own.

Harbours and Piers.

Jimmy Deenihan

Ceist:

535 Mr. Deenihan asked the Minister for Community, Rural and Gaeltacht Affairs when work will begin on the extension of the pier at Brandon, County Kerry; and if he will make a statement on the matter. [15373/06]

In 1999-2000 Kerry County Council, funded by my Department, commissioned a study of four strategic Gaeltacht piers at Baile na nGall, Baile an Sceilg, Bun a Bhaile and Brandon to ascertain what improvements would be achievable with an input of £1 million, €1.27 million, at each pier. Following this study, design development was authorised for each pier in question.

In November 2000 Malachy Walsh and Partners were commissioned to carry out design development for the pier at Brandon. Their report indicated that the funding requirement to carry out appropriate work at Brandon was outside the funding available under my Department's scheme. As agreed by Kerry County Council and my Department, piers were then prioritised for construction works with Baile na nGall first, followed by the two Uíbh Ráthach piers namely, Baile an Sceilg and Bun a Bhaile. Construction works at Baile na nGall and Baile an Sceilg have been completed and Bun a Bhaile will be completed shortly.

No further works have been carried out on the design development at Brandon but I understand from Kerry County Council that a recent underwater survey has indicated that there is now significant underwater damage to the pier and rehabilitation works will be required. These works are being costed by the Council and a proposal will be put to my Department for the works once that process has been finalised.

National Drugs Strategy.

Paul Nicholas Gogarty

Ceist:

536 Mr. Gogarty asked the Minister for Community, Rural and Gaeltacht Affairs if additional funding will be made available to the Clondalkin Drug Task Force to pay staff employed as family project workers and project workers; and the benchmarking award applied to their salaries as recommended by the Labour Court in April 2005. [14265/06]

Pat Rabbitte

Ceist:

541 Mr. Rabbitte asked the Minister for Community, Rural and Gaeltacht Affairs if additional money is being provided to allow area based partnerships and local drug task forces to pay benchmarking awards; if funding will be provided to allow the benchmarking award to be awarded to a project (details supplied) in Dublin 22 in view of the recommendation made by the Labour Court in this matter in August 2005; and if he will make a statement on the matter. [14795/06]

I propose to take Questions Nos. 536 and 541 together.

The pay and conditions of the employees of the organisations concerned are a matter in the first place for the organisations concerned. No additional resources have been provided to my Department for the award of benchmarking increases to employees of local drugs task forces or area based partnership companies.

Official Engagements.

Bernard Allen

Ceist:

537 Mr. Allen asked the Minister for Community, Rural and Gaeltacht Affairs the details of his travels abroad for the St. Patrick’s Day celebrations; the people who travelled with him in their official party; the duration of the visit; and the cost. [14504/06]

As I stated in my reply to Question No. 113 of 21 March 2006, I travelled to New Zealand for the St. Patrick's Day celebrations and was accompanied by my wife, the Secretary General of my Department, the private secretary and the media adviser. I attach a comprehensive itinerary for information and the Deputy may wish to note the wide range of Irish groups and interests met with during the trip across New Zealand in Auckland, Tauranga, Christchurch and Wellington; meetings with ministers of the New Zealand Government to discuss rural tourism, including walkways, and with the Chairman of the Maori Language Commission regarding on language issues; my formal presentation to the New Zealand Parliament; the breadth of contacts with local and national representatives throughout New Zealand; key representational work undertaken in respect of St. Patrick's Day, commencing with the parade in Auckland on 11 March and continuing daily throughout the visit; attendance at a consular reception in Auckland on 17 March, attended by Minister Clayton Cosgrove MP on behalf of the Prime Minister, Members of Parliament, and representatives of the diplomatic corps, public and business life and extensive media coverage, including interviews on national television.

There is great potential to enhance economic and cultural ties between us — total trade with New Zealand in 2004 was valued at €83 million and many New Zealanders claim Irish ancestry. Approximately 26,000 visitors from New Zealand visited Ireland in 2005 and their stays tended to be above average in duration, encompassing visits to the regions as well as Dublin.

The cost of the trip, to date, is of the order of €36,000. Further costs, primarily relating to transport within New Zealand remain outstanding. Against this background, and matters of common interest which we share, the visit was worthwhile and will help reap considerable benefits for the State and was value for money.

2006 St. Patrick’s Festival Visit — New Zealand

Éamon O Cuív TD, Minister for Community, Rural and Gaeltacht Affairs and his wife, Secretary General of the Department, Media Advisor to Minister, Private Secretary to the Minister

Final Itinerary

As at 16 March 2006

Friday 10th March

10.50Éamon O Cuív TD, Minister of Community, Rural and Gaeltacht Affairs and his wife and Party arrive Auckland International Airport

Met by Honorary Consul General, Rodney HC Walshe along with representative of Distinguished Visitors Division of Internal Affairs, Frances Reynolds.

11.30Depart airport for hotel

PMRest

Saturday 11th March

11.30Depart hotel for St Patrick's Festival Parade meeting point

12.00Participate in St Patrick's Festival Parade

12.30Parade concludes and Music Festival commences at Aotea Square

13.00Join Mayor of Auckland City, His Worship Dick Hubbard in the opening of the St Patrick's Music Festival at Aotea Square, draw a prize for tickets to the U2 concert the following week.

14.00 Return to hotel and on the way visit Waterford display at Smith & Caughey Department Store, 253-261 Queen St Auckland.

19.00Depart hotel for Langham Hotel Auckland, 83 Symonds Street, Auckland,

19.15Attend the St Patrick's Festival Banquet at the Langham Hotel Auckland. Lynne Pillay, MP for Waitakere, Auckland will be representing the New Zealand Prime Minister. Maurice Maxwell, Chargé d'Affaires a.i, Delegation of the European Commission will also be in attendance as will His Worship Garry Moore, Mayor of Christchurch, and four of Auckland Region's mayors; His Worship Dick Hubbard, Mayor of Auckland City, His Worship, Bob Harvey, Mayor of Waitakere City, His Worship Sir Barry Curtis, Mayor of Manukau City and His Worship George Wood, Mayor of North Shore City along with Mike Lee, Chairman, Auckland Regional Council. Minister to respond to the Toast to St Patrick proposed by the Prime Minister's representative with a toast to "The Irish and the Friends of the Irish in New Zealand"

Midnight — Return to hotel.

Sunday 12th March

09.30Depart hotel for Auckland Domestic Airport

10.45Domestic flight Tauranga

11.20Arrive Tauranga Airport and transported to Hotel

12.00Attend Irish Fair Day at the Tauranga Race Course Reserve.

14.00Tauranga Port tour accompanied by the Mayor of Tauranga.

15.00Transported to Hotel.

17.30Reception hosted by Tony Fahy and attended by His Worship Mayor Stuart Crosby at Fahy's Motor Inn, 1237 Cameron Road, Tauranga.

19.00Dinner at venue to be confirmed

22.00Return to hotel

Monday 13th March

09.00Depart hotel for Tauranga Domestic Airport

10.15Domestic flight to Wellington

11.30Arrive Wellington Airport, transported to hotel

12.30-14.00Transfer to the Maori Language Commission, Level 14, Investment Centre, Corner Featherston & Balance Streets, Wellington, Ph: 04 471-0244 Fax: 04 471-2768, tereo@tetaurawhiri.govt.nz for lunch meeting with the Chairman and Chief Executive Officer, Mr Haami Piripi to discuss preservation and development of languages.

14.15Walk to next meetings. Minister O Cuív returns to hotel.

16.45Attend function at Department of Social Development

17.45Return to hotel

18.00Dinner with CEO Maori Language Commission

19.45Transported to the Wellington Irish Society Clubrooms for function hosted by the Wellington Irish Society

20.00Irish Society Function, 10 Fifeshire Avenue, Wellington City, PH: 64 4 384-8535, Web: www.irish.wellington.net.nz/

22.0022.00 Return to Hotel

Tuesday 14th March

09.15Transfer to Beehive from hotel.

09.30Hon Damien O'Connor, Minister of Tourism at the Beehive, 5th Floor (5.3) to discuss New Zealand’s experiences in visitor access to rural land and to sea and lake shore.

10.30Transfer from Beehive to Hotel

13.00Lunch at a venue to be confirmed

13.45Transfer to Beehive for presentation to Parliament.

14.00Hon Damian O'Connor, Minister of Tourism presents Minister Ó Cuív to Parliament

14.30Beehive tour, http://www.beehive.govt.nz

15.00Return to hotel

15.45Transfer to Beehive for meeting with Minister of Conservation, Housing and Ethnic Affairs.

16.00Meeting with the Honourable Mr. Chris Carter, Minister for Conservation, Housing and Ethnic Affairs, on Walkways and Rural Tourism issues

18.00Return to hotel

18.30Dinner at hotel

19.15Transported to the Hutt Valley Irish Society for Supper at the Hutt Valley Irish Society Clubrooms, 12 Raroa Rd, Lower Hutt, Ph: +64 4 569-6139, http://www.huttirish.org.nz/

22.00Return to Hotel

Wednesday 15th March

09.15Depart hotel for Wellington Domestic Airport

10.20Domestic flight to Christchurch

11.15Arrive Christchurch Airport, transferred to Hotel

14.00Briefing on Christchurch walkways with Kay Holder from Christchurch City Council, and visit to Walkways.

17.00Transported to the Christchurch Irish Society for function attended by Mayor of Christchurch, His Worship Garry Moore, 31 Domain Terrace, Spreydon, Christchurch

19.30Transferred to Hotel

20.00Dinner hosted by Mayor of Christchurch

Interviewed by Oliver Lee for Local Community Radio

Thursday 16th March

09.00Depart hotel for Christchurch Domestic Airport

10.30Domestic Flight to Auckland

11.50Arrive Auckland Domestic Airport and transported to Hotel

14.10 Meet Julia Hart, Department of Conservation who is an expert on the DOC track network, she will discuss the network and the DOC perspective on access issues.

14.20Board ferry to be transported to Devonport.

14.45Arrive Devonport and met by Bill Trusewich and another DOC Officer who will transfer the group from Devonport Wharf to North Head.

15.00Arrive at North Head, the group will be met by Senior DOC archaeologist Dave Veart and Geoff Chapple from the Te Araroa Trust. Dave Veart will give an overview of DOC's work in the Auckland area especially at North Head. Geoff Chapple will talk of his experience in setting up a Walkway of New Zealand — including issues of gaining access across the front of residential properties in Devonport.

17.15Ferry back to Auckland — 5:15pm or 5:45pm.

Friday 17th March

06.00Leave hotel for Auckland Harbour Bridge, Transit Services Area under southern end.

06.20Climb Auckland Harbour Bridge and raise the Irish Flag on top of bridge.

07.45Transported to TVNZ studio, TVNZ Television Centre, 100 Victoria Street West, Auckland.

08.00Interviewed by Paul Henry on Breakfast show operated by TV New Zealand. Producer: Claire Watson,Executive Producer Morning Programmes D. 64 9 916 7171, F. 64 9 377 1177, M. 64 21 615 243, Email: claire.watson@tvnz.co.nz

08.45 Minister transported from TVNZ to Claddagh Irish Bar, Newmarket to attend Starship Hospital Charity Breakfast (http://www.starship.org.nz/), Claddagh Irish Bar, 372 Broadway, Newmarket, Auckland, Ph: +64 9 522 4410, Fax: +64 9 522 4582, Web: www.claddaghpub.co.nz/

08.45Remainder of Party transfer from Hotel to Claddagh Irish Bar, Newmarket

10.10Transferred to Eden Rugby Club, Gribblehust Park, Sandringham Road to attend Auckland Irish Society function.

10.30Attend Youth Mass and Auckland Irish Society function followed by lunch.

13.30Transferred to Consulate General of Ireland office, Level 7, Citibank Building, 23 Customs Street East, Auckland.

16.00Interviewed Auckland Community Radio

16.45Leave for the Auckland Club, 34 Shortland Street, Auckland, Ph: +64 9 303 1526, Fax: +64 9 377 9010, Web: www.aucklandclub.co.nz/

17.00Attend the Irish Consulate General cocktail reception to be held at the Auckland Club, 34 Shortland Street, Auckland

20.00Dinner at venue to be arranged.

TBCReturn to Hotel

Saturday 18th March

07.50Transported from Hotel to TVNZ for interview with Lisa Owens from TV New Zealand.

15.30Delegation depart on International Flight

Community Development.

Mary Upton

Ceist:

538 Dr. Upton asked the Minister for Community, Rural and Gaeltacht Affairs the grants available through his Department that might be appropriate to a project (details supplied) in Dublin 12; and if he will make a statement on the matter. [14644/06]

Gay Mitchell

Ceist:

543 Mr. G. Mitchell asked the Minister for Community, Rural and Gaeltacht Affairs if he will make a statement on avenues of possible funding for a co-ordination of service for a school operating in a disadvantaged area which was not successful in obtaining funding from the dormant accounts fund (details supplied). [15249/06]

I propose to take Questions Nos. 538 and 543 together.

The funding proposal for the Loreto Centre does not come within the remit of the programmes directly administered through my Department. The project might be suitable for funding under the local development social inclusion programme which is implemented at local level by area based partnerships. It is a matter in the first instance for the relevant partnership company — the KWCD partnership — to assess whether the project would fall within its strategic plan for the area.

Ned O'Keeffe

Ceist:

539 Mr. N. O’Keeffe asked the Minister for Community, Rural and Gaeltacht Affairs his views on approving grant aid to a pipe band (details supplied) in County Cork who need to replace their uniforms. [14648/06]

My Department has no record of an application from the group in question.

The programme of grants for locally-based community and voluntary organisations, which is operated by my Department, includes a scheme under which funding towards the purchase of equipment is provided. The operation of the programme is under review at present and I hope that my Department is in a position to advertise the 2006 programme in the coming months. Under the scheme there is an open application process and applications are assessed objectively against published criteria.

When the 2006 programme is advertised, application forms and detailed guidelines regarding the scheme, including the criteria against which each application will be assessed, will be made available on my Department's website at www.pobail.ie. At that stage, it will be open to the group in question to consider, in the light of this information, making an application for funding under the programme.

Inland Waterways.

Seán Crowe

Ceist:

540 Mr. Crowe asked the Minister for Community, Rural and Gaeltacht Affairs if there have been discussions between the Grand Canal Development Committee and his Department regarding funding of works that will upgrade and refurbish the Grand Canal in Dublin; and if his Department will release funding for same. [14668/06]

The responsibility for the maintenance of the Grand Canal lies with Waterways Ireland, a North-South body, established under the British-Irish Agreement Act 1999, and co-sponsored by my Department and the Department of Culture, Arts and Leisure in the North.

I attended a public meeting organised by the Grand Canal Development Committee on 28 March 2006 together with representatives of Waterways Ireland. It was confirmed at the meeting that sufficient funding is in place to allow Waterways Ireland upgrade and refurbish the Grand Canal in Dublin as required, and that Waterways Ireland is committed to making further improvements to the amenities on this stretch of canal in future years.

Question No. 541 answered with QuestionNo. 536.

Community Development.

Michael Ring

Ceist:

542 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs if a school (details supplied) in County Mayo, will be allocated funding under the CLÁR programme for a playground. [14957/06]

The school to which the Deputy refers is included in the recently extended CLÁR areas. As detailed in the press announcement of 11 April 2006 on the expansion of the areas, the measures open to the extended CLÁR areas are: LIS roads; flashing amber safety lights at schools; small public water and sewerage schemes; group water schemes; group sewerage schemes; sewerage — Shannon tax incentive; CLÁR water conservation measure; village and countryside enhancement scheme; bi-lingual signage scheme; Gaeltacht grants top-up; single to three-phase electricity conversion; community initiatives of a capital nature and coastal and harbour development. Further announcements will be made in due course on the expansion of other measures to the new areas, including the CLÁR school outdoor play facilities enhancement scheme.

Question No. 543 answered with QuestionNo. 538.

Fergus O'Dowd

Ceist:

544 Mr. O’Dowd asked the Minister for Community, Rural and Gaeltacht Affairs if he will make a statement on the future funding of the Drogheda Partnership, Dundalk Partnership and Louth Leader; and his views on whether Drogheda and Dundalk due to their projected population growth should continue to have separate partnership groups. [15275/06]

The question of partnerships and Leader in County Louth is still being examined as part of the cohesion process. A number of meetings have been held between the Department and the agencies to explore the optimum solution for the county. The process is ongoing and will take account of all relevant factors.

Rural Social Scheme.

Denis Naughten

Ceist:

545 Mr. Naughten asked the Minister for Community, Rural and Gaeltacht Affairs further to correspondence (details supplied) if he has completed the review; and if he will make a statement on the matter. [15345/06]

The rural social scheme, RSS, was established to provide income support for low-income farmers and fisher persons who are in receipt of long-term social welfare payments and to provide certain services of benefit to rural communities.

Following a review of the scheme in 2005, I recently announced a number of major changes to the operation of the scheme. As part of the changes, the categories of people eligible to participate in the scheme have been extended and now include: children or siblings of qualifying herd owners; recipients of one-parent and widow(er)'s payments with a herd number; and adult dependants of non-contributory old age pensioners, who themselves are under 66, and have a herd number.

The tapering of the adult dependant payments in respect of qualified adults has also been removed and has been replaced by a full qualified payment where earnings are below the upper threshold of €240 per week. In addition, participants on the scheme are no longer prohibited from undertaking any other form of paid work. These changes will be implemented over the coming weeks.

Security of the Elderly.

John Perry

Ceist:

546 Mr. Perry asked the Minister for Community, Rural and Gaeltacht Affairs if there is a yearly monitoring fee for the security emergency pendant for the elderly; and if he will make a statement on the matter. [15348/06]

In addition to funding for door and window locks, for security lighting and for smoke alarms, the scheme of community support for older people also provides funding towards the installation of socially monitored alarms for qualifying older people.

My Department's scheme, however, does not cover the cost of the annual fee in respect of the monitoring service provided by the suppliers of the socially monitored alarms and I have no plans at present to do so.

Legal Services.

Ruairí Quinn

Ceist:

547 Mr. Quinn asked the Minister for Community, Rural and Gaeltacht Affairs if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15772/06]

Ruairí Quinn

Ceist:

548 Mr. Quinn asked the Minister for Community, Rural and Gaeltacht Affairs the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15786/06]

Ruairí Quinn

Ceist:

549 Mr. Quinn asked the Minister for Community, Rural and Gaeltacht Affairs if his Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the Law Offices of the State (1997) that legal advice should be given to the Government only by the Attorney General and his office. [15800/06]

I propose to take Questions Nos. 547 to 549, inclusive, together.

My Department does not have any legal advisers of its own. Our normal practice is to seek legal advice from the Attorney General and his office. However, my Department paid €35,000 in 2004 to the Law Reform Commission for specialist legal research, public consultation and recommendations concerning charitable trust law reform. Payments of €4,905.48 in 2004 and €15,636.67 in 2005 were made to Philip Lee Solicitors for legal advice on various research contracts related to the National Advisory Committee on Drugs.

Of the State bodies under the aegis of my Department, Údarás na Gaeltachta employs one in-house legal adviser on a full-time basis. A further legal adviser is employed by Údarás na Gaeltachta on a contract basis, to end December 2006, in response to increased work demands in recent years, arising principally from the organisation's active disposal of and re-investment in assets programme. The position of the secretary to the Commissioners of Charitable Donations and Bequests for Ireland must be filled by either a solicitor or barrister and the present holder is a qualified solicitor.

Animal Feedstuffs.

John Gormley

Ceist:

550 Mr. Gormley asked the Minister for Agriculture and Food her views on the recent decision of the European Food Safety Authority to allow the use of formaldehyde, a human carcinogen, as a growth enhancer in chicken feed; the steps she will be taking to ensure consumers are informed on the matter; and if she will make a statement on the matter. [14295/06]

Feed additives are regulated at EU level under Regulation (EC) 1831/2004. Formaldehyde is authorised for use as a preservative in skim milk for use in pig nutrition. Following an application for authorisation, the European Food Safety Authority published an opinion in September 2004 concerning the use of formaldehyde in feed for fattening chickens. Despite this opinion, which was mostly favourable, the Commission expressed concerns about the use of the additive and referred the matter for further scientific evaluation. This new evaluation is ongoing, and in the meantime, formaldehyde is not currently authorised for use in chicken feed.

Decentralisation Programme.

Gerard Murphy

Ceist:

551 Mr. G. Murphy asked the Minister for Agriculture and Food, further to decentralisation to Macroom, if Macroom is on a priority list; the number of civil servants who have agreed to go there; and if land has been purchased in that area. [14615/06]

Jim O'Keeffe

Ceist:

599 Mr. J. O’Keeffe asked the Minister for Agriculture and Food the progress which has been made regarding the proposed decentralisation of the Department of Agriculture and Food staff to a location (details supplied) in County Cork; the number of staff who have volunteered for this relocation; the premises acquired for this purpose; when staff will be relocated to this town; and if she will make a statement on the matter. [15254/06]

I propose to take Questions Nos. 551 and 599 together.

The Decentralisation Implementation Group, DIG, in its report to the Minister for Finance in June 2005 indicated that construction of my Department's laboratories in Macroom should start by the end of 2007 and be completed by early 2009.

My Department has forwarded an accommodation brief to the Office of Public Works for Macroom. The brief outlines the requirements for office staff, laboratories, visitor areas and general service areas for the new laboratory complex. Given the complexity of the facility, that brief is preliminary and will be adjusted as specific requirements are finalised. This preliminary brief will, however, allow the OPW to source a site for the facility. The OPW is actively seeking a site for the facility and my Department is in ongoing contact with it in this regard. There have been 82 applications to the central applications facility, CAF, for relocation to Macroom.

Grant Payments.

Ned O'Keeffe

Ceist:

552 Mr. N. O’Keeffe asked the Minister for Agriculture and Food the position regarding the EU single farm payment in respect of a person (details supplied) in County Cork who did not consolidate his entitlements and who has in recent weeks submitted the necessary completed application form and documentation to her Department ’s office in Portlaoise. [14264/06]

The person named submitted an application under the single payment scheme on 13 May 2005 in respect of 67.10 entitlements. However, payment in the amount of €22,074.77 issued in respect of only 56.66 entitlements on 1 December 2005 as the applicant declared a total forage area of 56.66 hectares on his 2005 single payment application.

The person named submitted an application on 3 March 2006 to consolidate his entitlements under the consolidation measure of the scheme. This application has now been fully processed and a payment of the outstanding balance of his single payment, following consolidation, will issue in the coming days.

Departmental Staff.

Michael Ring

Ceist:

553 Mr. Ring asked the Minister for Agriculture and Food if it is possible for personnel in her Department who are currently working in Dublin to be considered for a transfer to PULSE in Castlebar, County Mayo. [14341/06]

I understand from the Department of Justice, Equality and Law Reform that applications from officers wishing to transfer to the Garda information service centre in Castlebar will be dealt with in the normal way provided they have vacancies in the particular grade. However, officers wishing to transfer will be required to work on a shift basis at the Castlebar centre.

Grant Payments.

Jim O'Keeffe

Ceist:

554 Mr. J. O’Keeffe asked the Minister for Agriculture and Food the reason for the delay in payment of a 2005 REP scheme grant for a person (details supplied) in County Cork. [14360/06]

This holding was chosen for a full plan check and on-farm inspection. Arising from this inspection, my Department notified the person named, in mid-December last, that he would have to submit an amended agri-environmental plan. This plan has not been received to date, and the payment cannot be released until it has been submitted and deemed acceptable.

Farm Retirement Scheme.

John Deasy

Ceist:

555 Mr. Deasy asked the Minister for Agriculture and Food if she intends to extend the farm retirement scheme when the current scheme ceases on 31 December 2006; if, in introducing a new scheme, she would considering increasing the rate of pension; and if she will make a statement on the matter. [14404/06]

The EU Council regulation covering the current early retirement scheme will expire in December 2006.

The Council regulation on rural development for the period from 2007 to 2013 includes provision for member states to operate several schemes, including an early retirement scheme, and lays down the maximum pension which may be paid under any such early retirement scheme. No decisions have yet been taken regarding which schemes will be operated in Ireland under this regulation, nor has the format of any such schemes been decided.

Afforestation Programme.

Seán Haughey

Ceist:

556 Mr. Haughey asked the Minister for Agriculture and Food the way in which she proposes to promote forestry, particularly on bad land on the Atlantic seaboard; if such trees can eventually be used for the manufacture of paper here; and if she will make a statement on the matter. [14430/06]

Forestry is promoted through the provision of a comprehensive package of incentives and supports, through funding for Teagasc and COFORD, and through focused promotional campaigns.

The current package of incentives and supports combines 100% grants for planting and attractive premiums of up to €500 per hectare, payable for 20 years for farmers and 15 years for non-farmers. Farmers can plant up to 50% of their land and still draw down the full single payment, as well as the forestry premium. All income earned from commercial woodlands, including the premium, is exempt from tax. Financial support is also available for the growing forest in the form of grants for the shaping and pruning operations, and for forest roads.

With regard to afforestation on the western seaboard and elsewhere, it should be noted that all grant aid is contingent on the land being able to grow a commercial crop of trees. It is also important to note that all afforestation must have regard to broader environmental considerations.

On the question of paper manufacture, there is no paper making facility in the State and most of the material produced here is used in wood processing and construction. Wood energy is now beginning to offer real potential as an outlet for forestry production. Our main wood species, Sitka Spruce, is suitable for paper production.

Grant Payments.

John McGuinness

Ceist:

557 Mr. McGuinness asked the Minister for Agriculture and Food the reason the single farm payment has not issued to a person (details supplied) in County Kilkenny; and if she will expedite this payment. [14460/06]

John McGuinness

Ceist:

595 Mr. McGuinness asked the Minister for Agriculture and Food if the single farm payment will be expedited for a person (details supplied) in County Kilkenny. [15205/06]

I propose to take Questions Nos. 557 and 595 together.

As the person named did not submit an application form for the transfer of entitlements by way of inheritance, an official of my Department has been in direct contact with him and advised him as to the documentation which must be submitted to my Department to allow the transfer of the entitlements in question. The case will be processed as quickly as possible when the required documentation is submitted to my Department.

Willie Penrose

Ceist:

558 Mr. Penrose asked the Minister for Agriculture and Food if she will have the costings upon which a person (details supplied) in County Westmeath was awarded a grant towards his on-farm investment reviewed as it is clear that the costings upon which this grant was based are clearly under estimated, whereby the grant appears to be based on an estimate of €41,000 while the actual costs of the building was €65,000; if she will take steps to have the 40% grant based upon the actual figure; and if she will make a statement on the matter. [14469/06]

The person concerned applied for grant-aid under the farm waste management scheme on 30 August 2005. Under the conditions of the scheme, the standard costings at the time of issue of my Department's approval are applicable. As the grant eventually paid to the applicant was calculated on the basis of these standard costings, there are no grounds for revision of the grant concerned.

Tom Hayes

Ceist:

559 Mr. Hayes asked the Minister for Agriculture and Food if there are further developments in the issue of final payment to a person (details supplied) in County Tipperary under the single payment scheme. [14485/06]

The application under the 2005 single payment scheme in this case has now been fully processed and the final payment has issued.

Liam Aylward

Ceist:

560 Mr. Aylward asked the Minister for Agriculture and Food the progress to date on the national reserve application by a person (details supplied) in County Kilkenny. [14493/06]

The person named applied to the single payment scheme national reserve 2005 under categories B and C.

Category B caters for farmers who, between 1 January 2000 and 19 October 2003, made an investment in production capacity in a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000 to 2002. Investments can include purchase or long-term lease of land, purchase of suckler and-or ewe quota or other investments. The person named applied to be considered under the other investments section of this category. My Department's records show that a letter has issued to him requesting additional information under this category and when this is received his application will be further examined.

Category C caters for farmers who, between 1 January 2000 and 19 October 2003, sold their milk quota into the milk quota restructuring scheme and converted their enterprise to a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000 to 2002.

It should be noted that the rules governing the single payment scheme stipulate that an applicant who is found to be eligible under more than one category in the reserve may only receive an allocation of entitlements under whichever category is most beneficial to him.

Official Engagements.

Bernard Allen

Ceist:

561 Mr. Allen asked the Minister for Agriculture and Food the details of her travels abroad for the St. Patrick’s Day celebrations; the people who travelled with her in their official party; the duration of the visit; and the cost. [14505/06]

I visited Prague in the Czech Republic from 16 to 19 March where I was the guest of honour at the ambassador's St. Patrick's Day reception for senior representatives from the business, trade and tourism and cultural sectors, and the Irish community. I also participated in a number of Bord Bia sponsored events to market Irish products in the growing Czech market, including an in-store promotion, media presentation and a business lunch for key Czech agents and distributors. I was guest of honour at the Czech-Irish Business Association St. Patrick's Day Annual Dinner on Saturday, 18 March. On Sunday, I attended a St. Patrick's Day mass for members of the Irish community. In addition, I held bilateral talks with the Czech Ministry for Agriculture on a range of issues including WTO and CAP policy as well as with local authorities on matters of mutual interest. My husband and my private secretary accompanied me on this visit. The cost of the visit to Prague is not available at present. However, the details will be forwarded to the Deputy when available.

Grant Payments.

Dan Neville

Ceist:

562 Mr. Neville asked the Minister for Agriculture and Food the outcome of an application for extra suckler quota from the national reserve for a person (details supplied) in County Limerick. [14580/06]

The person named submitted an application for an allocation of entitlements from the single payment scheme national reserve under category B which caters for farmers who, between 1 January 2000 and 19 October 2003, made an investment in production capacity in a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000-02. Investments can include purchase or long-term lease of land, purchase of suckler and-or ewe quota or other investments.

The person named did not apply to the national reserve for allocation of entitlements based on suckler cow quota purchased. He did apply on the basis that he purchased land and made other investments related to production capacity.

A formal letter of decision outlining my Department's position in relation to the national reserve has issued to the person named and if he is dissatisfied with this decision he now has the opportunity to appeal the decision to the independent appeals committee. An appeals application form is available from any of my Department's offices or on the Department website at www.agriculture.gov.ie.

Departmental Correspondence.

Willie Penrose

Ceist:

563 Mr. Penrose asked the Minister for Agriculture and Food if she will confirm having received correspondence from a person (details supplied) in County Westmeath; if, in this context, she will pursue the suggestion contained therein that some regulation concerning inheritable wind disease for national hunt stallions will be considered; and if she will make a statement on the matter. [14609/06]

I am aware of the correspondence to which the Deputy refers.

Under the provisions of The European Communities (Equine Stud-Book and Competition) Regulations 2004, SI 399 of 2004, I am empowered to grant approval to a person, an international association or organisation for the purposes of maintaining a stud book subject to compliance with the requirements of the relevant legislation in force. Weatherbys Ireland GSB Limited is the organisation approved to maintain the thoroughbred studbook in which national hunt stallions in Ireland are registered.

The legislation provides for keepers of approved stud-books to divide the main section of their stud-book into classes according to the animal's merits. Therefore, approved studbooks can choose to classify animals in their studbook according to their merits, such as the inheritance of wind disease, to discourage the breeding of animals with a genetic defect.

On-farm Inspections.

Michael Ring

Ceist:

564 Mr. Ring asked the Minister for Agriculture and Food if she will honour her undertaking, given to the Milk Rights Group at a meeting in Ballymote, that she would consider allowing ten days notice being given before an on-farm inspection by her Department officials; and the progress which has been made on this matter since. [14610/06]

Michael Ring

Ceist:

565 Mr. Ring asked the Minister for Agriculture and Food the notice a Department inspector must give to a person before they call for an on-farm inspection, including the inspection of the herd register and so on. [14611/06]

Michael Ring

Ceist:

566 Mr. Ring asked the Minister for Agriculture and Food if farmers who are having farm inspections should get at least ten days notice to get work done that weather and other inconveniences had prevented them from doing; if the EC directive will not allow this, her views on then giving farmers ten days after inspection in order that they can attend to items that need attention before any penalties are imposed; and if she will make a statement on the matter. [14613/06]

I propose to take Questions Nos. 564 to 566, inclusive, together.

In so far as inspections under the single payment scheme are concerned, the regulations state that notification may be given where the purpose of the inspection is not jeopardised, but such notification must be limited to a maximum 48 hours where eligibility checking or cross-compliance checking on the identification and registration of animals is part of the inspection. However, no advance notification limit is specified where other cross-compliance checks are involved.

Where an on-farm inspection under the single payment scheme does not involve an eligibility check and involves cross-compliance checks other than identification and registration of animals, my Department will give 14 days advance notice of the inspection.

My Department is committed, in the charter of rights for farmers, to pursuing, with the European Commission, the question of allowing 14 days advance notice for all inspections. My officials have already raised this matter with the Commission but the Commission has indicated that it is unwilling to introduce any changes in this regard.

The EU regulations governing the cross-compliance sanctions system sets out a range of percentage reductions. For infringement of a legal standard a 3% reduction is proposed but this could be reduced to 1% or increased to 5% depending on the extent, severity and permanence of the infringement. If the non-compliance were repeated a multiplier of three must be applied. In the case of intentional infringement a 20% reduction is provided for but this could be reduced to 15% or increased to 100% depending on the extent, severity and permanence of the infringement.

My Department engaged in intensive negotiations with the farming bodies on the implementation of cross-compliance under the single payment scheme in the context of drawing up a new charter of rights for farmers on the delivery of all of my Department's schemes and services.

In putting in place the inspection system under the single payment scheme, particular attention was given to ensuring that: procedures are fair, equitable and proportional; and the system is standardised to the maximum extent possible across all areas of the country. To achieve these objectives it was necessary to put in place mechanisms that will take due account of whether any non-compliance found is: (a) on its own minor in nature; (b) negligent; or (c) intentional.

The sanctions system that has been introduced for inspections is clearly set out in the charter of rights for farmers. Tolerances are applied for minor infringements which, on their own, are regarded as inadvertent breaches capable of occurring in practical farming situations.

Grant Payments.

Ned O'Keeffe

Ceist:

567 Mr. N. O’Keeffe asked the Minister for Agriculture and Food the position regarding an appeal lodged in 2005 in respect of the EU single payment for a person (details supplied) in County Limerick. [14646/06]

The person named submitted an application for consideration of her circumstances under the force majeure-exceptional circumstances measure of the single payment scheme. This application and subsequent appeal were both deemed unsuccessful as the medical evidence furnished related to circumstances that commenced in the mid-1990’s and were not considered to have resulted in a drop in production in terms of the premia and arable aid schemes during the reference years. However, it was noted that she had sold her milk quota into re-structuring and purchased suckler cow quota and as such she was advised to submit an application for consideration of her circumstances under the national reserve measure of the single payment scheme.

The person named subsequently applied to the single payment scheme national reserve 2005 under categories B and C. Category B caters for farmers who, between 1 January 2000 and 19 October 2003, made an investment in production capacity in a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000 to 2002. The person named applied to be considered under section (ii) of category B on the basis that she purchased suckler cow quota rights in one or more of the scheme years 2001, 2002, or 2003.

Category C caters for farmers who, between 1 January 2000 and 19 October 2003, sold their milk quota into the milk quota restructuring scheme and converted their enterprise to a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000 to 2002.

It should be noted that the rules governing the single payment scheme stipulate that an applicant who is found to be eligible under more than one category in the reserve may only receive an allocation of entitlements under whichever category is most beneficial.

Formal letters setting out my Department's decision have issued to the person named. However, should she be dissatisfied with my Department's decision she will be given the opportunity to appeal this decision to the Independent Payment Appeals Committee, Government Buildings, Old Abbeyleix Road, Portlaoise, County Laois.

Milk Quota.

Seymour Crawford

Ceist:

568 Mr. Crawford asked the Minister for Agriculture and Food the amount she has paid out on advertising the milk quota restructuring for 2006; her views on whether her new proposal for milk quota sales through agents, marts and so on will virtually kill off this proposal; and if she will make a statement on the matter. [14647/06]

The 2006 milk quota restructuring scheme is the second year of a two-year restructuring programme. The public notice announcing the 2006 scheme was published in four national newspapers and the direct cost of this amounted to €13,708.23 including VAT.

In March I announced my intention to move to a more open market system for transferring milk quotas, which will come into effect on 1 April 2007. I made this decision because the current restructuring model will not meet the future needs of the industry and a more effective response is required to meet future competitive pressures. The timing of this announcement was deliberate so that farmers would be aware, in advance of this year's restructuring scheme, that the current model would be altered in succeeding years. In waiting a year to implement this policy I am respecting the commitment I gave in 2005 to a two-year programme, ending in March 2007. This also allows for a full examination of options for dealing with the issues raised following the completion of the first stage of consultations with the farm organisations.

Grant Payments.

Michael Ring

Ceist:

569 Mr. Ring asked the Minister for Agriculture and Food when a person (details supplied) in County Mayo will receive the disadvantaged area payment and single farm payment. [14676/06]

The person named submitted an application for consideration in respect of the inheritance measure of the single payment scheme. Following processing of his application, he was notified that his application was successful and payment will issue shortly.

Jimmy Deenihan

Ceist:

570 Mr. Deenihan asked the Minister for Agriculture and Food if a person (details supplied) in County Kerry will qualify for a top-up grant for young farmers; and if she will make a statement on the matter. [14725/06]

The person named is an applicant under the farm waste management scheme. To qualify for the top-up grant for young farmers, an application must be received by my Department within a period of five years from the date on which he-she is first issued with a herd number or other Department identifier. This is a requirement of the EU provisions governing the scheme and I have no flexibility in regard to the matter.

This applicant applied under the previous version of the farm waste management scheme and was approved for a grant of 55%, including the young farmer top-up grant, as his application was received within the period of five years referred to above. He then applied on 6 April 2006 for the higher grant rates applicable under the revised farm waste management scheme introduced by my Department on 24 March 2006. As the period of five years has now elapsed, however, he is eligible only for the new standard grant-rate of 60% provided for in the revised scheme.

David Stanton

Ceist:

571 Mr. Stanton asked the Minister for Agriculture and Food when a single farm payment will issue to a person (details supplied) in County Cork; and if she will make a statement on the matter. [14728/06]

An application under the single payment scheme was received from the person named on 4 May 2005. The application has now been processed and payment will issue shortly.

Organic Farming.

Róisín Shortall

Ceist:

572 Ms Shortall asked the Minister for Agriculture and Food the number of organic operators registered with her Department in each of the years since and including 2000; the number of inspections that have taken place of such operators in each of the years in question; and if she will make a statement on the matter. [14828/06]

The information requested by the Deputy is set out in the following table:

Year

No. of Operators

No. of Inspections

2000

912

1,035

2001

995

1,290

2002

1,012

1,186

2003

983

1,200

2004

1,004

1,166

2005

1,090

1,223

Róisín Shortall

Ceist:

573 Ms Shortall asked the Minister for Agriculture and Food the procedures in place to ensure that organic imports from non-EU countries without equivalence recognition are being produced under the same rules for organic produce as specified for Irish producers; if these procedures are employed before or after the product goes on sale here; if a record is kept of such products that do not meet this requirement or where products have been withdrawn or withheld; the areas in which such information is published; the number of products and producers banned or withheld in this fashion in each of the years since and including 2000 where figures are available; and if she will make a statement on the matter. [14829/06]

At present there are six non-EU countries authorised by the Commission as having equivalent production rules and controls to the EU for certain categories of organic product. These products, provided they have been inspected and certified by an approved inspection body in the country of origin, may be brought freely into the EU and marketed as organic.

For all other third country imports, authorisation is granted, on a case-by-case basis, by the relevant competent authority, which in Ireland is my Department. An importer must be registered with a competent EU authority and subject to an inspection by an approved EU organic inspection body in the country of import. Registered importers must complete an application form and provide supporting documentation that will demonstrate that the products to be imported were produced to rules equivalent to those laid down in Articles 6 and 7 of Council Regulation (EEC) No. 2092/91, which deals with the organic sector; were subject to inspection measures of equivalent effectiveness to those laid down in Articles 8 and 9 of the Council Regulation; and that such inspection measures will be permanently and effectively applied.

The member state must notify the Commission and the other member states of the third countries and products for which it has issued an authorisation. The products cannot be imported without this authorisation. The majority of third country imports are not imported directly into Ireland so the authorisations are made by the member state where the product is imported to first. To date, ten import authorisations have been granted by my Department and no organic product has been refused entry into Ireland.

Afforestation Programme.

Pat Breen

Ceist:

574 Mr. P. Breen asked the Minister for Agriculture and Food if her Department will re-examine a forestry application for a person (details supplied) in County Clare; and if she will make a statement on the matter. [14862/06]

I understand that the application in question was recently reviewed under the Forest Service appeals facility. As a result, an alternative planting proposal is currently awaited from the applicant.

Grant Payments.

Ned O'Keeffe

Ceist:

575 Mr. N. O’Keeffe asked the Minister for Agriculture and Food the position regarding the EU single payment scheme for a person (details supplied) in County Cork in view of the documentation recently submitted. [14909/06]

The person named had previously requested consideration to transfer entitlements by way of lease of lands and entitlements — private contract clause — and was notified that the application was unsuccessful as she was required to have the inherited entitlements transferred to her prior to transferring them by way of lease. The person named submitted an application for consideration in respect of the inheritance measure of the single payment scheme. Following processing of her application, she was notified that her application was successful.

As a result of her successful inheritance application, the private contract clause application is currently being reviewed. The applicant will shortly be notified of the outcome of this review by my Department.

Michael Ring

Ceist:

576 Mr. Ring asked the Minister for Agriculture and Food the single farm payment entitlements of a person (details supplied) in County Mayo; the payment received and amount outstanding; and if this person was paid on his full quota entitlements. [14910/06]

Michael Ring

Ceist:

577 Mr. Ring asked the Minister for Agriculture and Food when a decision will be made on an application to the national reserve by a person (details supplied) in County Mayo. [14911/06]

I propose to take Questions Nos. 576 and 577 together.

An application under the 2005 single payment scheme was received from the person named on 20 April 2005, on which 22.47 eligible hectares were declared. The person named had established 22.47 entitlements during the reference period. Payment in full in respect of these entitlements issued to the person named on 1 December 2005.

The person named also submitted an application for an allocation of entitlements from the single payment scheme national reserve 2005 under category B. Category B caters for farmers who, between 1 January 2000 and 19 October 2003, made an investment in production capacity in a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000 to 2002. Investments can include purchase or long-term lease of land, purchase of suckler and-or ewe quota or other investments.

A formal letter setting out my Department's decision has issued to the person named. A top-up payment on his existing entitlements will issue shortly. However, should he be dissatisfied with my Department's decision in relation to the national reserve he has the opportunity to appeal this decision to the independent payment appeals committee. An appeals application form is available from any of my Department's offices or on the Department website at www.agriculture.gov.ie.

Paul Connaughton

Ceist:

578 Mr. Connaughton asked the Minister for Agriculture and Food the position regarding a single payment application by a person (details supplied) in County Galway; and if she will make a statement on the matter. [14951/06]

The person named submitted an application for the transfer of entitlements by way of inheritance under the single payment scheme. Following processing of his application, the applicant was requested on 21 April 2006 to submit supporting documentation — a copy of the grant of probate, letters of administration or deed of transfer. Upon receipt of this documentation, my Department will be in a position to notify the applicant of the decision taken in this case and issue the single payment, if appropriate.

Tom Hayes

Ceist:

579 Mr. Hayes asked the Minister for Agriculture and Food the payments which are due to a person (details supplied) in County Tipperary under the single payment scheme. [14974/06]

The person named submitted an application for a re-examination of his entitlements under the scission measure of the 2005 single payment scheme following the cessation of a farm partnership. The scission application has now been processed and payment in full will issue to the person named shortly.

David Stanton

Ceist:

580 Mr. Stanton asked the Minister for Agriculture and Food when a single farm payment will issue to a person (details supplied) in County Cork; and if she will make a statement on the matter. [14990/06]

An application under the 2005 single payment scheme was received from the person named on 5 May 2005. The person named also submitted a private contract clause application under the 2005 scheme. As this application has now been processed and the entitlements transferred, payment to the person named will issue shortly.

David Stanton

Ceist:

581 Mr. Stanton asked the Minister for Agriculture and Food when a single farm payment will issue to a person (details supplied) in County Cork; and if she will make a statement on the matter. [14991/06]

An application under the 2005 single payment scheme was received from the person named on 14 April 2005. During initial processing of the application, issues arose which required to be satisfactorily resolved before payment could be made. Following direct contact with the person named, these matters have now been resolved and payment will issue shortly.

Seymour Crawford

Ceist:

582 Mr. Crawford asked the Minister for Agriculture and Food when a person (details supplied) in County Cavan will receive his payments regarding his sheep flock and whose dispute with her Department was settled by the appeals office in 2005 but whose entitlements are still being denied; her views on whether this is unrealistic treatment for a young start-up farmer; and if she will make a statement on the matter. [15024/06]

Following a successful appeal to the agriculture appeals office, the person named was deemed to have been assigned a flock number in December 2002. Under both the 2003 and 2004 ewe premium schemes, the person named lodged applications in respect of 44 ewes. A total payment of €2,464.00, which is shortly due to issue to the person named, has been calculated on the basis of €21 per animal under the ewe premium scheme, together with €7 per animal, in respect of the rural world premium.

Animal Welfare.

Gay Mitchell

Ceist:

583 Mr. G. Mitchell asked the Minister for Agriculture and Food the length of time an injured swan was left on a roadside in Dublin before receiving treatment; if the swan was tested for avian flu; if so, the date on which it was tested; if the collision of the swan with a Luas tram could have been caused by illness or weakness of the bird; if the blood at the scene was removed in a safe manner; if so, when; and if she will make a statement on the matter. [15025/06]

The matter referred to by the Deputy was reported to my Department through the avian influenza helpline around midday on Sunday morning, 9 April, when a call for assistance was received from the Garda Síochána which indicated that the bird's injuries arose from a collision with a Luas tram. It is important to understand that my Department does not have a function in the collection and treatment of wild birds injured in this way.

The swan was brought alive by a member of the Garda to the UCD Veterinary College, pet emergency hospital, and euthanised there on welfare grounds. Tests for avian influenza were subsequently carried out at the Department's central veterinary research laboratory and were completed on 13 April with negative results. I have no information with regard to the details of the scene of the accident.

I emphasise that my Department's function in wild birds involves the collection and testing of dead birds of certain limited species such as waterfowl in the context of surveillance for avian influenza as these pose the greatest threat of the introduction of the disease.

Grant Payments.

Joe Walsh

Ceist:

584 Mr. Walsh asked the Minister for Agriculture and Food when payment of the farm waste management grant will be made to a person (details supplied) in County Cork. [15026/06]

The application by the above named person for grant aid under the farm waste management scheme received on 7 October 2004 is currently being processed within my Department following completion of the works concerned. Further documentation requested from the applicant has recently been received and is being examined. If it is established that the completed investment works meet all the requirements of the scheme, payment will issue as soon as possible to the applicant.

Jim O'Keeffe

Ceist:

585 Mr. J. O’Keeffe asked the Minister for Agriculture and Food when a person (details supplied) in County Cork was approved for single farm payment; the reason for the delay in issuing payment; and if she will make a statement on the matter. [15027/06]

The person named submitted an application for the transfer of entitlements by way of private contract clause under the single payment scheme. The application of the person named was successful and payment will issue shortly.

Ned O'Keeffe

Ceist:

586 Mr. N. O’Keeffe asked the Minister for Agriculture and Food when payment of the EU single farm payment will issue to a person (details supplied) in County Cork. [15028/06]

An application under the single payment scheme was received from the person named on 13 May 2005. Under EU legislation, to draw down the full single payment, an applicant must declare an eligible hectare to accompany each entitlement. The person named had established 51.65 entitlements, to which a further 26.10 entitlements were added, following the acceptance of his private contract clause application. However, as the person named only declared 51.65 hectares on his 2005 single payment application, the payment, which is due to issue shortly, will be in respect of 51.65 entitlements. As the entitlements transferred in under the private contract clause facility are of a higher value, these will be paid in full, with the balance of the payment comprising 25.55 of the original entitlements.

Ned O'Keeffe

Ceist:

587 Mr. N. O’Keeffe asked the Minister for Agriculture and Food if she will approve a grant application under the farm development grant scheme for a person (details supplied) in County Limerick. [15029/06]

The person concerned is an applicant under the farm waste management scheme. It is a fundamental requirement of the scheme that aid will not be granted where work is commenced before written approval has been conveyed by the Department. Evidence of such commencement was forwarded to the applicant by Department letter of 13 March 2006 which also raised certain other matters relating to the specifications of the materials actually used. To date, however, a formal reply has not been received from the applicant. No payment can be made by my Department until these outstanding issues are resolved.

Paul Connaughton

Ceist:

588 Mr. Connaughton asked the Minister for Agriculture and Food the reason the full transfer of entitlements by way of private contract clause has not been awarded to a person (details supplied) in County Galway; the further reason the standard entitlements of €14,918.98 has not been credited to the person; and if she will make a statement on the matter. [15030/06]

The person named submitted an application form for consideration in respect of the transfer of entitlements by way of private contract clause. Following processing of his application the applicant was notified that his application was successful, and payment issued on 29 March 2006. Under the provisions of the EU regulations, it is only possible to transfer the number of entitlements equivalent to the number of hectares leased.

As the number of entitlements held by the lessor was greater than the number that could be transferred with the hectares leased, he continues to hold entitlements following the processing of the private contract clause application.

These entitlements can now be transferred by way of gift to the lessee; the appropriate form has been issued to the parties involved for completion. When the completed application form is submitted to my Department, it will be processed without delay and the person named will be informed of the decision.

Jim O'Keeffe

Ceist:

589 Mr. J. O’Keeffe asked the Minister for Agriculture and Food when a person (details supplied) in County Cork was approved for single farm payment; the reasons for the delay in issuing payment; and if she will make a statement on the matter. [15199/06]

The person named submitted applications for consideration in respect of the new entrant and inheritance measures of the single payment scheme. During the processing of his applications the applicant was notified that while he qualified under both measures, the inheritance measure was more financially beneficial.

Following completion of the transfer of entitlements by way of inheritance from both transferors, the person named had 38.34 single payment entitlements. Payment in respect of the 36.65 single payment entitlements utilised by the applicant will issue shortly.

Animal Welfare.

Pat Carey

Ceist:

590 Mr. Carey asked the Minister for Agriculture and Food if, arising from a previous parliamentary question, where she states that her Department does not have responsibility for the protection and welfare of non-farm animals such as cats; the Department which has responsibility for the welfare of such animals; and if she will make a statement on the matter. [15200/06]

My Department's statutory responsibility in the welfare and protection of animals relates to animals kept for farming purposes and does not extend to animals kept as pets.

The Protection of Animals Act 1911 and the Protection of Animals (Amendment) Act 1965 are the principal statutes governing cruelty to animals here. Responsibility for pursuing complaints under that legislation rests with the Garda Síochána. On receipt of such complaints, the Garda has a statutory basis on which to investigate and bring a prosecution against any person alleged to have committed an act of cruelty against an animal.

Pat Carey

Ceist:

591 Mr. Carey asked the Minister for Agriculture and Food if the ex gratia payments to animal rescue services have been reduced for the current year; and if she will make a statement on the matter. [15201/06]

My Department has in recent years made ex gratia payments to a number of appropriate bodies involved in the actual delivery of animal care and welfare services throughout the country. The funding available to any individual organisation is dependent on resources available and the level of demand and is therefore intended only as a contribution to the overall costs of the organisations. In 2004, €1 million was allocated to 83 organisations while in 2005, €1.206 million was allocated to 86 organisations.

While the amount included in the 2006 Estimates for my Department for this purpose is €1.1 million, actual expenditure will be determined later this year, taking account of the level of demands from the organisations involved and my Department's overall budgetary position at that stage.

Grant Payments.

Dan Neville

Ceist:

592 Mr. Neville asked the Minister for Agriculture and Food the position regarding an application for a person (details supplied) in County Limerick for allocation of entitlements from single payment national reserve category C. [15202/06]

The person named applied to the single payment scheme national reserve 2005 under category C. Category C caters for farmers who, between 1 January 2000 and 19 October 2003, sold their milk quota into the milk quota restructuring scheme and converted their enterprise to a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000 to 2002. A formal letter setting out my Department's decision has issued recently to the person named. However, should he be dissatisfied with my Department's decision he may appeal to the independent payment appeals committee. An appeals application form is available from any of my Department's offices or on the Department website at www.agriculture.gov.ie.

Suckler Cow Quota.

Dan Neville

Ceist:

593 Mr. Neville asked the Minister for Agriculture and Food the outcome of an application for extra suckler cow quota from the national reserve for a person (details supplied) in County Limerick. [15203/06]

The person named submitted an application for an allocation of entitlements from the single payment scheme national reserve under category B which caters for farmers who, between 1 January 2000 and 19 October 2003, made an investment in production capacity in a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000-2002. Investments can include purchase or long-term lease of land, purchase of suckler and-or ewe quota or other investments.

A formal letter setting out my Department's decision has issued recently to the person named. However, should she be dissatisfied with my Department's decision in relation to the national reserve she has the opportunity to appeal this decision to the Independent Appeals Committee, Government Buildings, Old Abbeyleix Road, Portlaoise, County Laois. An appeals application form is available from any of my Department's offices or on the Department website at www.agriculture.gov.ie.

Milk Quota.

Dan Neville

Ceist:

594 Mr. Neville asked the Minister for Agriculture and Food the outcome of an application to the milk quota tribunal in the year 2005-06 quota year for a person (details supplied) in County Limerick. [15204/06]

Allocations of milk quota from the national reserve are granted on the basis of recommendations from the milk quota appeals ribunal. The tribunal examines and makes recommendations on applications for additional quota from individual producers.

The person named applied to the tribunal in the 2005-06 quota year and the tribunal examined his application last January. It recommended an allocation of additional quota on that occasion, and the person and his co-op were notified of this outcome in early February.

Question No. 595 answered with QuestionNo. 557.

Grant Payments.

Gerard Murphy

Ceist:

596 Mr. G. Murphy asked the Minister for Agriculture and Food the reason the single farm payment has not been paid to a person (details supplied) in County Cork; if there is other documentation to be submitted by this person; and if she will make a statement on the matter. [15206/06]

An official of my Department has been in direct contact with the person named and advised him as to the documentation which must be submitted to allow the transfer of the entitlements in question. The case will be processed as quickly as possible when the required documentation is submitted to my Department.

Gerard Murphy

Ceist:

597 Mr. G. Murphy asked the Minister for Agriculture and Food, further to Question No. 201 of 24 November 2005, when payment will be made to a person (details supplied) in County Cork; the amount that will be paid; and if she will make a statement on the matter. [15207/06]

The person named submitted two applications under the 2004 special beef premium scheme in respect of a total of nineteen animals. The first application, in respect of ten animals, was received on 4 May 2004 and the second application, in respect of nine animals, was received on 7 January 2005.

Following computer validation, it was found that eight of the animals on the second application were non-CMMS compliant, that is, they were not recorded as being in the herd of the person named on the date of receipt of the application by the Department, a regulatory requirement of the special beef premium scheme. The ninth animal was found to have died prior to application. Under the governing regulations, the eight non-CMMS compliant animals were liable to be rejected, that is, not paid premium and a reduction penalty applied to other premia payments to the person named. The ninth animal was not eligible for payment and was deleted as an innocent error.

Following review, the matter of the eight non-CMMS compliant animals has been resolved satisfactorily and the eight animals in question have been processed for payment. The closing date for the 2004 scheme was 31 December 2004 and, as this application was received on 7 January 2005, there is a 4% late penalty, a 1% reduction per working day after the deadline, to be applied. A cheque for €1,612.80, representing payment in respect of eight bulls with the late application penalty, will shortly issue to the person named.

There is also an outstanding 40% balancing payment in respect of the ten animals in the first 2004 special beef premium application of the person named. A cheque in the amount of €600, representing this balancing payment, will also issue shortly. The person named is also eligible for extensification premium, at a rate of €80 per animal, in respect of all animals for which special beef premium has been paid. Having taken the late application penalty into account the extensification premium will result in a payment of €1,414.40 and this will issue shortly. These payments were initially not made to the person named, as the penalty in respect of the non-CMMS compliant animals applied across all schemes.

Gerard Murphy

Ceist:

598 Mr. G. Murphy asked the Minister for Agriculture and Food the position regarding the single farm payment for a person (details supplied) in County Kerry; if she will intervene in the matter; the amount which will be awarded; when same will be awarded; and if she will make a statement on the matter. [15208/06]

An application under the single payment scheme was received from the person named on 13 May 2005. The person named submitted an application requesting consideration in respect of the inheritance measure of the single payment scheme. The applicant was notified on 27 May 2005 that his application was successful.

The person named also submitted applications under the private contract clause and consolidation measures of the single payment scheme. However, following processing, it is clear that his particular circumstances can be adequately addressed under the inheritance measure and arrangements are under way for payment to issue to him at an early date.

Question No. 599 answered with QuestionNo. 551.

Michael Lowry

Ceist:

600 Mr. Lowry asked the Minister for Agriculture and Food when a single farm payment will issue to a person, details supplied, in County Tipperary; the reason for delay to date; and if she will make a statement on the matter. [15255/06]

The person named submitted an application for consideration in respect of the inheritance measure of the single payment scheme. Following processing of his application, he was notified on 21 April 2006 that his application was successful and payment will issue to him shortly.

Legal Disputes.

Denis Naughten

Ceist:

601 Mr. Naughten asked the Minister for Agriculture and Food if a detailed response to correspondence, details supplied, will be furnished; and if she will make a statement on the matter. [15340/06]

I have reviewed the correspondence in this case. I appreciate that the issues involved have caused some considerable distress to the persons named above. Officials in my Department have considered this case on a number of occasions and have advised the persons named that my Department cannot intervene in the case as the difficulties that arose are a private law matter between the lessor and the lessee, the persons named above. The lease involved was terminated following a court order sought by and granted to the lessor. It was presumably open to the persons named to appeal this order if they so wished. My Department has no choice but to abide by the court order until such time as it is altered or the case appealed. A detailed reply was issued to the persons named last December.

Grant Payments.

Denis Naughten

Ceist:

602 Mr. Naughten asked the Minister for Agriculture and Food when she intends to issue the outstanding decisions under the national reserve; the number of applicants awaiting a decision; the number with outstanding queries; and if she will make a statement on the matter. [15341/06]

The position is that some 17,500 farmers submitted applications to the national reserve but when account is taken of the number of farmers who applied under two or more categories, over 23,000 files have to be processed. Following the first trance of allocations, 4,979 letters detailing allocations and 6,502 rejection letters have issued. Processing of applications is continuing and allocations will be made, where appropriate, over the coming weeks.

John Perry

Ceist:

603 Mr. Perry asked the Minister for Agriculture and Food when the 2005 single payment will be issued to a person, details supplied, in County Sligo; if she will ensure that the lodged documentations will be processed; and if she will make a statement on the matter. [15346/06]

The person named submitted an application for the transfer of entitlements by way of inheritance under the single payment scheme. Following the initial processing of her application, she was requested on 13 April 2006 to have her daughters indemnify themselves from the payment. Upon receipt of the completed indemnity forms, my Department will make a decision on the application.

John Perry

Ceist:

604 Mr. Perry asked the Minister for Agriculture and Food the reason a person, details supplied, in County Sligo has been penalised on their 2005 single farm payment and area based compensation allowance; if her attention has been drawn to the fact that the landowner has advised that they have not had farming activity on the land in question; the avenues open to appeal; and if she will make a statement on the matter. [15351/06]

An application under the disadvantaged areas scheme and single payment scheme was received from the person named on 4 May 2005. Following computer validation, it emerged that one parcel which had been included by the person named on his application had also been included on the application of another scheme applicant.

The person named was written to on 19 October 2005 and asked to confirm his entitlement to the parcel in question or otherwise. The person named was advised that, if he was claiming the parcel in question, he was obliged to provide Land Registry deeds or a copy of a lease or rental agreement that clearly shows entitlement to this parcel.

As no such documentation was received from the person named, he was deemed not to have entitlement to the land in question and the case was therefore processed for payment, following application of the regulatory reduction penalty, as per the terms and conditions of both schemes. Should he wish to do so, the person named can seek a review of this decision by contacting the single payment unit in Portlaoise, in writing, outlining clearly the basis of his appeal.

John Perry

Ceist:

605 Mr. Perry asked the Minister for Agriculture and Food the reason a person, details supplied, has not received a single payment; the amount that will be issued; when payment will be released; and if she will make a statement on the matter. [15353/06]

The person named submitted an application for the transfer of entitlements by way of inheritance under the single payment scheme. Following processing of that application, the person named was notified on 20 January 2006 of the decision, that as the lands were leased, the entitlements could not be transferred by way of gift or inheritance. An application form for the transfer of entitlements by way of private contract clause was forwarded to the person named for completion. The application has been returned and is being examined. Once a decision has been made, the applicant will be immediately notified.

John Perry

Ceist:

606 Mr. Perry asked the Minister for Agriculture and Food her plans to increase forestry premiums for persons that entered the scheme in 1989 as no increase has been granted; and if she will make a statement on the matter. [15360/06]

I am currently examining the appropriate level of forestry premium, in the context of the overall package of incentives which are available from my Department.

Jimmy Deenihan

Ceist:

607 Mr. Deenihan asked the Minister for Agriculture and Food when a single farm payment will be made available to a person, details supplied, in County Kerry; and if she will make a statement on the matter. [15365/06]

The person named submitted an application under the force majeure measure of the single payment scheme on 6 February 2004. Having examined the circumstances and documentation submitted by him, it was deemed that his application did not satisfy the criteria laid down in Article 40 of Council Regulation EC No. 1782/2003, determining force majeure-exceptional circumstances. He was not an applicant under the premia and arable aid schemes during the reference period 2000-02 or the earlier reference period 1997-99. The herdowner was notified of this decision on 24 August 2004.

The person named submitted an application for an allocation of entitlements from the single payment scheme national reserve under category A, which caters for farmers who inherited land or received land free of charge or for a nominal sum from a farmer who had retired or died by 16 May 2005 and who had leased out his or her holding to a third party during the reference period 2000-02.

A formal letter outlining my Department's decision in respect of the national reserve has issued to the person named. If he is dissatisfied with this decision, he now has the opportunity to appeal the decision to the independent appeals committee. An appeals application form is available from any of my Department's offices or on the Department website at www.agriculture.gov.ie.

Michael Ring

Ceist:

608 Mr. Ring asked the Minister for Agriculture and Food the reason persons, details supplied, in County Mayo were refused additional entitlements in view of the fact that they have increased their production over the years. [15386/06]

The persons named submitted an application for consideration of their circumstances under the force majeure-exceptional circumstances measure of the single payment scheme. Following careful examination of all aspects of this case, it was deemed that the circumstances did not satisfy the criteria laid down in Article 40 of Council Regulation EC No 1782/2003, determining force majeure-exceptional circumstances. A subsequent appeal of this decision to the independent single payment appeals committee was also unsuccessful. The persons named then requested a re-examination of their case by the Office of the Ombudsman and this re-examination is currently ongoing.

The persons named submitted an application for an allocation of entitlements from the single payment scheme national reserve under category B, which caters for farmers who, between 1 January 2000 and 19 October 2003, made an investment in production capacity in a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000-02. Investments can include purchase or long term lease of land, purchase of suckler and-or ewe quota or other investments.

A formal letter outlining my Department's decision on the national reserve application has issued to the persons named. If they are dissatisfied with this decision, they now have the opportunity to appeal the decision to the independent appeals committee. An appeals application form is available from any of my Department's offices or on the Department website at www.agriculture.gov.ie.

Tom Hayes

Ceist:

609 Mr. Hayes asked the Minister for Agriculture and Food when final payment will issue to a person, details supplied, in County Tipperary under the single payment scheme. [15388/06]

The person named submitted an application under the single payment scheme on 4 May 2005. While the herd number quoted had established 102.97 entitlements, payment in the amount of €6,989.15 in respect of only 65.85 entitlements issued on 22 December 2005. This reflected the total forage area of 65.85 hectares entered on his 2005 single payment application.

The person named submitted an application on 30 December 2005 to consolidate his entitlements under the consolidation measure of the single payment scheme. This application has been processed and is eligible for consolidation. However, only 26.25 hectares of the 37.12 hectare shortfall can be accounted for as land farmed during the reference period and now no longer available due to an expired rental agreement. A letter issued to the person named on 3 March 2006 explaining the position and requesting him to confirm whether or not he wishes to proceed with his consolidation application. This confirmation is necessary because if the consolidation application proceeds, 10.87 hectares of consolidated entitlements in respect of lands not declared on the 2005 single payment application will immediately revert to the national reserve. The single payment will issue to the person named when the completed confirmation form is returned to my Department.

Pat Breen

Ceist:

610 Mr. P. Breen asked the Minister for Agriculture and Food the reason a person, details supplied, in County Clare has not received their single payment; and if she will make a statement on the matter. [15410/06]

The person named submitted an application under the force majeure measure of the single payment scheme on 6 February 2004. Having examined the circumstances and documentation submitted, it was deemed that the application was successful and satisfied the criteria laid down in Article 40 of Council Regulation EC No. 1782/2003, determining force majeure-exceptional circumstances. The best possible option under the force majeure measure was applied in respect of the single payment entitlements for the person named. However, he was advised that there were no circumstances under the force majeure measure that provided for the allocation of additional entitlements regardless of the circumstances. He was further advised to consider submitting an application under the national reserve scheme.

Subsequently, the person named submitted an application for an allocation of entitlements from the 2005 single payment scheme national reserve under categories B and C. Category B caters for farmers who, between 1 January 2000 and 19 October 2003, made an investment in production capacity in a farming sector for which a direct payment under livestock premia and-or arable aid schemes would have been payable during the reference period 2000 to 2002. Category C which caters for farmers who, between 1 January 2000 and 19 October 2003, participated in the milk quota restructuring scheme and who converted to a farming sector for which a direct payment under the livestock and-or arable aid premium schemes would have been payable during the period 2000-02. It should be noted however that the rules governing the single payment scheme stipulate that an applicant who is found to be eligible under more than one category in the reserve may only receive an allocation of entitlements under whichever category is most beneficial to him/her.

A formal letter setting out my Department's decision has issued to the person named. However should he be dissatisfied with my Department's decision, he has the opportunity to appeal this decision to the independent payment appeals committee. An appeals application form is available from any of my Department's offices or on the Department website at www.agriculture.gov.ie.

Departmental Expenditure.

Ruairí Quinn

Ceist:

611 Mr. Quinn asked the Minister for Agriculture and Food if her Department has sought legal advice from outside legal advisers and the fees paid to each such legal advisers in 2004 and 2005. [15773/06]

On occasion and with the consent of the Office of the Attorney General, outside legal advisers have been engaged by my Department for the provision of specific legal advice. The details for 2004 and 2005 are as set out in the following table.

Year

Company

Fees paid

2004

Matheson Ormsby Prentice Solicitors

52,583.81

2005

Matheson Ormsby Prentice Solicitors

16,156.92

Ruairí Quinn

Ceist:

612 Mr. Quinn asked the Minister for Agriculture and Food the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of her Department. [15787/06]

The recruitment of staff, including legal advisers and other qualified legal personnel, by the State bodies under the aegis of my Department is an operational matter for the bodies concerned. While I retain responsibility for policy issues, I am not responsible for the day-to-day operational activities of these bodies which are statutorily independent. However, I am informed by the bodies concerned that there are no legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of my Department.

Departmental Staff.

Ruairí Quinn

Ceist:

613 Mr. Quinn asked the Minister for Agriculture and Food if her Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the law offices of the State, 1997, that legal advice should be given to the Government only by the Attorney General and his office. [15801/06]

My Department has a legal services division with three solicitors, which liaises with the Office of the Attorney General in respect of the provision of legal advice to my Department, as circumstances require. These officials are Randall Plunkett, Jimmy Winston and Denis Fitzsimons. My Department does not have external legal advisers engaged by way of contract for the provision of ongoing legal advice.

Garda Operations.

Richard Bruton

Ceist:

614 Mr. Bruton asked the Minister for Justice, Equality and Law Reform his views regarding the possibility of establishing a transport police, possibly under the new Garda reserve, to take responsibility for the patrolling and securing of public safety on Luas, DART and Dublin Bus; his further views on establishing same on a pilot basis in the Dublin area first; and if he will make a statement on the matter. [14253/06]

The Garda Commissioner, in a comprehensive submission to me on the Garda reserve, has proposed that the powers of reserve members will be confined to the enforcement of certain aspects of the following Acts: under the Road Traffic Acts — demanding driving licences and insurance details, enforcing the wearing of seat belts, etc.; under the Public Order Act — dealing with the offences of intoxication, threatening behaviour, disorderly conduct and failure to comply with the direction of a member of the Garda Síochána; and under the Criminal Justice (Theft and Fraud Offences) Act — dealing with the offences of theft and burglary. Reserve members would also be given the power of arrest under the Criminal Law Act 1997, which provides powers of arrest for both members of the Garda Síochána and civilians.

The additional resource of a well-trained Garda reserve with carefully selected powers and duties will very significantly increase the capacity of the Garda Síochána to combat crime and disorder and provide the public with the security and safety it rightly demands. As regards the role of reserve members of the Garda Síochána in the establishment of a transport police, the position is that under section 15 of the Garda Síochána Act 2005, which provides for the establishment of a Garda reserve, the powers and duties of reserve members may be determined by the Garda Commissioner. I am informed by the Garda authorities that currently there are no proposals to establish a transport police under the new Garda reserve.

Road Traffic Offences.

Richard Bruton

Ceist:

615 Mr. Bruton asked the Minister for Justice, Equality and Law Reform the resources which are planned for the first three months to ensure that high enforcement accompanies public awareness of the new penalty points offences. [14453/06]

The National Safety Council, NSC, as the agency mandated with responsibility for road safety education and information, operates a dedicated penalty point website, www.penaltypoints.ie. I understand that the website has recently been redesigned-updated in the context of the extension of the penalty point system.

In addition, the NSC ran a public education-awareness campaign about the new penalty points offences, which took place from the end of March in the lead up to the 3 April 2006 date for the extension of the penalty points system. The campaign included newspaper advertisements outlining the details of the new offences.

Furthermore, the council are continuing to operate the penalty point advertising campaign "Get the Point, Not the Points" on television, radio and on the road network in order to promote awareness among road users of the penalty point system.

Asylum Applications.

Eamon Gilmore

Ceist:

616 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the steps he intends to take to record and release figures regarding the number of girls and women denied asylum who have experienced gender-related persecution. [15121/06]

Eamon Gilmore

Ceist:

717 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the steps he intends to take to make the asylum process more transparent and accountable and in particular to record and release figures regarding the number of girls and women denied asylum who have experienced gender-related persecution. [15125/06]

I propose to take Questions Nos. 616 and 717 together.

As the Deputy is aware, there is a transparent statutory framework governing the asylum determination process in Ireland set out in the Refugee Act 1996. The 1996 Act established two independent statutory offices to consider applications and appeals in respect of refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. These offices are the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal. The asylum process now in place in this State is comprehensive and compares well with other industrialised countries. Indeed this fact was recently acknowledged by a former UNHCR representative to Ireland who is quoted as stating that Ireland is now a model for the new member states of the European Union and that "we now have a system which, in many respects, is one of the best in Europe".

The processing of asylum applications within the framework of the Refugee Act 1996, in particular, has due regard to the definition of a "refugee" in section 2 of that Act, which states that a "refugee" is:

a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it.

Every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Refugee Applications Commissioner. Each application is assessed on the basis of the circumstances of the individual case and having regard to both the subjective elements, the applicant's own account or personal history, and objective elements, up to date information on the applicant's country or place of origin. This country of origin information comes from a wide variety of sources, including organisations such as the UNHCR, Amnesty International, Human Rights Watch, the UK Home Office, the Canadian International Refugee Board, the US State Department and other EU member states, as well as media and Internet sources.

Our system also guarantees every asylum applicant a right of appeal to a statutorily independent and separate body — the Refugee Appeals Tribunal. Every asylum applicant is also guaranteed access to legal assistance provided by the Refugee Legal Service. The Deputy should also be aware that the UNHCR is given full access to our refugee determination process and can examine any case at any time to ensure fair procedures and compliance with our Geneva Convention obligations.

In answer to the Deputy's question about figures relating to the number of girls and women who may cite gender-related persecution in respect of their asylum application, I am advised that the current management information systems in operation in the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal do not provide for the compilation of statistics in respect of the different types of persecution. However, work is now ongoing on the development of a comprehensive management and statistical information system for both organisations as part of the development of a new computer system for the asylum and immigration process generally. When this system is in place in 2007, it should be possible to generate the type of information requested by the Deputy.

I would also point out that all staff working in the asylum area, including reception and interviewing personnel, have completed appropriate training courses and have received and continue to receive on an ongoing basis "on the job" experience and training in respect of interviews, assessment, decision making, asylum procedures and appeals. These training programmes have been agreed with the UNHCR and delivered by a combination of experienced personnel, including UNHCR training specialists, as well as asylum experts from other countries and other agencies with the specialist skills required. The training provided includes procedures to be followed when dealing with sensitive matters such as gender issues and victims of trauma and violence. I am confident, accordingly, that asylum applications from vulnerable people are dealt with appropriately and sensitively by properly trained and resourced staff.

Eamon Gilmore

Ceist:

617 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the steps he intends to take to ensure that asylum seeking girls and women at risk of violence in their home country are not forcibly returned to their home country. [15122/06]

Eamon Gilmore

Ceist:

718 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the changes he intends to make to the asylum process in order that girls and women at risk of violence in their home country are not forcibly returned to their home country. [15126/06]

I propose to take Questions Nos. 617 and 718 together.

As the Deputy is aware, there is a statutory framework in place, as set out in the Refugee Act 1996, as amended, governing the asylum determination process in Ireland. This Act, inter alia, provided for the establishment of two statutory independent offices to consider asylum applications and appeals and to make recommendations to the Minister for Justice, Equality and Law Reform on whether refugee status should be granted or refused in each individual case. These offices are the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal.

The processing of applications within the framework of the Act referred to has due regard for the definition of a "refugee" as set out in section 2 of that Act, which states that a "refugee" is:

a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it.

Every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Refugee Applications Commissioner. Each asylum application is assessed on the basis of the circumstances of the individual case, which includes consideration of the risk of gender-based persecution where this is advanced as part of an applicant's claims. Due regard is also given to the subjective elements, that is, the applicant's own account or personal history and the objective elements, that is, up to date information on the applicant's country or place of origin of the applicant's claims. This country of origin information comes from a wide variety of sources, including the UNHCR, Amnesty International, Human Rights Watch, UK Home Office reports, the Canadian International Refugee Board, US State Department reports, other EU member states, media and Internet sources and any other available reputable information sources.

The Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal also consider the well-foundedness of each individual applicant's claims, that is, whether there are sufficient facts to support a finding that, if returned to his or her country of origin, an applicant would face a serious risk of persecution. The credibility of an applicant's claims is also central to assessing any application and it falls to the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal to determine whether an applicant's account is credible and whether he or she has a well-founded fear of persecution for one of the reasons set out in the 1951 Geneva Convention relating to the status of refugees, that is, on account of the person's race, religion, nationality, membership of a particular social group or political opinion.

Issues of relevance in assessing credibility would include contradictions or inconsistencies, the plausibility of the applicant's claims and the level of detail in the claims made. A negative finding as to overall credibility will generally lead to a conclusion that the applicant does not meet the criteria for recognition as a refugee.

This State's refugee status determination system also guarantees every asylum applicant a right of appeal to a statutorily independent and separate body, namely the Refugee Appeals Tribunal. Every asylum applicant is also guaranteed access to legal assistance provided by the Refugee Legal Service or through a private legal representative, if preferred.

The Deputy should also note that the UNHCR, the internationally recognised experts in the refugee determination area, is given full access to the State's refugee status determination processes and can examine any case at any time to ensure fair procedures and compliance with our Geneva Convention obligations.

Furthermore, in determining whether to make a deportation order or grant temporary leave to remain in the State to a failed asylum applicant, I must have regard for the eleven factors set out in section 3(6) of the Immigration Act 1999, as amended. I must also have regard for the provisions of section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement before signing a deportation order. This means in essence that the safety of returning a person to their country of origin, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order. The term refoulement means that a person shall not be expelled from the State or returned in any manner whatsoever to a state where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. My Department uses extensive country of origin information drawn from different independent sources, including the UNHCR, in evaluating, in each individual case, the safety of making returns to third countries. The effect of a deportation order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of deportation orders is an operational matter for the Garda National Immigration Bureau.

In light of the comprehensive nature of this State's refugee status determination processes, I am satisfied that the asylum claims advanced by asylum seeking girls and women at risk of violence in their home countries are fully examined in every individual case, having due regard for the merits of each specific case. Equally, I am satisfied that the provisions of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended, provide safeguards to ensure that persons at risk of violence, including girls and women, are not returned to their countries of origin where such a risk is found to exist.

Paternity Leave.

Bernard J. Durkan

Ceist:

618 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the entitlements in respect of paternity leave; if consideration can or will be taken to amend or increase same in line with current maternity leave entitlements; and if he will make a statement on the matter. [15233/06]

There is currently no statutory entitlement to paternity leave. However, many employers in both the public and private sectors have arrangements in place providing short periods of paid paternity leave. Paternity leave was considered in the context of a review of the Parental Leave Act 1998 conducted by a working group chaired by my Department. The working group comprised the social partners, relevant Departments and the Equality Authority. The report of the working group on the review of the Parental Leave Act 1998 was published on 29 April 2002 and is available on my Department's website, www.justice.ie, and in the Oireachtas Library.

In considering the matter, the working group took into account the reconciliation of work and family life and balanced participation of men and women in work and family life, the cost to employers and the comparative situation in EU member states. While acknowledging that a statutory arrangement to provide an entitlement to time off for fathers at the time of childbirth would enhance arrangements for the reconciliation of work and family life, the working group could not reach consensus on the issue.

Subsequently, no agreement was reached on paternity leave by the social partners in the context of the negotiations on the Sustaining Progress partnership agreement. There are no plans at present to introduce a statutory entitlement to paternity leave.

Domestic Partnerships.

Michael Ring

Ceist:

619 Mr. Ring asked the Minister for Justice, Equality and Law Reform if submissions sent in previously for the All-Party Oireachtas Committee report on the Constitution regarding the family will be taken into consideration by the working group on domestic partnership. [15284/06]

Michael Ring

Ceist:

620 Mr. Ring asked the Minister for Justice, Equality and Law Reform if he will extend the date for submissions to the working group on domestic partnership. [15285/06]

I propose to take Questions Nos. 619 and 620 together.

The Deputy will appreciate that the manner of operation of the working group on domestic partnership is a matter for itself under its terms of reference which charge the group with preparing an options paper on domestic partnership for presentation to me on 20 October 2006.

The terms of reference are to consider the categories of partnerships and relationships outside of marriage to which legal effect and recognition might be accorded, consistent with constitutional provisions, and to identify options as to how and to what extent legal recognition could be given to those alternative forms of partnership entered into outside the State. The group is to take into account models in place in other countries.

However, I can say that the working group will obviously be taking into account, among other matters, the report of the All-Party Oireachtas Committee on the Constitution on the family which has scheduled to it the text of submissions made to the committee by various organisations, groups and individuals. The group will therefore have ready access to these submissions should it wish to avail of them.

The deadline of 28 April 2006 for receipt of submissions was set by the group and, again, it is for the group to decide whether any extension of that deadline will be allowed. The group's terms of reference and contact details for its secretariat are available on my Department's website at www.justice.ie.

Garda Training.

Eamon Ryan

Ceist:

621 Mr. Eamon Ryan asked the Minister for Justice, Equality and Law Reform if all members of the traffic corps have undergone the Garda advanced driver training course; if not, the number who have yet to do so; and the timescale for them to receive this training. [15314/06]

I am informed by the Garda authorities that all members of the Garda traffic corps have successfully completed the standard garda driving course, which is the level of training required for members assigned to the traffic corps. I am further informed that driver training programmes and training needs are continually revised and updated to reflect best international practice.

Garda Stations.

Richard Bruton

Ceist:

622 Mr. Bruton asked the Minister for Justice, Equality and Law Reform if he will confirm that 15 members of the Garda Síochána sought transfers from a station, details supplied, in the latter part of 2005; if all of the positions left vacant have been filled; and if he will make a statement on the matter. [14248/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength, all ranks, of the Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702, all ranks, as at 30 June 1997 and represents an increase of 1,737 or 16.2% in the personnel strength of the force during that period.

I am further advised that the personnel strength, all ranks, of Tallaght Garda station as at 31 March 2006 was 170. This compares with an equivalent figure of 133 as at 31 December 1997, and represents an increase of 37 or 27.8% in that period.

Garda management advise that the number of members who sought transfers from Tallaght Garda station in 2005 and whose transfer requests have not yet been acceded to is five. A total of 21 gardaí, all at Garda rank, were transferred out of Tallaght Garda station in 2005. These gardaí were either appointed to a national unit, following successful participation in a competition, or facilitated with a transfer to another Garda station. A total of 19 probationer gardaí were allocated directly from the Garda College to the station and one garda transferred into the station.

I should also say that the timescale for achieving the target strength of 14,000 members of the Garda Síochána in line with the commitment in the agreed programme for Government remains as when I announced the Government approval in October 2004 for my proposals to achieve this objective. The phased increase in the strength of the Garda Síochána to 14,000 will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of this year. This project is fully on target and will be achieved.

As part of the accelerated recruitment campaign to facilitate this record expansion, 1,125 Garda recruits were inducted to the Garda College during 2005. The college will induct a further 1,100 recruits this year and again in 2007 by way of intakes to the Garda College of approximately 275 recruits every quarter. The first incremental increase of newly attested gardaí under the programme of accelerated recruitment took place on 15 March 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 Tallaght Garda station will be given the fullest consideration.

Olivia Mitchell

Ceist:

623 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform the decision he has made on foot of the recommendations he received in respect of the night closure of certain Garda stations. [14249/06]

I have not received any recommendations in respect of the night closure of certain Garda stations, however, I have been informed by the Garda authorities that a review group was tasked with conducting an impact assessment of the possible closure-reduced opening-amalgamation of Garda stations in the Dublin metropolitan region. I understand that this report has been completed and is currently with senior management for consideration. The issue of reducing opening hours is a matter for local Garda management while any proposal to cease stationing members in a Garda station must be included in a draft annual policing plan in accordance with section 22 of the Garda Síochána Act 2005.

Visa Applications.

Michael Ring

Ceist:

624 Mr. Ring asked the Minister for Justice, Equality and Law Reform when two visa applications will be issued for persons, details supplied. [14250/06]

The applications referred to by the Deputy were received in the visa office in New Delhi on 21 February 2006. I am pleased to inform the Deputy that the visa applications in question were approved on 6 April 2006.

Citizenship Applications.

M. J. Nolan

Ceist:

625 Mr. Nolan asked the Minister for Justice, Equality and Law Reform when a person, details supplied, in County Carlow will have their naturalisation application finalised. [14251/06]

An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the citizenship section of my Department on 14 May 2004.

I am advised by my officials that processing of the application of the person concerned is due to commence in the near future. As soon as full consideration has been given to this application, I will advise both the Deputy and the applicant of my decision.

M. J. Nolan

Ceist:

626 Mr. Nolan asked the Minister for Justice, Equality and Law Reform when a person, details supplied, in County Carlow will have their naturalisation application finalised. [14252/06]

An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the citizenship section of my Department on 14 May 2004.

I am advised by my officials that processing of the application of the person concerned is due to commence in the near future. As soon as full consideration has been given to this application, I will advise both the Deputy and the applicant of my decision.

Garda Deployment.

John Gormley

Ceist:

627 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the increasing break-ins around the Exchequer Street area; if the culprits have been arrested; the action he intends to take regarding increasing the Garda presence in the area; and if he will make a statement on the matter. [14299/06]

I am informed by the Garda authorities that a number of burglaries have occurred in the area referred to by the Deputy and are being investigated by the gardaí at Pearse Street Garda station. Local Garda management is satisfied with the current level of policing in the area, which includes patrolling by uniformed and detective gardaí supplemented by the divisional crime task force, the traffic corps, the Garda drug unit, the special resource unit, the Garda mountain bike unit and the community policing units.

I have been further informed that the personnel strength of Pearse Street Garda station as at 30 June 2002 was 212, all ranks. The personnel strength of Pearse Street Garda station as at 31 March 2006 was 250, all ranks. This represents an increase of 38 or 18% in the number of gardaí, all ranks, allocated to Pearse Street Garda station during that period.

Garda personnel assigned to the area, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that the best possible use is made of existing Garda resources and that the best possible service is provided to the public.

Garda Strength.

John Gormley

Ceist:

628 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the figures for the number of Gardaí on the beat during the day and during the evening and nights in the Dublin 4 area; the same figures for Fridays, Saturdays and Sundays; and if he will make a statement on the matter. [14300/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength, all ranks, of the Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702, all ranks, as at 30 June 1997 and represents an increase of 1,737 or 16.2% in the personnel strength of the force during that period.

I am advised by the Garda authorities that the Dublin 4 area is policed by gardaí attached to the Dublin metropolitan region south central division. The personnel strength of the Dublin metropolitan region south central division as at 31 March 2006 was 711, all ranks. This represents am increase of 73 or over 11% since I took up office in June 2002.

I am further advised that the Garda Síochána operate a three-relief roster system where three out of four units work in any 24-hour period, with the fourth unit resting in the same 24-hour period. For security and operational reasons, it is not policy to disclose the number of gardaí on duty in any area at any given time.

I should also say that the timescale for achieving the target strength of 14,000 members of the Garda Síochána in line with the commitment in the agreed programme for Government remains as when I announced the Government approval in October 2004 for my proposals to achieve this objective. The phased increase in the strength of the Garda Síochána to 14,000 will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of this year. This project is fully on target and will be achieved.

As part of the accelerated recruitment campaign to facilitate this record expansion, 1,125 Garda recruits were inducted to the Garda College during 2005. The college will induct a further 1,100 recruits this year and again in 2007, by way of intakes to the Garda College of approximately 275 recruits every quarter. The first incremental increase of newly attested gardaí under the programme of accelerated recruitment took place on 15 March 2006. The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources.

John Gormley

Ceist:

629 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the figures for the number of gardaí on the beat during the day and during the evening and nights in the Dublin 6 area; the same figures for Fridays, Saturdays and Sundays; and if he will make a statement on the matter. [14301/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength, all ranks, of the Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702, all ranks, as at 30 June 1997 and represents an increase of 1,737 or 16.2% in the personnel strength of the force during that period.

The Dublin 6 area is policed by gardaí attached to the Dublin metropolitan region south division. I am advised by the Garda authorities that the personnel strength of the Dublin metropolitan region south division as at 31 March 2006 was 566, all ranks. This represents an increase of 42, or 8% since I took up office in June 2002.

I am further advised that the Garda Síochána operate a three-relief roster system whereby three out of four units work in any 24-hour period, with the fourth unit resting in the same 24-hour period. For security and operational reasons, it is not policy to disclose the number of gardaí on duty in any area at any given time.

I should also say that the timescale for achieving the target strength of 14,000 members of the Garda Síochána in line with the commitment in the agreed programme for Government remains as when I announced the Government approval in October 2004 for my proposals to achieve this objective. The phased increase in the strength of the Garda Síochána to 14,000 will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of this year. This project is fully on target and will be achieved.

As part of the accelerated recruitment campaign to facilitate this record expansion, 1,125 Garda recruits were inducted to the Garda College during 2005. The college will induct a further 1,100 recruits this year and again in 2007, by way of intakes to the Garda College of approximately 275 recruits every quarter. The first incremental increase of newly attested gardaí under the programme of accelerated recruitment took place on 15 March 2006. The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources.

Garda Communications.

Máire Hoctor

Ceist:

630 Ms Hoctor asked the Minister for Justice, Equality and Law Reform the stage at which the development and provision of digital radio services for the emergency services are now at; and if he will make a statement on the matter. [14342/06]

The procurement of a managed digital radio service is being undertaken by the Department of Finance on behalf of the Garda Síochána, other blue light services and some non-commercial public bodies. An EU-based restricted tender procedure is currently underway and the first stage of short-listing suppliers has been completed. It is planned that tender documents will be issued to these suppliers in the coming weeks. While the exact timeframe for rollout will be subject to contract negotiations with the successful bidder, the implementation of the new service is planned to commence later this year.

Anti-Racism Measures.

Michael D. Higgins

Ceist:

631 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform his views on the implications of the findings of the Breaking Down Barriers report recently commissioned by Amnesty International specifically with regard to the view expressed in the aftermath of the report’s being published that Ireland was in the dark ages in respect of its treatment of racism; and if he will make a statement on the matter. [14386/06]

I can assure the Deputy that the Government takes very seriously its role in the development of a caring, tolerant and fair society through the implementation of appropriate policies. With regard to combating racism and managing diversity, this Government has already set out its policy in the national action plan against racism, NPAR.

The NPAR is a comprehensive statement of the Government's anti-racism and diversity policy. It recognises that racism can take many and overlapping forms and specifically identifies institutional or systemic racism as one such form. It underpins the existing legislative and administrative framework on equality matters. The basis for implementation is a whole of Government approach — mainstreaming intercultural policy developments across a range of activity — and identifying five key objectives of protection, economic and social inclusion, service provision, recognition and participation. Hardly a week goes by without the commencement of an initiative associated with the plan as dynamically steered by the chair of the steering group, Lucy Gaffney.

I might add that, in telling contrast to the report to which the Deputy refers, the NPAR is the result of an extensive consultation process overseen by a national steering group, which included social partner organisations, Government Departments, specialised and expert bodies and a wide range of civil society groups working with cultural and ethnic minorities. The implementation of the NPAR is being monitored by a strategic group representative of these very same stakeholders.

Given these developments, I totally reject the comments referred to by the Deputy that Ireland is in the dark ages in respect of its treatment of racism. I respectfully suggest that the only one in the dark ages is the author of those comments. Certainly, no credible commentator on the Irish situation would have made such a statement. It is not, as far as I am aware, something which appears in the report itself.

Indeed, the UN Committee for the Convention on the Elimination of All Forms of Racial Discrimination, UNCERD, in its concluding observations on Ireland's first and second report on the implementation of that convention welcomed, in particular, the launch of the NPAR; the establishment of several independent institutions with competence in the field of human rights and racial discrimination; Ireland's comprehensive legislative framework in the anti-discrimination area; and the wide-ranging consultations with civil society groups in the preparation of Ireland's first and second national report to the UNCERD committee and noted the positive working relations that exist between Government, independent national bodies established in the human rights and anti-discrimination area and civil society groups.

Ireland is one of the few countries to have produced a national action plan against racism. The European monitoring centre against racism and xenophobia regards Ireland as being one of only six member states which maintained a comprehensive system that adequately reveals the extent and nature of racist violence in their society.

I take issue with many of the conclusions of the Breaking Down Barriers report. Many of the recommendations in the report are already comprehensively addressed in the NPAR. As always, my Department is happy to consider new ideas in respect of tackling racism and building an inclusive society, issues which are of the highest priority for the Government.

Road Traffic Offences.

Finian McGrath

Ceist:

632 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the reason the law is not being implemented in respect of the parking of trucks on Griffith Avenue, Dublin 9, details supplied; the revving of engines at 4.00 a.m.; dangerous parking for residents, pedestrians, cyclists and motorists; and if this practice will be ended immediately. [14403/06]

I am informed by the Garda authorities that the gardaí in Clontarf are aware of the ongoing problem of illegal parking of heavy goods vehicles in the area referred to and, in conjunction with the divisional traffic corps, are in the process of identifying the owner or owners of these vehicles in order to interview them regarding this activity. Local Garda management will continue to monitor this situation and ensure that any breaches of the Road Traffic Acts are dealt with appropriately.

Visa Applications.

John Curran

Ceist:

633 Mr. Curran asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding a visa application for a person, details supplied. [14427/06]

The person in question is the subject of an application for family reunification which was made by his wife in July 2005. The application was forwarded to the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act 1996. When this investigation is completed, the commissioner will prepare and forward a report to my Department. Upon receipt of this report, the application will be considered and a decision will issue shortly thereafter.

Citizenship Applications.

John Curran

Ceist:

634 Mr. Curran asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application for naturalisation by a person, details supplied, in Dublin 22. [14428/06]

An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the citizenship section of my Department in March 2004. I am advised by my officials that processing of the application of the person concerned is almost complete and is due to be submitted to me for a decision in the near future. I will inform the Deputy and the applicant when the matter is finalised.

Drug Seizures.

Pat Breen

Ceist:

635 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform the number of drug seizures in County Clare in 2004, 2005 and each of the months of January, February and March of 2006; the number of people convicted for drug offences for 2004, 2005 and each of the months of January, February and March of 2006; and if he will make a statement on the matter. [14439/06]

Data provided by the Garda authorities concerning the number of drug samples submitted to the forensic science laboratory for testing from Clare Garda division for the period in question is summarised in the following tabular statement.

Year

Cases

2004

111

2005*

132

2006 — 1st quarter*

59

Data provided by the Garda authorities in respect of the number of convictions recorded for drug offences in the Clare Garda division during 2004, 2005 and the first quarter of 2006 is summarised in the following table.

Year

Cases

2004

87

2005*

37

2006 — 1st quarter*

1

* Figures for 2005 and 2006 are provisional.

Registration of Title.

Pat Breen

Ceist:

636 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform the status of an application in the Land Registry office for a person, details supplied, in County Clare; and if he will make a statement on the matter. [14440/06]

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

Legislative Terminology.

Pat Carey

Ceist:

637 Mr. Carey asked the Minister for Justice, Equality and Law Reform his views on removing the word non-national from the Immigration Act 1999, with a view to replacing it with a more appropriate term such as foreign national or immigrant; and if he will make a statement on the matter. [14452/06]

The question of the most appropriate terminology for classifying persons as not being of Irish nationality is one which I intend to consider in the context of the forthcoming Immigration and Residence Bill. The Deputy will be cognisant of the predicament and sensitivities of categorising a cohort of people by virtue of what they are not, that is, citizens of Ireland. The Deputy will also be aware of the problem that alternative phrases which may be acceptable at present could also be viewed, in time, as pejorative terms which are inconsistent with the spirit of inclusiveness and tolerance which we wish our immigration system to reflect.

Irish Language.

Dinny McGinley

Ceist:

638 D'fhiafraigh Mr. McGinley den Aire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí i bhfianaise cheart bunreachtúil an tsaoránaigh plé leis an nGarda Síochána as Gaeilge agus i bhfianaise na hoiliúna cuimsithí Gaeilge a chuirtear ar gach earcach sa Teampall Mór, cén traenáil agus cumasú Gaeilge atá i gceist ag an Aire a chinntiú do chomhaltaí fhórsa cúltaca an Gharda Síochána sula scaoilfear i mbun dualgais i measc an phobail iad. [14454/06]

In aighneacht chuimsitheach chugamsa ar Chúltaca an Gharda Síochána, tá molta ag Coimisinéir an Gharda Síochána, inter alia, gur cheart go mbeadh riachtanais iontrála do chomhaltaí de Chúltaca molta an Gharda Síochána ar aon dul leis na riachtanais do chomhaltaí lánaimseartha den Gharda Síochána. Ciallaíonn sé sin go mbeidh ar chomhaltaí cúltaca, cosúil le comhaltaí lánaimseartha, cáilíocht a theachtadh go dtí an caighdeán is gá i nGaeilge nó i mBéarla agus i dteanga amháin eile.

Beidh an oiliúint do chomhaltaí cúltaca chomh hard leis na cleachtais idirnáisiúnta is fearr do phóilíní cúltaca, ach gan amhras ní féidir leis an oiliúint sin bheith ina macasamhail den oiliúint chuimsitheach 2 bhliain a thugtar d'earcaigh lánaimseartha sa Gharda Síochána, ná níl sí beartaithe bheith ina macasamhail di.

Ní mholann an Coimisinéir, mar sin, teagasc in úsáid na Gaeilge a thabhairt isteach mar chuid den chúrsa oiliúna do Chúltaca an Gharda Síochána, ach tá sé tábhachtach a thabhairt do d'aire go ndéanfaidh comhaltaí lánaimseartha den Gharda Síochána comhaltaí cúltaca a thionlacan ar dualgas.

Táim i gcomhairle le comhlachais na nGardaí faoi láthair maidir le mionsonraí an Chúltaca atá molta, agus tá ar intinn agam dréachtrialacháin a chur i láthair Chomhchoiste an Oireachtais um Dhlí agus Ceart, Comhionannas, Cosaint agus Cearta na mBan sa neastodhchaí.

Registration of Title.

Pat Breen

Ceist:

639 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform further to Question No. 1,173 of 25 January 2006, when an application for a person, details supplied, in County Clare will be processed; and if he will make a statement on the matter. [14472/06]

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

Irish Language.

Gerard Murphy

Ceist:

640 Mr. G. Murphy asked the Minister for Justice, Equality and Law Reform if the Solicitors Act 1954 will be amended to allow Irish citizens, who were granted an exemption from having to study Irish for either junior or leaving certificate examinations, an exemption from the Law Society and King's Inns requirement for an exam in Irish. [14488/06]

The Legal Practitioners (Qualification) Act 1929 and the Solicitors Act 1954 provide that persons admitted to practise as solicitors or barristers must possess a competent knowledge of the Irish language. There is no provision to waive this requirement for Irish citizens granted an exemption from studying Irish for either the junior or leaving certificate examinations. While I have no proposals at present to amend the law in this area, I am keeping its operation under review.

Official Engagements.

Bernard Allen

Ceist:

641 Mr. Allen asked the Minister for Justice, Equality and Law Reform the details of his travels abroad for the St. Patrick’s Day celebrations; the people who travelled with him in their official party; the duration of the visit; and the cost. [14506/06]

I can confirm to the Deputy that I travelled to London to participate in the St. Patrick's Day celebrations from 11 to 13 March 2006. I can assure the Deputy that I took full advantage of my trip to promote Ireland as an attractive tourism destination and to further strengthen the links with our emigrant community and promote business. My itinerary included attending the Mayor's St. Patrick's Day Dinner, attending the Council of Irish County Associations' St. Patrick's Day Mass, leading the St. Patrick's Parade, visiting the St. Patrick's Day festival exhibitions, a meeting with the British Lord Chancellor and a meeting with the British Home Secretary.

There were seven persons in total in the official party, which included myself and my spouse, the Secretary General of my Department, my programme delivery manager, press officer, private secretary and a senior official. The cost of the scheduled business flight was €1,915.50. The figures relating to the other costs incurred are not yet to hand.

Inquiries into Garda Activities.

Richard Bruton

Ceist:

642 Mr. Bruton asked the Minister for Justice, Equality and Law Reform if he has reviewed the circumstances of the death of a person, details supplied; and his views on whether further investigation of the matter is justified. [14511/06]

Seán Ardagh

Ceist:

649 Mr. Ardagh asked the Minister for Justice, Equality and Law Reform if he will examine the case of persons, details supplied, in Dublin 12; and if he will hold an independent inquiry into their death. [14555/06]

Mary Upton

Ceist:

665 Dr. Upton asked the Minister for Justice, Equality and Law Reform the investigations he intends to hold in respect of the death of a person, details supplied; and if he will make a statement on the matter. [14640/06]

I propose to take Questions Nos. 642, 649 and 665 together.

I refer the Deputies to my response to Question No. 409 of 6 July 2004. The position remains unchanged.

Asylum Applications.

Bernard J. Durkan

Ceist:

643 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when a decision will be made relating to an application to remain here by a person, details supplied, in County Kildare; and if he will make a statement on the matter. [14514/06]

I refer the Deputy to my reply to Question No. 323 of Thursday 6 April 2006. The position is unchanged.

Deportation Orders.

Bernard J. Durkan

Ceist:

644 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if the decision to deport will be deferred in the case of persons, details supplied, in County Meath; and if he will make a statement on the matter. [14515/06]

I refer the Deputy to my reply to Question No. 696 on Tuesday 21 March 2006. The position as outlined in that reply remains unchanged.

Road Traffic Offences.

Mary Upton

Ceist:

645 Dr. Upton asked the Minister for Justice, Equality and Law Reform the number of summonses involving road traffic act offences and illegal parking offences which were issued in each county in the past year for which statistics are currently available. [14533/06]

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

Garda Communications.

James Breen

Ceist:

646 Mr. J. Breen asked the Minister for Justice, Equality and Law Reform when the radio system that is obsolete will be replaced in the Garda barracks, Abbey Street, Ennis; and if he will make a statement on the matter. [14540/06]

The procurement of a managed digital radio service is being undertaken by the Department of Finance on behalf of the Garda Síochána, other blue light services and some non-commercial public bodies. An EU-based restricted tender procedure is currently underway.

The radio system in Ennis will be replaced by the new system. As the exact timeframe for rollout will be subject to contract negotiations with the successful bidder, it is not possible for the Garda authorities to be definitive about rollout schedules for the various Garda divisions. However, I can say it is planned that implementation of the radio service will commence later this year.

Garda Transport.

James Breen

Ceist:

647 Mr. J. Breen asked the Minister for Justice, Equality and Law Reform if the district Garda patrol cars will be upgraded from 1.4 litre engines to more powerful 1.8 litre types; and if he will make a statement on the matter. [14541/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources that, with the exception of Claremorris, there are no Garda district patrol cars of 1.4 litre capacity. The district of Claremorris currently has two 1.4 litre patrol cars. These cars are due to be replaced in the next year. A total of 65 out of 109 Garda districts have 1.8 litre cars. All remaining districts, excluding Claremorris, have 1.6 litre cars. I have been further informed that all these 1.6 litre cars will be replaced by 1.8 litre cars over the next 18 months. The 1.4 litre patrol cars are used for Garda sub-district patrols in outlying areas or otherwise used as back up for the Garda district patrol cars.

Garda Stations.

James Breen

Ceist:

648 Mr. J. Breen asked the Minister for Justice, Equality and Law Reform the reason he is refusing to implement a report, details supplied; and if he will make a statement on the matter. [14542/06]

I have been informed by the Garda authorities that the report referred to by the Deputy was commissioned by the Garda Representative Association. While Garda management was not involved in the compilation of this report, it facilitated access to the estate for the purpose of the report. I believe that the Garda Commissioner attaches the highest importance to health and safety in Garda stations and more generally throughout the force and I understand that there is in place a programme of ongoing proactive management of health and safety issues.

Question No. 649 answered with QuestionNo. 642.

Irish Language.

Olivia Mitchell

Ceist:

650 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform if the Road Traffic Acts are available in Irish; and if he will make a statement on the matter. [14557/06]

The Road Traffic Acts in the first instance are a matter for my colleague, the Minister for Transport. Rannóg an Aistriúcháin of the Office of the Houses of the Oireachtas is responsible for, inter alia, the translation of Acts into Irish.

Garda Deployment.

Olivia Mitchell

Ceist:

651 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform the number of additional gardaí who have been recruited into the traffic corps since the beginning of 2006; the number to be added to the corps in 2006; the number of gardaí within the traffic corps; the existing members and new recruits who have received specialist driving training and who have received advanced driver training; and if he will make a statement on the matter. [14565/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources including personnel, that the personnel strength of all ranks of An Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702 of all ranks as at 30 June 1997 and represents an increase of 1,737, 16.2%, in the personnel strength of the force during that period.

I have been further informed by the Garda authorities that the number of additional gardaí recruited into the Garda traffic corps since 1 January 2006 as at 24 April 2006 was 61 of all ranks, giving a total strength of 630 of all ranks on that date. It is anticipated that a total of 244 gardaí of all ranks will be allocated to the Garda traffic corps in 2006, bringing the total complement of the corps to 805 by the end of the year. Between now and 2008, the traffic corps will increase its numbers to a complement of 1,200. Garda management has been advised by the director of training and development that all existing members and new recruits to the Garda traffic corps have successfully completed the two week standard car driving course.

Garda personnel assignments throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and that the best possible Garda service is provided to the general public. I should also say that the timescale for achieving the target strength of 14,000 members of the Garda Síochána in line with the commitment in the agreed programme for Government remains as when I announced the Government's approval in October 2004 for my proposals to achieve this objective. The phased increase in the strength of An Garda Síochána to 14,000 will lead to a combined strength, of both attested gardaí and recruits in training of 14,000 by the end of this year. This project is fully on target and will be achieved.

As part of the accelerated recruitment campaign to facilitate this record expansion, 1,125 Garda recruits were inducted to the Garda College during 2005. The college will induct a further 1,100 recruits this year and again in 2007 by way of intakes to the Garda College of approximately 275 recruits every quarter. The first incremental increase of newly attested gardaí under the programme of accelerated recruitment took place on 15 March 2006.

Garda Equipment.

Olivia Mitchell

Ceist:

652 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform the number of gardaí who are trained in using breathalyser equipment in each Garda division nationwide; and if he will make a statement on the matter. [14567/06]

Olivia Mitchell

Ceist:

666 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform the number of gardaí trained in the use of the intoxiliser breathalyser machines in each Garda division; and if he will make a statement on the matter. [14663/06]

I propose to take Questions Nos. 652 and 666 together.

The Garda Commissioner is fully aware that I will continue to provide the necessary resources to An Garda Síochána, as requested by him, to enable them to carry out their duties in relation to our traffic laws.

I am informed by the Garda authorities that there are three types of breathalysers in use by An Garda Síochána — the blow-in-the-bag alcolyser, the alcometer, both of which are used for roadside breath testing, and the intoxilyser, which is installed in a number of Garda stations. The alcolyser and alcometer test for the presence of alcohol in the breath. The intoxilyser evidential breath testing instrument tests the driver's breath for the level of alcohol and eliminates the need for a doctor to take a blood or urine sample.

As at 5 April 2006, there are 2,160 members of the force trained in the use of the roadside breathalyser and 1,752 members trained in the use of the intoxilyser. I am further informed by the Garda authorities that training in the use of the roadside breathalyser and the intoxilyser continues on an ongoing basis. Training in the use of the roadside breathalyser forms part of the student training programme for all gardaí in Templemore. At present, there are 390 alcometers on issue to members in Garda district headquarters as well as the blow-in-the-bag type, which are on issue in every Garda station. The breakdown of alcometers per Garda district is set out in the following table:

District

Alcometers

Naas

6

Kildare

2

Carlow

5

Baltinglass

2

Monaghan

7

Bailieboro

2

Ballyconnell

2

Carrickmacross

1

Cavan

6

Ennis

6

Ennistymon

2

Killaloe

2

Kilrush

2

Anglesea Street

7

Gurranabraher

3

Mayfield

3

Togher

4

Fermoy

4

Cobh

2

Midleton

4

Mallow

2

Bandon

4

Bantry

1

Clonakilty

3

Kanturk

2

Macroom

1

Letterkenny

8

Buncrana

4

Ballyshannon

6

Milford

2

Glenties

1

Galway

6

Clifden

1

Gort

1

Loughrea

3

Salthill

3

Tralee

4

Cahirciveen

1

Killarney

4

Listowel

2

Portlaoise

8

Abbeyleix

2

Birr

3

Tullamore

2

Henry Street

6

Roxboro Road

2

Askeaton

1

Newcastlewest

2

Bruff

3

Mullingar

5

Athlone

3

Granard

2

Longford

3

Drogheda

7

Dundalk

3

Kells

4

Navan

1

Trim

3

Balbriggan

2

Ashbourne

2

Castlebar

4

Ballina

5

Belmullet

2

Claremorris

2

Swinford

2

Westport

2

Roscommon

5

Ballinasloe

2

Boyle

2

Castlerea

2

Tuam

4

Sligo

6

Ballymote

1

Carrick-on-Shannon

4

Manorhamilton

3

Thurles

6

Cahir

2

Clonmel

2

Nenagh

1

Templemore

2

Tipperary

1

Waterford

7

Dungarvan

5

Kilkenny

4

Thomastown

2

Tramore

2

Wexford

4

Enniscorthy

2

Gorey

7

New Ross

2

Wicklow

1

Store Street

2

Fitzgibbon Street

7

Bridewell

2

Santry

8

Coolock

4

Raheny

4

Pearse Street

7

Kevin Street

3

Donnybrook

3

Crumlin

3

Terenure

7

Tallaght

3

Dun-Laoghaire

9

Bray

5

Blackrock

4

Blanchardstown

8

Ballyfermot

5

Lucan

4

Dublin Castle

11

Totals

390

The breakdown of intoxilysers per Garda station is set out in the following table:

Station

Ashbourne

Athlone

Ballina

Baltinglass

Bandon

Bantry

Belmullet

Birr

Blanchardstown

Bray

Bridewell

Bruff

Buncrana

Cahirciveen

Carlow

Carrick on Shannon

Carrickmacross

Castlebar

Cavan

Clifden

Clonmel

Donegal

Drogheda

Dún Laoghaire

Dundalk

Dungarvan

Ennis

Ennistymon

Galway

Glenties

Gorey

Gort

Henry Street

Kanturk

Kells

Kilkenny

Killarney

Kilrush

Letterkenny

Longford

Loughrea

Macroom

Mallow

Midleton

Monaghan

Mullingar

Naas

Nenagh

Newcastlewest

Pearse Street

Portlaoise

Roscommon

Santry

Sligo

Store Street

Terenure

Thurles

Tralee

Trim

Tuam

Tullamore

Waterford

Wexford

Wicklow

Olivia Mitchell

Ceist:

653 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform the number of hand-held devices to record penalty point offences held by the Garda; the number allocated per Garda division; and if he will make a statement on the matter. [14568/06]

I am informed by the Garda authorities that currently there are 400 hand-held units, which record penalty point offences on issue. The following table outlines the number of hand-held units allocated to each Garda division.

Division

Number of Units

Carlow-Kildare

14

Cavan-Monaghan

17

Clare

12

Cork City

21

Cork North

13

Cork West

12

Donegal

16

Galway West

12

Kerry

10

Laois-Offaly

11

Limerick

12

Longford-Westmeath

11

Louth-Meath

17

Mayo

13

Roscommon-Galway East

12

Sligo-Leitrim

12

Tipperary

16

Waterford-Kilkenny

17

Wexford-Wicklow

14

D.M.R. North Central

13

D.M.R. North

18

D.M.R. South Central

18

D.M.R.South

18

D.M.R. East

20

D.M.R. West

18

D.M.R. Traffic

32

Garda College

1

Total

400

I am further informed that the unit allocated to the Garda College is allocated for training purposes and is not connected to the on-line fixed charge processing system.

Judicial Recommendations.

Joe Higgins

Ceist:

654 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform the number of the recommendations made by a judge (details supplied) that have been implemented to date. [14573/06]

Eight of the 14 recommendations referred to in the question are either implemented or substantially implemented and work is ongoing with a view to having a further four recommendations implemented in the near future. Steps are also being taken to implement the remaining two recommendations, which are longer term in nature and require major capital investment.

Legislative Programme.

Damien English

Ceist:

655 Mr. English asked the Minister for Justice, Equality and Law Reform the position regarding the national property services regulatory authority; if a site has been acquired in Navan; if a director has been appointed; if and when recruitment will take place for support staff positions; when the authority will be fully operational; and if he will make a statement on the matter. [14574/06]

The formal establishment of the new national property services regulatory authority must await the enactment of the necessary legislation. The Government's legislative programme provides for the publication of a Bill to establish the new authority in early 2007.

In the meantime, an implementation group is in place and working to assist and advise on preparations for the new authority. Acquisition of suitable premises is being progressed through the Office of Public Works. A competition for the appointment of the director of the national property services regulatory authority was advertised recently by the Public Appointments Service with a closing date of 23 March 2006. The Public Appointments Service is in the process of finalising arrangements for the interview board to sit and it is anticipated that interviews will be held in the near future. The staffing arrangements for the office will be reviewed with the director once he or she has been appointed.

Registration of Title.

Dan Neville

Ceist:

656 Mr. Neville asked the Minister for Justice, Equality and Law Reform when registration of title to property (details supplied) in County Limerick will be completed. [14579/06]

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

Visa Applications.

Eoin Ryan

Ceist:

657 Mr. Eoin Ryan asked the Minister for Justice, Equality and Law Reform when a decision was made by the visa office in the case of persons (details supplied) in Dublin 8; the reason behind the decision; if the decision has been appealed; the steps that can be taken to ensure a positive outcome; and if he will make a statement on the matter. [14581/06]

The application referred to by the Deputy was received in my Department on 6 September 2005. The decision of the visa officer to refuse this application was made on 16 September 2005. The application was refused because the visa officer was not satisfied that the applicant's family had sufficient financial resources to support him. In addition, the visa officer considered that the granting of a visa could result in a cost to public funds or resources. There is no record of an appeal lodged with my Department. All appeals must be received within two months of the date of the initial refusal. As the time for receipt of such an appeal has now elapsed, it is open to the applicant to make a fresh application.

Citizenship Applications.

Eoin Ryan

Ceist:

658 Mr. Eoin Ryan asked the Minister for Justice, Equality and Law Reform the reason an application for citizenship was refused in the case of a person (details supplied) in Dublin 4; if the decision has been appealed; the steps which can be taken to ensure a positive determination in view of the circumstances; and if he will make a statement on the matter. [14582/06]

The person concerned entered the State as an unaccompanied minor in October 1999 and applied for asylum. Normal immigration controls were not applied to her and her entry to the State without a passport or valid form of identification was allowed for the sole purpose of having an asylum claim determined. In May 2000, she withdrew her claim for asylum before it had been finalised and made an application for leave to remain based on her parentage of an Irish born child. She was granted leave to remain on this basis on 8 October 2002.

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, 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.

In May 2004, the person concerned applied for a certificate of naturalisation. The person concerned had not been resident in the State for five years at the time she applied and, consequently, her application was deemed ineligible. She was informed of this decision and the basis for it in writing in February 2006. In the context of naturalisation certain periods of residence in the State are excluded. These include periods of residence in respect of which an applicant does not have permission to remain in the State, periods granted for the purposes of study and periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act 1996. The person in question was seeking recognition as a refugee from October 1999 to May 2000 and did not have permission to remain in the State from May 2000 to October 2002, when she was granted leave to remain. Consequently, she will have the necessary five years reckonable residence in October 2007, provided she has maintained her permission without any gaps since October 2002. She can submit another application at that time and this will be assessed against the requirements of the Irish Nationality and Citizenship Acts.

Residency Permits.

Eoin Ryan

Ceist:

659 Mr. Eoin Ryan asked the Minister for Justice, Equality and Law Reform if a decision will be made in respect of a person (details supplied) in Dublin 6 who has applied for permission to remain here on compassionate grounds; and if he will make a statement on the matter. [14583/06]

Representations have been received in respect of the person concerned and are currently being considered under section 3 of the Immigration Act 1999. The applicant will be informed in due course in regard to the application for permission to remain in the State on compassionate grounds.

Registration of Title.

Liam Aylward

Ceist:

660 Mr. Aylward asked the Minister for Justice, Equality and Law Reform if he will finalise registration of property for a person (details supplied) in County Kilkenny in view of the fact that all information requested has been submitted by the person’s solicitor. [14621/06]

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

Garda Deployment.

Richard Bruton

Ceist:

661 Mr. Bruton asked the Minister for Justice, Equality and Law Reform the number of gardaí working in community policing in the Tallaght station in each year over the past five years; and if he will make a statement on the matter. [14623/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of all ranks of An Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702 of all ranks as at 30 June 1997 and represents an increase of 1,737, 16.2%, in the personnel strength of the force during that period.

I have been further informed by the Garda authorities that the number of gardaí deployed on community policing duties at Tallaght Garda station from 31 December 2000-05 inclusive and as at 31 March 2006 was as set out in the table hereunder:

Year

00

01

02

03

04

05

31/03/06

Tallaght

20

20

22

24

24

20

21

Garda personnel assignments throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and that the best possible Garda service is provided to the general public. It is the responsibility of Garda management to allocate personnel throughout and within divisions on a priority basis in accordance with the requirements of different areas. The allocation of such resources is determined by a number of factors, including demographics, administrative functions, crime trends and other operational policing needs.

I should also say that the timescale for achieving the target strength of 14,000 members of the Garda Síochána in line with the commitment in the agreed programme for Government remains as when I announced the Government's approval in October 2004 for my proposals to achieve this objective. The phased increase in the strength of An Garda Síochána to 14,000 will lead to a combined strength of both attested gardaí and recruits in training of 14,000 by the end of this year. This project is fully on target and will be achieved.

As part of the accelerated recruitment campaign to facilitate this record expansion, 1,125 Garda recruits were inducted to the Garda College during 2005. The college will induct a further 1,100 recruits this year and again in 2007 by way of intakes to the Garda College of approximately 275 recruits every quarter. The first incremental increase of newly attested gardaí under the programme of accelerated recruitment took place on 15 March 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 community policing in Tallaght will be fully considered.

Sentencing Policy.

Pat Carey

Ceist:

662 Mr. Carey asked the Minister for Justice, Equality and Law Reform his views on the need for the introduction of mandatory minimum sentencing as the norm in new legislation to allay the concern of the public, which feels that the Judiciary pursues an excessively lenient sentencing policy; and if he will make a statement on the matter. [14624/06]

As the Deputy is aware, the traditional approach to sentencing is for the Oireachtas to lay down by law the maximum penalty appropriate to a particular offence and for the courts, having considered all the circumstances of a case, to impose an appropriate penalty up to that maximum. This approach reflects the doctrine of the separation of powers — the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. The Legislature lays down the possible punishment range but it is for the courts to exercise discretion in deciding the punishment while taking account of all the circumstances of the case and of the offender.

However, there are a small number of situations where statute has intervened to create exceptions to this approach. In the case of murder, there is a mandatory sentence of life imprisonment. The Criminal Justice Act 1999 provides for a mandatory minimum sentence of ten years imprisonment for an offence of possessing drugs to the value of €13,000 or more for the purposes of unlawful sale or supply unless exceptional and specific circumstances exist in respect of the offence or the offender that would make it unjust in all the circumstances to impose a sentence of not less than ten years.

The complex question of sentencing policy was addressed at length by the Law Reform Commission in its report on sentencing in August 1996, which specifically recommended against the introduction of statutory sentencing guidelines. Nevertheless, I intend to add to the exceptions that I have mentioned above by means of Committee Stage amendments to the Criminal Justice Bill 2004. My proposals include a new offence of importation of drugs to the value of €13,000 or more that will attract the ten year mandatory minimum sentence and provision for mandatory minimum sentences of between five and ten years for certain firearm offences, including possession of a firearm in suspicious circumstances, possession of a firearm with criminal intent, possession of a firearm with intent to endanger life or cause serious injury to property, possession of a firearm while hijacking a vehicle, use or production of a firearm to resist arrest, and modification of firearms such as sawing off a shotgun.

I have tabled these proposals because I believe that the increasingly adverse impact of these offences on our communities is such as to merit the Oireachtas providing sentencing guidelines to the courts to the effect that a specified minimum sentence should be imposed unless to do so would be unjust in all the circumstances. In addition, I intend to provide that when considering whether the imposition of a mandatory minimum sentence would be unjust the courts may not only have regard as at present to certain mitigating factors such as the stage at which the offender pleaded guilty and whether the offender materially assisted in the investigation but also to the public interest in preventing these offences and to whether the offender has been previously convicted in respect of these offences.

Notwithstanding this, I do not consider that the Judiciary can be said to be pursuing an excessively lenient sentencing policy. While this may be the public perception based on a small number of cases that have been the subject of media attention, I do not believe that this perception reflects the reality. Having regard to the multitudinous variety of circumstances in which offences are committed and of offenders, the trial judge is best placed, having heard the evidence, to select an appropriate sanction from a punishment range laid down by the Oireachtas. I consider that this approach should continue to be the norm.

Garda Investigations.

Paul Nicholas Gogarty

Ceist:

663 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform the position regarding the investigation into the recent shootings on the M50 and N4; if there are additional resources being allocated to deal with related issues; and if he will make a statement on the matter. [14625/06]

I am informed by the Garda authorities that the investigation into the incidents referred to is ongoing and that an incident room has been set up in the Dublin metropolitan region west to co-ordinate the investigation. Local Garda management is satisfied that sufficient resources, supplemented as required from the national units including the National Bureau of Criminal Investigation, are available to investigate this and related incidents.

I am also informed that both uniform and detective gardaí deployed under Operation Anvil continue to target those involved in gun related and serious crime through patrolling and armed checkpoints in order to disrupt their criminal activities. In addition, Operation Anvil has been extended nationwide and is being co-ordinated by a deputy commissioner. A series of special operations prepared by the relevant regional assistant commissioners and designed to focus on areas and incidents of high crime have been authorised.

I should also say that the timescale for achieving the target strength of 14,000 members of An Garda Síochána in line with the commitment in the agreed programme for Government remains as when I announced my proposals to achieve this objective in October 2004. The phased increase in the strength of An Garda Síochána to 14,000 will lead to a combined strength of both attested gardaí and recruits in training of 14,000 by the end of this year. This project is fully on target and will be achieved.

As part of the accelerated recruitment campaign to facilitate this record expansion, 1,125 Garda recruits were inducted to the Garda College during 2005. The college will induct a further 1,100 recruits this year and again in 2007 by way of intakes to the Garda College of approximately 275 recruits every quarter. The first incremental increase of newly attested gardaí under the programme of accelerated recruitment took place on 15 March 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 national units, including the National Bureau of Criminal Investigation, will be fully considered within the overall context of the needs of An Garda Síochána.

Garda Deployment.

Paul Nicholas Gogarty

Ceist:

664 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform the reason Garda numbers at Lucan station have fallen in view of the number of new developments in the area such as Adamstown and Laraghcon; and if he will make a statement on the matter. [14626/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources including personnel, that the personnel strength of all ranks of An Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702 as at 30 June 1997 and represents an increase of 1,737, 16.2%, in the personnel strength of the force during that period.

I am further advised that the personnel strength of Lucan Garda station as at 18 April 2006 was 67. Lucan Garda station forms part of the Dublin metropolitan region west division. I am further advised that the personnel strength of all ranks of the Dublin metropolitan region west division as at 18 April 2006 was 681. This compares with an equivalent strength of 502 as at 31 December 1997 and represents an increase of 179, 35.7%, in that period.

It is the responsibility of Garda management to allocate personnel throughout and within divisions on a priority basis in accordance with the requirements of different areas. The allocation of such resources is determined by a number of factors, including demographics, administrative functions, crime trends and other operational policing needs. Garda personnel assignments throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and that the best possible Garda service is provided to the general public.

I should also say that the timescale for achieving the target strength of 14,000 members of the Garda Síochána in line with the commitment in the agreed programme for Government remains as when I announced the Government's approval in October 2004 for my proposals to achieve this objective. The phased increase in the strength of An Garda Síochána to 14,000 will lead to a combined strength of both attested Gardaí and recruits in training of 14,000 by the end of this year. This project is fully on target and will be achieved.

As part of the accelerated recruitment campaign to facilitate this record expansion, 1,125 Garda recruits were inducted to the Garda College during 2005. The college will induct a further 1,100 recruits this year and again in 2007 by way of intakes to the Garda College of approximately 275 recruits every quarter. The first incremental increase of newly attested gardaí under the programme of accelerated recruitment took place on 15 March 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 Lucan Garda station will be given fullest consideration.

Question No. 665 answered with QuestionNo. 642.
Question No. 666 answered with QuestionNo. 652.

David Stanton

Ceist:

667 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the number of gardaí stationed in Doneraile, County Cork; when the number of gardaí there will be increased; and if he will make a statement on the matter. [14701/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources including personnel, that the personnel strength of all ranks of An Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702 as at 30 June 1997 and represents an increase of 1,737, 16.2%, in the personnel strength of the force during that period.

I am further advised that the personnel strength of Doneraile Garda station as at 18 April 2006 was one Garda and that the area is also policed by members from Buttevant and Mallow Garda stations. Local Garda management states that there are no immediate plans to increase the personnel strength of Doneraile Garda station. It is the responsibility of Garda management to allocate personnel throughout and within divisions on a priority basis in accordance with the requirements of different areas. The allocation of such resources is determined by a number of factors, including demographics, administrative functions, crime trends and other operational policing needs.

Garda management states that personnel assignments throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and that the best possible Garda service is provided to the general public. I should also say that the timescale for achieving the target strength of 14,000 members of the Garda Síochána in line with the commitment in the agreed programme for Government remains as when I announced the Government's approval in October 2004 for my proposals to achieve this objective. The phased increase in the strength of An Garda Síochána to 14,000 will lead to a combined strength of both attested gardaí and recruits in training of 14,000 by the end of this year. This project is fully on target and will be achieved.

As part of the accelerated recruitment campaign to facilitate this record expansion, 1,125 Garda recruits were inducted to the Garda College during 2005. The college will induct a further 1,100 recruits this year and again in 2007 by way of intakes to the Garda College of approximately 275 recruits every quarter. The first incremental increase of newly attested gardaí under the programme of accelerated recruitment took place on 15 March 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 Doneraile Garda station will be given the fullest consideration.

Registration of Title.

Pat Breen

Ceist:

668 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform if an application for a person (details supplied) in County Clare has been processed; and if he will make a statement on the matter. [14719/06]

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

Pat Breen

Ceist:

669 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform when applications for a person (details supplied) in County Clare will be processed; and if he will make a statement on the matter. [14720/06]

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

Data Protection.

Tom Hayes

Ceist:

670 Mr. Hayes asked the Minister for Justice, Equality and Law Reform if he will clarify the wording on a reply that issued to a person (details supplied) in County Tipperary who applied for Garda clearance; and if he will make a statement on the matter. [14726/06]

The person in question made an application to the Garda data protection processing unit pursuant to section 4 of the Data Protection Act 1988, as amended, for disclosure of her personal data and not a vetting-clearance request. The search proved negative and a standard letter, which has been approved by the Data Protection Commissioner, issued to the applicant. This letter states, inter alia, that the document does not constitute a “proof of no convictions”, “police certificate”, Garda “reference” or Garda “clearance”.

The reason for this is that searches carried out in response to such requests are conducted solely in respect of the name, date of birth and address as provided by the applicant and not on any variants of these details. Unlike criminal record vetting, which is only available to specified organisations, details of possible variant matches are not provided under the data protection search process. This procedure reflects the purpose of data protection legislation, which is not a means of vetting but is designed to protect individuals with regard to the automatic processing of their personal data.

Visa Applications.

Aengus Ó Snodaigh

Ceist:

671 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason for the rejection of visa applications of Bosnian artists who intended visiting here for an art exhibition scheduled by the Bosnian Community Development Project, which has been cancelled as a result. [14731/06]

The applications referred to by the Deputy were received in my Department on 9 March 2006.

When assessing the applications in question, consideration was given to the personal circumstances of the applicants and the extent of their ties to their country of origin. The applications were refused because it was not established on the basis of the documentation supplied to my Department that the applicants would observe the conditions of a visit visa. In particular, it was felt that the applicants had not displayed sufficient evidence of their obligations to return home following their proposed visit.

An appeal against the initial decision was lodged on 20 March 2006. Following a re-examination of the case, the decision to refuse was upheld on 31 March 2006. As each application is entitled to one appeal only, no further review in this matter can be granted. However, it is open to each applicant to make a fresh application.

Brendan Howlin

Ceist:

672 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if, in respect of the application for residency of a person (details supplied) in County Wexford, the copy of his military service record submitted to his Department by the person is sufficient to satisfy the requirement that the person provide evidence of identity in the form of a passport or national identity card; the status of this application; and if he will make a statement on the matter. [14732/06]

I refer the Deputy to the answer I gave to Parliamentary Question No. 128 on 26 January 2006 (ref. 2579/06). The person concerned applied for permission to remain in the State under the revised arrangements announced by me on 15 January 2005 for the processing of applications from the non-national parents of Irish born children born before 1 January 2005. For the reasons set out in my previous reply, the applicant does not meet the criteria for the granting of permission to remain in the State under the revised arrangements and his application was refused on that basis. A copy of a military service record is not acceptable evidence of identity for the purpose of an application for permission to remain in the State under the revised arrangements.

Garda Operations.

Finian McGrath

Ceist:

673 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if the post mortem photos from the Stardust fire in 1981 will be released; and if they will be given to the legal team of the Stardust relatives committee. [14733/06]

I understand that the Garda authorities made arrangements for an expert nominated by the solicitor representing the Stardust relatives committee to examine the photographs in question, under appropriate supervision, at Garda headquarters and that this took place on Friday, 21 April 2006. I am further informed by the Garda Commissioner that, as a matter of policy, the photographs will not be released to the legal team.

Registration of Title.

Paul Connaughton

Ceist:

674 Mr. Connaughton asked the Minister for Justice, Equality and Law Reform the position regarding an application by a person (details supplied) in County Galway; and if he will make a statement on the matter. [14740/06]

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

Child Abuse.

Brendan Howlin

Ceist:

675 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if he has received representations from a person (details supplied) in respect of an allegation of child sexual abuse that was allegedly reported but not investigated by the Garda; if his Department has taken action on foot of these representations; the position on these representations; and if he will make a statement on the matter. [14741/06]

I can inform the Deputy that I did receive representations from the person named. On foot of these representations, I sought a report on the matter from the Garda authorities. I am informed by the Garda authorities that on 4 August 2005, a complaint was made to them concerning an allegation of child abuse that allegedly occurred between 1964 and 1969. The allegation is being investigated but the investigation is slow due to the length of time since the events complained of allegedly took place. In addition, the Garda Síochána has had difficulty making contact with the complainant. The Garda investigation is ongoing.

Garda Investigations.

Finian McGrath

Ceist:

676 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if documents were forged in any part of the EU and then knowingly used in the Republic of Ireland for financial gain; if that would be a criminal act; and the position regarding the case of a person (details supplied). [14749/06]

I am informed by the Garda authorities that if documents were forged in any part of the EU and then knowingly used in the Republic of Ireland for financial gain, it would be a criminal act. The matter would be investigated by An Garda Síochána and the investigation file submitted to the law officers. The case would then be adjudicated upon to establish if sufficient evidence is available to substantiate the offences of forging and-or uttering.

In the case referred to, consideration was also given by investigating gardaí to the Land Registry Rules, the Registration of Title Act 1964 and the Conveyancing Act 1881, under which it is the vendor's signature that effectively passes title. The purchaser's signature is solely for the purpose of certifying that the purchaser is an Irish citizen and, as such, is a qualified person under the provisions of the Land Act 1965. The Garda investigation into the complaint made by the person referred to did not establish the presence of the necessary proofs to warrant a prosecution in this jurisdiction.

As the Deputy will be aware, I have no role in the investigation or prosecution of cases. This is a long standing principle of our system of justice. The role of the Garda is to investigate alleged offences, gather whatever evidence may be available and submit a report to the Director of Public Prosecutions. The question of whether a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The director, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and-or statute law. In the circumstances, it would, therefore, be inappropriate for me to comment further on the case.

Repatriation Applications.

Pat Carey

Ceist:

677 Mr. Carey asked the Minister for Justice, Equality and Law Reform when the case of a person (details supplied) for repatriation will be decided; and if he will make a statement on the matter. [14761/06]

A three-way consent is required to enable any transfer to take place, namely, from the authorities of both jurisdictions and from the person concerned. I can inform the Deputy that I have given my consent to this transfer. My Department is awaiting the consent for the transfer from both the United Kingdom authorities and the person referred to by the Deputy. On receipt of those consents, assuming they will be forthcoming, an application must then be made to the High Court for a warrant authorising the transfer of the person concerned and his continued detention here. These procedures are required under the Convention and the Transfer of Sentenced Persons Act 1995 and must be adhered to in processing each application.

Closed Circuit Television Systems.

John McGuinness

Ceist:

678 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of a decision by his Department to provide closed circuit television in Kilkenny city; the timeframe involved for the project; the stage it is at; and if he will make a statement on the matter. [14774/06]

As the Deputy is aware, Kilkenny is one of the 11 remaining locations nationwide that form part of the Garda CCTV programme. Following recommendations from the Garda authorities, I have approved the implementation of six new Garda CCTV systems. With the addition of these six new locations, a total of 17 Garda town centre CCTV systems including Kilkenny will be implemented in the following locations — Athlone, Ballyfermot, Carlow, Castlebar, Clondalkin, Clonmel, Drogheda, Dungarvan, Ennis, Kilkenny, Kinsale, Mullingar, Portlaoise, Sligo, Tallaght, Tullamore and Waterford.

I am anxious to accelerate the implementation of this CCTV programme and reduce as far as possible the workload of the Garda Síochána in this regard. The answer is to outsource the installation of Garda CCTV systems to the greatest extent possible, making use not only of the technical but also of the project management expertise in the private sector. In recent months, the Garda Síochána has conducted a thorough examination of all aspects of Garda involvement in CCTV systems. Following this review, I have recently received a comprehensive and innovative proposal for the project management and the outsourced service provision of Garda CCTV systems, including Kilkenny, from the Garda Commissioner.

The Garda authorities wish to commence the initial public procurement process and I am also anxious to proceed urgently with this comprehensive request for tender to source the best CCTV service possible for Kilkenny and the other 16 locations selected. This will happen in conjunction with section 38 of the Garda Síochána Act 2005, which provides a legislative basis for the operation of CCTV in public places. My Department is currently in consultation with the Department of Finance with a view to proceeding as quickly as possible with the procurement process to contract the project managers and outsourced service providers for the development, installation and management of these CCTV systems. My ambition is to have a Garda CCTV system operating in Kilkenny and in the other locations, at the earliest opportunity subject to compliance with relevant procurement legislation and procedures.

Liquor Licensing Laws.

Róisín Shortall

Ceist:

679 Ms Shortall asked the Minister for Justice, Equality and Law Reform if he will provide the information requested under Parliamentary Question No. 186 of 9 February 2006 in respect of the sale of alcohol to minors. [14782/06]

I am informed by the Garda authorities that the information requested by the Deputy is still being collated, as it requires an examination and analysis of manual records. I will contact the Deputy again when the information requested is to hand.

Tony Gregory

Ceist:

680 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if An Garda Síochána at Mountjoy Garda station Dublin 7 are aware of residents’ concerns that alcohol is sold to underage persons at a location (details supplied) in Dublin 7; the action it is taking; and if he will make a statement on the matter. [14834/06]

I am informed by the Garda authorities that the business referred to by the Deputy has not come to the unfavourable attention of the Garda at Mountjoy Garda station in connection with the sale of alcohol to underage persons and no such offences have been disclosed to date. Gardaí have spoken to the management of the premises regarding the sale of alcohol to underage persons and have undertaken to commence recording details of all sales refused on the ground that the person is underage. The residents' concerns have been raised with the management of the premises.

Garda Training.

Pádraic McCormack

Ceist:

681 Mr. McCormack asked the Minister for Justice, Equality and Law Reform if An Garda Síochána is adequately trained in dealing with the situation in respect of men suffering domestic violence; and if he will make a statement on the matter. [14836/06]

I am informed by the Garda authorities that legal lecture No. 12 relating to offences committed within the family is allocated three hours lecture time under phase one of the Garda Síochána training programme and a further two hours under phase three. This lecture covers all matters relevant to the Domestic Violence Act 1996, including barring, protection and safety orders, arrest powers, procedures to follow, advice to be given, bail issues, the Children Act 1908 and related matters and the Childcare Act 1991, including the duties of the health boards and courts in matters of child care. There is no differentiation made between male and female victims of domestic violence when presenting these lectures.

I am further informed that domestic violence training is also provided by the social studies section under phase one and phase three, following which student gardaí are fully briefed on all aspects of the law in respect of domestic violence. During experiential learning phases of training, student gardaí would also be exposed under the supervision of tutors to dealing with real cases of domestic violence.

Also under phase three training, Women's Aid attends the Garda College and spends four hours with each class of 24 students educating them on issues of domestic violence. Women's Aid deals with violence against both women and men. This learning is put into practice by way of role-play situations, which enhance the students' abilities to deal with domestic violence situations both lawfully and professionally. In total, student gardaí can expect to receive a minimum of eight to ten hours training on all aspects of domestic violence. Finally, I am advised by Garda management that the issue of further training in the area for general members is being researched for inclusion on the continuous professional development core programme for 2007.

Visa Applications.

Brendan Howlin

Ceist:

682 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that, on foot of advice from the visa section of his Department, a person (details supplied) in County Wexford applied in writing to the immigration and citizenship division for a change of visa from category C to category D; if he has received a letter stating that a person on a C visit visa cannot have her permission to remain here extended but must leave and re-apply from outside should she wish to return; if the requirement to leave the country can be waived in view of the fact that this person is married to a person who has been here for four years; and if he will make a statement on the matter. [14841/06]

Holders of C visas who wish to extend their stay are advised by the visa section of my Department that they must leave the State and reapply for a new appropriate visa. The person concerned was granted a C visit visa to enter the State for a period of three months. It now appears that she is seeking an extension of her permission to remain in the State. An examination of the papers in respect of the case indicates that the person concerned sought an extension of her C visit visa with the immigration division of my Department and was refused. Notification of this decision issued on the 31 March 2006.

A wrap-around information sheet accompanies every visa application form. That sheet makes it clear to the applicant that, in general, persons granted visas for particular purposes are not permitted to remain in the State for any purpose other than that for which the visa was granted. Every visa applicant is required to state on the application form the dates on which he or she proposes to enter and leave Ireland. He or she is also required to declare that the information supplied is correct and complete. A C visa is granted for visits of less than 90 days. As a consequence, it is not the general policy to extend permission to remain to persons who are admitted initially for a period of 90 days or less on a C visa, save in very exceptional and unforeseen circumstances. The person concerned must leave and reapply from outside the State should she wish to return. She should include in her new visa application the purpose and duration of her intended stay.

Private Security Authority.

Joe Costello

Ceist:

683 Mr. Costello asked the Minister for Justice, Equality and Law Reform when the strategic plan required under section 9 of the Private Security Services Act 2004 will be published by the Private Security Authority; and if he will make a statement on the matter. [14842/06]

I have been informed by the Private Security Authority that, as provided for under section 9 of the Private Security Services Act 2004, the authority's strategy statement is currently being prepared. I understand that the strategy statement will be finalised in the coming months and will be presented to me for approval, following which I shall arrange for a copy to be laid before each House of the Oireachtas.

Joe Costello

Ceist:

684 Mr. Costello asked the Minister for Justice, Equality and Law Reform if the security firms involved in the three recent robberies of cash in transit had licences issued by the Private Security Authority; and if he will make a statement on the matter. [14843/06]

The Private Security Authority was established under the Private Security Services Act 2004 to regulate the private security industry. Part of its function under the Act is to licence companies and persons providing a whole range of security services. The authority has already commenced licensing contractors providing private security services in the door supervisor and security guarding areas as well as licensing for suppliers and installers of intruder alarms. I understand that the authority proposed to licence all other sectors of the industry on a phased basis thereafter.

It was intended to introduce licensing of the cash movement sector at the end of a voluntary compliance period where the industry would be given time within which to bring its standards up to the requisite approved standards, which would form the basis for licensing. The incidents to which the Deputy refers highlighted to me that a radical lapse in standards had occurred. As a result, the chief executive of the Private Security Authority has advised me that she will table proposals for the introduction of mandatory licensing of this sector as quickly as possible.

Garda Operations.

Joe Costello

Ceist:

685 Mr. Costello asked the Minister for Justice, Equality and Law Reform if the home of the head of the Criminal Assets Bureau was burgled; if documents relating to the activities of the Criminal Assets Bureau were stolen; if documents or material have been recovered; if criminal investigation or prosecution may be compromised as a result of the robbery; the reason sensitive material should be kept in the home of a Garda official; and if he will make a statement on the matter. [14844/06]

I am informed by the Garda authorities that a burglary occurred at the home of the chief bureau officer of the Criminal Assets Bureau on 28 March 2006, during which a vehicle and a briefcase were taken. The property was subsequently recovered later the same day. This incident remains under investigation and to date no person has been made amenable for this crime. I am assured by the Garda authorities that no criminal investigation or prosecution will be compromised as a result of this incident.

Official Engagements.

Joe Costello

Ceist:

686 Mr. Costello asked the Minister for Justice, Equality and Law Reform the circumstances under which he attended a conference on special policing in Chester on the weekend of 1 April 2006; the person who accompanied him on the trip; the reason no person from the GRA or AGSI was invited to attend; and if he will make a statement on the matter. [14845/06]

I attended the national conference of the Special Constabulary of England and Wales, which was held on the weekend of 31 March to 2 April. I was invited to attend by Mr. Peter Fahy, Chief Constable of the Cheshire Constabulary, who also holds national responsibility for the promotion and development of the Special Constabulary in England and Wales. He came to Dublin at my invitation on 15 March 2006 to brief me on the detailed operation of the Special Constabulary system. The Deputy might recall that, during his visit here, Chief Constable Fahy gave some media interviews in which he made a very positive contribution to the ongoing public debate on issues associated with the appointment of reserve members of the Garda Síochána, as provided in section 15 of the Garda Síochána Act 2005.

I was accompanied at the conference in Chester by the Secretary General of my Department, officials of my Department, the Garda Commissioner, the Garda Síochána press officer and two senior members of Garda management. It is a pity that no representatives of the GRA or AGSI attended the conference, as I am sure they would not only have been very welcome but would have had the opportunity to hear at first hand the many positive experiences of special constabularies in England and Wales and to learn of their excellent relationships with the regular police forces there. I understand that the president of the GRA did inquire about attending but apparently too late for arrangements to be made.

Repatriation Applications.

Joe Costello

Ceist:

687 Mr. Costello asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) has not had his or her application for repatriation expedited; if it is true that the Home Office forwarded the necessary papers to his Department in September 2005; when the decision to repatriate will be made; and if he will make a statement on the matter. [14846/06]

I can confirm that my Department received the formal application for transfer of the person concerned from the United Kingdom authorities in September 2005. Various reports were then sought and received by my Department from bodies in this jurisdiction. The application was reviewed by the State's legal officers in order to ensure that the requirements of the Council of Europe Convention on the Transfer of Sentenced Persons and the Transfer of Sentenced Persons Acts 1995 and 1997 were satisfied. Having received their advices in the matter, my Department has requested and is awaiting further supporting documentation from the UK authorities in respect of this application.

It should be noted that the Convention on the Transfer of Sentenced Persons requires extensive documentation to be exchanged between both jurisdictions in order to allow an application to be fully considered. A three-way consent is also required to enable any transfer to take place, namely, from the authorities of both jurisdictions and from the person concerned. On receipt of those consents, assuming they are forthcoming, an application must be made to the High Court for a warrant authorising the transfer of the person concerned and his or her continued detention here.

These procedures are required under the Transfer of Sentenced Persons Acts and must be adhered to in processing each application. I would expect, upon receipt of the documentation from the UK authorities and a review of same by the State's legal officers, to be in a position to make a decision on this application. I can assure the Deputy that every effort will be made to complete this process as quickly as possible.

Garda Reserve.

Fergus O'Dowd

Ceist:

688 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform if the Garda reserve force will be empowered to work on traffic management duties; and if he will make a statement on the matter. [14853/06]

Under section 15 of the Garda Síochána Act 2005, which provides for the establishment of a Garda reserve, the powers and duties of reserve members may be determined by the Garda Commissioner. The Garda Commissioner, in a comprehensive submission to me on the Garda reserve, has proposed that the initial duties of a reserve Garda will include road traffic checkpoint duties accompanied by a full-time member. I have said that I am extremely impressed with the comprehensive nature of the proposals for the Garda Síochána reserve made to me by the Garda Commissioner. The proposals envisage a thoroughly trained reserve with carefully selected powers and duties working under the supervision of members of the Garda Síochána.

I have met each of the Garda representative associations to discuss the Commissioner's proposals before I proceed to draw up the necessary regulations for Government approval. Further discussions will be held with the associations under the Garda conciliation scheme. I also intend to present the regulations in draft form to the Joint Oireachtas Committee on Justice, Equality, Defence and Women's Rights for its consideration. The additional resource of a well-trained Garda reserve with carefully selected powers and duties will significantly increase the capacity of the Garda Síochána to combat crime and disorder and provide the public with the security and safety they rightly demand.

Crime Levels.

Brian O'Shea

Ceist:

689 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform his views on whether up to 25% of crime is committed by people who are already on bail for other alleged offences; and if he will make a statement on the matter. [14866/06]

For the first time, the Garda Commissioner provided statistics on headline offences committed by persons who were recorded as being on bail at the time the offence was committed in his 2004 annual report. These figures show that 5% of headline offences were committed by persons on bail. Provisional figures for 2005 indicate that 5.36% of headline offences were committed by persons on bail.

I welcome the provision of this information as a contribution to public discussion. The statistics in the Commissioner's report classify offences committed while on bail under the ten headline crime groups under which the report's statistics are categorised. It is important to note that all offences in, for example, the homicide group are not the homicide offences of murder and manslaughter. The homicide group of headline offences also includes the offences of attempted murder, murder threats, infanticide, abortion and procuring or assisting in an abortion.

In respect of bail in general, during the term of office of the rainbow coalition, the number of prisoners on temporary release reached an all time high of 20% at one stage. As a result of the action of this Government, the so-called revolving door system operated by the rainbow coalition has been stopped and the percentage of the prison population on temporary release is approximately 2.3%. I would also point out that, while it is disturbing that offences are committed by persons on bail, the offence for which the person received bail may be a minor one.

Our legislative provisions for the granting of bail are very stringent. The 16th amendment of the Constitution provides for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person. The Bail Act 1997 gave effect to the amendment and tightened up the bail regime generally. Furthermore, the Criminal Justice Act 1984 provides that any sentence of imprisonment passed on a person for an offence committed shall be consecutive on any sentence passed on him or her for a previous offence. The granting of bail in accordance with the Act, the amount of bail and sentencing are matters for the courts, which are — subject only to the Constitution and the law — independent in the exercise of their judicial functions.

I have requested that the empirical evidence which is available be examined to ascertain the extent of the problem. I believe that an evaluation of how the Bail Act has been operated since enactment should also be carried out and I am arranging for this to be done.

Deportation Orders.

Jan O'Sullivan

Ceist:

690 Ms O’Sullivan asked the Minister for Justice, Equality and Law Reform if he will ensure that a person (details supplied) is not deported to Burma in view of the treatment meted out to others who have been returned to that country and the imprisonment of democratically elected leaders of Burma; and if he will make a statement on the matter. [14891/06]

The person concerned arrived in the State on 6 May 2002 and was issued with a work permit valid from 25 June 2003 to 24 June 2004. He applied for asylum on 2 February 2004. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 16 March 2006 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 why he should be allowed to remain temporarily in the State, leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned. This person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 (Prohibition of Refoulement). I expect the file to be passed to me for decision in due course.

Garda Reserve.

Finian McGrath

Ceist:

691 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will respond to correspondence (details supplied); and his views on the idea of using the new Garda reserve force on this type of child safety issue. [14907/06]

The Garda Commissioner, in a comprehensive submission to me on the Garda reserve, has proposed that the powers of reserve members will be confined to the enforcement of certain aspects of a number of Acts. Under the Road Traffic Acts, powers may be exercised in demanding driving licences and insurance details, enforcing the wearing of seat belts, etc. Under the Public Order Act, powers may be exercised in dealing with the offences of intoxication, threatening behaviour, disorderly conduct and failure to comply with the direction of a member of An Garda Síochána. Under the Criminal Justice (Theft and Fraud Offences) Act, powers may be exercised in dealing with the offences of theft and burglary. Reserve members would also be given the power of arrest under the Criminal Law Act 1997, which provides powers of arrest for both members of the Garda Síochána and civilians.

The additional resource of a well trained Garda reserve with carefully selected powers and duties will significantly increase the capacity of the Garda Síochána to combat crime and disorder and provide the public with the security and safety they rightly demand. As regards the role of reserve members of the Garda Síochána in the matter referred to by the Deputy, the position is that under section 15 of the Garda Síochána Act 2005, which provides for the establishment of a Garda reserve, the powers and duties of reserve members may be determined by the Garda Commissioner.

Citizenship Applications.

Pat Breen

Ceist:

692 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 737 of 12 April 2005 the status of an application for a person (details supplied) in County Clare regarding naturalisation; and if he will make a statement on the matter. [14912/06]

An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the citizenship section of my Department on 27 April 2004. In my response to Parliamentary Question No. 737 of 12 April 2005, I advised the Deputy that the average processing time for such applications was 24 months. I am advised by my officials that processing of the application of the person concerned has commenced and that the file will be presented to me for a decision in the near future. I will inform the Deputy and the applicant when the matter has been finalised.

Crime Levels.

Tony Gregory

Ceist:

693 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if he will request a report from the Garda authorities on the number of incidents reported to the Garda regarding vandalism to cars on Blackhorse Avenue, Dublin 7, between the North Circular Road and McKee Park; the number of arrests made and convictions obtained; the further action the Garda is taking; and if he will make a statement on the matter. [14929/06]

I am informed by the Garda authorities that there have been three incidents of vandalism to cars in the area referred to since the beginning of this year. I am further informed that a suspect has been identified and is being sought for questioning in connection with these incidents. I am assured by the Garda authorities that the area referred to is regularly patrolled by uniform and plain clothes gardaí with a view to ensuring a visible and concentrated police presence. These patrols are supplemented by the Garda mountain bike unit, the community policing unit, the divisional crime task force unit and the traffic unit.

Residency Permits.

Paul Kehoe

Ceist:

694 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform when a decision will be made to grant permission for a person (details supplied) in County Carlow to remain here; and the reason no decision was taken within the six month promised time period from when documentation that was requested was sent. [14933/06]

The person concerned has recently been informed that his application for residency as the spouse of an EU national has been approved.

Citizenship Applications.

Pat Rabbitte

Ceist:

695 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform the number of persons, with reference to the residence criteria for naturalisation applications, applying for citizenship by naturalisation in each year who have been told that a period of residence will not be included in calculating their entitlements by reason of a failure to renew annually their permission to remain here; the actual or estimated number of persons here who have been granted permission to remain on such a time-limited basis and who have neglected to apply for renewal of permission; the other action that is taken against persons who do not apply for renewal of permission, other than discounting their period of residence for naturalisation purposes; the action he will take in such cases; if discretion is available to him; and if he will make a statement on the matter. [14980/06]

The Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled, including where the applicant has 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, has had a total residence in the State amounting to four years.

In the context of qualifying residence for the purposes of naturalisation, certain periods of residence in the State are excluded. These include periods of residence in respect of which an applicant does not have permission to remain in the State, periods granted for the purposes of study and periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act 1996. Generally speaking, immigration stamps in an applicant's passport are used to determine periods of permission to remain in the State.

Since 1 April 2005, the practices for processing applications for naturalisation have changed. When an application for naturalisation is received, it is examined immediately to determine if the applicant meets the statutory residency criteria. If the applicant does not meet the residency requirements, he or she will be informed immediately. Since the introduction of this procedure, more than 1,400 applicants who applied since that date have been found to be ineligible. All such applicants are informed of any shortfall in their residency and will be able to reapply when they have the required residency. The onus is on the individual who requires permission to remain in the State to keep this permission up to date at all times. If a person is required to have the permission of the Minister to remain in the State and he or she does not obtain or renew that permission as applicable, that person is staying in the State illegally and is in breach of Irish immigration law. He or she may ultimately be subject to deportation proceedings.

The Irish Nationality and Citizenship Act 1956, as amended, provides that I can waive some or all of the statutory requirements at my absolute discretion in certain circumstances, I consider it would be inappropriate to exercise my discretion in circumstances such as those outlined by the Deputy to facilitate persons who are in breach of immigration law.

Postal Services.

Ruairí Quinn

Ceist:

696 Mr. Quinn asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that an agency (details supplied) under his responsibility has arbitrarily highjacked a postal address of its neighbour and incorporated it into a collective numerical address, which has resulted in the post destined for the original occupant going missing; if he will make arrangements with An Post and the management in the agency concerned to resolve same; and if he will make a statement on the matter. [14981/06]

I understand that the Deputy is referring to the address of the Reception and Integration Agency, RIA, which has a directory listed address of Ardilaun Centre, Block C, 112-114 St. Stephen's Green, Dublin 2. The RIA moved to these premises in December 2002 and has been using the above address since that date. I understand that the address was derived from that previously used by Eircom, which is the main tenant of the Ardilaun Centre. The RIA was not aware of the existence of any duplicate address.

On foot of the Deputy's Parliamentary Question, the RIA has undertaken to make enquiries with An Post, Eircom, the Office of Public Works and the Royal College of Surgeons — the site's owners — as well as the Unitarian Church in order to resolve the matter. The RIA will liaise directly with An Post and the Unitarian Church following this consultation in order to put arrangements in place to manage any misdirected post and any address changes.

Residency Permits.

Bernard J. Durkan

Ceist:

697 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position on the residency application in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [15008/06]

The person concerned arrived in the State on 4 October 2003 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, she was informed by letter dated 23 March 2005 that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why 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. Her 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.

Citizenship Applications.

Bernard J. Durkan

Ceist:

698 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if all documentation required to determine the application for naturalisation in the case of a person (details supplied) in Dublin 22 has been submitted to the relevant section; and if he will make a statement on the matter. [15009/06]

An application from the person referred to in the Deputy's question was received in the citizenship section of my Department in September 2005.

When an application for naturalisation is received, it is examined to determine if the applicant meets the statutory residency criteria. It has been determined that the person concerned fulfils this criteria. His case file has now been stored to be processed further in sequential order with other applications on hand. At present, more than 6,500 applications await processing before the application of the person concerned. As his file will be considered in accordance with the other statutory requirements at the appropriate time it is not possible to say at this stage whether further documentation will be required. It is anticipated the application of the person concerned will be finalised in the latter part of 2007.

As soon as I have reached a decision on the matter I will inform both the applicant and the Deputy of the outcome.

Visa Applications.

Bernard J. Durkan

Ceist:

699 Mr. Durkan asked the Minister for Justice, Equality and Law Reform why the reason given in his reply to Parliamentary Question No. 220 of 30 March 2006 for not allowing reunification of family is not in accord with information furnished directly to the family. [15010/06]

The information given to the Deputy is in accord with the information furnished to the person in question, both directly and through their legal representative.

It would appear that there is however some confusion between the decision letter on the applications for family reunification issued on 5 June 2003 and the decision letter of the review issued on 14 March 2005.

The person who is the subject of this question made an application for family reunification in respect of family members in April 2002. The application was refused on 5 June 2003. The applicant was informed of this decision at that time.

This decision was appealed by the legal representative of the person concerned. Following a re-examination of the application, it was noted that the person concerned was naturalised in July 2001 and became an Irish citizen at that time. Under section 18 of the Refugee Act 1996 only refugees may apply to have family members join them in the State. The legal representative of the person concerned was informed of this on 14 March 2005. As such the person in question has no entitlement to make an application for family reunification.

As previously stated to the Deputy, it is open to the family members of the person concerned to make visa applications to their nearest Irish Embassy outlining the purpose and intended duration of their visit to the State.

Refugee Status.

Bernard J. Durkan

Ceist:

700 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the residency status of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15011/06]

The person concerned with her three children claimed asylum in the State on 20 September 2002. Their claim was examined by the Office of the Refugee Applications Commissioner following which a recommendation was made to me that they should be recognised as refugees.

A formal declaration of refugee status issued to them by letter dated 12 June 2003. This communication also advised them of their rights and entitlements accompanying refugee status in the State.

Asylum Applications.

Bernard J. Durkan

Ceist:

701 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will reconsider his decision to refer the application for refugee status in the case of persons (details supplied) to the UK authorities in view of the fact that they had no control over where they were landed in Europe; if they were the victims of trafficking; and if he will make a statement on the matter. [15012/06]

Before dealing with the specific case of the persons concerned, I would like to explain briefly the workings of the Dublin II regulation, Council Regulation (EC) No. 343/2003. This regulation is intended to prevent the phenomenon of "asylum shopping" across Europe and sets out criteria for determining which member state is responsible for examining an asylum application where applications have been lodged in more than one state. At the same time, it guarantees asylum applicants that one state will process their application, thereby preventing the creation of "refugees in orbit", a situation which had pertained in Europe prior to the introduction in 1995 of its predecessor, namely the Dublin Convention.

Under the Dublin Convention and now the Dublin II regulation, the Office of the Refugee Applications Commissioner can, on the basis of the relevant criteria, request another state to accept responsibility for an asylum application and have it processed in that other state.

In respect of the case of the persons concerned, a husband and wife, they both lodged asylum claims in this State on 8 December 2005. Following investigation, it was determined by the Office of the Refugee Applications Commissioner that pursuant to the provisions of the Dublin II regulation, the United Kingdom was the appropriate state to process their applications as they had already made asylum claims there on 28 September 2004, albeit under different names, nationalities and dates of birth. The persons concerned were offered an opportunity to appeal the determination of the Office of the Refugee Applications Commissioner to the Refugee Appeals Tribunal which they duly did on 10 April 2006 through their legal representatives, and their appeal, which has non-suspensive effect, is still ongoing.

The United Kingdom accepted responsibility for the cases of the persons concerned with the consequence that transfer orders were signed in respect of them on 31 March 2006. These orders issued to the persons concerned on 4 April 2006 requiring them to present themselves to the Garda National Immigration Bureau, GNIB, 13-14 Burgh Quay, Dublin 2 on Monday, 10 April 2006. They presented as requested on that occasion and in accordance with the transfer orders signed in respect of them and the Dublin II regulation, they were duly transferred to the United Kingdom on 13 April 2006.

I have no doubt the Deputy shares my abhorrence of the practice of people trafficking. The tackling of such practices requires co-operation between states, particularly within the EU. It can reasonably be contended that the proper operation of the Dublin II regulations inhibits the practice of people trafficking. The clear spirit and intent of the Dublin II regulation is to have an asylum application examined in the state where such a claim was first lodged, which is what happened here. A system in which persons can move from state to state within the EU claiming asylum would recreate the phenomenon of "asylum shopping", which would benefit only people traffickers.

Bernard J. Durkan

Ceist:

702 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the most appropriate procedure to be followed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15013/06]

The person concerned arrived in the State on 16 June 2001 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 24 June 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 why 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.

The person concerned is not entitled to take up employment as she has not been granted permission to remain in the State. I expect the file to be passed to me for decision in due course.

Bernard J. Durkan

Ceist:

703 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [15014/06]

The person concerned arrived in the State on 25 April 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter dated 30 August 2005 that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State, leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement, and account will be taken of his recent marriage to a person who has been granted leave to remain in the State. I expect the file to be passed to me for decision in due course.

Asylum Support Services.

Bernard J. Durkan

Ceist:

704 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will authorise the transfer of a person (details supplied) in County Kildare to accommodation more adjacent to the Rotunda Hospital, Dublin for the duration of her pregnancy in view of medical information; and if he will make a statement on the matter. [15015/06]

The reception and integration agency, RIA, is responsible for the accommodation of asylum seekers through the policy of direct provision and dispersal. The RIA operates a transfer system for direct provision residents. All asylum seekers accommodated by the RIA are aware of this arrangement and can channel any transfer requests directly to the RIA through this system.

The lady in question gave birth on 27 April 2005 and has been resident at the RIA accommodation centre at the Eyre Powell Hotel, Newbridge since May 2005. I understand the RIA has recently received a request for a transfer to accommodation closer to maternity services from this lady on the grounds that she is pregnant again and needs to be re-accommodated in Dublin city.

The medical correspondence referred to by the Deputy relates to her previous pregnancy. The lady has not provided the RIA with any up to date correspondence from the Rotunda Hospital or any other maternity service to support her transfer request. Her request will be considered as soon as appropriate documentation is received by the RIA.

Residency Permits.

Bernard J. Durkan

Ceist:

705 Mr. Durkan asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 694 of 21 March 2006, if his attention has been drawn to the fact that the family in question has resided here on a self sufficiency basis since they arrived, have not received State aid funds or benefits and that the Irish born child’s father is an EU national; if the children of EU nationals residing here are debarred from sending their children to other than fee paying schools; if the person concerned can revise her application to remain here on the basis of an alternative visa with the object of remaining here with the father of one of her children who is fully entitled to remain here; and if he will make a statement on the matter. [15016/06]

It is open to the person concerned to make an application under the terms of Directive 2004/38/EC on the right of citizens of the European Union and their family members to move and reside freely within the territory of the member states which is due to come into force on 30 April 2006. On receipt of the application all circumstances of the case will be fully considered.

Application forms and further information will be available on my Department's website shortly.

Garda Retirement.

Paul Kehoe

Ceist:

706 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform his plans to change the retirement age for Garda sergeants; the options he is considering; his views on changing same for other ranks; and if he will make a statement on the matter. [15051/06]

The current position is that members of ranks in the Garda Síochána up to and including inspector,who were recruited to the force prior to 1 April 2004, must retire at 57 years of age. Members recruited after that date may serve until 60, subject to an annual check after the age of 55 on fitness to serve.

In the context of the establishment of a Garda reserve, I have said that I see merit in considering an increase in the retirement age of pre-2004 members of garda, sergeant and inspector ranks from 57 to 60 to facilitate the supervision and mentoring of reserve members by members of those ranks. I will discuss this with the Commissioner as part of the wider preparations for the establishment of the reserve.

Residency Permits.

Jerry Cowley

Ceist:

707 Dr. Cowley asked the Minister for Justice, Equality and Law Reform the position of an application (details supplied); if his attention has been drawn to the fact that this person’s spouse works part-time and their children are Irish; and if he will make a statement on the matter. [15063/06]

The person concerned made an application for permission to remain in the State on the basis of being the non-national parent of an Irish born child, born before 1 January 2005, under the revised arrangements announced by me on 15 January 2005.

The closing date for receipt of applications was 31 March 2005. The application from the person concerned was received in my Department on 19 December 2005, almost nine months after the closing date. Accordingly, his application was not considered. The applicant was informed of this decision on 19 December 2005.

All matters relating to the refusal of this application will be taken into account by me in the context of the consideration of the file under the terms of section 3 of the Immigration Act 1999, as amended.

Registration of Title.

Willie Penrose

Ceist:

708 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if, in reference to previous questions concerning the leasing actions of the Land Registry Office, he will confirm the legal status of the statement contained at page 30 of the edition of the Law Society Gazette of 30 July 2004; and if he will make a statement on the matter. [15071/06]

Willie Penrose

Ceist:

709 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if the Land Registry Office is only entitled to issue land certificates upon the payment of the prescribed fee which at the present time is €25; his views on the fact that the Land Registry Office, upon cancelling a land certificate which already has issued is entitled to issue a new one free of charge; the way in which, in this context, the registered owner or the person entitled to be registered owner has to pay twice for the same document; and if he will make a statement on the matter. [15072/06]

Willie Penrose

Ceist:

710 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the reason a land certificate (details supplied) has not been returned to the solicitor acting on behalf of the registered owner, who has had and continues to have lien on same in respect of their costs and outlay until such time as they are paid, despite the fact that the said solicitor lodged with the Land Registry Office form 95 under rule 168 of the Land Registry rules; if, in this context, rule 168 of the Land Registry rules has been changed; if so, the statute, statutory instrument or order under which the change might have occurred; and if he will make a statement on the matter. [15073/06]

Willie Penrose

Ceist:

711 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if the ownership of land certificates in the ordinary way and according to constitutional rights is vested as registered owner or the person entitled to be registered owner; if in this context; the jurisdiction the Land Registry Office has in conjunction and in consultation with the Law Society and representative of the banks and any institution in Ireland to dictate as they have done in accordance with the advertisement set out at page 30 of the July 2004 edition of the Law Society Gazette, to change the Land Registry Office rules and the practices and procedures of the Land Registry Office whereby the land certificate, where a transaction involves the whole of the land therein is retained by the Land Registry Office without the authority or consent of the registered owner or the person entitled to be registered owner; and if he will make a statement on the matter. [15074/06]

I propose to take Questions Nos. 708 to 711, inclusive, together.

In my previous response to the Deputy on this issue on 27 April 2005, I set out in some detail the background to the change in Land Registry practice referred to. My response of that date set out the legal basis for the change in practice as well as consultative process which preceded it and the steps taken to disseminate information regarding the matter to all interested parties. I am further informed that the change of practice has the full support of the Law Society's conveyancing committee. The Deputy should note that no changes have been made to either the land registration rules or the Registration of Title Act 1964 as part of this process.

Under the Registration of Title Act, the Registrar of Titles is responsible for the management and control of the Land Registry and the changes in question fall within the scope of her ongoing management remit.

Prisoner Releases.

Jim O'Keeffe

Ceist:

712 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the details of prisoners who have escaped from prison or who have not returned after temporary release; the length of time they have been on the run; and the steps taken to have them returned to prison. [15083/06]

It has not been possible, within the timeframe available, to collate the information required by the Deputy. I will contact the Deputy directly when the information is to hand.

Visa Applications.

Ruairí Quinn

Ceist:

713 Mr. Quinn asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that a project funded by the Department of Community, Rural and Gaeltacht Affairs was frustrated in holding a celebratory art exhibition to commemorate ten years of work due to the fact that artists who were due to launch their work were denied visitors visas, causing the exhibition to be cancelled and a wasting of public moneys (details supplied); and if he will make a statement on the matter. [15084/06]

The visa applications referred to by the Deputy were received in my Department on 9 March 2006.

When assessing any visa application, the visa officer will consider various matters, including whether it is reasonable in all the circumstances to conclude that the applicants would fully honour the conditions of the visa. The visa officer will also have regard to information provided and to such factors as the applicant's ties and general circumstances in their country of origin. The applications in question were refused because the visa officer could not be satisfied, on the basis of the documentation supplied to my Department, that the applicant would observe the conditions of the visa. In addition, it was felt that the applicants had not displayed sufficient evidence of obligations to return home following the proposed visit.

Appeals against the initial refusal decisions were received on 20 March 2006. Following a re-examination of the applications, the decisions to refuse were upheld on 31 March 2006.

Residency Permits.

Pat Carey

Ceist:

714 Mr. Carey asked the Minister for Justice, Equality and Law Reform when he expects that the application of a person (details supplied) for residency will be determined; and if he will make a statement on the matter. [15085/06]

An application for permission to remain in the State based on marriage to an Irish national was received from the person concerned in October 2005. Applications of this type, in fairness to all other such applicants, are dealt with in strict chronological order and currently take approximately 14 months to process. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State.

Refugee Appeals Tribunal.

Jim O'Keeffe

Ceist:

715 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform to list the former members of the Refugee Appeals Tribunal; the dates of their appointment; and the remuneration paid to each of them in each of the years during which they were members of the tribunal. [15086/06]

The information required by the Deputy in so far as the dates of appointment of former members and the remuneration paid to each of them in each of the years since their appointment is concerned, is set out at Table 1 and Table 2 below. Members of the tribunal are appointed for a term of three years which may be renewed.

As the Deputy is aware, the Refugee Appeals Tribunal is a statutory independent body established under the Refugee Act 1996 in order to deal with appeals against negative recommendations in respect of applications for refugee status issued by the Office of the Refugee Applications Commissioner, ORAC. The tribunal has been in operation since November 2000 and is comprised of a full-time chairperson and 33 part-time members. The tribunal has undertaken a significant job of work since its establishment and had taken some 23,107 decisions up to the end of 2005. It has also tackled the number of appeals on hand on an ongoing basis. It has moved from a situation where it had some 2,596 appeals to clear on 31 January 2004, some 990 of which were six months old, to a situation at the end of March 2006 where it had 1,614 appeals on hand, 421 of which were more than six months old.

In line with the general downwards trend in asylum applications from, for example, 11,634 in 2002 to 4,323 in 2005, the cost of the operation of the tribunal can also be expected to continue to fall. This will allow the continued redeployment of resources from the asylum process to support the capacity of the Irish naturalisation and immigration service, INIS, to enhance service provision in the area of immigration, visas, citizenship etc., as well as increasing the number of persons found not to have a protection need being returned to their country of origin.

Table 1: Former Members of Refugee Appeals Tribunal

Name

Date of Initial Appointment

Date of Cessation of Membership

1. Peter Maguire, SC

20/11/00

22/06/01

2. Judge Sean Delap (deceased)

20/11/00

12/12/01

3. Judge Brian Curtin

03/08/01

30/01/02

4. Judge Bernard Brennan

04/12/01

09/05/02

5. Monica Lawlor, BL

23/01/01

02/08/02

6. Veronica Gates, BL

20/11/00

19/11/03

7. Dympna Cusack, BL

20/11/00

19/11/03

8. Conor Bowman, BL

20/11/00

19/11/03

9. John Ryan, BL*

18/01/01

02/12/03

10. Joseph Ward, BL

23/01/01

22/01/04

11. Judge Gillian Hussey

23/05/02

22/04/04

12. Leonie Hussey O’Brien, BL

10/09/01

09/09/04

13. Con Murphy, Solr.

13/02/01

22/11/04

14. Sunniva McDonagh, BL

20/11/00

25/11/05

15. Doreen Shivnen, BL

23/01/01

23/11/05

*The asterisk denotes the current chairperson.

Table 2: Payments to Tribunal Members

Member

2001

2002

2003

2004

2005

Peter Maguire, SC

14,832.97

Nil

Nil

Nil

Nil

Judge Sean Delap (deceased)

40,216.41

Nil

6,643.27**

Nil

Nil

Judge Brian Curtin

Nil

Nil

Nil

Nil

Nil

Judge Bernard Brennan

Nil

6,805.04

Nil

Nil

Nil

Monica Lawlor, BL

17,796.65

24,336.39

Nil

Nil

Nil

Veronica Gates, BL

5,151.96

10,355.08

3,885.38

Nil

Nil

Dympna Cusack, BL

3,936.19

6,856.63

Nil

Nil

Nil

Conor Bowman, BL

18,482.80

18,257.39

25,167.95

Nil

Nil

John Ryan, BL *

14,383.59

47,430.10

50,478.82

Nil

Nil

Joseph Ward, BL

6,536.61

26,495.48

18,360.48

Nil

Nil

Judge Gillian Hussey

Nil

9,837.35

13,640.00

381.34

Nil

Leonie Hussey O’Brien, BL

Nil

Nil

Nil

Nil

Nil

Con Murphy, Solr.

15,724.44

15,858.00

10,442.91

37,039.32

18,295.20

Sunniva McDonagh, BL

19,041.89

60,794.28

66,159.79

48,027.34

25,846.21

Doreen Shivnen, BL

16,135.83

36,198.83

65,601.99

31,764.93

32,420.44

*The asterisk denotes the current chairperson and the double asterisk indicates that this payment was made in arrears to the estate of Judge Sean Delap.

Garda Training.

Trevor Sargent

Ceist:

716 Mr. Sargent asked the Minister for Justice, Equality and Law Reform the training and resources which are given to the Garda Síochána to comply with its responsibilities as detailed in the reply to Parliamentary Question No. 427 of 7 March 2006; and if he is satisfied that the Garda has the skills necessary to determine cruelty relating to exotic animals. [15097/06]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the Protection of Animals Acts 1911 and 1965 are the principal statutes which prohibit the maltreatment of animals. Section 11 of the 1911 Act extended only to domestic or captive animals. However, section 13(a) of the 1965 Act extended the definition to include all wild animals. By virtue of these provisions, it is unlawful to commit acts of cruelty against any animal.

The responsibility for pursuing complaints of cruelty rests with the Garda Síochána. On receipt of such a complaint, the Garda Síochána has a statutory basis on which to investigate and bring a prosecution against any person alleged to have committed an act of cruelty against an animal. Garda management states it is satisfied that its members are aware of their roles and responsibilities under the Acts.

Question No. 717 answered with QuestionNo. 616.
Question No. 718 answered with QuestionNo. 617.

Registration of Title.

Paul Connaughton

Ceist:

719 Mr. Connaughton asked the Minister for Justice, Equality and Law Reform when a map will issue to a person (details supplied) in County Galway; and if he will make a statement on the matter. [15222/06]

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

Citizenship Applications.

Michael Ring

Ceist:

720 Mr. Ring asked the Minister for Justice, Equality and Law Reform the position regarding a citizenship application by a person (details supplied) in County Mayo. [15223/06]

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

However, I understand that the person concerned has been granted permission to remain in the State on the sole basis of marriage to an Irish citizen. A letter to that effect issued on 24 April 2006.

Deportation Orders.

Bernard J. Durkan

Ceist:

721 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the situation in Nigeria; if this situation was fully examined in the course of determination of deportation in the case of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [15224/06]

I refer the Deputy to my replies to Dáil questions concerning the persons concerned, specifically Question No. 155 of 26 January 2006 and Question No. 191 of 9 March 2006 concerning the husband, together with Question No. 185 of 9 March 2006 concerning the wife and Question No. 219 on 30 March 2006 relating to both of the persons concerned. The position in the State of the persons concerned remains as outlined in those replies.

Refugee Status.

Bernard J. Durkan

Ceist:

722 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency and refugee status in the case of a person (details supplied); and if he will make a statement on the matter. [15225/06]

I refer the Deputy to my replies to Question No. 1,188 of 25 January 2006, No. 179 of 9 February 2006 and No. 321 of 6 April 2006. The position in the State of the person concerned remains as outlined in those replies.

Liquor Licensing Laws.

Paul Kehoe

Ceist:

723 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the origin of the ban on alcohol sales on Good Friday; his views on whether it is appropriate for such a ban to be continued in a modern multidenominational Ireland; his further views on allowing off-licences to open on Good Fridays in the future; and if he will make a statement on the matter. [15226/06]

I have no current proposals for changes in legislative provisions relating to the sale of intoxicating liquor on Good Friday which have their origin in the Licensing (Ireland) Act 1833. However the matter can be debated further in the context of the sale of alcohol Bill which will repeal the Licensing Acts 1833 to 2004 and is due for publication later this year. I should add that the response to last year's consultation process on the draft Bill did not indicate a substantial demand for changes to existing provisions.

Registration of Title.

Willie Penrose

Ceist:

724 Mr. Penrose asked the Minister for Justice, Equality and Law Reform when a dealing for persons (details supplied) in County Westmeath will be finalised; and if he will make a statement on the matter. [15227/06]

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

Visa Applications.

Jim O'Keeffe

Ceist:

725 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if visa arrangements exist for non-EU citizens to come here as volunteers with established churches or other bodies; and his views on same. [15228/06]

No specific arrangements exist regarding the issue of visas to non-EU citizens who wish to travel to Ireland to engage in voluntary work with an established church or other body. All such applications are subject to the usual criteria required for issuing a visa. Details of the documentation required may be found on my Department's website, www.justice.ie.

Garda Stations.

Jim O'Keeffe

Ceist:

726 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the significant concerns expressed at the downgrading of the Garda station in Glengarriff in west Cork, which is being reduced to a one man station; whether he accepts the ongoing need for a continuing Garda presence in the Glengarriff area; if he recognises the enormous increase in population in that area during the tourist season; and if he will discuss with the Garda Commissioner arrangements to restore Garda strength in Glengarriff. [15229/06]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources including personnel, that the personnel strength, all ranks, of the Garda Síochána as at 31 March 2006 was 12,439. This compares with a total strength of 10,702, all ranks, as at 30 June 1997 and represents an increase of 1,737, or 16.2%, in the personnel strength of the force during that period.

I have been further informed that the personnel strength of Glengarriff Garda station as at 25 April 2006 was one sergeant and one garda. Garda management states that there is no proposal to downgrade Glengarriff Garda station. It will remain as a sub-district station and there will be personnel attached to it.

It is the responsibility of the divisional officer to allocate personnel within his or her division in order to provide the best possible service to the public throughout his or her division. In this regard, personnel assigned throughout the division together with the overall strategic and operational strategy are continually monitored and reviewed.

Garda personnel assignments throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and that the best possible Garda service is provided to the general public.

The timescale for achieving the target strength of 14,000 members of the Garda Síochána in line with the commitment in An Agreed Programme for Government remains as when I announced the Government approval in October 2004 for my proposals to achieve this objective. The phased increase in the strength of the Garda Síochána to 14,000 will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of this year. This project is fully on target and will be achieved.

As part of the accelerated recruitment campaign to facilitate this record expansion, 1,125 Garda recruits were inducted to the Garda College during 2005. The college will induct a further 1,100 recruits this year and again in 2007, by way of intakes to the Garda College of approximately 275 recruits every quarter. The first incremental increase of newly attested gardaí under the programme of accelerated recruitment took place on 15 March 2006.

The Garda Commissioner will draw up plans on how best to distribute and manage these additional resources and in this context, the needs of Glengarriff Garda station will be given full consideration.

Garda Training.

Aengus Ó Snodaigh

Ceist:

727 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on the claim of the general secretary of the Association of Garda Sergeants and Inspectors that in respect of firearms training, the Garda Síochána is far behind international best practice; and the steps he will take to rectify this dangerous shortcoming. [15279/06]

The Garda Commissioner has my full support in the provision of firearms training and facilities in the Garda Síochána up to international best practice. The Commissioner will report to me shortly on this issue and I will contact the Deputy with more detailed information on current and proposed arrangements.

European Council Meetings.

Aengus Ó Snodaigh

Ceist:

728 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government will be represented at the Justice and Home Affairs Council in Luxembourg on 27 and 28 April 2006; and if he will make a statement on provisional agenda item number nine, namely, list of safe countries of origin, including in particular the detail of representations the Government will make or positions it intends to take on the matter. [15280/06]

Aengus Ó Snodaigh

Ceist:

729 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government will be represented at the Justice and Home Affairs Council in Luxembourg on 27 and 28 April 2006; and if he will make a statement on provisional agenda item number 14, a proposal for a framework decision on certain procedural rights in criminal proceedings throughout the European Union, including the status of the proposal and in particular the detail of positions the Government intend to take on the matter. [15281/06]

Aengus Ó Snodaigh

Ceist:

733 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government will be represented at the Justice and Home Affairs Council in Luxembourg on 27 and 28 April 2006; and if he will make a statement on provisional agenda item number 15, a proposal for a Council framework decision on the European evidence warrant for obtaining objects, documents and data for use in proceedings in criminal matters, including the status of the proposal and in particular the detail of positions the Government intend to take on the matter. [15318/06]

Aengus Ó Snodaigh

Ceist:

734 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government will be represented at the Justice and Home Affairs Council in Luxembourg on 27 and 28 April 2006; and if he will make a statement on provisional agenda item number 16, a draft framework decision on the application of the principle of mutual recognition to the enforcement of sentences, including the status of the draft and in particular the detail of positions the Government intend to take on the matter. [15319/06]

Aengus Ó Snodaigh

Ceist:

735 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government will be represented at the Justice and Home Affairs Council in Luxembourg on 27 and 28 April 2006; and if he will make a statement on provisional agenda item number 18, a draft framework decision on the fight against organised crime, including the status of the draft and in particular the detail of positions the Government intend to take on the matter. [15320/06]

Aengus Ó Snodaigh

Ceist:

736 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government will be represented at the Justice and Home Affairs Council in Luxembourg on 27 and 28 April 2006; and if he will make a statement on provisional agenda item number 19, a draft framework decision on the consideration of former convictions in new criminal proceedings, including the status of the draft and in particular the detail of positions the Government intend to take on the matter. [15321/06]

Aengus Ó Snodaigh

Ceist:

737 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government will be represented at the meeting of the mixed committee at ministerial level scheduled for the margins of the Justice and Home Affairs Council in Luxembourg on 27 and 28 April 2006; and if he will make a statement on agenda item number 6, namely, scheme information system II, including in particular the status of Ireland’s participation in scheme arrangements and plans to alter the nature or extent of this participation. [15322/06]

Aengus Ó Snodaigh

Ceist:

738 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government will be represented at the meeting of the mixed committee at ministerial level scheduled for the margins of the Justice and Home Affairs Council in Luxembourg on 27 and 28 April 2006; and if he will make a statement on agenda item number 7, a proposal for a Council decision on the improvement of police co-operation between member states of the European Union, especially at the internal borders and amending the convention implementing the scheme agreement, including the status of the proposal and in particular the detail of positions the Government intend to take on the matter. [15323/06]

Aengus Ó Snodaigh

Ceist:

739 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if the Government will be represented at the meeting of the mixed committee at ministerial level scheduled for the margins of the Justice and Home Affairs Council in Luxembourg on 27 and 28 April 2006; and if he will make a statement on agenda item number 8, a framework decision on data protection, including the status of the decision and in particular the detail of positions the Government intend to take on the matter. [15324/06]

I propose to take Questions Nos. 728 and 729 and Questions Nos. 733 to 739, inclusive, together.

I will attend the Justice and Home Affairs Council which will take place in Luxembourg later this week. In that context, my general approach to the discussions will be to support the development of co-operation at EU level in line with the EU treaties. For me, this is particularly important when it comes to strengthening operational co-operation in the fight against terrorism and other forms of serious crime.

With regard to the items on the Council agenda, I should mention that many of the proposals have already been through the procedures provided for under the European Communities (Scrutiny) Act 2002. Additionally, a number of them have been the subject of specific presentations to Members of the Oireachtas. Moreover, Oireachtas approval will be required before Ireland can agree to the adoption of the legislative texts of the proposed framework decisions.

The general situation with regard to the relevant dossiers is that they are, for the most part, the subject of ongoing negotiations. In addition, it is the case that some of the items concerned have been placed on the agenda for information purposes. This includes the question of the adoption of a list of safe countries of origin where a proposal is expected to be introduced by the Commission in the near future.

I would, in particular, like to express my support for the current text of the proposed framework decision on the European evidence warrant. This is an initiative which appears to be close to conclusion and I am hopeful that it can be finalised at an early stage.

As far as the Schengen Convention is concerned, I would like to reiterate that Ireland has successfully applied to operate elements of the Schengen arrangements which are not concerned with the abolition of border checks. The approval of both Houses of the Oireachtas will be necessary in that connection. Accordingly, a motion seeking such approval will be introduced in Dáil Éireann and Seanad Éireann in due course.

Registration of Title.

Michael Ring

Ceist:

730 Mr. Ring asked the Minister for Justice, Equality and Law Reform when a search in form 100 (details supplied) will be dealt with regarding lands in County Donegal; and if this matter will be expedited. [15282/06]

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

Closed Circuit Television Systems.

Fergus O'Dowd

Ceist:

731 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform if closed circuit television, CCTV, cameras will be installed in the Stoneybatter area of Dublin city; and if he will make a statement on the matter. [15283/06]

I have been informed by the Garda authorities that the CCTV advisory committee, that was established by the Garda Commissioner to advise on CCTV matters, has received a report from the Chief Superintendent of the Dublin metropolitan region, north central division, which outlines the CCTV requirements of the division. In this report recommendations were made for the installation of CCTV cameras in the Benburb Street, north quays and Manor Street areas. The report has been considered by the CCTV advisory committee which is currently in consultation with the divisional officer for the Dublin metropolitan region north central division with a view to establishing the priority areas for the installation of CCTV cameras in that region.

As the Deputy may be aware, I launched the community based CCTV scheme last year in response to a demonstrated demand from local communities across Ireland for the provision of CCTV systems. The purpose of the scheme is to support local communities who wish to install and maintain CCTV security systems in their area, with the aim of increasing public safety and reducing the risk of anti-social and criminal activity. The closing date for receipt of applications was 20 September 2005.

Under this scheme, communities could apply for grant aid funding of up to €100,000 from the Department to install a CCTV system in their area. In addition, the Department of Community, Rural and Gaeltacht Affairs gave a commitment to provide successful applicants from RAPID areas with a further grant to a maximum of €100,000 subject to the total grant aid from both Departments not exceeding €200,000 or 100% of the capital costs of the project, whichever is the lesser.

The community based CCTV scheme offered two stages or options that were designed to meet the requirements of communities in both of these situations. Stage 1 offered pre-development supports and possible funding for organisations or groups which were not yet ready to develop their proposals fully or utilise funds. The stage 2 process offered a direct application process to access funds to those organisations which could demonstrate an ability to develop and deliver a CCTV programme immediately.

More than €1 million in grant aid has already been allocated to 37 communities under the scheme and many of these could see their CCTV systems in operation before the end of the year. I plan to make a further call for proposals under the scheme in the coming months and it is open to community groups in the Stoneybatter area to submit an application for funding under the scheme when it is announced.

Registration of Title.

Michael Ring

Ceist:

732 Mr. Ring asked the Minister for Justice, Equality and Law Reform the reason a copy file plan or map of a folio in County Mayo has not issued to a person (details supplied) in County Mayo; and if this matter will be expedited. [15295/06]

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

I understand that in circumstances where the completion of an application in a particular case is urgent, the Land Registry will make every reasonable effort to facilitate such requests on receipt of a written explanation as to the reason underlying the urgency.

Questions Nos. 733 to 739, inclusive, answered with Question No. 728.

European Council Meetings.

Aengus Ó Snodaigh

Ceist:

740 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will raise the need, acknowledged by himself, for the Hague programme to be revisited in view of the rejection of the proposed constitution at the Justice and Home Affairs Council in Luxembourg on 27 and 28 April 2006. [15325/06]

It will be necessary to re-examine the provisions of the Hague programme to take account of the fact that the European constitutional treaty will not have come into effect by the anticipated date of 1 November 2006. In that context, a review mechanism is specifically provided for in the programme.

I anticipate that forthcoming Justice and Home Affairs Councils will be asked to devote specific attention to the future of the Hague programme and I look forward to the discussions that will take place on this matter.

EU Directives.

Aengus Ó Snodaigh

Ceist:

741 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on indications made by the US during the course of the EU-US informal high level meeting on freedom, security and justice on 2 and 3 March 2006 in Vienna, that it is considering approaching each member state to ensure that the data collected on the recently adopted directive on data retention be accessible to them; and if the US have approached the Government to make such a request; and, if so, the Government’s response. [15326/06]

Directive 2006/24/EC of 15 March 2006, on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks, applies to the EU member states only.

At the EU-US informal high level meeting on freedom, security and justice held on 2 and 3 March 2006, the US indicated that it was considering approaching each member state to ensure that the data collected on the basis of the aforementioned directive be accessible to them. In response, the Presidency and the Commission stated that these data were accessible like any other data on the basis of the existing mutual legal assistance, MLA, agreements.

In line with this response, any request for access to specific retained data by any non-EU state would be considered in the context of the existing applicable MLA agreements. I am unaware of any specific approach by the US to confirm that the possibility of the use of MLA agreements is available in this jurisdiction.

International Agreements.

Aengus Ó Snodaigh

Ceist:

742 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on the US expressing serious concern regarding the potential negative impact that the draft framework decision on data protection would have on its bilateral relations with member states during the course of the EU-US informal high level meeting on freedom, security and justice on 2 and 3 March 2006 in Vienna; and if he will make a statement outlining the Government’s position on the draft framework decision, including the way in which it would impact on bilateral agreements or arrangements between Ireland and the US should it be adopted in its present form. [15327/06]

The draft framework decision on the protection of personal data processed in the context of police and judicial co-operation in criminal matters determines common standards to ensure the protection of individuals' personal data. The proposal applies to the sharing of information between member states' law enforcement agencies for the purpose of the prevention, investigation, detection, and prosecution of criminal offences. Ireland broadly supports the thrust of the framework decision. However, in the context of combating organised and other crime, in particular terrorism, trafficking in persons, offences against children, illicit drug trafficking, illicit arms trafficking, corruption and fraud, we are anxious to ensure that a proper balance is struck between ensuring the effective transfer of data between the various law enforcement authorities and protecting individual privacy rights.

As regards the EU-US informal high level meeting on freedom, security and justice on 2 and 3 March 2006 in Vienna, in the course of discussions the EU Presidency indicated that agreements already concluded would not be affected by the framework decision. Negotiations on the framework decision are at a very early stage in the Council working group, the multidisciplinary group on organised crime, mixed committee, and the framework decision is unlikely to be adopted for some time.

Human Rights Issues.

Aengus Ó Snodaigh

Ceist:

743 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on the latest Amnesty International report on extraordinary rendition which exposes the CIA’s practice of using private aircraft operators and front companies to facilitate the United State’s illegal rendition programme; and the steps he has taken to ensure that this does not facilitate the commission of crimes at Shannon airport with greater ease. [15333/06]

I refer the Deputy to the reply to Question No. 374 of today by my colleague, the Minister for Foreign Affairs, Deputy Dermot Ahern.

Registration of Title.

John Perry

Ceist:

744 Mr. Perry asked the Minister for Justice, Equality and Law Reform if he will intervene with the Land Registry Office and have an application processed for a person (details supplied); and if he will make a statement on the matter. [15354/06]

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

Citizenship Applications.

John Perry

Ceist:

745 Mr. Perry asked the Minister for Justice, Equality and Law Reform when an application for naturalisation will be processed for a person (details supplied); and if he will make a statement on the matter. [15357/06]

An application for a certificate of naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department in February 2004.

I am advised by my officials that processing of the application of the person concerned is well advanced and that the file will be presented to me for a decision in the near future. I will inform the Deputy and the applicant when the matter has been finalised.

Visa Applications.

Pat Breen

Ceist:

746 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 213 of 30 March 2006 (details supplied), if the appeal has been examined by a visa appeals officer; and if he will make a statement on the matter. [15413/06]

The appeals referred to by the Deputy were received in the visa office in New Delhi on 27 March 2006 and have been examined by a visa appeals officer.

In the appeal application, the spouse in Ireland stated that in addition to his full-time employment he had secured part-time employment. However, no evidence to support this was submitted with the appeal. The visa appeals officer has requested evidence of this additional employment and is awaiting the response of the applicants.

Crime Levels.

Emmet Stagg

Ceist:

747 Mr. Stagg asked the Minister for Justice, Equality and Law Reform the quarterly breakdown of headline crime incidents in the Carlow-Kildare division for each quarter in 2005 and the first quarter in 2006. [15532/06]

The breakdown of headline crimes recorded per Garda division for 2005 on a quarterly basis are not currently available. As part of Government policing priorities for 2006, I have asked the Garda Síochána to submit quarterly statistics for each Garda division.

The headline crime statistics for 2005 for the Carlow-Kildare Garda division were given in a reply to Parliamentary Question No. 479 of 7 March 2006.

Legal Services.

Ruairí Quinn

Ceist:

748 Mr. Quinn asked the Minister for Justice, Equality and Law Reform if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15774/06]

As the Deputy will be aware, legal advice and representation required by my Department, as opposed to certain of the agencies under its remit, is in the main provided via the Offices of the Attorney General and the Chief State Solicitor. In some instances, however, external legal advice is obtained directly for particular tasks.

During the period in question, legal advice was sought by my Department from Mr. Patrick McCarthy, SC, in regard to the preparation of Ireland's response to a Commission Green Paper on the approximation, mutual recognition and enforcement of criminal sanctions in the European Union. The work was completed in 2005. No fees have been paid to date. I can further inform the Deputy that the Irish Prison Service engaged a firm of solicitors in 2005 to provide legal advice on procurement in regard to the proposed development of the new prison complex at Thornton, County Dublin. A total of €43,277.02 has been paid to the firm to date.

Ruairí Quinn

Ceist:

749 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15788/06]

In so far as the State bodies under my Department's aegis are concerned, in a number of instances legal advisors are employed in a professional capacity by the agencies in question in order to provide in-house advice and expertise necessary for the delivery of their respective statutory objectives. Specifically, the Criminal Assets Bureau employs a bureau legal officer, the Equality Authority employs a legal adviser and two solicitors and the Equality Tribunal employs one legal adviser. Legal researchers are also employed in the Office of the Refugee Applications Commissioner and Refugee Appeals Tribunal, one of the recruitment criteria for which is the possession of a legal qualification.

Ruairí Quinn

Ceist:

750 Mr. Quinn asked the Minister for Justice, Equality and Law Reform if his Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the law offices of the State (1997) that legal advice should be given to the Government only by the Attorney General and his office. [15802/06]

There are no legal advisers employed directly in my Department. However, two agencies operating under the aegis of my Department, the Equality Authority and the Equality Tribunal both employ legal advisers on their staff to assist them in carrying out their quasi-judicial functions.

Special Educational Needs.

Paddy McHugh

Ceist:

751 Mr. McHugh asked the Minister for Education and Science his plans to ensure that Irish sign language is given official recognition by the Government; and if she will make a statement on the matter. [14234/06]

Finian McGrath

Ceist:

806 Mr. F. McGrath asked the Minister for Education and Science if she will meet with the Irish Deaf Society; and if the maximum support on the Irish sign language issue will be given. [14369/06]

Olwyn Enright

Ceist:

878 Ms Enright asked the Minister for Education and Science the reason she disbanded the Advisory Committee on the Education of Deaf Persons prior to a final report or recommendation having been made; if she intends to put anything in its place; and if she will make a statement on the matter. [14986/06]

Olwyn Enright

Ceist:

879 Ms Enright asked the Minister for Education and Science if she will meet with the National Association for Deaf People who have been seeking a meeting with her; and if she will make a statement on the matter. [14987/06]

I propose to take Questions Nos. 751, 806, 878 and 879 together.

The Advisory Committee for the Deaf and Hard of Hearing was established in December 2001. The committee held 38 meetings over a three-year period as well as a number of other meetings at sub-committee stage. From an early stage in the committee's deliberations, it became apparent that there were divergent views among representatives of deaf and hearing persons and their families on approaches to the teaching of the deaf and hard of hearing. The opposing viewpoints made it difficult for the committee to reach decisions. Indeed in some cases, decisions arrived at sub-committee stage were challenged at plenary level by members who were involved in the decisions of the sub-committee.

While various chapters of the committee's report were drafted, including chapters on early intervention, primary education, post-primary education, visiting teacher service and communication issues, no consensus was reached on any of these due to the divergent views of members of the committee. In order to progress matters, and as two previous deadlines which had been set for the report's finalisation had not been met, my predecessor, the Minister, Deputy Noel Dempsey, met the committee in June 2004. At that meeting, the then Minister for Education and Science, Deputy Noel Dempsey, stressed that its report should be completed by October 2004. This did not happen.

In the circumstances and following consultations between my officials and the chairperson of the committee, I formed the view that there was no prospect of the advisory committee reaching an agreed position in the foreseeable future. Given this position, I wrote to the chairperson of the committee and informed her of my decision to disband it.

I am disappointed that it was not possible for the committee to complete its work but the reality was that, over three years after its establishment, there was no prospect of it doing so. Rather than continue down the cul-de-sac that the committee's work had become, I have decided that a different approach is required which includes involving the national council for special education which has a remit to advise my Department on policy matters.

I am confident that the national council for special education, which has a research function and part of whose remit is to advise my Department on policy matters will be in a position, after undertaking appropriate research and analysis of this matter, to advise my Department on policy and other issues relating to the education of deaf and hard of hearing pupils. Indeed, I understand from the NCSE work is progressing on this issue and I am satisfied that this important issue in receiving appropriate attention.

In regard to Irish sign language, ISL, I wish to advise the Deputies that ISL has formal recognition in the Education Act 1998. Under the Act, it is a function of the Minister for Education and Science to ensure, subject to the provisions of the Act, that there is made available to each person resident in the State, including a person with a disability or who has other special educational needs, support services and a level and quality of education appropriate to meeting the needs and abilities of that person. This includes provision for students learning through ISL.

A number of initiatives which seek to promote, develop and implement ISL in order that it will achieve greater recognition and use in the education system are currently in place. These include the following. The special schools for the deaf in Cabra, Dublin, have been encouraged in regard to the use of sign language in class. In-service training is provided in the use of ISL. My Department has provided funding for an ISL weekly home tuition service whereby deaf tutors visit the homes of deaf pre-school children and deaf school-going pupils to provide training in ISL for the deaf children-pupils, their siblings and parents.

My Department has sanctioned a pre-school for deaf children on a pilot basis. Programmes are delivered through the medium of ISL as a first language. My Department also provides funding towards ISL tuition to the siblings of the children enrolled.

My Department, through the Higher Education Authority, has established and fully funds a centre for deaf studies in Trinity College, Dublin, which provides diploma courses for ISL-English interpreters, deaf tutors and in deaf studies. The course modules deal with issues such as sign linguistics, bilingualism and socio-linguistics of sign language. The course is delivered in seminar sessions-group work and the award of the diploma is based on continued assessment and a project and course design.

My colleague, the Minister of State with responsibility for adult education, recently launched the first in a series of instructional DVDs. These DVDs were developed by the Irish Deaf Society with funding from the Department of Education and Science, under the Education Equality Initiative, which provides pilot funding for innovative projects aimed at adults who are educationally disadvantaged. This is the first in a series that will provide instruction in English through ISL to deaf adults. Funding covers the period 2004 to 2006 and is assisted by the European Structural Funds.

My officials will be in contact with the two groups in question concerning their request for a meeting.

Higher Education Grants.

Ruairí Quinn

Ceist:

752 Mr. Quinn asked the Minister for Education and Science if she has plans to centralise administration of the third level grants scheme; and if she will make a statement on the matter. [14597/06]

Ruairí Quinn

Ceist:

753 Mr. Quinn asked the Minister for Education and Science the plans which the Government has to centralise administration of the third level grants scheme; and if she will make a statement on the matter. [14603/06]

Ruairí Quinn

Ceist:

819 Mr. Quinn asked the Minister for Education and Science the cost to local authorities of administering their part of the third level education grants scheme; if the Government has plans to centralise administration of the third level grants scheme; and if she will make a statement on the matter. [14617/06]

Mary Upton

Ceist:

823 Dr. Upton asked the Minister for Education and Science her plans to rationalise student financial supports; and if she will make a statement on the matter. [14641/06]

Bernard J. Durkan

Ceist:

826 Mr. Durkan asked the Minister for Education and Science if she has studied the document produced by Union of Students in Ireland entitled Funding Fairness; if she intends to adopt, implement or amend all or any of the proposals or recommendations; and if she will make a statement on the matter. [14654/06]

Michael Ring

Ceist:

841 Mr. Ring asked the Minister for Education and Science if she will introduce a standardised single application and assessment procedure in relation to student supports; if she will make information on financial supports more widely available in a range of accessible formats; her plans to set up a single agency to administer one unified grant scheme; and if she will make a statement on the matter. [14786/06]

Michael Ring

Ceist:

844 Mr. Ring asked the Minister for Education and Science if she will expand the grant support for students to include provision for child care and equipment; and if she will modify the way grants are paid to ensure that students receive payment within a month of starting college. [14789/06]

I propose to take Questions Nos. 752, 753, 819, 823, 841 and 844 together.

The Deputies will be aware that in accordance with the commitment in An Agreed Programme for Government, I plan to introduce a single unified scheme of maintenance grants for students in higher education. This will provide for a more coherent administration system which will facilitate consistency of application, improved client accessibility and ensure the timely delivery of grants to those who need them most. The maintenance grants are reviewed annually and improvements made as necessary, having regard to available resources.

I attach particular importance to the issue of the quality and timeliness of information for students in regard to the financial supports which may be available to them. A number of initiatives have been taken by my Department in this regard, including the issuing of an information sheet direct to each CAO applicant. I have also asked the National Office for Equity of Access to Higher Education to review existing information strategies and to bring forward proposals for additional initiatives which I expect to have in the near future.

In regard to the future administration of the schemes, as I indicated previously, my Department has been engaged in substantial consultations with the key stakeholders in order to map the most logical and effective arrangements for the future structure and administration of the student support schemes. These discussions have substantially clarified the positions of the various stakeholders and interest groups in regard to the future administration possibilities for student support. I expect to be in a position in the coming weeks to decide on a strategy, having regard to the many and complex issues involved, to give effect to the programme for Government commitment to the payment of the maintenance grants through a unified and flexible payment scheme. The arrangements to be put in place will involve clearly defined targets for the delivery of a quality and timely service to applicants for maintenance grants, including the expeditious payment of grants to applicants who comply with the terms of the schemes. The arrangements for the future administration will be provided for in new statutory framework through a student support Bill. I expect to be in a position to seek Government approval in the near future for the drafting of the Bill. The following table sets out the local contribution by the local authorities in respect of the higher education grants scheme. The local authorities and the VECs incur expenditure in respect of staffing costs and overheads in administering the schemes for which they are responsible at present.

Fixed Contribution Payable by Local Authority

IR£

EURO

Carlow

5,039.73

6,399.14

Cavan

8,045.65

10,215.87

Clare

8,130.00

10,322.97

Cork Corporation

14,589.76

18,525.17

Cork County Council

48,330.00

61,366.44

Donegal

5,819.00

7,388.61

Dublin Corporation

47,893.59

60,812.31

Dún Laoghaire/Rathdown

5,327.66

6,764.73

Fingal

5,327.65

6,764.72

South Dublin

5,327.65

6,764.72

Galway

12,488.33

15,856.91

Kerry

15,226.00

19,333.03

Kildare

6,003.41

7,622.76

Kilkenny

11,772.00

14,947.36

Laois

10,630.00

13,497.32

Leitrim

4,114.00

5,223.70

Limerick Corporation

5,288.69

6,715.25

Limerick County Council

12,795.21

16,246.57

Longford

2,889.87

3,669.38

Louth

4,945.20

6,279.11

Mayo

10,565.00

13,414.78

Meath

11,061.77

14,045.55

Monaghan

8,728.65

11,083.10

Offaly

8,562.15

10,871.69

Roscommon

10,255.84

13,022.23

Sligo

5,128.44

6,511.78

Tipperary NR

10,875.00

13,808.40

Tipperary SR

17,573.00

22,313.11

Waterford Corporation

2,551.84

3,240.17

Waterford County Council

6,842.50

8,688.18

Westmeath

7,595.00

9,643.66

Wexford

9,222.33

11,709.94

Wicklow

4,740.92

6,019.73

Totals

449,088.38

Disadvantaged Status.

Michael Ring

Ceist:

754 Mr. Ring asked the Minister for Education and Science the effect the loss of disadvantaged status will have on school development planning in view of the fact that the planning was based on the premise that such schools would retain this status; if the policies and procedures developed in consideration of the resource allocation entitlements under disadvantaged status will be rendered null and void; and if so, the way in which schools which have been informed that they will lose disadvantaged status can plan forward. [14215/06]

Michael Ring

Ceist:

755 Mr. Ring asked the Minister for Education and Science the reason some primary and secondary schools within the same catchment or feeder area will gain or lose disadvantaged status under the new integrated schools support programme under the DEIS scheme; and if she will make a statement on the matter. [14216/06]

Michael Ring

Ceist:

758 Mr. Ring asked the Minister for Education and Science the number of schools in County Mayo which will lose their disadvantaged status post 2007 as a result of the new indicators in the integrated schools support programme envisaged under the Delivering Equality of Opportunity in Schools; and if she will make a statement on the matter. [14219/06]

Michael Ring

Ceist:

814 Mr. Ring asked the Minister for Education and Science if she will review the decision to exclude a primary school (details supplied) in County Mayo from the new school support programme under DEIS; and if she will make a statement on the matter. [14489/06]

Beverley Flynn

Ceist:

821 Ms Cooper-Flynn asked the Minister for Education and Science the status of development plans for schools which were based on their having disadvantaged status, but who are to lose it under DEIS; and the way in which they can plan going forward. [14619/06]

Beverley Flynn

Ceist:

822 Ms Cooper-Flynn asked the Minister for Education and Science the way in which some schools in County Mayo within the same catchment area will gain or lose disadvantaged status when the same students are transferring from one school to another; and the criteria involved in this decision. [14620/06]

Michael Ring

Ceist:

830 Mr. Ring asked the Minister for Education and Science if she will review the loss of disadvantaged status to a cluster of schools (details supplied) in County Mayo in view of the negative effect this decision will have on the schools and the future educational development of their pupils; and if she will make a statement on the matter. [14696/06]

Jerry Cowley

Ceist:

840 Dr. Cowley asked the Minister for Education and Science the reason a school (details supplied) in County Mayo is to lose the equivalent of two teachers and many other essential school activities due to the withdrawal of funding; her views on whether this is a severe blow to this school, which is in a deprived area; the reason this is happening; and if she will make a statement on the matter. [14742/06]

Michael Ring

Ceist:

846 Mr. Ring asked the Minister for Education and Science the name, location and roll number of each school in County Mayo, both primary and post-primary, which have disadvantaged status; and the schools which will retain that status under the new school support programme under DEIS. [14791/06]

Michael Ring

Ceist:

847 Mr. Ring asked the Minister for Education and Science the number of schools, both primary and secondary, which will lose disadvantaged status under the school support programme under DEIS. [14793/06]

Michael Ring

Ceist:

854 Mr. Ring asked the Minister for Education and Science if she will review the loss of disadvantage status post 2007 for a primary school (details supplied) in County Mayo, based on revised figures submitted by the school. [14858/06]

Michael Ring

Ceist:

865 Mr. Ring asked the Minister for Education and Science the schools in County Mayo which are losing disadvantaged status under the new DEIS. [14959/06]

Michael Ring

Ceist:

866 Mr. Ring asked the Minister for Education and Science the way in which schools within the same catchment area have disadvantaged status while others do not. [14962/06]

Michael Ring

Ceist:

867 Mr. Ring asked the Minister for Education and Science the implications for those schools which have not been invited to participate in the new school support programme; if they will lose teachers; if they will lose their home school community liaison co-ordinators; if they will receive less financial resources; and if so, if parents in County Mayo are expected to match this investment deficit; and if she will make a statement on the matter. [14963/06]

Michael Ring

Ceist:

869 Mr. Ring asked the Minister for Education and Science if schools in County Mayo are victims of their own success in view of their exclusion under the new DEIS. [14965/06]

Michael Ring

Ceist:

871 Mr. Ring asked the Minister for Education and Science the reason, in the context of a booming economy and a healthy exchequer cashflow, schools in County Mayo are fighting to retain or gain disadvantaged status. [14967/06]

I propose to take Questions Nos. 754, 755, 758, 814, 821, 822, 830, 840, 846, 847, 854, 865 to 867, inclusive, 869 and 871 together.

The new DEIS programme will be of huge benefit to schools in Mayo. I am sure the Deputies would agree that it is important to make sure that schools serving the most disadvantaged communities get all the extra support possible and will welcome the extra resources that DEIS will provide for Mayo schools. I can assure the Deputies that there is no reason for schools that have not been identified for the new programme to worry as they will continue to get support in line with the level of disadvantage among their pupils. Not one of these schools has been told they will lose any resources as a result of DEIS.

DEIS is designed to ensure that schools serving the most disadvantaged communities benefit from the maximum level of support available. Over the years, no less than eight separate schemes for disadvantaged primary schools have been put in place. Some schools were benefiting from just one or two of these and others were benefiting from more. The DEIS initiative is designed to ensure that the most disadvantaged schools benefit from a comprehensive package of supports, while ensuring that others continue to get support in line with the level of disadvantage among their pupils.

The additionality in DEIS for second level schools is evident from the fact that approximately 40% of the 200 second level schools that will benefit from the school support programme were not getting any support under the three existing schemes. Now they will get a wide range of extra supports. No school has been told that they are going to lose resources. On the contrary, four urban-town primary schools, 59 rural primary schools and six second level schools in Mayo have been invited to benefit from all the resources available from the new programme. Indeed, almost 20% of all the rural schools invited to benefit from the new programme nationally are in Mayo.

I am sure the Deputies will agree that the extra supports being made available will be of great value to those schools in Mayo which, based on the information submitted by their principals, have been selected to benefit from the new programme.

While the whole rationale behind the new programme is to ensure that the most disadvantaged schools benefit from all of the available supports, schools that are benefiting from existing schemes will keep the extra resources — financial and human — that they are getting under these initiatives for the 2006-07 school year. After that they will continue to get support in line with the level of socio-economic disadvantage among their pupils.

A review process has been put in place for primary and second level schools that did not qualify for participation in the new school support programme, SSP, and that regard themselves as having a level of disadvantage which is of a scale sufficient to warrant their inclusion in the programme. The review process will operate under the direction of an independent person, charged with ensuring that all relevant identification processes and procedures were properly followed in the case of schools applying for a review. The closing date for receipt of review applications was Friday, 31 March 2006.

In regard to how schools were identified to benefit from the new programme, this process was managed by the educational research centre, ERC, on behalf of my Department and supported by quality assurance work co-ordinated through the Department's regional offices and the inspectorate. In the primary sector, the identification process was based on a survey carried out by the ERC in May 2005, from which a response rate of more than 97% was achieved.

The analysis of the survey returns from primary schools by the ERC identified the socio-economic variables that collectively best predict achievement, and these variables were then used to identify schools for participation in the school support programme. The variables involved were as follows: % unemployment; % local authority accommodation; % lone parenthood; % Travellers; % large families (five or more children); % pupils eligible for free books. In the case of second-level schools, the Department supplied the ERC with centrally held data from the post-primary pupils and State Examinations Commission databases. Based on an analysis of these data, the variables used to determine eligibility for inclusion in the school support programme were as follows: medical card data for junior certificate candidates, including junior certificate school programme candidates; junior certificate retention rates by school; junior certificate examination results aggregated to school level, expressed as an OPS; "Overall Performance Scale"— score, and this was based on each student's performance in the seven subjects in which she or he performed best; leaving certificate retention rates by school.

Michael Ring

Ceist:

756 Mr. Ring asked the Minister for Education and Science if she will review the criteria used to determine disadvantage in order that it is based on a more holistic set of indicators such as those used in a report (details supplied). [14217/06]

Michael Ring

Ceist:

757 Mr. Ring asked the Minister for Education and Science the reason pupil achievement and retention is being used as a primary indicator for disadvantage in the new integrated schools support programme under the DEIS scheme; the way in which academic achievement can be used as a prime indicator while failing to take cognisance of the more basic social and economic indicators; and if she will make a statement on the matter. [14218/06]

Michael Ring

Ceist:

864 Mr. Ring asked the Minister for Education and Science her views on whether the indicators used to determine educational disadvantage adequately capture educational disadvantage in schools in County Mayo. [14958/06]

Michael Ring

Ceist:

868 Mr. Ring asked the Minister for Education and Science her views on taking a more localised approach to determining disadvantage, which would allow for a more holistic evaluation of the factors which are contributing to educational disadvantage in communities across County Mayo. [14964/06]

I propose to take Questions Nos. 756, 757, 864 and 868 together.

The process of identifying primary and second-level schools for participation in the new school support programme under DEIS has now been completed. As a result of the identification process, 840 schools have been invited to participate in the new programme. These comprise 640 primary schools — 320 urban-town schools and 320 rural schools — and 200 second-level schools. Letters of invitation were issued to all 840 schools in late February with a request to complete and return an acceptance form by 10 March 2006.

Four urban-town primary schools, 59 rural primary schools and six second level schools in County Mayo have been invited to participate in the new school support programme.

The identification process was managed by the educational research centre, ERC, on behalf of my Department and supported by quality assurance work co-ordinated through the Department's regional offices and the Inspectorate. The ERC's overall approach was guided by the definition of educational disadvantage in section 32(9) of the Education Act 1998 as "the impediments to education arising from social or economic disadvantage which prevent students from deriving appropriate benefit from education in schools". In the primary sector, the identification process was based on a survey of all primary schools in May 2005, from which a response rate of more than 97% was achieved.

The analysis of the survey returns by the ERC identified the socio-economic variables that collectively best predict achievement, and these variables were then used to identify schoolsfor participation in the school support programme. The variables involved are as follows: % unemployment; % local authority accommodation; % lone parenthood; % Travellers; % large families (five or more children); % pupils eligible for free books.

In the case of second-level schools, my Department supplied the ERC with centrally held data from the post-primary pupils and State Examinations Commission databases. Based on an analysis of these data, the variables used to determine eligibility for inclusion in the school support programme were as follows: medical card data for junior certificate candidates, including junior certificate school programme candidates; junior certificate retention rates by school; junior certificate examination results aggregated to school level, expressed as an OPS —"Overall Performance Scale"— score, and this was based on each student's performance in the seven subjects in which he or she performed best;leaving certificate retention rates by school.

A review mechanism has been put in place to address the concerns of schools that did not qualify for inclusion in the school support programme but regard themselves as having a level of disadvantage which is of a scale sufficient to warrant their inclusion in the programme. This mechanism will operate under the direction of an independent person, charged with ensuring that all relevant identification processes and procedures were properly followed in the case of schools applying for a review. The closing date for receipt of review applications was 31 March 2006. It is anticipated that the review process will be completed by the end of the current school year.

I am satisfied that the method adopted by the ERC in identifying levels of disadvantage in primary and second level schools is the most appropriate and effective approach currently available. The future development of pupil-student databases at primary and further education level and the continuing development of the existing post-primary pupils database and student databases in higher education institutions, all using the personal public service number, will further enhance the identification process for future planning cycles. These developments will also facilitate co-operation with other Departments and agencies in identifying levels of disadvantage in schools.

Question No. 758 answered with QuestionNo. 754.

Breeda Moynihan-Cronin

Ceist:

759 Ms B. Moynihan-Cronin asked the Minister for Education and Science if her attention has been drawn to the fact that there are no Traveller representatives on the educational disadvantage committee; and if she will agree to appoint a Traveller representative immediately. [14221/06]

The role of the educational disadvantage committee is to advise on policies and strategies to be adopted to identify and correct educational disadvantage. The term of office of the previous committee has expired and my Department has written to the education and social partners seeking their views on the composition and future work of the next committee. These have been received and are under consideration.

Members of the committee are appointed in accordance with section 32 of the Education Act 1998. Under section 32(3) of the Act, up to half of the membership of the committee will be appointed from nominees of such voluntary and other bodies which have objects that are considered relevant to the work of the committee.

Bullying in Schools.

Olwyn Enright

Ceist:

760 Ms Enright asked the Minister for Education and Science the role of her Department in response to bullying amongst staff members in a vocational educational committee school; the action which will be taken by her Department; and if she will make a statement on the matter. [14222/06]

Olwyn Enright

Ceist:

761 Ms Enright asked the Minister for Education and Science the reason her Department asked for a person (details supplied) in County Offaly to furnish them with a report in relation to issues of bullying; the reason they also sought a report of this from the school and from the vocational educational committee in question; the reason no further action has been taken by her Department by seeking these reports; and if she will make a statement on the matter. [14223/06]

I propose to take Questions Nos. 760 and 761 together.

Issues of staff discipline in schools are matters to be dealt with by the individual school authority, as employer, within the procedures agreed between the representative management and union bodies. My Department's role is limited to ensuring that fair and reasonable procedures were applied by the school authority concerned. It is open to a teacher, who alleges a lack of fair procedure in a school authority's handling of a complaint under a grievance or disciplinary procedure, to approach my Department in this regard or to pursue the matter through the various avenues provided under employment legislation.

My Department is currently considering the reports received in regard to the matters raised by the person named by the Deputy and expects to finalise its position shortly.

School Curriculum.

Róisín Shortall

Ceist:

762 Ms Shortall asked the Minister for Education and Science if information relating to nutrition and healthy eating appears on the curriculum for secondary school students; if there are plans to increase the number of students who receive information on this subject; and if she will make a statement on the matter. [14224/06]

Our schools promote, support and encourage healthy eating and physical exercise in a range of ways. All second level schools have been required to provide social, personal and health education as part of the junior cycle curriculum since September 2003. The aims of this programme include preparing students for responsible decision-making and promoting their physical, mental and emotional health and well-being. It aims to make students aware of the elements of a balanced diet and the importance of healthy eating for physical and mental well-being and also to develop awareness of the importance of rest and exercise for health and well-being.

Physical education is also part of the curriculum and plays a key role not just in giving students an opportunity to exercise during the school day but also in encouraging a positive attitude towards physical activity which students will hopefully carry with them into adult life.

Apart from curricular provision, schools can implement measures to encourage physical activity during school breaks and schools already play a major role in promoting the involvement of students in sporting activities in the wider community. Sports organisations such as the Gaelic Athletic Association, Basketball Ireland and the Football Association of Ireland, provide extensive opportunities for schools to participate in sport.

Together, the above initiatives ensure that students not only get opportunities to exercise at school but also learn about balanced nutrition and making good food choices. Schools are playing their part in terms of promoting a healthy diet and adequate physical exercise for students. However, it is important to remember that students spend just 20% of their waking hours at school, therefore, schools can only do so much with regard to promoting exercise and healthy eating and the main role must rest with parents.

Schools Refurbishment.

John Gormley

Ceist:

763 Mr. Gormley asked the Minister for Education and Science if her attention has been drawn to the fact that a school (details supplied) in Dublin 4 is currently planning its refurbishment; if her attention has further been drawn to the fact that, having completed stage 2 in the planning process, it is now awaiting permission from her Department to proceed with stage 3; if such permission will be forthcoming; and if she will make a statement on the matter. [14304/06]

The building project for the school referred to by the Deputy is at an early stage of architectural planning.

A revised stage 2 submission, outline sketch scheme, was received in my Department in January 2006. However, the issue of decanting was not addressed in the revised submission. Officials from my Department wrote to the school authorities advising them that this issue needs to be addressed before the stage 2 submission can be assessed. As the board of management is the client for this project, responsibility for ensuring that this information is submitted to my Department lies with them.

On receipt of this information, the stage 2 submission can be assessed.

Grant Payments.

John Gormley

Ceist:

764 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14305/06]

John Gormley

Ceist:

765 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14306/06]

John Gormley

Ceist:

766 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14307/06]

John Gormley

Ceist:

767 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 2; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14308/06]

John Gormley

Ceist:

768 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 4; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14309/06]

John Gormley

Ceist:

769 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 4; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14310/06]

John Gormley

Ceist:

770 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 4; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14311/06]

John Gormley

Ceist:

771 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 4; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14312/06]

John Gormley

Ceist:

772 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14313/06]

John Gormley

Ceist:

773 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14314/06]

John Gormley

Ceist:

774 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14315/06]

John Gormley

Ceist:

775 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14316/06]

John Gormley

Ceist:

776 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14317/06]

John Gormley

Ceist:

777 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6w; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14318/06]

John Gormley

Ceist:

778 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 8; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14319/06]

John Gormley

Ceist:

779 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 8; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14320/06]

John Gormley

Ceist:

780 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) ; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14321/06]

John Gormley

Ceist:

781 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied); the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14322/06]

John Gormley

Ceist:

782 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 4; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14323/06]

John Gormley

Ceist:

783 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 4; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14324/06]

John Gormley

Ceist:

784 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14325/06]

John Gormley

Ceist:

785 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 2; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14326/06]

John Gormley

Ceist:

786 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6W; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14327/06]

John Gormley

Ceist:

787 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 4; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14328/06]

John Gormley

Ceist:

788 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 2; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14329/06]

I propose to take Questions Nos. 764 to 788, inclusive, together.

The information is not readily available in the format requested by the Deputy. However, all primary and post-primary schools receive a broad range of grants which include payment of teachers salaries, capitation and other related grants, grants towards the provision of secretarial and caretaking services, capital grant aid, including the minor works grant at primary level, grant aid under the summer works scheme and under the rental of temporary accommodation scheme and transport services grant.

John Gormley

Ceist:

789 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 4; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14330/06]

John Gormley

Ceist:

790 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6W; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14331/06]

John Gormley

Ceist:

791 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 8; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14332/06]

John Gormley

Ceist:

792 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 8; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14333/06]

John Gormley

Ceist:

793 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 4; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14334/06]

John Gormley

Ceist:

794 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14335/06]

John Gormley

Ceist:

795 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 4; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14336/06]

John Gormley

Ceist:

796 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 4; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14337/06]

John Gormley

Ceist:

797 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 4; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14338/06]

John Gormley

Ceist:

798 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 6W; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14339/06]

John Gormley

Ceist:

799 Mr. Gormley asked the Minister for Education and Science the grants applied for to her Department by a school (details supplied) in Dublin 4; the response of her Department to these applications; the assistance and money received to date; and if she will make a statement on the matter. [14340/06]

I propose to take Questions Nos. 789 to 799, inclusive, together.

The information is not readily available in the format requested by the Deputy. However, all primary and post-primary schools receive a broad range of grants which include payment of teachers salaries, capitation and other related grants, grants towards the provision of secretarial and caretaking services, capital grant aid, including the minor works grant at primary level, grant aid under the summer works scheme and under the rental of temporary accommodation scheme and transport services grant.

Schools Building Projects.

Michael Lowry

Ceist:

800 Mr. Lowry asked the Minister for Education and Science if a school (details supplied) in County Tipperary will be included in the building and modernisation programme during 2006; if not, the reason for this decision; and when the school can expect to be included. [14349/06]

The school planning section of my Department is in receipt of an application for a new PE facility at the school to which the Deputy refers. The application has been assessed in accordance with the published prioritisation criteria for large scale projects. The project has been assigned a band 4 rating. Progress on the proposed works is being considered in the context of the school building and modernisation programme from 2006 onwards.

Youth Services.

Michael Lowry

Ceist:

801 Mr. Lowry asked the Minister for Education and Science when she expects to publish a report on the review on the provision of youth information; the cost of the report; the financial implications of the recommendations contained in the report; when she expects to begin to implement the findings of the report; and if she will make a statement on the matter. [14350/06]

The review of youth information provision, which is being carried out by A&L Goodbody Consulting, commenced in June 2005. The estimated cost of the review is €64,130. Discussions between my Department and the consultants are at an advanced stage with a view to finalising the report. Following these discussions the youth information steering group — a sub-committee of the national youth work advisory committee- will review the final document to ensure that the terms of reference have been appropriately dealt with by the consultants.

It is expected that the national youth work advisory committee or NYWAC will then consider the contents of the report and that the report, together with any views of the NYWAC, will be presented for my consideration. Following due consideration of all aspects of the report, including financial aspects, decisions in relation to the implementation of findings and the publication of the review will then be made.

Schools Building Projects.

Jack Wall

Ceist:

802 Mr. Wall asked the Minister for Education and Science when a project (details supplied) in County Kildare is likely to advance to planning and construction phases; and if she will make a statement on the matter. [14351/06]

Officials in the school planning section of my Department have been working on the next tranche of large scale projects to proceed under the school building and modernisation programme this year and the school in question is included in that body of work. As it is a high priority project, it will be given approval to proceed right through to tender and construction over the next 12 to 15 months. I will be announcing a list of projects in this category type in the coming days and the project concerned will be included in that list.

John McGuinness

Ceist:

803 Mr. McGuinness asked the Minister for Education and Science if a school (details supplied) in County Kilkenny was inspected recently relative to the need for a new school or a complete refurbishment and extension to the existing school; the plans her Department has to meet the needs of the school; and if she will make a statement on the matter. [14352/06]

Phil Hogan

Ceist:

804 Mr. Hogan asked the Minister for Education and Science her plans in respect of a new school or extension to a school (details supplied) in County Kilkenny; and if she will make a statement on the matter. [14353/06]

I propose to take Questions Nos. 803 and 804 together.

The school planning section of my Department is in receipt of an application for a new school building from the school to which the Deputy refers. The long-term accommodation requirements of the school are being assessed in the context of the demographics of the area. When this has been completed, a technical inspection will be carried out on the existing buildings to inform the accommodation solution for the level of demand for pupil places expected to present. When theses issues are finalised, the project will be considered for progression in the context of the school building and modernisation programme from 2006 onwards.

School Records.

Gay Mitchell

Ceist:

805 Mr. G. Mitchell asked the Minister for Education and Science if she will ensure that a person (details supplied) in Dublin 10 is provided with records of their school attendance. [14365/06]

The type of records referred to by the Deputy are not available in my Department. However, records may be retained locally and contact should be made with the chairperson of the board of management of each of the individual schools concerned who may be able to assist in this matter.

Question No. 806 answered with QuestionNo. 751.

School Transport.

Joan Burton

Ceist:

807 Ms Burton asked the Minister for Education and Science the action she intends to take regarding the lack of a child protection policy for children with special needs who are transported to school by taxi, a service subcontracted out by Bus Éireann due to the lack of suitable buses; if her attention has been drawn to the fact that there is no vetting process for these taxi drivers and the only criteria for tendering is to own a public service vehicle licence; when legislation will be enacted to protect children in this vulnerable situation; and if she will make a statement on the matter. [14407/06]

Bus Éireann is responsible for the day-to-day operation of the school transport service on behalf of my Department. More than 135,000 children are carried on school transport services each day to primary and post-primary schools including about 8,000 children with special educational needs. The cost of transporting children with special educational needs, including grants, now accounts for about 33% of the overall allocation for school transport. The allocation for school transport in 2006 is €152 million.

Bus Éireann endeavours to provide the best possible transport service for children with special needs. The size of vehicle required is determined by the number of special needs pupils requiring the service and the suitability of the vehicle to meet the requirements of the pupil. The Deputy will appreciate that it is not always possible to facilitate a child, by virtue of his or her special needs, on a regular school transport service. Furthermore, many children with special needs travel long distances from home to school, and individual school transport, such as a taxi service, may be deemed to be the most suitable and appropriate mode of transport.

In the education sector, vetting is available in respect of prospective employees of children in detention schools, as well as special needs assistants and bus escorts accompanying children with special needs. My colleague Deputy Brian Lenihan, the Minister for State with responsibility for children, announced a doubling of the number of staff employed in the Garda central vetting unit, which has been relocated to Thurles under the Government's decentralisation programme, to ensure it can handle a greater volume of requests from employers. The provision of additional staff resources will enable the Garda Síochána's vetting services to be extended to all persons working with children and vulnerable adults. This will include teachers, caretakers, bus drivers and others working with children, whether on a full-time or part-time basis.

My Department allocates funding to schools to enable them to employ escorts on school transport services. These escorts are specifically engaged by the schools to cater for children with special educational needs whose care requirements are such as to necessitate continuous support. These escorts are a valuable service for children with special needs who require assistance.

Special Educational Needs.

Tony Gregory

Ceist:

808 Mr. Gregory asked the Minister for Education and Science the assistance that will be given to persons (details supplied) in County Carlow. [14408/06]

As the Deputy is aware the National Council for Special Education, the NCSE, is now operational. A specific function of the NCSE, through its network of local special educational needs organisers, SENOs, is to identify appropriate educational placements for all children with special educational needs, including children with autism. The local SENO is continuing to liaise with the parent concerned regarding an appropriate educational placement for the child in question.

School Services Staff.

Olwyn Enright

Ceist:

809 Ms Enright asked the Minister for Education and Science the reason a person who holds a director’s post in a school of 1,000 students (details supplied) in Dublin 17 is not entitled to a secretary or office support; and if she will make a statement on the matter. [14441/06]

Each vocational education committee receives an administrative staffing allocation from my Department on a VEC basis. The way in which such staffing is allocated to individual VEC schools and colleges and other activities within the VEC is entirely a matter for each VEC. In relation to the case referred to by the Deputy, the deployment of secretarial support is a matter to be decided between the school and the VEC concerned. My Department has no function in the matter.

School Enrolments.

Willie Penrose

Ceist:

810 Mr. Penrose asked the Minister for Education and Science if she will confirm that her Department has received an application for funding from a school (details supplied) in County Longford, which has increased in enrolment numbers from eight to 20 and a projected number of 22 in 2007; if the funding will be provided without delay; and if she will make a statement on the matter. [14461/06]

The school planning section of my Department recently received an application from the school to which the Deputy refers for a new school building. The application is being assessed. A decision in the matter will issue to the school authority as quickly as possible.

Higher Education Grants.

Michael Lowry

Ceist:

811 Mr. Lowry asked the Minister for Education and Science the post-graduate courses which are fully paid for by the State under the higher education grants programme; if she will increase the number of postgraduate courses covered; and if the thresholds for postgraduate courses not 100% paid for to date will be increased; and if she will make a statement on the matter. [14476/06]

The higher education grants scheme operates under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992. Under the scheme, an approved course is defined as either a full-time undergraduate course of at least two years duration, or a full-time postgraduate course of not less than one year duration pursued in an approved institution. Since the inception of the higher education grants scheme in 1968, students pursuing postgraduate courses at approved colleges in Ireland and Northern Ireland can apply for grants in respect of their fees, subject to the prescribed maximum fee limit, under the grants scheme. The prescribed maximum fee limit is kept under review. It was increased to €5,380 for the current academic year, from €5,028 in 2004-05.

In 1996-97 my Department's student support schemes were extended to provide maintenance grants to eligible students pursuing approved full-time undergraduate courses of at least two years duration in other EU member states. The courses must be followed in a university or third level institution which is maintained or assisted by recurrent grants from public funds. The extension of the schemes at that time did not extend to courses at postgraduate level.

Any extension to the scope of the grants scheme, to provide for students pursuing postgraduate courses in private colleges or colleges in all other EU member states can be considered only in the light of available resources and in the context of competing demands within the education sector. There are no plans at present to extend the scope of the student support schemes for postgraduate study.

Third Level Fees.

Michael Lowry

Ceist:

812 Mr. Lowry asked the Minister for Education and Science her plans to reintroduce third level fees; if any discussions have taken place with senior officials in her Department and the third level institutions regarding the reintroduction of fees; and if she will make a statement on the matter. [14477/06]

There are no proposals for the reintroduction of tuition fees for third level undergraduate students.

State Examinations.

Michael Lowry

Ceist:

813 Mr. Lowry asked the Minister for Education and Science if, in view of prolonged delays encountered during leaving certificate re-checks which often result in a genuine student not receiving his or her first place offer, she will expedite the exam re-check procedures and timeframes for leaving certificate students; and if she will make a statement on the matter. [14478/06]

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations, including issuing the results of examinations and determining procedures to enable the review and appeal of results of examinations at the request of candidates. Notwithstanding this, as I informed the Deputy on 20 October 2005 in response to similar questions on this issue, I had inquiries made with the State Examinations Commission and was advised as follows.

The results of the leaving certificate which issue from the commission in August of each year are provisional only, as is clearly stated in correspondence. The objective of the State Examinations Commission is to ensure that the processing of results is as free from error as possible. The leaving certificate examinations cover 375,000 grades to 57,000 candidates involving 3,000 examiners. Recognising the inevitable problems that can arise in a system of this size, a transparent, easily accessible and effective appeals process is available to all candidates who are unhappy with their results

The appeal process involves candidates viewing their scripts to see how marking schemes were applied. In 2005, this was completed on 2 and 3 of September. The closing date for receipt of appeal applications in 2005 was 7 September. The results of the appeals, some 11,500 in all, issued on 12 October 2005, some five weeks later, during which time the physical re-marking of the appeal scripts took place. During this limited timeframe, examination scripts had to be retrieved from schools, distributed to examiners, fully re-marked by appeal examiners, monitored in at least 20% of cases by appeal advisers, and returned to the State Examinations Commission for results processing.

It is acknowledged in examination systems all over the world that some level of error may occur. It is for that reason that national examination systems must have effective appeal processes. The Irish system is a world leader in terms of giving candidates an opportunity to view their scripts before deciding whether or not to appeal. Another comparable strength of the appeal system is that a full re-marking, as distinct from a check of mark addition, takes place. On balance it is considered that it is better to have a comprehensive, quality appeal system that takes some time to execute rather than to prejudice quality by a less comprehensive, speedier process.

Offers of third level places are made by the CAO on the basis of the provisional results issued in August. There are good reasons they do this because to delay the offering of places until the appeals process is completed would impact upon the start date for the academic year and thus disadvantage the overwhelming majority of candidates whose provisional results are their final results. The State Examinations Commission makes every effort to process the results of appeals as quickly as possible in order to facilitate the college entry process balanced with the need to allow the appeal examiners sufficient time to carry out a thorough re-marking of candidates' work.

Question No. 814 answered with QuestionNo. 754.

Official Engagements.

Bernard Allen

Ceist:

815 Mr. Allen asked the Minister for Education and Science the details of her travels abroad for the St. Patrick’s Day celebrations; the people who travelled with her in their official party; the duration of the visit; and the cost. [14507/06]

I travelled to the United Arab Emirates (Dubai and Abu Dhabi) for the St. Patrick's Day celebrations, accompanied by two persons in my party. The duration of the visit was three days, from 21 March to 23 March 2006 inclusive. The total cost of the trip has not yet been finalised but the amount paid to date by my Department is €17,355.37.

The itinerary included the following engagements; meeting the Minister for Education, visiting higher colleges of technology, attending a lunch meeting with educationalists hosted by higher colleges of technology, meeting the Committee of Irish Society, meeting the EI office and visiting proposed visa office, visiting "Knowledge Village", Dubai, meeting Irish business people, visiting Aer Lingus local handler — Dnata, attending tourism promotion events, meeting Irish Thoroughbred Marketing, attending a reception for Ireland UAE business network, attending a GAA tournament and presenting trophies to the under-aged teams, and acting as the guest speaker at the Irish Society ball.

The accelerated development of Dubai as a regional hub for the Gulf and surrounding markets and as a distribution, marketing, manufacturing and information and communications centre has resulted in a number of Irish companies establishing their regional headquarters in Dubai. In the course of my visit to Dubai I met with local Irish business leaders.

There is an active young Irish community in the UAE, mainly in the education, service and construction sectors. I attended the Committee of Irish Society dinner and ball where I presented the prizes for a GAA tournament taking place in Dubai.

Aer Lingus recently commenced its new direct flight service to Dubai and I will also use my visit to the UAE to actively promote Ireland as a tourism destination.

Special Educational Needs.

Richard Bruton

Ceist:

816 Mr. Bruton asked the Minister for Education and Science the circumstances in which her Department will contribute towards the cost of extra tuition for children with dyspraxia; and if this option has been considered in the case of a person (details supplied) in Dublin 9. [14510/06]

As the Deputy is aware, the National Council for Special Education, NCSE, which was established recently, and which has been operational since 1 January 2005, is responsible for processing applications for special educational needs or SEN supports. My officials have been advised by the NCSE that an application for individual resource hours has been received by the local special educational needs organiser or SENO. The SENO is examining the application and will be in direct contact with the school authorities in the near future regarding the outcome.

Schools Building Projects.

Pat Rabbitte

Ceist:

817 Mr. Rabbitte asked the Minister for Education and Science the work completed to date and planned for a school (details supplied) in Dublin 24; the cost of the works; the expected completion date; if she will confirm that fully-resourced physical education facilities for the senior school are included in these works; and if she will make a statement on the matter. [14571/06]

The extension and refurbishment project for the schools referred to by the Deputy commenced on site in October 2005. The contract period is for 12 months. The cost of the project is in excess of €4 million.

The work to the junior school consists of re-roofing the existing school, new single storey bay windows, internal refurbishment and alteration works. The work to the senior school consists of a new single storey extension including the provision of a general purpose hall, internal alterations and general refurbishment works. Site works include a new perimeter fence and so on around both schools.

Special Educational Needs.

Finian McGrath

Ceist:

818 Mr. F. McGrath asked the Minister for Education and Science if adequate resources will be provided for all children with disabilities in second level education; and if she will make this a priority for 2006. [14586/06]

My Department provides a range of supports to second level school management to enable schools to cater for pupils with special educational needs. The supports in question include remedial and additional teaching support, special needs assistant support and funding for the purchase of specialised equipment. As the Deputy is aware, enormous progress has been made over the past number of years in relation to increasing the number of teachers in our schools who are specifically dedicated to providing education for children with special educational needs.

At second level, approximately 1,654 whole time equivalent additional teachers are in place to support pupils with special educational needs. This compares to the approximately 200 teachers who were in place in 1998 for such pupils. In addition, there are 532 whole time equivalent learning support teachers and approximately 1,102 whole time equivalent special needs assistants or SNAs in our second level schools.

The precise model of provision made available at second level will depend on the assessed needs of the pupils involved. Some pupils are capable of attending ordinary classes on an integrated basis with additional teacher and/or special needs assistant support. In other cases, placement in special dedicated classes or units attached to the school may be the more appropriate response. Such special classes operate at significantly reduced pupil-teacher ratios. Pupils attached to these special classes may be facilitated in attending ordinary subject classes on an integrated basis wherever possible.

With effect from 1 January 2005, the National Council for Special Education, NCSE, has taken over key functions from my Department in relation to special educational provision. The NCSE was formally established as an independent statutory body on 1 October 2005 under the Education for Persons with Special Educational Needs Act 2005. The council acts under the broad policy direction of my Department but has the resources and the remit to play the leading role in the delivery of education services to children with disabilities or special needs.

The NCSE co-ordinates with the health services, schools and other relevant bodies regarding the provision of education and related support services to children with disabilities-special needs. The responsibilities of the NCSE include deciding on applications for additional teaching support in respect of children with disabilities with special educational needs at second level, on applications for special needs assistant or SNA hours, and processing applications for school placement in respect of children with disabilities with special education needs.

Under the new arrangements, the council, through the local special educational needs organiser or SENO will process the relevant application for resources and inform the school of the outcome. It is important to note that in the case of decisions on additional teaching and SNA support, the SENO will outline the process to the school and parents, where appropriate, and will at the end of the process outline the basis on which the decision was made.

In addition, my Department's teacher education section has developed a strategy designed to meet the continuing professional development needs of personnel working with children with special educational needs. This involves a major expansion of the range of postgraduate professional training programmes available to teachers in the special needs area and the ongoing development of the special education support service or SESS to support schools staff locally.

My Department will continue to ensure that the necessary resources are made available for the education of children with special needs. I am confident that the advent of the NCSE will prove of major benefit in ensuring that all children with special educational needs receive the support they require, when and where they require it.

Question No. 819 answered with QuestionNo. 752.

School Transport.

Pat Breen

Ceist:

820 Mr. P. Breen asked the Minister for Education and Science the reason a person (details supplied) in County Clare will not be facilitated with school transport in September 2006; and if she will make a statement on the matter. [14618/06]

The school transport services are operated by Bus Éireann on behalf of my Department. In general, primary school routes are planned so that no eligible pupil will have more than 2.4 km, 1.5 miles, to travel to a pick-up point. The person to whom the Deputy refers, in the details supplied, resides 0.64 km, 0.4 miles, from the bus route and therefore has a level of service which is within my Department's guidelines. The family in question has been offered a payable extension and details of costs and terms and conditions have been explained to them.

Question Nos. 821 and 822 answered with Question No. 754.
Question No. 823 answered with QuestionNo. 752.

Adult Education.

Mary Upton

Ceist:

824 Dr. Upton asked the Minister for Education and Science the progress which has been made in the allocation of the funding set aside following the recommendations of the McIver report on further education; and if she will make a statement on the matter. [14642/06]

Bernard J. Durkan

Ceist:

828 Mr. Durkan asked the Minister for Education and Science when she expects to adopt or implement the McIver report; and if she will make a statement on the matter. [14656/06]

Michael Ring

Ceist:

845 Mr. Ring asked the Minister for Education and Science if she will implement the McIver report for further education in order that additional funding is allocated to the section. [14790/06]

I propose to take Questions Nos. 824, 828 and 845 together.

Government commitment to the PLC sector, by reference to the resources applied in teachers' pay, non-pay running costs, student support and certification costs, is very significant. We have increased the number of PLC places by 60% since 1996-97. Indeed, the number of PLC places approved for 2005-06 is up by more than 1,600 on the 2004-05 level. The number of approved places in the sector now stands at 30,188. We also extended the provision of maintenance grants to PLC students with effect from September 1998. The PLC maintenance grant scheme operates on the same basis as in higher education. There were nearly 8,000 PLC grant holders in 2005 and they received some €23 million in direct support. Tuition fees for PLC courses are also waived. PLC students are included in the calculation of non-pay budgets issued to schools in respect of running costs. A supplementary non-pay grant towards running costs specifically for PLC schools is also payable. This amounted to €5.5 million in 2005. In addition, capital funding for works at 11 post-leaving certificate colleges in 2006 has been agreed.

Other developments funded by my Department of direct benefit to the PLC sector include the provision of national certification under the Further Education and Training Awards Council and the development of progression links with higher education in the institutes of technology.

The McIver report contains 21 over-arching recommendations, incorporating 91 sub-recommendations. It has been estimated, in consultation with management and staff interests, that the recommendations for staffing would involve at a minimum the creation of at least 800 new posts at a cost of over €48 million.

This level of additional provision cannot be considered in isolation from other areas of education. In their consideration of the needs of the PLC sector into the future my officials have been examining, inter alia, the non-teaching educational tasks particular to PLC teachers, the demands on the management side and the challenges presented by the variation in size of the 200 plus PLC providers.

The McIver report also featured in recent discussions my officials had with representatives of the Irish Vocational Education Association. I want to invest in educational opportunity for learners in further education by providing the necessary system supports that will allow the sector as a whole to fulfil its important potential. There is a need for a realistic engagement between the main partners in agreeing priorities for progress, identifying workable timescales and beginning to make tangible progress on aspects of the wider agenda involved. Based on the issues identified in the McIver report, I intend to table proposals for discussions on the way forward. The timing and extent of implementation along with the funding to be made available will be decided when agreement is reached following these discussions.

Disadvantaged Status.

Mary Upton

Ceist:

825 Dr. Upton asked the Minister for Education and Science the grants which are available through her Department that might be appropriate to a project (details supplied) in Dublin 12; and if she will make a statement on the matter. [14643/06]

Gay Mitchell

Ceist:

898 Mr. G. Mitchell asked the Minister for Education and Science if she will make a statement on avenues of possible funding for a co-ordination of service for a school operating in a disadvantaged area which was not successful in obtaining funding from the dormant accounts fund (details supplied). [15248/06]

I propose to take Questions Nos. 825 and 898 together.

Funds for community education services are provided by my Department to the vocational education committees. The disbursement of these funds is a matter for each VEC, which, subject to its budget, decides the nature of the community education service to be provided in its area and the manner in which community education funds should be spent. The centre in question should apply to the local VEC for funding for this project.

Question No. 826 answered with QuestionNo. 752.

Student Representation.

Bernard J. Durkan

Ceist:

827 Mr. Durkan asked the Minister for Education and Science if she intends to appoint a student representative to the Grangegorman Development Agency or the Docklands (Rail) Development Authority; and if she will make a statement on the matter. [14655/06]

I recently announced the appointment of Mr. John Fitzgerald, city manager, Dublin City Council as chairman of the Grangegorman Development Agency. I am now actively considering the other appointments to the agency. The Deputy will be interested to know that Section 22 of the Grangegorman Development Agency Act 2005 provides for the establishment, by the agency, of a consultative group. This group will be representative of all stakeholders interested in the development of the Grangegorman site. I am pleased to advise the Deputy that the student body of the Dublin Institute of Technology is specified as a stakeholder under this section of the Act.

As the Docklands (Rail) Development Authority is not under my remit I am unable to comment regarding appointments to that authority.

Question No. 828 answered with QuestionNo. 824.

Special Educational Needs.

Olwyn Enright

Ceist:

829 Ms Enright asked the Minister for Education and Science the assistance which is available to a person (details supplied) in County Donegal who suffers from dyslexia and will be sitting the leaving certificate in June 2006, and has been refused reader assistance and waiver; and if she will make a statement on the matter. [14677/06]

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations, including organising the holding of examinations and determining procedures in places where examinations are conducted. In view of this, I have forwarded the Deputy's query to the State Examinations Commission for direct reply.

Question No. 830 answered with QuestionNo. 754.

Schools Inspectorate.

Pat Carey

Ceist:

831 Mr. Carey asked the Minister for Education and Science the measures her Department has taken to monitor teacher performance; and if she will make a statement on the matter. [14697/06]

The issue of quality of teaching within a school falls within the remit of the board of management and principal of that school. It is the duty of the board to provide, or cause to be provided, an appropriate education for all students attending the school. The Education Act requires that "schools use their available resources to establish and maintain systems whereby the efficiency and effectiveness of its operation can be assessed, including the quality and effectiveness of teaching in the school". The guidance and direction of teachers, the assignment of their teaching duties and the monitoring of the quality of learning and teaching on a day-to-day basis is the responsibility of the principal teacher of the school, who is accountable to the board. The inspectorate, through whole-school evaluation, monitors the performance of principals and boards of management in this regard.

The inspectorate of my Department is responsible for evaluating schools, including the quality of teaching and the effectiveness of individual teachers.

The framework for whole school evaluations in primary and post-primary schools includes the evaluation of teaching. In post-primary schools, and inspectors also conduct an evaluation of teaching during the course of subject inspections. At primary level, inspectors evaluate the work of teachers on probation.

In 2005, 253 whole school reports — both whole school evaluations and tuairiscí scoile — were conducted in primary schools, and 53 whole school evaluations were completed in post-primary schools. The inspectorate evaluated and reported on 1,611 probationary teachers at primary level in 2005, and at post-primary level 676 subject inspections were conducted. In addition to WSE, subject inspection, and evaluation of teachers on probation at primary level, inspectors periodically conduct thematic evaluations of specific aspects of educational provision, paying particular attention to the quality of teaching observed.

Where, in the course of evaluations, underperformance of teachers is noted, the inspectorate draws the attention of the principal to this fact. At primary level, rule 161 of the rules for national schools outlines the evaluation procedures to be followed where the work of a teacher has deteriorated to such an extent that the estimate "satisfactory" is no longer merited. In the case of teachers employed by vocational education committees, Department of Education and Science Circular 43/85 outlines the evaluation procedures to be followed in the context of adverse reports on teaching performance.

School Curriculum.

Pat Carey

Ceist:

832 Mr. Carey asked the Minister for Education and Science the regulations that govern the amount of time which is to be devoted to the teaching of religion in primary schools; and if she will make a statement on the matter. [14698/06]

As I indicated in reply to Parliamentary Question Number 381 on 6 April 2006, section 15 of the Education Act 1998 requires boards of management of schools to uphold, and be accountable to the patron for upholding, the characteristic spirit of the school as determined by the cultural, educational, moral, religious, social, educational, linguistic and spiritual values and traditions which inform and are characteristic of the objectives and conduct of the school.

Provision is made for the inclusion of religious education on the curriculum for primary schools. My Department recognises the rights of the different church authorities to design these curricula and to supervise their teaching and implementation. To this end, 30 minutes of the school day is allocated to the teaching of religious education at primary level.

Special Educational Needs.

Dan Neville

Ceist:

833 Mr. Neville asked the Minister for Education and Science the age at which educational services are available for persons with attention deficit hyperactivity disorder. [14713/06]

Dan Neville

Ceist:

834 Mr. Neville asked the Minister for Education and Science her plans to establish a school for children with severe attention deficit hyperactivity disorder who cannot cope in mainstream schools. [14714/06]

I propose to take Questions Nos. 833 and 834 together.

I can confirm for the Deputy that my Department funds educational services for persons with attention deficit hyperactivity disorder, ADHD, from the time that they are enrolled in school. The special educational needs of such children can be addressed in special schools, in special dedicated classes attached to ordinary schools, or on an integrated basis in ordinary schools. Decisions regarding the most appropriate model of response in each particular case are based on the professionally assessed needs of the individual pupil. Many pupils with ADHD are capable of attending ordinary schools on an integrated basis with the support, where necessary, of the resource teacher and/or special needs assistant services. Where the level of the disorder is of a more serious nature, provision may be made by way of special schools or special classes attached to ordinary schools.

Currently, my Department has sanctioned two special classes for pupils with ADHD in a mainstream school setting. In addition to this, my Department has sanctioned the following provision for pupils with emotional and behavioural difficulties at primary school level: ten special classes for pupils with emotional behavioural difficulties and seven special classes for pupils with severe emotional behavioural difficulties. All such classes operate at a pupil-teacher ratio or PTR of 8:1 with the support of a minimum of one special needs assistant. Classes for children with more severe disorders operate at a PTR of 6:1.

In addition to the above, there are 14 special schools for pupils with emotional disturbance. My Department has no record of an application to establish a special school solely for children with ADHD. It is my intention to continue to build on these developments as necessary to ensure that all children, including children with ADHD, receive the support they require.

The National Council for Special Education, NCSE, has been established as an independent statutory body with responsibilities as set out in the National Council for Special Education (Establishment) Order 2003. The NCSE, through its local special educational needs organisers, SENOs, is responsible for processing resource applications for children with special educational needs, including those with ADHD, from 1 January 2005. Where a pupil with special educational needs enrols in a primary or post primary school, the school may apply to the local SENO for the appropriate supports for the pupil if such supports are not available in the school.

I am confident that the establishment of the NCSE will prove of major benefit in ensuring that all children with special educational needs, including those with ADHD, receive the educational support they require.

Dan Neville

Ceist:

835 Mr. Neville asked the Minister for Education and Science if teacher training colleges and educational institutions offering higher diploma in education courses train teachers to recognise and cope with attention deficit hyperactivity disorder in the classroom. [14715/06]

Dan Neville

Ceist:

836 Mr. Neville asked the Minister for Education and Science if there is continued professional development in teaching services and in-service training lectures and conferences in relation to attention deficit hyperactivity disorder. [14716/06]

I propose to take Questions Nos. 835 and 836 together.

There are components in the pre-service training courses for primary teachers which enable student teachers to recognise and deal with children with special educational needs, including pupils with attention deficit hyperactivity disorder, ADHD. At second level, there are elements to both the higher diploma in education and the education degree programmes in the University of Limerick, as part of a general alertness orientation programme, on the variety of learning difficulties which pupils may have; this would also cover the issue of ADHD.

Discussions with the various colleges of education and universities are ongoing in order to ensure that appropriate responses are made at pre-service level in relation to the continuing needs of all trainee teachers to acquire knowledge of, and familiarity with, the needs of pupils with special educational needs including issues such as ADHD. Building on the training provided in the colleges of education and universities, my Department has developed a strategy to meet the continuing professional development of teachers working in schools with pupils with special educational needs. The strategy has resulted in a major expansion in the range of post graduate professional development programmes, the introduction of a range of new programmes to provide a mix of intensive induction training and more advanced training in specific areas. Teachers are made aware of the implications of ADHD for children's learning and teaching as part of these courses.

The establishment of the special education support service, SESS, is another element of this strategy. As part of its work, the support service provides fee subsidies to enable teachers to avail of on-line training on "Attention Deficit Hyperactivity Disorder: (ADHD) Effective Management and Teaching Strategies". This course is provided three times each academic year — in the autumn, spring and summer periods. Each course runs over a two-month period enabling the teachers to self-pace their learning. The course combines the latest scientific knowledge and theory of ADHD with case-studies along with practical, effective classroom techniques and innovative teaching strategies. Teachers learn to recognise the signs of ADHD as well as being exposed to current theories and research about ADHD. They also gain practical skills in terms of designing, implementing and evaluating alternative management and teaching strategies. In the 2004-05 academic year, 260 teachers undertook the courses, and the SESS allocated €45,000 to subvent the cost of the training. In addition, 550 teachers participated on a course entitled "Positive Student Behaviour". Again, the SESS provided fee subventions amounting to €90,000 for this course, which was provided on an online basis. This course introduces participants to a wide range of models, methods and strategies for managing student behaviour, with particular emphasis on the effective management of students who exhibit behavioural and adjustment problems. The course complements professional development in relation to ADHD given the high incidences of behaviour difficulties associated with ADHD. The SESS has also designed whole staff seminars for special schools entitled "Introduction to Challenging Behaviour" and "Managing Challenging Behaviour" of 30 seminars each, catering to the needs of 770 personnel working in the special schools setting. This work further complements the various training supports for teachers. The SESS also operates a local Initiatives scheme and has provided whole-staff training, individual teacher support and conference participation in relation to ADHD.

I am satisfied that the steps taken in recent years, which I have covered in some detail, represent significant progress in the development of in-career supports for teachers of children with ADHD.

School Enrolments.

Niall Blaney

Ceist:

837 Mr. Blaney asked the Minister for Education and Science the timeframe within which she expects to receive reports on one teacher schools with fewer than 12 pupils enrolled on 30 September 2004 from inspectors in her Department, with a view to having a second teacher appointed to these schools; and if she will make a statement on the matter. [14721/06]

The inspectors' reports on the individual schools involved are expected to be available shortly. Discussions will be held with representatives of the interested parties when all of the reports have been received and considered.

Special Educational Needs.

Brendan Howlin

Ceist:

838 Mr. Howlin asked the Minister for Education and Science the reason no special school units comparable to those at primary level are available at second level for children on the autism spectrum; if her attention has been drawn to the fact that autism-specific educational supports are essential if such children are to fully benefit from second level education; the steps which are being taken to address this deficit; and if she will make a statement on the matter. [14729/06]

My Department provides a range of supports to second level school management to enable schools to cater for pupils with special educational needs. The supports in question include remedial and additional teaching support, special needs assistant support and funding for the purchase of specialised equipment. As the Deputy is aware, enormous progress has been made over the past number of years in relation to increasing the number of teachers in our schools who are specifically dedicated to providing education for children with special educational needs. At second level, approximately 1,654 whole time equivalent additional teachers are in place to support pupils with special educational needs. This compares to the approximately 200 teachers in place in 1998 for such pupils. In addition, there are 532 whole time equivalent learning support teachers and approximately 1,102 whole time equivalent special needs assistants or SNAs in our second level schools.

With effect from 1 January 2005, the National Council for Special Education, NCSE, has taken over key functions from my Department in relation to special educational provision. The NCSE was formally established as an independent statutory body on 1 October 2005 under the Education for Persons with Special Educational Needs Act 2005. The council acts under the broad policy direction of my Department but has the resources and the remit to play the leading role in the delivery of education services to children with disabilities or special needs. The NCSE co-ordinates with the health services, schools and other relevant bodies regarding the provision of education and related support services to children with disabilities or special needs. The responsibilities of the NCSE include deciding on applications for additional teaching support in respect of children with disabilities with special educational needs at second level; on applications for special needs assistant or SNA hours; and processing applications for school placement in respect of children with disabilities with special education needs.

The Department supports the education of individual students with autism in various second level schools throughout the country. The precise model of provision made available at second level will depend on the assessed needs of the pupils involved. Some pupils are capable of attending ordinary classes on an integrated basis with additional teacher and/or special needs assistant support. In other cases, placement in special dedicated classes or units attached to the school may be the more appropriate response. Such special classes operate at significantly reduced pupil teacher ratios. Pupils attached to these special classes may be facilitated in attending ordinary subject classes on an integrated basis wherever possible. In recent years, the Department has supported the establishment of a number of special classes for pupils with autism in mainstream post primary schools. The organisation of such provision is a significant task of the National Council for Special Education.

Under the new arrangements, the council, through the local special educational needs organiser or SENO will process the relevant application for resources and inform the school of the outcome. In the case of decisions on additional teaching and SNA support, the SENO will outline the process to the school and parents, where appropriate, and will at the end of the process outline the basis on which the decision was made. In addition, my Department's teacher education section has developed a strategy designed to meet the continuing professional development needs of personnel working with children with special educational needs. This involves a major expansion of the range of post graduate professional training programmes available to teachers in the special needs area and the ongoing development of the special education support service or SESS to support schools staff locally.

My Department will continue to ensure that the necessary resources are made available for the education of children with special needs. I am confident that the advent of the NCSE will prove of major benefit in ensuring that all children with special educational needs receive the support they require, when and where they require it.

Irish Exemption.

Richard Bruton

Ceist:

839 Mr. Bruton asked the Minister for Education and Science the criteria which are applied in granting an exemption from having to sit Irish as a compulsory subject in the leaving certificate to persons who have spent part of their education outside of the country; if her attention has been drawn to the fact that a person who has spent five years out of the country, but where the years were not in consecutive order, is not entitled to an automatic exemption; and if he will make arrangements to modify this rule. [14735/06]

The guidelines in relation to an exemption from the study of Irish at post-primary level are set out in circular M10/94. Under the terms of this circular students, in the following circumstances, may be allowed to substitute any other subject from the list of approved subjects for Irish: students whose primary education up to 11 years of age was received in Northern Ireland or outside Ireland, and students who were previously enrolled as recognised students in a primary or second level school who are being re-enrolled after a period spent abroad, provided that at least three years have elapsed since the previous enrolment in the State and the student is at least 11 years of age on re-enrolment.

I do not propose to modify these provisions at this time.

Question No. 840 answered with QuestionNo. 754.
Question No. 841 answered with QuestionNo. 752.

Student Support Schemes.

Michael Ring

Ceist:

842 Mr. Ring asked the Minister for Education and Science if she will eradicate variations in the way that local administrations administer the student assistance fund and the millennium partnership; and if she will draft and implement overarching guidelines and best practise. [14787/06]

The student assistance fund is available to students experiencing particular or unexpected hardship during their course of study. The fund is allocated on a per capita basis to publicly-funded higher education institutions. In 2005-06, 35 institutions received funding totalling €5.8 million. More than 12,000 students benefited from the fund during 2004-05.

Until 2005, the amount of funding available for the access funds, including the student assistance fund, varied annually, depending on the level of demand for the top-up maintenance grant. The decision in 2004 to separate expenditure on the top-up maintenance grant from other access funding programmes has ended these variations. Students apply for the student assistance fund through their student services office or to the access officer within their institution.

The millennium partnership fund established in 2000 also provides community-based funding. It supports retention and participation among under-represented groups of students in further or higher education and is available to students in area partnerships and community groups which participate in the local development social inclusion programme or LDSIP.

Application for millennium funding is made annually by organisations through Pobal Ltd., the State company established to promote social inclusion, reconciliation and equality in Ireland and which has administered the fund since it was established. In 2005, a total of €1.89 million was allocated to 57 community groups and partnerships. In 2004-05, the latest year for which figures are available, approximately 3,750 students in higher and further education benefited from the fund.

The national office for equity of access to higher education within the Higher Education Authority recently completed a review of funding to achieve equity of access to higher education. The review process involved qualitative and quantitative data research, wide-ranging consultation, the publication of a discussion document, submissions and focus group meetings. This review was published by the national access office and launched by me in December 2005. Included in this review were the student assistance fund and the millennium partnership fund. Local variations in funding at institutional and/or community level is one of the six key issues for resolution that the review identifies. The review sets out the context in which current variations in the approach to the administration of the student assistance fund and the millennium partnership fund have arisen.

The review recommends that guidelines on local funding should be agreed and implemented so that decisions on which students receive funding are clear and transparent. The review goes on to recommend that community and college administrators, facilitated by the national access office, should together review and agree guidelines for the student assistance and millennium funds to ensure that there is a consistent and fair approach nationally, so that students in some communities and colleges are not disadvantaged in comparison with others. In addition to agreeing guidelines for each fund, ways of ensuring the most effective interaction and use of each should also be addressed.

The national access office has commenced work on implementing the recommendations of the funding review, including the above recommendation. I envisage that the office will, in this context, develop and implement overarching guidelines pertaining to the operation of the student assistance fund and the millennium partnership fund.

Part-time Students.

Michael Ring

Ceist:

843 Mr. Ring asked the Minister for Education and Science if she will abolish part-time fees or phase them out over time to widen access to education; and if she will award financial supports to part-time students who are in need of assistance to upskill, retrain and advance career prospects. [14788/06]

I have no plans at present to extend the free tuition fees schemes to include part-time students. Section 473A of the Taxes Consolidation Act 1997 provides tax relief for eligible persons, at the standard rate of tax, for tuition fees paid in respect of approved courses at approved colleges of higher education including certain approved undergraduate and postgraduate courses in EU member states and postgraduate courses in non-EU countries.

Tax relief for courses of at least two years' duration at undergraduate level extends to approved full or part-time courses in both private and publicly funded third level colleges in the State and any other EU member state and approved full or part-time courses operated by colleges in any EU member state providing distance education in the State.

In 2001, section 29 of the 2001 Finance Act amended the Taxes Consolidation Act 1997 to provide for the amalgamation of the then existing four tax reliefs for third level education fees. The section also extended the relief by removing the restrictions for repeat years, on individuals undertaking more than one course, on individuals already holding a third level qualification and the exclusion of certain courses in medicine, dentistry, veterinary medicine and teacher training. The relief is also extended to postgraduate fees paid for third level education in private and publicly funded third level colleges in non-EU countries. Tax relief for undergraduate fees is also now available in EU countries for duly accredited private third level colleges. Tax relief on tuition fees is claimed directly from the tax office using an I.T. 31 form. Details of approved colleges and courses are also available on Revenue's internet site at www.revenue.ie.

Question No. 844 answered with QuestionNo. 752.
Question No. 845 answered with QuestionNo. 824.
Questions Nos. 846 and 847 answered with Question No. 754.

Pupil-Teacher Ratio.

Richard Bruton

Ceist:

848 Mr. Bruton asked the Minister for Education and Science the number of pupils in each of the different class size ranges 0-9, 10-19, 20-24, 25-29, 30-34, 35-39, 40 and over for schools (details supplied). [14810/06]

The information requested by the Deputy is included in the following table:

Number of Pupils by Class Size Range for 2005/2006

Roll No.

School

Address 1

Class Size Range

0-9

10-19

20-24

25-29

30-34

35-39

40 And Over

17732M

Scoil Chiaráin

Ascal Uí Choileáin

0

71

0

0

0

0

0

17977T

Scoil Áine Cailíní

Raheny

0

0

47

81

187

0

0

17978V

Naíscoil Íde

All Saints Drive

0

0

0

226

120

0

0

20064O

Our Lady Of Consolation NS

Collins Ave East

0

75

88

0

0

0

0

Educational Projects.

Richard Bruton

Ceist:

849 Mr. Bruton asked the Minister for Education and Science if her attention has been drawn to the fact that a group (details supplied) has had to cut back art workshops in its refuges; and if the options for funding additional resources for these services will be investigated. [14813/06]

Funds for community education services are provided by my Department to the vocational education committees. The disbursement of these funds is a matter for each VEC, which, subject to its budget, decides the nature of the community education service to be provided in its area and the manner in which community education funds should be spent. Accordingly, the matter referred to in the question is appropriate to the City of Dublin VEC.

Special Educational Needs.

Billy Timmins

Ceist:

850 Mr. Timmins asked the Minister for Education and Science the position in relation to the case of a person (details supplied) in County Wicklow; if, in view of the circumstances of the case this person can be recognised and sanction given for same; and if she will make a statement on the matter. [14826/06]

The special educational needs organiser, SENO, reviewed the professional reports submitted by the school for the child in question. The reports indicated that the child did not have a clear diagnosis of autism and therefore would not be appropriately placed in a pre-school or early intervention class for children with autism.

The SENO then met the parents of the child in question and advised them of the position. Additional professional documentation was then furnished to the SENO. The SENO has advised the school authorities that based on the new documentation submitted, the child now meets my Department's criteria for enrolment in a pre-school or early intervention class.

Pupil-Teacher Ratio.

Richard Bruton

Ceist:

851 Mr. Bruton asked the Minister for Education and Science the number of pupils in infant classes for schools (details supplied). [14830/06]

The information requested by the Deputy is included in the following table. Nine of the 25 schools listed do not cater for infant classes.

Number of Pupils in Infant Standards in 2005/2006

Roll No.

School

Address 1

Number of Pupils

Junior Infants

Senior Infants

13815T

Howth Rd Mxd N S

Howth Rd

10

13

16753P

St.Vincent De Paul’s Girls School

Griffith Avenue

Nil

Nil

16759E

S N Mhuire na mBráthar

Marino

Nil

Nil

16792C

St. Brigid’s Convent N S

Killester

50

65

17148D

S N Eoin Baisde G Sen

Seafield Road

Nil

Nil

17730I

S N na Lánaí Glasa

Seafield Avenue

17

8

17732M

Scoil Chiaráin

Ascal Uí Choileáin

Nil

Nil

17936F

S N Eoin Baisde B. Sin

Seafield Rd

Nil

Nil

17977T

Scoil Áine C.

Raheny

Nil

Nil

17978V

Naíscoil Íde

All Saints Drive

115

117

18360G

Scoil Bhreandáin

Coolock

Nil

Nil

18361I

S N Caitriona C.

Coolock

Nil

Nil

18362K

S N Caitriona Naíonáin

Coolock

85

89

19006Q

Eoin Baisde B. Sóis.

Seafield Rd

83

89

19007S

Eoin Baisde C. Naoidh

Seafield Road

88

86

19297H

Cromcastle Green B N S

Kilmore Rd West

37

37

19298J

Scoil Náis Íde Cailíní

Kilmore Rd West

25

24

19308J

St. Brigid’s Boys N S

Howth Road

50

51

19309L

Scoil Neasáin

Baile Harmáin

32

31

19496N

Scoil Fhiachra Sóisir

Beaumont

166

145

19628E

St. Fiachras Sen. N S

Beaumont

Nil

Nil

19199P

St. David’s NS

Kilmore Road

44

30

19920A

St. John of God N S

Kilmore Road

15

30

19981U

St. Mary’ N S

Windsor Avenue

43

40

20064O

Our Lady of Consolation N S

Collins Avenue East

33

24

Special Educational Needs.

Olwyn Enright

Ceist:

852 Ms Enright asked the Minister for Education and Science the reason a person (details attached) in County Donegal is unable to have the help of a classroom assistant and who may have to leave school if such help is not forthcoming; and if she will make a statement on the matter. [14848/06]

My Department provides a range of supports to second level schools to enable them cater for pupils with special educational needs. The supports in question include remedial and additional teaching support, special needs assistant support and funding for the purchase of specialised equipment.

With effect from 1 January 2005, the national council for special education, NCSE, has taken over key functions from my Department in the area of special educational provision. The NCSE was formally established as an independent statutory body on the 1 October 2005 under the Education for Persons with Special Educational Needs Act 2005. The council acts under the broad policy direction of my Department but has the resources and the remit to play the leading role in the delivery of education services to children with disabilities or special needs.

The NCSE co-ordinates with the health services, schools and other relevant bodies regarding the provision of education and related support services to children with disabilities or special needs.

The responsibilities of the NCSE include the following — deciding on applications for additional teaching support in respect of children with disabilities with special educational needs at second level; deciding on applications for special needs assistant, SNA, hours; processing applications for school placement in respect of children with disabilities with special education needs.

The precise model of provision made available at second level will depend on the assessed needs of the pupils involved. Special needs assistant posts are allocated where the professionally assessed needs of a child or children involved is such as to require the delivery of such support. Under the new arrangements, the council, through the local special educational needs organiser, SENO, will process the relevant application for resources and inform the school of the outcome.

My Department has been informed by the NCSE that an application for special needs assistant support in respect of the pupil in question has been examined by the SENO, who decided that the needs of the pupil were not such as to require SNA support.

Higher Education Grants.

Olwyn Enright

Ceist:

853 Ms Enright asked the Minister for Education and Science the reason a person (details supplied) in County Offaly is not entitled to a grant; and if she will make a statement on the matter. [14849/06]

Under the terms of the student support grant schemes assistance is awarded to students who meet the prescribed conditions of funding including those which relate to nationality, residency, means and previous academic attainment. The process of assessing eligibility for third level or further education grants is a matter for the relevant local authority or VEC.

Officials of my Department contacted the higher education grants section of both Offaly County Council and VEC concerning the candidate referred to by the Deputy. It is understood there is no record of an application being received from this candidate.

Question No. 854 answered with QuestionNo. 754.

School Accommodation.

Tom Hayes

Ceist:

855 Mr. Hayes asked the Minister for Education and Science if temporary classroom accommodation will be provided to a school (details supplied) in County Tipperary for the coming school year, while awaiting commencement of works on permanent accommodation. [14864/06]

The school to which he refers was successful this year under my Department's small schools scheme for the provision of permanent accommodation for a four teacher school. It was included in my announcement of the 6 March 2006 in this regard. I confirm that, in the meantime, the school has requested temporary accommodation until its permanent structure is in place. This application is under consideration and officials in the school planning section of my Department will be in contact with the school authority when a decision is reached in the matter.

Bullying in Schools.

Jan O'Sullivan

Ceist:

856 Ms O’Sullivan asked the Minister for Education and Science if she will meet a person (details supplied) in order that he can make a presentation to her on a method of addressing bullying in schools; and if she will make a statement on the matter. [14887/06]

My Department has received promotional material from the person referred to by the Deputy with regard to a method which he has developed to deal with bullying behaviour in schools. Officials from my Department have already spoken with the person on a number of occasions.

While my Department has concerns about the suitability of the method proposed, the person concerned has been advised that the Department's guidelines on countering bullying behaviour in schools are sufficiently flexible to allow each school authority to adapt them to suit the particular needs of the school and to incorporate, should it so wish, any methodology including the one developed by the person referred to by the Deputy.

School Staffing.

Finian McGrath

Ceist:

857 Mr. F. McGrath asked the Minister for Education and Science if the situation regarding the withdrawal of staff at a school (details supplied) in County Galway will be reviewed; and if she will support them in their request to retain 13 class teachers as a matter of urgency. [14905/06]

My Department is considering the staffing requirements for the 2006-07 school year in the case of the school referred to by the Deputy. In this regard, I advise the Deputy that officials from my Department will be in contact with the school shortly.

Site Acquisitions.

Pat Breen

Ceist:

858 Mr. P. Breen asked the Minister for Education and Science further to Parliamentary Question No. 230 of 23 November 2005, if officials in her Department have considered a site regarding an application for a primary school (details supplied) in County Clare; and if she will make a statement on the matter. [14906/06]

The property management section of the Office of Public Works has been requested to source a site for the school in question.

As the original site options proposed were not considered viable, OPW placed an advertisement seeking proposals for possible suitable sites. A number of responses were received. A technical assessment of these proposals will need to be undertaken. When this assessment has been completed, the matter will be considered further in my Department.

Special Educational Needs.

Michael Noonan

Ceist:

859 Mr. Noonan asked the Minister for Education and Science the reason resources for special needs children attending a school (details supplied) in County Limerick have been progressively eroded; the reason a person (details supplied), who is being admitted to the school in September 2006, is being refused special assistance; and if she will make a statement on the matter. [14932/06]

The National Council for Special Education, NCSE, has been operational since 1 January 2005, and is responsible for processing applications for special educational needs, SEN, supports.

My officials have been advised by the NCSE that the local special educational needs organiser, SENO, has received a number of applications from the school for resources for pupils with special educational needs including the pupil whose details were advised by the Deputy. In considering the applications, the SENO will arrange to visit the school to ascertain the level of support required by the school in the context of all the applications.

The NCSE has also advised that the level of special needs assistant support in the school was reduced last year due to the fact that the pupils for whom such support had been sanctioned had matured and had developed independent coping skills.

Schools Building Projects.

Denis Naughten

Ceist:

860 Mr. Naughten asked the Minister for Education and Science the steps she intends to take to upgrade primary schools in County Roscommon; and if she will make a statement on the matter. [14936/06]

I draw the Deputy's attention to the series of announcements I have made so far this year as part of the 2006 school building programme, details of which are available on my Department's website at www.education.ie. These announcements were published in county order, outline — schools authorised to commence architectural planning; details of schools with projects approved under the 2006 summer works scheme; schools with major building projects allowed to move to tender and construction; and schools invited to deliver their building projects on the basis of devolved funding.

Applications for capital works from schools in County Roscommon which are not included in these announcements are being assessed and considered for inclusion in further announcements as part of the 2006-10 school building and modernisation programme.

To assist primary school authorities to complete general upkeep and maintenance, an annual grant is paid to schools under the grant scheme for minor works. This is also known as the devolved grant. The level of grant paid amounts to €3,809 per school plus €12.70 per pupil.

Denis Naughten

Ceist:

861 Mr. Naughten asked the Minister for Education and Science the steps she intends to take to upgrade secondary schools in County Roscommon; and if she will make a statement on the matter. [14937/06]

I draw the Deputy's attention to the series of announcements I have made so far this year as part of the 2006 school building programme, details of which are available on my Department's website at www.education.ie.

These announcements were published in county order, outline — schools authorised to commence architectural planning; details of schools with projects approved under the 2006 summer works scheme; schools with major building projects allowed to move to tender and construction; and schools invited to deliver their building projects on the basis of devolved funding.

Applications for capital works from schools in County Roscommon which are not included in these announcements are being assessed and considered for inclusion in further announcements as part of the 2006-10 school building and modernisation programme.

Denis Naughten

Ceist:

862 Mr. Naughten asked the Minister for Education and Science the steps she intends to take to upgrade primary schools in County Leitrim; and if she will make a statement on the matter. [14938/06]

I draw the Deputy's attention to the series of announcements I have made so far this year as part of the 2006 school building programme and details of which are available on my Department's website at www.education.ie. These announcements were published in county order, outline — schools authorised to commence architectural planning; details of schools with projects approved under the 2006 summer works scheme; schools with major building projects allowed to move to tender and construction; and schools invited to deliver their building projects on the basis of devolved funding.

Applications for capital works from schools in County Leitrim which are not included in these announcements are being assessed and considered for inclusion in further announcements as part of the 2006-10 school building and modernisation programme.

To assist primary school authorities to complete general upkeep and maintenance, an annual grant is paid to schools under the grant scheme for minor works. This is also known as the devolved grant. The level of grant paid amounts to €3,809 per school plus €12.70 per pupil.

Denis Naughten

Ceist:

863 Mr. Naughten asked the Minister for Education and Science the steps she intends to take to upgrade secondary schools in County Leitrim; and if she will make a statement on the matter. [14939/06]

I draw the Deputy's attention to the series of announcements I have made so far this year as part of the 2006 school building programme, details of which are available on my Department's website at www.education.ie. These announcements, were published in county order, outline: schools authorised to commence architectural planning; details of schools with projects approved under the 2006 summer works scheme; school with major building projects allowed to move to tender and construction; and schools invited to deliver their building projects on the basis of devolved funding.

Applications for capital works from schools in County Leitrim which are not included in these announcements are being assessed and considered for inclusion in further announcements as part of the 2006-2010 school building and modernisation programme.

Question No. 864 answered with QuestionNo. 756.
Questions Nos. 865 to 867, inclusive, answered with Question No. 754.
Question No. 868 answered with QuestionNo. 756.
Question No. 869 answered with QuestionNo. 754.

School Staffing.

Michael Ring

Ceist:

870 Mr. Ring asked the Minister for Education and Science when school principals will receive information regarding the implications for schools not invited to participate in the new programme (details supplied) after this academic year. [14966/06]

Schools not selected for participation in the new school support programme but which are receiving additional resources under pre-existing schemes and programmes for addressing concentrated disadvantage will retain these supports for 2006-07. After the 2006-07 school year they will continue to get support in line with the level of socio-economic disadvantage among their pupils.

As well as the provision being made under the school support programme for schools with a concentrated level of disadvantage, financial support will be provided for other primary schools where the level of disadvantage is more dispersed. This support will be based on the results of the new identification process and the arrangements which will apply in this regard will be notified to schools early in the autumn.

Question No. 871 answered with QuestionNo. 754.

Schools Building Projects.

Jim O'Keeffe

Ceist:

872 Mr. J. O’Keeffe asked the Minister for Education and Science the process by which a band rating is assigned to an application in relation to a school and the procedure which follows this assessment; the band rating referred to in Parliamentary Question No. 269 of 16 February 2006; and when, in view of this band rating, the long promised extension will be completed. [14968/06]

All applications for capital funding are assessed in accordance with the published prioritisation criteria which was agreed with the education partners in 2004. The application to which the Deputy refers has been assigned a band 2.4 rating. A copy of the prioritisation criteria is being forwarded for the Deputy's information.

Progression of the planned project is being considered in the context of the school building and modernisation programme 2006-10.

Jim O'Keeffe

Ceist:

873 Mr. J. O’Keeffe asked the Minister for Education and Science the steps which need to be taken to enable the extension to a school (details supplied) in County Cork to go ahead; and if she will make a statement on the matter. [14969/06]

The application for capital funding from the school to which the Deputy refers has been assessed and schedules of accommodation to meet the current and projected accommodation needs of the school have been drawn up by my Department. The next step in the process is the appointment of a design team to commence architectural planning of the project.

The further progression of this project will be considered in the context of the school building and modernisation programme 2006-10.

Computerisation Programme.

Seán Haughey

Ceist:

874 Mr. Haughey asked the Minister for Education and Science the assistance available from her Department to replace and upgrade school computers and software in a primary school in a disadvantaged area; and if she will make a statement on the matter. [14982/06]

The major focus for my Department under the ICT in schools programme at present is the roll-out of broadband connectivity to all recognised schools. This project is being undertaken in partnership with industry, following the establishment of a three-year €18 million joint Government-IBEC-TIF, Telecommunications and Internet Federation, Fund to fund local connectivity at school level. The broadband connectivity is being provided via a schools national broadband network supported by HEAnet, in order to provide managed Internet access, e-mail, security controls and content filtering. A broadband support service is being managed by the National Centre for Technology in Education, NCTE, to assist schools with advice and information relating to the roll-out and ongoing use of their broadband connectivity within the schools network. The overall costs of the schools broadband access programme, including the initial set-up and ongoing costs over the three years, are in the region of €30 million.

The schools broadband access programme builds on the investment by my Department in grant-aiding schools to develop their internal networks. Since December 2004, more than 3,700 schools have received grants to develop their networking facilities at a cost of €20 million. The development of internal networking facilities in schools is critical to supporting schools' full exploitation of the potential offered by broadband connectivity and the efficient use of computer software.

High quality digital content is essential to ensuring effective use of ICT in the classroom. In this context, the Scoilnet portal has been developed to provide a focal point of reference and a resource for teachers, students and parents. This portal site provides significant amounts of curriculum-relevant content linking to over 6,000 websites, the content of which is aligned directly to curricular and subject areas. The NCTE is working with the European Schoolnet, EUN, to implement a technological infrastructure to allow Irish schools to share access to a wide range of on-line educational databases located around Europe. An important aspect of this process is the development of an application profile for Irish curricular content to facilitate meta-tagging of content to international standards. The NCTE is collaborating with the NCCA in this regard. The NCTE is also currently considering the acquisition of a range of on-line reference libraries.

My Department is currently examining the future priorities for the ICT in schools programme. This work is being complemented by a census of ICT infrastructure which was undertaken by the NCTE and is currently being finalised and by an evaluation of the impact of ICT on teaching and learning which my Department's inspectorate is currently conducting.

School Staffing.

Jan O'Sullivan

Ceist:

875 Ms O’Sullivan asked the Minister for Education and Science the breakdown of primary school class sizes for each county, showing in each case the number of pupils in classes of 19 and under, 20-29, 30-39 and 40 plus; and if she will make a statement on the matter. [14983/06]

The information requested by the Deputy is not yet available for the current school year.

Major improvements in school staffing have been made in recent years with the hiring of more than 5,000 additional primary teachers. This represents the largest increase in teacher numbers since the expansion of free education. Today there is one teacher for every 17 children, the lowest pupil-teacher ratio in the history of the State.

Aside from decreasing average class size, the unprecedented increase in school staffing in recent years has also greatly improved the services provided for children with special needs and those from disadvantaged areas. Under DEIS, delivering equality of opportunity in schools, the action plan for educational inclusion I launched in May 2005, there will be a reduction in class sizes to 24:1 at senior level and 20:1 at junior level in the 180 primary schools serving communities with the highest concentrations of disadvantage. With more than 600 extra resource teachers put in place in this school year, children with special needs are getting more support than ever before. It should be acknowledged how much progress has been made in this area in recent years. Recently I announced that I have secured sufficient funding to provide even smaller classes in primary schools in the next school year, and the Minister for Finance has committed to a further reduction in class size in the following year. Accordingly, over the next two years, my Department will put 500 extra teachers into primary schools to reduce class size and to tackle disadvantage.

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued annually to all primary schools. At present the general rule is that the schedule provides at least one classroom teacher for every 29 pupils in the school. Of course, schools with only one or two teachers have much lower staffing ratios than that, with two teachers for just 12 pupils in some cases and so on. However, the general rule is that there is at least one classroom teacher for every 29 children in the school. Next year, this is being reduced to 28 children per classroom teacher and in 2007-08 it will be reduced to 27 children per classroom teacher. Circular 0023/2006 outlining the revised staffing schedule for the 2006-07 school year is available on my Department's website. Hard copies of the circular have been issued to all primary schools.

In speaking about staffing in our schools, we have consistently said that priority would be given in the first instance to children in disadvantaged schools and those with special needs. We have done this, and now, in line with the Government commitment, mainstream class sizes are also being reduced.

Higher Education Grants.

Brian O'Shea

Ceist:

876 Mr. O’Shea asked the Minister for Education and Science if she will review the third level grant application of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [14984/06]

Under the terms of the higher education grants scheme, a student is not eligible for grant assistance in respect of a second period of study at the same level, irrespective of whether a grant was paid previously. The scheme also provides that grants may not be paid to candidates who already hold a postgraduate qualification and are pursuing a second postgraduate qualification. Notwithstanding this condition, candidates who already hold a postgraduate qualification and are progressing to a further postgraduate course at a higher level, which represents progression from the level at which the previous postgraduate qualification(s) was attained, may be deemed eligible for grant aid, subject to a limit of a maximum of four years at postgraduate level.

As the case cited by the Deputy does not involve progression at postgraduate level, the student in question would not be eligible for grant assistance, under the terms of the grants scheme.

School Accommodation.

John McGuinness

Ceist:

877 Mr. McGuinness asked the Minister for Education and Science the progress made towards the provision of suitable accommodation for a school (details supplied) in County Kilkenny; if the review is complete; if the school in question was consulted; and if she will make a statement on the matter. [14985/06]

The review to which the Deputy refers is still under way in the school planning section of my Department.

As part of this review, extensive analysis requires to be carried out in matters such as population growth, demographic trends, current and projected enrolments, recent and planned housing developments and the capacity of existing schools to meet the demand for places.

When the review is completed, a decision will be taken on how best to meet the accommodation needs of the area into the future and contact will then be made with the relevant management authorities in this regard.

Questions Nos. 878 and 879 answered with Question No. 751.

Special Educational Needs.

Olwyn Enright

Ceist:

880 Ms Enright asked the Minister for Education and Science her views on proposals for a pilot scheme to be set up in a school (details supplied) in County Tipperary for the summer of 2006 for children with special needs; if her attention has been drawn to the need for this scheme; and if she will make a statement on the matter. [14988/06]

I confirm that my Department has received the proposals in question. My officials will be in contact with the correspondent and the school concerned in due course.

School Staffing.

John McGuinness

Ceist:

881 Mr. McGuinness asked the Minister for Education and Science if she will expedite a response to an application made by a school (details supplied) in County Kilkenny to the primary staffing appeals board relative to the retention of the schools fourth mainstream teacher in view of the social difficulties being experienced by the school; and if she will make a statement on the matter. [14989/06]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

According to data submitted to my Department by the board of management of the school referred to by the Deputy, the enrolment in the school on 30 September 2005 was 80 pupils. In accordance with the staffing schedule, circular 0023/2006, which has issued to all primary schools and is also available on my Department's website at www.education.ie, the mainstream staffing in the school for the 2006-07 school year will be a principal and two mainstream class teachers.

The board of management of the school concerned has submitted an appeal to the staffing appeal board. The appeal will be considered by the appeal board at a meeting which is scheduled to take place in May. The board of management will be notified of the outcome of the appeal as soon as possible thereafter. The appeal board operates independently of the Minister and my Department and its decision is final.

The Deputy will appreciate that it would not be appropriate for me to intervene in the operation of the independent appeal board.

Special Educational Needs.

Tom Hayes

Ceist:

882 Mr. Hayes asked the Minister for Education and Science if the necessary services will be in place in a secondary school (details supplied) in County Tipperary to facilitate a first year student who is starting in September 2006 and who is visually impaired. [14995/06]

My Department provides a range of supports to second level school management to enable schools to cater for pupils with special educational needs including children with visual impairment. The supports in question include remedial and additional teaching support, special needs assistant support and funding for the purchase of specialised equipment.

Enormous progress has been made over the past number of years in increasing the number of teachers in our schools who are specifically dedicated to providing education for children with special educational needs.

At second level, approximately 1,654 whole time equivalent additional teachers are in place to support pupils with special educational needs. This compares to the approximately 200 teachers who were in place in 1998 for such pupils. In addition, there are 532 whole time equivalent learning support teachers and approximately 1,102 whole time equivalent special needs assistants, SNAs, in our second level schools.

The precise model of provision made available at second level will depend on the assessed needs of the pupils involved. Some pupils are capable of attending ordinary classes on an integrated basis with additional teacher and-or special needs assistant support. In other cases, placement in special dedicated classes or units attached to the school may be the more appropriate response. Such special classes operate at significantly reduced pupil teacher ratios. Pupils attached to these special classes may be facilitated in attending ordinary subject classes on an integrated basis wherever possible.

With effect from 1 January 2005, the national council for special education, NCSE, has taken over key functions from my Department in the area of special educational provision. The NCSE was formally established as an independent statutory body on the 1 October 2005 under the Education for Persons with Special Educational Needs Act 2005. The council acts under the broad policy direction of my Department but has the resources and the remit to play the leading role in the delivery of education services to children with disabilities or special needs.

The NCSE co-ordinates with the health services, schools and other relevant bodies regarding the provision of education and related support services to children with disabilities or special needs.

The responsibilities of the NCSE include the following — deciding on applications for additional teaching support in respect of children with disabilities with special educational needs at second level; deciding on applications for special needs assistant, SNA, hours; processing applications for school placement in respect of children with disabilities with special education needs; under the new arrangements, the council, through the local special educational needs organiser, SENO, will process the relevant application for resources and inform the school of the outcome. It is important to note that in the case of decisions on additional teaching and special needs assistant support, the SENO will outline the process to the school and parents, where appropriate, and will at the end of the process outline the basis on which the decision was made.

My Department's teacher education section has developed a strategy designed to meet the continuing professional development needs of personnel working with children with special educational needs. This involves a major expansion of the range of postgraduate professional training programmes available to teachers in the special needs area and the ongoing development of the special education support service, SESS, to support schools staff locally.

My Department also provides a visiting teacher service to support the needs of blind and visually impaired students in primary and post-primary schools. Visiting teachers provide assistance in the educational planning and monitoring of educational progress of pupils. They provide a link between home and school and play a part in the successful transition from primary through to secondary level schooling.

My Department will continue to ensure the necessary resources are made available for the education of children with special needs. I am confident that the advent of the NCSE will prove of major benefit in ensuring that all children with special educational needs receive the support they require, when and where they require it.

School Attendance.

Bernard J. Durkan

Ceist:

883 Mr. Durkan asked the Minister for Education and Science the progress in respect of persons (details supplied) in County Kildare; if the relevant section of her Department has taken action arising from previous parliamentary questions; if a report has been prepared indicting likely or proposed action; if each or any of the relevant sections of the three Departments with a likely responsibility have liaised with each other, or indicated their intentions; of if matters are being allowed to drift with obvious consequences. [15018/06]

The Education (Welfare) Act 2000 established the National Educational welfare board, NEWB, as the single statutory agency with responsibility for school attendance operating under the aegis of the Department of Education and Science.

The Deputy's question concerns two young people and their non-attendance at school. The responsibility for individual cases of non-attendance falls within the remit of the NEWB. In response to questions raised previously by the Deputy, concerning the same issue, I requested the NEWB to respond directly to the Deputy. I have been informed by the NEWB that correspondence relating to this matter issued to the Deputy on 30 March and a further letter updating the Deputy on the proposed action and ongoing developments in this case was issued as recently as 21 April. This Government is determined to do all that is possible to ensure every child gets all the opportunities and support they need to enable them to complete their education.

Measures designed to improve school completion include the establishment of the National Educational Welfare Board in 2002 with a remit to monitor school attendance, help parents to get a school place for their child and run promotional campaigns on the importance of regular attendance and finishing school. In areas of disadvantage a key component of the work of the home-school-community liaison co-ordinator is promoting school attendance to parents while the school completion programme fosters the development of strong links between primary and post-primary schools to assist pupils with the transfer to and retention at second level. Work is ongoing to develop appropriate protocols for integrated working between all these services.

This Department also supports youth encounter projects, YEPs, that provide educational facilities to young people who have become alienated from the conventional school system and is promoting increased integration between the work of second-level schools and training opportunities, such as Youthreach centres, catering for young early school leavers.

The Department and the National Educational Welfare Board will continue to work together to ensure an integrated approach to children at risk is adopted.

School Transport.

Olwyn Enright

Ceist:

884 Ms Enright asked the Minister for Education and Science the number of school buses in the fleet which are fitted with seat belts; the number of school buses which do not have seat belts for all passengers; the estimated date when all buses in the school bus fleet will have seat belts; the number of children at primary level still travelling three per two seats; the number of children at secondary level still travelling three per two seats; the average age of the school bus fleet; and if she will make a statement on the matter. [15037/06]

The programme of fitting seat belts on school buses is ongoing at present with a view to having the entire fleet fitted by end December next.

At this stage, one-for-one seating is in place on all but 31 of the 2,500 post-primary services. The small number outstanding is primarily due to the need to accommodate late applicants after one-for-one services had been put in place. It is envisaged that seating on all primary and post-primary services will be on a one-for-one basis by end December next.

The precise details sought by the Deputy are being obtained and will be forwarded to her as soon as possible.

Higher Education Grants.

Olwyn Enright

Ceist:

885 Ms Enright asked the Minister for Education and Science the amount allocated by her Department for the higher education grants scheme for 2006, 2005 and 2004; the number of students in receipt of such grants for 2006, itemised as full, 75%, 50% or 25% recipients; and if she will make a statement on the matter. [15038/06]

Olwyn Enright

Ceist:

886 Ms Enright asked the Minister for Education and Science the amount allocated by her Department for the vocational education committees scheme for 2006, 2005 and 2004; the number of students in receipt of such grants for 2006, itemised as full, 75%, 50% or 25% recipients; and if she will make a statement on the matter. [15039/06]

Olwyn Enright

Ceist:

887 Ms Enright asked the Minister for Education and Science the amount allocated by her Department for the third level maintenance grants scheme for 2006, 2005 and 2004; the number of students in receipt of such grants for 2006, itemised as full, 75%, 50% or 25% recipients; and if she will make a statement on the matter. [15040/06]

Olwyn Enright

Ceist:

888 Ms Enright asked the Minister for Education and Science the amount allocated by her Department for the maintenance grants scheme for students attending PLC courses for 2006, 2005 and 2004; the number of students in receipt of such grants for 2006, itemised as full, 75%, 50% or 25% recipients; and if she will make a statement on the matter. [15041/06]

Olwyn Enright

Ceist:

889 Ms Enright asked the Minister for Education and Science the amount allocated by her Department towards the special rates of maintenance grant for 2006, 2005 and 2004; the number of students in receipt of such grants for 2006, itemised as full, 75%, 50% or 25% recipients; and if she will make a statement on the matter. [15042/06]

I propose to take Questions Nos. 885 to 889, inclusive, together.

The following table sets out the outturn for each of the four student support schemes: higher education grants scheme; VEC scholarship scheme; third level maintenance grants scheme for trainees; and maintenance grant scheme for students attending PLC courses.

It also includes details of expenditure in respect of the special rates of maintenance grant, top-up grant, payable to disadvantaged students under each of the above schemes.

Up to the end of 2004 allocations for each of the student support schemes, named above, was provided under individual subheads. Funding for all of the schemes was amalgamated into a single subhead with effect from 2005. The outturn for each of the schemes under the single subhead, for 2006, will not be available until the end of the financial year. The provision for 2006 is €228.345 million.

Statistical returns in respect of the 2005-06 academic year will not be submitted to my Department until the academic year is completed and all payments finalised. Data in respect of grant recipients in 2005-06 will not, therefore, be available until at least later this year.

On the basis of previous experience it is estimated that the distribution of grantholders by rate of grant was as follows for the academic year 2004-2005: percentage of students in receipt of 100% of third level grant was 92%; percentage of students in receipt of 75% of third level grant was 3%; percentage of students in receipt of 50% of third level grant was 3%; percentage of students in receipt of 25% of third level grant was 2%.

The following table sets out the outturn for each of the four student support schemes for 2004 and 2005 and the total allocation for 2006— Higher Education Grants Scheme (HEG); VEC Scholarship Scheme (VEC); Third Level Maintenance Grants Scheme for Trainees (TLT); Maintenance Grant Scheme for students attending PLC courses (PLC). It also includes details of expenditure in respect of the Special Rates of Maintenance Grant (Top-Up Grant), payable to disadvantaged students under each of the above schemes.

Scheme

2004

2005

2006 *

€’000

€’000

€’000

HEG

95,336

102,668

N/A

VEC

25,944

28,616

N/A

TLT

43,485

42,976

N/A

PLC

17,389

17,705

N/A

TOP UP

20,769

23,889

N/A

Total

202,923

215,854

228,345

* Up to the end of 2004 payments for each of the student support schemes were provided under individual subheads. All of the schemes were amalgamated into one single subhead with effect from 2005. The outturn for each of the schemes, under the single subhead, for 2006 will not be available until the end of the financial year.

Teaching Qualifications.

Olwyn Enright

Ceist:

890 Ms Enright asked the Minister for Education and Science further to Parliamentary Question No. 177 of 26 January 2006, if she will re-examine her reply; the regulations for recognition as a junior cycle teacher; and if she will make a statement on the matter. [15048/06]

Recognition of a qualification for the purpose of teaching a particular subject from the post-primary curriculum is awarded where an assessment of the documentation submitted in relation to that qualification shows that the criteria for such recognition have been met. These criteria require among other things that the qualification has adequately prepared the holder to teach the subject to the highest level of the curriculum. In the case of mathematics the highest level is leaving certificate higher.

In my reply to Parliamentary Question No. 177 of 26 January 2006, I pointed out that the registration council, to whom the person named by the Deputy had applied for recognition, had refused recognition of her qualifications for the purpose of teaching mathematics as the qualification did not meet the criteria for such recognition. The applicant has not submitted any further documentary evidence in support of her application. The registration council has since been replaced by the teaching council, which is now the statutory body for the recognition of qualifications for all teachers.

In so far as the person named by the Deputy is employed as a teacher, her employer has been advised by my Department that the matter of her employment status is one which the employer should determine within the terms of circular letters PPT06/04 and PPT17/04.

School Staffing.

Paul Connaughton

Ceist:

891 Mr. Connaughton asked the Minister for Education and Science if her attention has been drawn to the turmoil that will ensue at a school (details supplied) in County Galway by the proposed withdrawal of two teaching posts under Giving Children an Even Break urban staffing arrangements for the 2006-2007 school year; if her attention has further been drawn to the fact that the school is trying to cope with the educational needs of 86 children in the learning support and resource area; if her attention has further been drawn to the fact that there are 51 Traveller children in the school, which should ensure that if the 15:1 pupil-teacher ratio is to be achieved, there should be an additional teacher made available; if her attention has further been drawn to the deep seated socio economic and psychological problems encountered by many pupils in this school; and if she will make a statement on the matter. [15070/06]

The staffing of the school referred to by the Deputy for the current school year, 2005-2006, is one principal, ten mainstream class teachers, two permanent and two temporary learning support-resource teachers, LS-RTs, two permanent resource teachers for Travellers, RTT, two supply project teachers, one temporary language support teacher and three teachers under giving children an even break.

The general allocation of LS-RTs to schools is intended to cater for children with learning support and high incidence special educational needs. LS-RT allocations are based on pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard.

The allocation for the school referred to by the Deputy is 2.9 posts. Disadvantaged schools eligible for additional staffing under the giving children an even break scheme, such as the school in question, have a preferential pupil-teacher allocation ratio of 80:1 under the general allocation.

The new system has a number of benefits associated with it, among which are that it facilitates early intervention as the resource is in place when the child enrols and it puts resources in place on a more systematic basis, thereby giving schools more certainty about their resource levels. It is also the case that it reduces the need for individual applications and supporting psychological assessments and allows flexibility to school management in the deployment of resources. It is intended that a review of the general allocation model will be undertaken within three years of operation.

Schools may also be allocated individual resource teaching allocations in respect of pupils with low incidence special educational needs, as appropriate. Applications for such support should be submitted by the school in question to the local special educational needs organiser, SENO, for consideration. Any concerns the school authorities have in regard to their resource teaching allocation for such pupils may be referred to the SENO. Similarly applications for special needs assistant, SNA, support in respect of pupils with special educational needs should be referred by the school to the local SENO.

I advise the Deputy that officials from my Department will contact the school shortly regarding the matter of additional resource teaching support for Traveller pupils and their staffing allocation under giving children an even break for the 2006-07 school year.

The provision of therapy services is a matter for the Health Service Executive and funding is provided to the HSE for such purposes.

Bernard J. Durkan

Ceist:

892 Mr. Durkan asked the Minister for Education and Science if her attention has been drawn to the high pupil-teacher ratio that exists at a school (details supplied) in County Kildare; if her attention has been drawn to the fact that two fully fitted and insured classrooms are idle due to lack of adequate teaching staff; if she will take the necessary steps to address the issue by way of appointing at least one extra teacher to this developing school, in view of the fact that enrolments in 2005 were twice that of the number of children who completed their education and left the school in that year, and projected ratios for 2006 are of a similar nature; and if she will make a statement on the matter. [15087/06]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

According to data submitted to my Department by the board of management of the school in question, the enrolment in the school on 30 September 2005 was 232 pupils. In accordance with the staffing schedule, circular 0023/2006, which has issued to all primary schools and is also available on my Department's website at www.education.ie, the mainstream staffing in the school for the 2006-07 school year will be a principal and eight mainstream class teachers.

To ensure openness and transparency in the system an independent appeal board is in place to decide on any appeals. The criteria under which an appeal can be made are set out in Department primary circular 24/06.

The board of management of the school referred to by the Deputy has submitted an appeal to the staffing appeal board. The appeal will be considered by the board at a meeting which is scheduled to take place in May. The board of management will be notified of the outcome of the appeal as soon as possible thereafter. The appeal board operates independently of the Minister and my Department and its decision is final.

The Deputy will appreciate that it would not be appropriate for me to intervene in the operation of the independent appeal board.

Special Educational Needs.

Pat Carey

Ceist:

893 Mr. Carey asked the Minister for Education and Science the assistance her Department or its agencies will offer a school (details supplied) in Dublin 11 to address an issue; and if she will make a statement on the matter. [15088/06]

The National Council for Special Education, NCSE, which has been operational since 1 January 2005, is responsible for processing applications for special educational needs supports. More than 70 special educational needs organisers, SENOs, have been recruited throughout the country and are a focal point of contact for schools and parents.

My officials have been in contact with the NCSE in regard to the correspondence received from the school and the local SENO will make contact with the school concerning the matters in question.

School Transport.

Paul Connaughton

Ceist:

894 Mr. Connaughton asked the Minister for Education and Science if her attention has been drawn to the fact that a school bus is encroaching into the catchment area of a school (details supplied) in County Galway, as it transports pupils to Athlone post-primary centres; if her attention has further been drawn to the fact that this service was limited to students enrolled from September 2000 in Athlone schools, other than students having to be picked up outside the Ballygar catchment area; if her attention has further been drawn to the fact that this encroachment is to terminate in June 2006; if her attention has further been drawn to the fact that efforts made to set aside this agreement would be illegal and most damaging to the school; and if she will make a statement on the matter. [15244/06]

The circumstances of the case raised by the Deputy are being reviewed by my Department and I anticipate that the matter will be submitted for my consideration in the near future. Arrangements will be made to notify all relevant parties as soon as a decision has been made.

Property Transfers.

Emmet Stagg

Ceist:

895 Mr. Stagg asked the Minister for Education and Science if her attention has been drawn to plans by University College Dublin to sell lands at Lyons Estate, Ardclough, County Kildare; if the sale has been approved; and if she will make a statement on the matter. [15245/06]

I have been informed by the Higher Education Authority that the UCD governing authority, at a recent meeting, gave approval to commence exploring the possible relocation of its farm facility at Lyons Estate. This exploration process is expected to be protracted and will require a full academic assessment of the activities based at the farm. It does not assume any decisions.

Psychological Service.

Jim O'Keeffe

Ceist:

896 Mr. J. O’Keeffe asked the Minister for Education and Science if the scope of National Educational Psychological Service to cover Youthreach centres will be extended. [15246/06]

A specific fund is provided through vocational education committees — VECs — for guidance, counselling and psychological services for students attending Youthreach centres. In the two Dublin VEC areas this takes the form of dedicated educational psychological services, while in other VEC areas psychologists, psychotherapists, counsellors or guidance practitioners are employed on a sessional basis to provide these services. A NEPS psychologist is assigned to my Department's further education section to co-ordinate and develop these services on a national basis.

Telecommunications Services.

Jim O'Keeffe

Ceist:

897 Mr. J. O’Keeffe asked the Minister for Education and Science if Youthreach centres will be included in the broadband for schools initiative. [15247/06]

My Department is engaged in the roll-out of broadband Internet connectivity to recognised primary and post-primary schools. This project is being undertaken in partnership with industry pursuant to an agreement with IBEC-TIF-Telecommunications and Internet Federation. This agreement provides for the establishment of a three-year €18 million joint Government and IBEC-TIF fund, with industry contributing €5 million per annum and the Government contributing €1 million per annum. The agreement is to provide local broadband connectivity to schools. This connectivity is being provided via a schools national broadband network supported by HEAnet to provide managed Internet access, e-mail, security controls and content filtering. A broadband support service is being managed by the National Centre for Technology in Education to assist schools with advice and information relating to the roll-out and ongoing use of their broadband connectivity. The overall costs of the schools broadband access programme, including the initial set-up and ongoing costs over the three years, are in the region of €30 million.

The scope of this project, as provided for in the agreement with industry, is to provide broadband connectivity to recognised primary and post-primary schools. The question of providing broadband connectivity to Youthreach centres and other centres of education will be considered separately.

Question No. 898 answered with Question 825.

Departmental Funding.

Olwyn Enright

Ceist:

899 Ms Enright asked the Minister for Education and Science the amount allocated by her Department towards training and development through agencies; and if she will make a statement on the matter. [15253/06]

Funds are provided by my Department for the training and development of tutors and other personnel in the education sector. These funds are mainly distributed directly to the various levels of the education sector. Some funds are distributed through agencies which provide training and development. The following funds are distributed through agencies:

Agency

Expenditure 2005

AONTAS

135,000

(Community Education Facilitators)

AONTAS

5,989

National Adult Literacy Agency (NALA)

5,670

Waterford Institute of Technology/NALA

500,000

Dublin City University

80,000

Adult Education Officers Association

21,000

Irish Primary Principals’ Network

317,212

INTO Programmes

264,000

National Parents Council (Primary)

200,000

ASTI

90,000

TUI

60,000

National Association of Principals and Deputy Principals

62,460

National Centre for Guidance

130,000

Integrate Ireland Language and Training Ltd.

44,000

School Staffing.

Michael Lowry

Ceist:

900 Mr. Lowry asked the Minister for Education and Science the position regarding the employment of a person (details supplied) in County Clare at a primary school in County Tipperary; if the employment status of this person has been clarified; and if she will make a statement on the matter. [15256/06]

My Department's position is that a fully qualified primary teacher must be appointed to fill a special class post in a primary school. The person referred to by the Deputy is not regarded as qualified and therefore is not eligible for appointment to the post in question. My Department has advised the school that it must secure the services of a fully qualified primary teacher.

Michael Lowry

Ceist:

901 Mr. Lowry asked the Minister for Education and Science if a school (details supplied) in County Tipperary will be allowed to maintain a teacher; and if she will make a statement on the matter. [15257/06]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year. According to data submitted to my Department by the board of management of the school referred to by the Deputy, the enrolment in the school on 30 September 2005 was 11 pupils. In accordance with the staffing schedule — circular 0023/2006 — which has issued to all primary schools and is also available on my Department's website at www.education.ie, the mainstream staffing in the school for the 2006-07 school year will be a principal teacher.

To ensure openness and transparency in the system an independent appeal board is now in place to decide on any appeals. The criteria under which an appeal can be made are set out in Department primary circular 24/06. The board of management of the school referred to by the Deputy has submitted an appeal to the staffing appeal board. The appeal will be considered by the appeal board at a meeting which is scheduled to take place in May. The board of management will be notified of the outcome of the appeal as soon as possible thereafter. The appeal board operates independently of the Minister and my Department and its decision is final. I am sure the Deputy will appreciate that it would not be appropriate for me to intervene in the operation of the independent appeal board.

Teaching Qualifications.

Seán Crowe

Ceist:

902 Mr. Crowe asked the Minister for Education and Science the reason her Department has not recognised the Queens University Belfast degree of a person (details supplied) in County Dublin. [15302/06]

The qualifications of the person concerned were submitted to my Department by County Dublin Vocational Education Committee for assessment on 22 December 2005. Further information was requested on 4 January 2006 and this was received on 20 March 2006. The qualifications are being assessed and the VEC will be notified of the outcome as soon as it becomes available.

School Accommodation.

Paul Nicholas Gogarty

Ceist:

903 Mr. Gogarty asked the Minister for Education and Science the short, medium and long-term measures her Department is undertaking to deal with the schools accomodation crisis in the Dublin 15 area; and if she will make a statement on the matter. [15303/06]

I am conscious that the Dublin 15 area as a whole is one of the most rapidly developing areas in the country and, as a result, there has been a marked increase in the demand for primary school places. My Department is taking a number of measures to increase the capacity of existing schools in the area concerned along with the development of new schools to meet this growing demand. All building projects arising from these interventions are awarded a band one priority rating under my Departments prioritisation criteria for large-scale building projects to ensure that they are delivered as expeditiously as possible.

In the Littlepace-Castaheaney area a new school building has recently been completed at Mary Mother of Hope national school, with an additional project under way with a target delivery date of September 2007. In addition a new primary school campus is planned for a school site in Ongar which will have a minimum of 32 classrooms. Part of this project will provide a permanent accommodation solution for Castaheaney Educate Together national school which has agreed to increase its junior infant intake by one extra class grouping this year. This project also has a target completion date of September 2007.

This area is also served by the Sacred Heart national school Huntstown where an extension project to provide a 32-classroom school is nearing completion. In the Diswellstown area, St. Patrick's national school has recently moved into a new 24 classroom school. This will facilitate an annual three stream intake. However, as an exceptional matter the board of management has agreed to take a fourth stream of junior infants this year. In addition to this, the board of management of St. Mochta's national school, which has an intake of three junior infant classes, has agreed to enrol a fourth junior infant class for September 2006. An extension project to cater for this development will also attract a band one priority rating. Other developments in the Dublin 15 area include the planned expansion of St. Brigid's national school in Castleknock and extensions to St. Brigid's boys and girls national schools, Blanchardstown.

In addition, a new Educate Together school opened in Tyrellstown in September 2005. My Department has approved the provision of six additional classrooms for September 2006 to cater for new enrolments and special education teachers. It is anticipated that his school will enrol three junior infant classes. I am confident that the measures outlined will assist in alleviating the immediate demand for pupil places in the area. However, due to the current level of demand emanating from the Dublin 15 area, the need to provide even further school accommodation is under consideration and my Department is engaging with the key school patron authorities that are active in the area in this regard.

School Staffing.

Paudge Connolly

Ceist:

904 Mr. Connolly asked the Minister for Education and Science the procedures for the vetting of all school employees; if the procedures will impact on staff appointments for the upcoming 2006-07 school year; and if she will make a statement on the matter. [15310/06]

Ensuring the protection, health and welfare of children is a key concern for the Government, parents, agencies working with children and society generally and I assure the Deputy that the Government is determined to do all we can to keep our children and vulnerable adults safe. In the education sector vetting is available in respect of prospective employees of children in detention schools as well as special needs assistants — SNAs — and bus escorts to children with special needs. My colleague, the Minister of State with responsibility for children, Deputy Brian Lenihan, announced a doubling of the number of staff employed in the Garda central vetting unit, which has been relocated to Thurles under the Government's decentralisation programme, to ensure it can handle a greater volume of requests from employers. The provision of additional staff resources will enable the Garda Síochána's vetting services to be extended to all persons working with children and vulnerable adults. This will include teachers, caretakers, bus drivers and others working with children, whether on a full-time or part-time basis.

As a first step in the expansion of services provided by the vetting unit it is proposed that new staff employed in the 2006-07 school year will be vetted. In the case of new teachers, vetting will form part of the process of the registration by the newly established Teaching Council. The council will be responsible for submitting the applications to the vetting unit. In the case of non-teaching staff, it will be the responsibility of the relevant school authorities to submit the applications. My Department is engaged in discussions with the relevant interests — school management authorities, unions, the Teaching Council and the vetting unit — on the procedures and processes which will apply regarding the vetting of persons in the education sector. Guidelines for school authorities are being prepared and will be issued shortly.

School Transport.

Paudge Connolly

Ceist:

905 Mr. Connolly asked the Minister for Education and Science her plans to review the operation of the post-primary school transport scheme, with particular reference to boundaries of catchment areas and demographic changes; if such boundaries will be defined by roads; and if she will make a statement on the matter. [15311/06]

I do not propose to conduct a general review of catchment boundaries. A review of specific catchment boundaries, however, may be appropriate in certain circumstances. A number of these have been carried out over the years where, for example, a new post-primary school is established in an area where previously there was none or, conversely, where a sole provider school closes due to declining enrolment. Catchment boundaries have provided and continue to provide a very useful tool in facilitating the orderly planning of school provision and accommodation needs and the operation of the national school transport service.

National College of Art and Design.

Phil Hogan

Ceist:

906 Mr. Hogan asked the Minister for Education and Science the action she will take with the authorities at the National College of Art and Design, Thomas Street, Dublin, to consider the relocation of the facility to Kilkenny rather than University College Dublin; and if she will make a statement on the matter. [15312/06]

The National College of Art and Design is examining how its future accommodation needs may be addressed. As part of this examination, the college is considering with UCD the feasibility of options pertaining to the Belfield site. This is merely an evaluation of options and does not assume a decision.

Departmental Correspondence.

Denis Naughten

Ceist:

907 Mr. Naughten asked the Minister for Education and Science, further to Question No. 192 of 23 March 2006, if she will update Dáil Éireann on the progress to date; and if she will make a statement on the matter. [15344/06]

My Department has had a number of meetings with the Department of Health and Children on the establishment of a school of podiatry and a number of issues remain to be considered. Pending the finalisation of these discussions, it is not possible to advise when a call for proposals can proceed.

Schools Building Projects.

Joe Higgins

Ceist:

908 Mr. J. Higgins asked the Minister for Education and Science her plans for a new secondary school (details supplied) in Dublin 15, in view of the large and growing population increase in this area. [15387/06]

As the Deputy will be aware, my Department is planning the development of a new post-primary school in Phibblestown to serve the growing population of the Dublin 15 area. It is intended to progress the provision of the school as a design build project. My Department advertised in the European Journal for design build teams and the shortlisting of these teams is being undertaken. A project manager has also been appointed to manage the delivery of this project. It is not possible to say at this early stage when the new school will open, however, the acquisition process for the site is at an advanced stage.

Special Educational Needs.

Paudge Connolly

Ceist:

909 Mr. Connolly asked the Minister for Education and Science her plans to ensure that speech therapy services are provided to school children in a school setting without the necessity for withdrawal of children for lengthy periods; and if she will make a statement on the matter. [15414/06]

As the Deputy will be aware, the provision of therapy services is a matter for the Health Service Executive — HSE — and funding is provided to the HSE for such purposes. The delivery mechanism for these services is a matter for the HSE.

Teaching Qualifications.

Paudge Connolly

Ceist:

910 Mr. Connolly asked the Minister for Education and Science her views on making the scrúdú cáiliochta sa Ghaeilge available on a twice-yearly basis to applicants; and if she will make a statement on the matter. [15415/06]

Coláiste Mhuire Marino has been contracted by my Department to provide the SCG examination in 2006, 2007 and 2008 on the basis of holding a main examination each year followed by a repeat examination. The main examination for 2006 was held on the 18, 19 and 20 April 2006 in a number of centres throughout the country. There were 785 applicants for the examination. Coláiste Mhuire will provide a repeat examination in autumn 2006 for any candidates who sat the April 2006 examination and failed to pass any module or modules of that examination.

Prior to 1999 candidates for the SCG examination were required to pass all four components of the SCG in the one year. Since 1999 however candidates have been allowed to take the SCG on a modular basis. This facilitates candidates who wish to do so to attempt a module or a number of modules at different sittings in different years. Candidates who pass in any one module of the examination are exempt from that module for a period not exceeding five years and are thus afforded a five-year period in which to pass all four modules of the examination. I am satisfied with the adequacy of existing arrangements for the provision of one main examination each year followed by a repeat examination.

Special Educational Needs.

Seán Crowe

Ceist:

911 Mr. Crowe asked the Minister for Education and Science the additional staffing resources which have been introduced into primary and post-primary schools in the past five years to take account of the special educational needs of students attending them. [15416/06]

Enormous progress has been made in recent years on increasing the number of teachers in our schools who are specifically dedicated to providing education for children with special educational needs. At primary level there are now approximately 5,000 teachers in our primary schools working directly with children with special needs, including those requiring learning support. This compares with approximately 2,500 in 2001, an increase of approximately 2,500 posts. One out of every five primary school teachers is now working specifically with children with special needs. In addition, there are more than 1,000 teachers in special schools and in the region of 600 teachers in special classes attached to mainstream primary schools.

At second level, approximately 2,186 whole-time equivalent additional teachers are in place to support pupils with special educational needs and those with learning support needs. This compares with approximately 1,115 whole-time equivalent teachers who were in place in the 2001-02 school year for such pupils.

Significant progress has also been made on increasing the number of SNAs in our schools who specifically cater for the care needs of children with special educational needs. There are more than 7,300 whole-time equivalent SNAs in primary and second level schools supporting children with special needs compared with approximately 2,500 at primary level and 292 whole-time equivalent SNAs at second level in 2001.

With effect from 1 January 2005, the National Council for Special Education — NCSE — has taken over key functions from my Department regarding special educational provision. The NCSE was formally established as an independent statutory body on 1 October 2005 under the Education for Persons with Special Educational Needs Act 2005. The council acts under the broad policy direction of my Department but has the resources and the remit to play the leading role in the delivery of education services to children with disabilities-special needs. The NCSE co-ordinates with the health services, schools and other relevant bodies regarding the provision of education and related support services to children with disabilities-special needs. Its responsibilities include deciding on applications for additional teaching support in respect of children with disabilities with special educational needs at second level and deciding on applications for special needs assistant — SNA — hours.

Under the new arrangements the council, through the local special educational needs organiser, SENO, will process the relevant application for resources and inform the school of the outcome. It is important to note that in the case of decisions on additional teaching and SNA support, the SENO will outline the process to the school and parents, where appropriate, and will at the end of the process outline the basis on which the decision was made.

In addition, my Department's teacher education section has developed a strategy designed to meet the continuing professional development needs of personnel working with children with special educational needs. This involves a major expansion of the range of postgraduate professional training programmes available to teachers in the special needs area and the ongoing development of the special education support service — SESS — to support schools staff locally.

My Department will continue to ensure that the necessary resources are made available for the education of children with special needs. I am confident that the advent of the NCSE will prove of major benefit in ensuring that all children with special educational needs receive the support they require when and where they require it.

Seán Crowe

Ceist:

912 Mr. Crowe asked the Minister for Education and Science the additional staffing resources which have been introduced into Youthreach centres in the past five years to take account of the special educational needs of students attending them. [15417/06]

Seán Crowe

Ceist:

913 Mr. Crowe asked the Minister for Education and Science her Department’s estimate of the level of special educational needs or disability among students attending Youthreach centres. [15418/06]

Seán Crowe

Ceist:

914 Mr. Crowe asked the Minister for Education and Science the resources available to students with special educational needs or disabilities attending Youthreach centres for education. [15419/06]

Seán Crowe

Ceist:

915 Mr. Crowe asked the Minister for Education and Science if the National Council for Special Education provides a service to students with disabilities under the age of 18 years attending Youthreach centres; and, if not, the reason for same. [15420/06]

Seán Crowe

Ceist:

916 Mr. Crowe asked the Minister for Education and Science if a student under the age of 18 years who has been diagnosed as having a disability and as a result has been deemed entitled to additional teaching or other supports while in school will retain these supports if they leave school and transfer to a Youthreach centre; and if not, the reason for same. [15421/06]

I propose to take Questions Nos. 912 to 916, inclusive, together.

Youthreach provides two years' integrated education, training and work experience to young people aged 15 to 20 years who are at least six months in the labour market and have left school early without any qualifications or vocational training. The programme provides a strong emphasis on personal development, the core skills of literacy-numeracy, communications and information technology. Staffing levels in Youthreach centres have remained constant in the past five years. Annual reports on students attending Youthreach centres point up significant proportions of learners who have literacy and numeracy deficits. The task force on student behaviour recognised that Youthreach centres are catering for many students who presented with emotional and-or behavioural difficulties while in school.

It is my Department's policy to seek to encourage and facilitate the participation of people with disabilities on programmes offered in the further education sector. Generally, issues of access for individuals to further education programmes are addressed at local level. Where a student with special needs is admitted to a Youthreach centre, educational supports, equipment and training, as appropriate, are provided in the centre in accordance with the learning aims and objectives of the programme. My Department has provided €500,000 for a national programme for staff training. This training will allow staff, as a team, to identify and respond to the special needs of their learners on an individual basis. The focus of this training is on individual assessment, programme planning, student mentoring and inter-agency work. This inter-agency work involves collaboration between centres, other statutory agencies and community-based services, for example, the Health Service Executive, probation service, addiction services, etc.

In 2005 special grants of €1.5 million were provided by my Department to vocational education committees to upgrade services through the purchase of equipment and materials, or refurbishment or minor structural works or materials to enhance the provision for students with disabilities. With effect from 1 January 2005 the National Council for Special Education — NCSE — took over key functions from my Department in relation to special educational provision. The NCSE was formally established as an independent statutory body on 1 October 2005 and acts under the broad policy direction of my Department. The council does not at present provide a service to students with special needs in Youthreach centres but it is expected that such a service will be available when all the provisions of the Education for Persons with Special Educational Needs Act 2004 are fully implemented. The needs of these students attending Youthreach centres are under active consideration.

School Accommodation.

Bernard J. Durkan

Ceist:

917 Mr. Durkan asked the Minister for Education and Science if all second level schools in County Kildare are adequately equipped for the teaching of science subjects; the schools not so equipped; her plans to address the issue and to ensure that the most modern science teaching equipment is available in all schools in the county at an early date; and if she will make a statement on the matter. [15434/06]

Capital funding is being provided under the school building and modernisation programme 2006-2010 for the refurbishment of science laboratories undertaken as part of an overall refurbishment programme of second level schools, for the upgrading of science facilities exclusively or by provision of new facilities in the case of newly built or extended schools. Additionally I have provided for class materials, basic general equipment and chemicals for practical work for the sciences.

My Department spent in excess of €13 million in 2004 to facilitate the introduction of a revised junior science syllabus. Schools received a basic grant of €3,500 per science laboratory to enable them to provide the new curriculum. Additional funding was made available to schools where other specified equipment was required. In addition, certain schools identified as needing new or refurbished science laboratories as a result of a 1998 national survey also received funding. Funding is again available this year to schools which have yet to apply for the basic grant of €3,500 per science laboratory and for other specified equipment to enable them to provide the new curriculum.

Schools have also received funding under the summer works scheme in 2004 and 2005 to refurbish science laboratories. In the application for funding under the 2006 summer works scheme, post-primary schools were requested to identify specifically and provide details of any science and technology upgrade or refurbishment projects separate from any other projects being applied for so that consideration could be given to approving these projects for 2006. Following the processing of the 34 applicants in this category, 26 schools were approved to commence the upgrading or refurbishment of their science facilities under the 2006 summer works scheme at an estimated total cost of €5.7 million. The eight unsuccessful applicants comprised two large-scale projects already in architectural planning, two of which were converted to major projects as in addition to upgrading science laboratories major refurbishments were required throughout the school and four received funding for higher priority projects as identified by the schools themselves.

The provision of science facilities and equipment is in part the responsibility of individual schools and funding can only be considered where my Department receives applications in the first instance. It is not possible to outline the level of science facilities or equipment in all schools across a province, region or county but I will assist the Deputy with available information in respect of a particular school he may choose to nominate.

Schools Building Projects.

Bernard J. Durkan

Ceist:

918 Mr. Durkan asked the Minister for Education and Science the number of primary and second level school projects she has approved or advanced to the next or final stages of development since the Houses of the Oireachtas last sat before Easter 2006; and if she will make a statement on the matter. [15442/06]

As the Deputy will be aware, at the end of last year I outlined my spending plans for primary and post-primary schools for 2006. With more than €500 million to be spent on school buildings there will be more than 1,300 projects active in schools throughout the country during 2006. I have not made any announcements on the 2006 school building and modernisation programme since the House last sat before Easter. However, I hope to be in a position to make further announcements during the remainder of the year.

Emmet Stagg

Ceist:

919 Mr. Stagg asked the Minister for Education and Science if design teams have been appointed for the new school projects for schools (details supplied) in County Kildare. [15534/06]

The process of appointing design teams to the building projects referred to by the Deputy is under way. Technical site inspections have been carried out to determine the suitability of the land to accommodate the two new schools and to determine the level of additional accommodation required for the school benefitting from an extension. An advertisement seeking design team consultants has been published for one of the schools on 5 April last and similar advertisements will be posted on the public procurement portal, www.etenders.gov.ie, shortly for the remaining two.

School Enrolments.

Emmet Stagg

Ceist:

920 Mr. Stagg asked the Minister for Education and Science if the boards of management of the six national schools in Naas agree a common enrolment policy which will see the use of the new national school (details supplied) other than incrementally; and her views on such an enrolment policy in the interests of the children of Naas. [15535/06]

The school to which the Deputy is a new school which opened in September 2005. It accommodates two junior infant classes. When fully occupied, the school will operate as a two-stream six-classroom school. To enable it develop in this manner, it can only enrol two junior infant classes annually. This incremental development is common to all newly established schools to ensure that a shortage of accommodation at the school is avoided by an over-enrolment in the early stages and, crucially, to ensure that the enrolments and staffing levels in other schools in the area, where older pupils would inevitably be drawn, are not adversely affected.

Notwithstanding this position and as an exceptional matter, the school has been given approval to enrol three junior infant classes for the next school year on the grounds that this will not impact negatively on the other schools in question. Typically, a new school commences in temporary accommodation. Accommodation is provided incrementally, thereafter, to meet the schools junior infant intake level each year in the context of junior infant accommodation available in other schools in the area. A new school would have achieved a certain sustainable growth level without affecting other schools before transferring to its permanent accommodation. Its developmental curve would continue on this basis until all its accommodation is in use.

If a building is available for the school in question at inception, it does not mean that an orderly growth can be abandoned given the effect that excessive enrolments will have on other schools in the area which have also been funded by the taxpayer. While enrolment policies are a matter for school authorities, the Department expects the enrolment polices of individual schools to complement the demand for pupil places in an area and, as in this case, to assist the growth of the new school in an orderly fashion. This is in the best interests of the schools, pupils and wider community alike.

Fundamentally, the existing schools, which have served the community well, particularly by obliging with extra pupil places when there was severe pressure for such places in recent years, now have a certain level of accommodation and teaching allocations in place. This cannot be ignored because a new school and a new building have come on stream which will, in their own right, cater for the continuing growing needs of the area as time goes by as was always my Department's intention. The question is how to support the new school until it is in a position to operate within the confines of its own current funding resources which will grow year on year. This is under discussion with the board of management.

Schools Building Projects.

Emmet Stagg

Ceist:

921 Mr. Stagg asked the Minister for Education and Science the way in which the project for a school (details supplied) in County Kildare will be progressed, in view of the fact that the school has sought capital funding and the project has not appeared to progress. [15536/06]

The school planning section of my Department has received an application for major capital funding from the management authority of the school to which the Deputy refers. My officials wrote to the school authority on 10 April last requesting its agreement to the long-term projected enrolment for the school. Progress on the proposed works can be considered when agreement in this regard is secured.

Emmet Stagg

Ceist:

922 Mr. Stagg asked the Minister for Education and Science if the contractor for a new school (details supplied) in County Kildare has accepted the letter of intent for the contract; if a formal letter of offer has issued; if contracts have been signed for the project; the details of same including cost and building timeframe. [15537/06]

The formal letter of offer has not yet issued and consequently the contract has not yet been signed. Once the project goes on site it is estimated that it will take 12 to 15 months to complete.

Emmet Stagg

Ceist:

923 Mr. Stagg asked the Minister for Education and Science if it was her visit to a school (details supplied) in County Kildare which led to the project finally getting clearance of the stage three submission, or if it was cleared in the normal fashion within her Department. [15538/06]

I am pleased to inform the Deputy that the school in question was authorised to proceed to stages 4-5 — planning permission-fire certification, bill of quantities-tender documentation — of architectural planning on 14 March 2006 following a review of their revised stage 3 documentation which, subject to a number of issues being addressed in the next stage submission, was sufficiently complete to allow the project proceed.

Emmet Stagg

Ceist:

924 Mr. Stagg asked the Minister for Education and Science when it is likely that the stage two submission regarding the required phase 2 extension to a school (details supplied) in County Kildare will be examined with a view to progressing the project. [15539/06]

The building project for the school referred to by the Deputy is at an early stage of architectural planning. My Department's officials have recently reviewed the stage 2 documentation. An on-site meeting has been organised for early May with the school authorities and their design team to evaluate this submission.

School Accommodation.

Emmet Stagg

Ceist:

925 Mr. Stagg asked the Minister for Education and Science if her Department has concluded the assessment of the long-term accommodation needs of a new national school (details supplied); the details of same; and if there has been further progress in relation to the acquisition of a site for the new school. [15540/06]

Emmet Stagg

Ceist:

926 Mr. Stagg asked the Minister for Education and Science if she intends to look again at the unacceptable position whereby 23 schoolgoing children will be unable to attend a national school (details supplied) in September 2006; and if she will seek a solution with the board of management on this issue. [15541/06]

I propose to take Questions Nos. 925 and 926 together.

As previously outlined to the Deputy, the school to which he refers made an application for additional temporary accommodation for the 2006-07 school year. This has been approved by my Department. The extra accommodation will meet the needs of the school's enrolment policy which operates a cut-off point. This cut-off point will result in the carryover of a small number of pupils to the next school year which is not uncommon where an increasing demand for enrolments manifests itself. In the case in question, the cut-off point does not contravene the requirements of the Education (Welfare) Act.

With regard to the long-term accommodation needs of the school, my Department is examining the demographics of the area to determine the optimum school size required. It has commenced consultations with the school authority in this regard. This matter will be finalised as quickly as possible. In the meantime, the OPW continues in its efforts to acquire a site for the new school.

Departmental Staff.

Ruairí Quinn

Ceist:

927 Mr. Quinn asked the Minister for Education and Science if her Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15775/06]

Ruairí Quinn

Ceist:

928 Mr. Quinn asked the Minister for Education and Science the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of her Department. [15789/06]

Ruairí Quinn

Ceist:

929 Mr. Quinn asked the Minister for Education and Science if her Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the Law Offices of the State 1997 that legal advice should be given to the Government only by the Attorney General and his office. [15803/06]

I propose to take Questions Nos. 927 to 929, inclusive, together.

My Department has an internal legal services section, the functions of which are to ensure policymaking is informed and takes account of relevant legal and constitutional requirements; to advise the Minister and the Department on legal issues; to ensure the effective management of litigation in which the Department is named; and to ensure the Government's legislative programme as it relates to education is implemented. The section works closely with the other law offices of the State to ensure consistency and quality of the legal services provided.

My Department's legal services team includes two qualified lawyers — Dalton Tattan, an assistant principal officer and a barrister-at-law, and Emily Ennis who is a barrister-at-law and is employed in her professional capacity. The section provides much of the day-to-day legal services required by my Department. However, some legal work is outsourced. The details of payments for the years 2004 and 2005 are listed. The bulk of these relate to legal advice and assistance provided to the Department in responding to the Commission to Inquire into Child Abuse, including responding to directions by the commission to discover documents. These payments are as follows:

2004

F.R. Kelly, European Patent Attorneys

383.57

Gerry Durcan SC

11,803

T.J. McIntyre BL

5,700

Nicholas Hosey BL

34,425.60

Suzanne Murray BL

28,992.82

Anthony Moore BL

26,330.20

Jason Stewart BL

34,613.87

Mervyn Hickey BL

37,868.16

Annette Kealy BL

34,022.18

Douglas Clarke BL

11,139.16

Brendan Gogarty BL

25,922.49

Anne Power BL

81,437.51

Doirbhile Flanagan SC

165,059.14

Matthias Kelly QC

71,655.11

Jim Sharkey BL

52,068.72

Elizabeth Cogan BL

65,390.79

Philip O’Brien BL

40,856.19

Margaret Leavy BL

44,376.76

Wesley Farrell BL

12,425.49

Conor Dignam BL

22,990.00

2005

McCann Fitzgerald, Solicitors

22,412.50

Farrell & Partners, Solicitors

12,100

Elizabeth Cogan BL

52,364.54

Jason Stewart BL

60,648.21

Anthony Moore BL

34,613.85

Mervyn Hickey BL

47,039.36

Brendan Gogarty BL

3,158.10

Wesley Farrell BL

902.31

Conor Dignam BL

13,792.49

With regard to relevant State bodies, the Residential Institutions Redress Board employs a senior counsel and a solicitor on a full-time basis. It also engages the services, on a part-time basis, of two senior counsel and one junior counsel. The Commission to Inquire into Child Abuse does not employ any lawyers directly. However, it engages the services of seven junior counsel, four of whom are documentary junior counsel who undertake the duties of senior counsel. In the time available it has not been possible to verify the position with regard to vocational education committees and education support centres. This information will be sent to the Deputy once it is to hand.

Defence Forces Property.

Ned O'Keeffe

Ceist:

930 Mr. N. O’Keeffe asked the Minister for Defence the progress which has been made by his Department regarding the recroachment of property (details supplied) in County Cork. [14266/06]

My Department holds two small plots of land on a laneway which was part of the former military barracks in the locality in question. In recent years there has been unauthorised encroachment upon those plots by another party. My Department's properties officer recently inspected the property and met the party concerned. Arising from that meeting, it is intended to resurvey the property in the very near future and arrange for the removal of the encroachment.

Official Engagements.

Bernard Allen

Ceist:

931 Mr. Allen asked the Minister for Defence the details of his travels abroad for the St. Patrick’s Day celebrations; the people who travelled with him in his official party; the duration of the visit; and the cost. [14508/06]

I did not travel abroad for the St. Patrick's Day celebrations.

Accident Investigations.

John Gormley

Ceist:

932 Mr. Gormley asked the Minister for Defence if his Department has received inquiries from a person (details supplied) in County Carlow; the reason no information has been given to the parents regarding what happened; his views on an inquiry into this incident; if there are files relating to the disappearance of a person; the reason his Department is so reluctant to give information on a serving officer who was lost at sea to that person’s parents; and if he will make a statement on the matter. [14522/06]

The military authorities maintained a significant degree of liaison with the person referred to and other family members in the aftermath of the tragic disappearance of the member of the Naval Service referred to. The person and the family were kept informed of events. The services of the military personnel support service were offered to the family who have been assured they will be informed of any future developments.

I am informed by the military authorities that in August 2003, the family were offered an opportunity to examine the report of the military court of inquiry into the disappearance of the member of the Naval Service. The position in this case is that it is the spouse of the member of the Naval Service referred to who is the person officially designated as next of kin. As there are separate legal proceedings in this matter, it would be inappropriate for me to comment further.

Public Procurement Contracts.

Niall Blaney

Ceist:

933 Mr. Blaney asked the Minister for Defence the reason a company (details supplied) secured a contract to supply Army barracks at a price of 4 cent higher than a quote submitted from another company in Donegal; and if he will make a statement on the matter. [14523/06]

The position is that the contract for the supply of bread to military barracks nationwide was held by Gallagher's Bakery, Ardara, County Donegal, for the year ended 30 November 2005. Following a tender competition the contract for the period 1 December 2005 to 30 November 2006 was awarded to Irish Pride, 151 Thomas Street, Dublin 2. A tender was submitted by Gallagher's Bakery but it was incomplete in that it did not cover all of the items specified in the tender documentation. As this was a stipulation of the competition, the tender from Gallagher's Bakery could not be further considered.

A fresh competition will be held in due course for the award of a contract for the year commencing 1 December 2006. Gallagher's Bakery will be given the opportunity to participate in that competition.

Air Services.

Paul Nicholas Gogarty

Ceist:

934 Mr. Gogarty asked the Minister for Defence the submission his Department has made regarding a proposal by a company (details supplied) to develop a business airport for Dublin. [14628/06]

I assume the Deputy is referring to the airspace change proposal submitted to the Irish Aviation Authority by Weston Airport Limited in 2005, which includes the use of instrument navigation aids to assist the arrival and departure of aircraft in accordance with instrument flight rules. Use of these landing aids would result in flight paths which would penetrate military airspace.

The Irish Aviation Authority convened a group called the Weston action group to examine the implications of the airspace change proposal. As the Air Corps's main operational aerodrome and military flying airspace is adjacent to Weston and will be affected by the airspace change proposal, the IAA invited my Department and the Air Corps to participate in the meetings of the Weston action group to ensure the levels of safety afforded to, and operational capability of, military aircraft and the aerodrome are not compromised. This remains the sole purpose of my Department's involvement on the Weston action group.

My principal concern regarding Weston Aerodrome is the maintenance of safe and functional airspace in which military flight training and air operations can continue on a 24-hour basis from Baldonnel. The decision as to whether Weston's request for an airspace change is granted is solely within the remit of the Irish Aviation Authority.

Overseas Missions.

Billy Timmins

Ceist:

935 Mr. Timmins asked the Minister for Defence the position with respect to a compensation claim for injuries sustained on UN duty for a person (details supplied) in County Tipperary; the avenues for assistance open to them; and if he will make a statement on the matter. [14673/06]

The person referred to initiated legal proceedings in this matter in 1997. I cannot comment in regard to any substantive issues in this case. The person would be best advised to consult his legal representatives regarding the status of his claim.

Defence Forces Recruitment.

Tony Gregory

Ceist:

936 Mr. Gregory asked the Minister for Defence the number of persons who applied to join the Defence Forces in 2005; the number selected; if all applicants who passed the interview, medical and fitness exams were selected; the reason a person (details supplied) in Dublin 1 was not selected; and if it is open to them to re-apply. [14930/06]

The number of applications received for positions in the Permanent Defence Force in 2005 was 2,472. Of this figure 1,125 were for general service enlistment, 296 for the apprenticeships competitions, 1,004 for the cadetship competition and a further 47 were for direct entry specialist competitions. In 2005 a total number of 479 successful applicants took up positions in the Permanent Defence Force, of whom 384 were general service enlistments, 55 cadets, 28 apprentices and 12 direct entry specialists. In general the number of applications received for positions in the Permanent Defence Force exceeds the number of positions available in any year. The day-to-day administration of recruitment in the Defence Forces is the responsibility of the Chief of Staff.

With regard to the particular case to which the Deputy refers, as he will readily understand it is the policy of the Department of Defence to treat all applications for enlistment in the Defence Forces as strictly private and confidential. However, under the Freedom of Information Acts 1997 and 2003, the individual in question may apply for access to information on his application to Defence Forces Freedom of Information Officer, Defence Forces Headquarters, Coláiste Caoimhín, Glasnevin, Dublin 9.

Medical Services.

Jack Wall

Ceist:

937 Mr. Wall asked the Minister for Defence the entitlements of members of the Defence Forces to free medical treatment; and if he will make a statement on the matter. [15196/06]

Jack Wall

Ceist:

938 Mr. Wall asked the Minister for Defence the entitlements of families of members of the Defence Forces to free medical treatment; and if he will make a statement on the matter. [15197/06]

Jack Wall

Ceist:

939 Mr. Wall asked the Minister for Defence if families of members of the Defence Forces cannot obtain a doctor under the GMS scheme; if he will permit those families to be treated by the Defence Forces medical staff; and if he will make a statement on the matter. [15198/06]

I propose to take Questions Nos. 937 to 939, inclusive, together.

The Medical Corps is a combat support service corps of the Defence Forces. The core objective of the Medical Corps is to maximise the medical readiness of the Defence Forces for operational activities and to provide field medical support to brigade structured Defence Forces. The mission of the Medical Corps is to ensure and co-ordinate the provision of medical, dental and pharmaceutical support to the Defence Forces in the execution of their roles as assigned by Government.

Military medical services and their facilities exist to maintain the health of the Defence Forces and support them in operational and overseas activities. The focus of the military medical service is on primary care, acute trauma management, preventative medical programmes and field medical training. The services of civilian general practitioners are regularly engaged to provide primary care when medical officers are not available. Serving members of the Defence Forces are provided with free medical treatment within military medical facilities by medical officers of the Defence Forces. The Defence Forces are normally dependent on civilian health care facilities for the provision of higher level hospital inpatient services for members of the Defence Forces. The costs of such external medical services are met by the Defence Forces and the Department.

The families of serving members of the Defence Forces have no entitlement to the provision of any medical services by the Medical Corps, either directly or indirectly. The Medical Corps does not have the capability, nor is it its role, to provide civilian medical services for families of members of the Defence Forces. The sole exception to this policy is the clinic for families of personnel serving in the Curragh Camp where, for essentially historical reasons, the Medical Corps has provided a general practitioner service to the families of enlisted personnel who are serving with military units based on the Curragh. The question of individual eligibility for a medical card under the Department of Health and Children's general medical service scheme — GMS — is a matter for determination by the local administration of the Health Service Executive in light of the relevant guidelines.

Departmental Staff.

Ruairí Quinn

Ceist:

940 Mr. Quinn asked the Minister for Defence the names of the lawyers employed in the office of the Deputy Judge Advocate General; if they are barristers or solicitors; and the process by which they are recruited. [15291/06]

Ruairí Quinn

Ceist:

941 Mr. Quinn asked the Minister for Defence if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15776/06]

Ruairí Quinn

Ceist:

942 Mr. Quinn asked the Minister for Defence the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15790/06]

Ruairí Quinn

Ceist:

943 Mr. Quinn asked the Minister for Defence if his Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the Law Offices of the State 1997 that legal advice should be given to the Government only by the Attorney General and his office. [15804/06]

I propose to take Questions Nos. 940 to 943, inclusive, together.

The Office of the Deputy Judge Advocate General has been disestablished since October 2004 and replaced by two independent offices, namely, the Office of the Director of the Defence Forces Legal Service and Director of Military Prosecutions, and the Office of the Judge Advocate. The Office of the Director of the Legal Service and Director of Military Prosecutions is held by Colonel William Nott BL. He has a legal staff of two commissioned officers, Commandant Richard Brennan BL and Commandant Paul Rochford BL. The Office of the Judge Advocate is currently held by Lieutenant Colonel P. A. McCourt BL. All commissioned officers within the Defence Forces legal service are qualified barristers.

The Office of the Director of the Legal Service is the preliminary source of legal advice for the Chief of Staff and Minister on all matters of military law and international law affecting the operations of the Defence Forces. The Office of the Director of the Legal Service and Director of Military Prosecutions also works closely with the Office of the Attorney General and Office of the Chief State Solicitor.

Recruitment for the Office of the Director of the Legal Service is by way of competitive interview following applications from suitably qualified commissioned officers from throughout the Permanent Defence Force. The required qualifications are to have been called to the Bar of Ireland, having achieved the required qualifications or to have been admitted to the Roll of Solicitors of Ireland, having achieved the required qualifications.

The Defence Forces employ two other qualified officers in a professional capacity for the purposes of legal work and advice at Defence Forces Headquarters. The claims administration section of the directorate of administration is staffed by two captains. Captain Noel Conway is a qualified solicitor and Captain Fintan McCarthy is a BCL graduate. These officers deal with the military aspects of personal injury and other such claims taken against the Minister and work with the corresponding civil branch within the Department of Defence secretariat. However, these two officers are not members of the Defence Forces legal service.

There are five other commissioned officers within the Defence Forces legal service, all qualified barristers, who advise the commanders of the various brigades and formations of the Defence Forces outside of Defence Forces Headquarters. The Department of Defence, in common with other Departments, seeks all ultimate legal advice from the Office of the Attorney General. The Department also works closely with the Office of the Chief State Solicitor in all legal matters.

The Defence Act 1954 provides at section 15 for the office of the civilian Judge Advocate General — JAG — who is a civilian lawyer appointed by the President, acting on the advice of the Government and charged with the performance of such duties as the Government may from time to time assign. The Judge Advocate General must be a practising barrister-at-law of at least ten years' standing at the time of the making of the appointment. Among the duties assigned are the furnishing of legal advice generally to the director of the Defence Forces legal service as regards matters of military law. The position is a part-time one and the holder is free to practice at the Bar in so far as such private practice would not be either potentially inconsistent with or prejudicial to the duties of the Office of Judge Advocate General. The civilian Judge Advocate General receives remuneration of €13,417 per annum.

There are no legal advisers or qualified lawyers employed in that professional capacity within the Civil Service secretariat of the Department of Defence. Individual civil servants working within the general administration of the Department may hold a legal qualification, for example, barrister-at-law. The Department of Defence includes the military branch of the Department under the title of Defence Forces Headquarters. The military branch of the Department consists of the respective offices of the Chief of Staff and of the two deputy Chiefs of Staff. The Office of the Director of the Defence Forces Legal Service and the Office of the Judge Advocate are integral parts of the Office of the deputy Chief of Staff — support. Where required, the Department obtains any special expert legal advice through the Office of the Attorney General.

Housing Aid for the Elderly.

Pádraic McCormack

Ceist:

944 Mr. McCormack asked the Minister for the Environment, Heritage and Local Government if the Government will make the necessary funding available to the Health Service Executive Western Region in order that it will be able to sanction grant aid to elderly people for repairs to their houses under the special aid for the elderly scheme; and when the necessary funds will be made available to the Health Service Executive western region to enable it to begin dealing with grants for necessary repairs to the homes of elderly people. [14895/06]

The special housing aid for the elderly scheme is administered by a task force under the aegis of my Department and operated at local level by the Health Service Executive.

An initial allocation of €5 million for the scheme was notified to the western region, which includes County Galway, in February 2006 and it is a matter for the HSE directorate of services for older people, which has responsibility for the administration of the scheme, to apportion funding to a particular area. A further allocation of funding will be notified to the regions, following receipt of the mid-year returns, later in the year.

Waste Management.

Jerry Cowley

Ceist:

945 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if he intends to resolve the situation in County Mayo where agriculture waste is not being accepted by the landfill; the solution his Department has decided on to resolve this situation; and if he will make a statement on the matter. [15055/06]

Jerry Cowley

Ceist:

991 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to an escalating situation where farmers have no means of disposing of small amounts of agricultural waste which is not being accepted by landfills; the solution to this; and if he will make a statement on the matter. [15056/06]

I propose to take Questions Nos. 945 and 991 together.

These questions are understood to relate to disposal of plastic wrapping from silage bales. While the farm plastics recycling scheme has been operating successfully, I am aware that some difficulties are being encountered by farmers. My Department has been engaged in discussions with the Irish Farm Film Producers' Group, IFFPG, the producer compliance scheme with responsibility for the collection and recycling of this waste stream, with a view to improving the scheme to tackle these difficulties effectively. These discussions are at an advanced stage and it is hoped to finalise proposals shortly.

Election Management System.

Ruairí Quinn

Ceist:

946 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the way in which the security and integrity of the electoral process would be compromised, as stated in his reply to Question No. 262 of 30 March 2006, if information (details supplied) was made available to the Houses of the Oireachtas; the advice he received in this regard; the source of such advice; and if he will make a statement on the matter. [14244/06]

I refer to the reply to Question No. 262 of 30 March 2006. The position on release of serial numbers of voting machines is the same. On the other details sought in connection with this question, 7,504 voting machines in total have been purchased and are in State ownership. I will communicate further with the Deputy on certain of the other details involved.

Planning Issues.

Jerry Cowley

Ceist:

947 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if a local authority has the authority to reduce the length of time of a planning application in view of the fact that the extra week would have been beneficial for additional information; and if he will make a statement on the matter. [14245/06]

Jerry Cowley

Ceist:

996 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if a local authority has the authority to cut short the length of time of a planning application; if a decision is due on the 24th of a month, can the authority decide to give the final decision on the 16th of the month and not accept a submission after that date; and if he will make a statement on the matter. [15061/06]

I propose to take Questions Nos. 947 and 996 together.

Under the Planning and Development Act 2000 and the Planning and Development Regulations 2001, a planning authority may not make a decision on a planning application until after a period of five weeks has elapsed since receipt of the application. The period during which the public may make submissions on a planning application is also five weeks from receipt of the application. Accordingly, a planning authority may not make a decision on a planning application, until the period for public consultation has expired. A planning authority must make a decision on a planning application within eight weeks of receipt of the application, unless it seeks further information on the application or where the applicant consents to an extension of time.

Where a planning authority seeks further information from the applicant on the application, it is required to make its decision on the application within four weeks of the request for further information being complied with or within eight weeks of the request being complied with in a case where the application is accompanied by an environmental impact statement.

Under section 34(9) of the Planning and Development Act 2000-2004 the applicant, within eight weeks of receipt of the application by the planning authority, may consent in writing to an extension of the period for the planning authority to make its decision. In such a case the period for making the decision is extended for the period consented to by the applicant.

EU Directives.

Denis Naughten

Ceist:

948 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the status of the nitrates directive; and if he will make a statement on the matter. [14246/06]

Denis Naughten

Ceist:

949 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the status of the nitrates action plan; and if he will make a statement on the matter. [14247/06]

Michael Lowry

Ceist:

951 Mr. Lowry asked the Minister for the Environment, Heritage and Local Government if he will report on the outcome of his most recent meetings with farm representative groups regarding the nitrates directive; and if he will make a statement on the matter. [14345/06]

Michael Lowry

Ceist:

952 Mr. Lowry asked the Minister for the Environment, Heritage and Local Government if the regulations giving effect to the nitrates directive to reflect the new Teagasc advice, particularly in relation to fertiliser limits, will be amended; and if he will make a statement on the matter. [14346/06]

Paul Connaughton

Ceist:

973 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government the reason his Department will not convey new Teagasc scientific findings concerning the nitrates directive; the further reason this information has not been conveyed to the authorities in Brussels; and if he will make a statement on the matter. [14744/06]

Michael Ring

Ceist:

980 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if he has taken on board the advice received from Teagasc to amend the nitrates action plan, with particular reference to the nitrogen and phosphorus fertiliser limits; and if he will make a statement on the matter. [14778/06]

I propose to take Questions Nos. 948, 949, 951, 952, 973 and 980 together.

Ireland's national action programme under the nitrates directive was submitted to the European Commission on 29 July 2005 and the European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2005 were made on 11 December 2005. These regulations give legal effect to the action programme and respond to the judgment of the European Court of Justice in 2004, which held that Ireland was non-compliant with the nitrates directive mainly by reason of failing to make an action programme under the directive. The action programme and regulations were prepared jointly by my Department and the Department of Agriculture and Food in consultation with Teagasc and involved an extensive consultation process with farming organisations and other interested parties. The regulations generally came into effect on 1 February 2006 with specific provisions being phased in over a three-year period.

Part 3 of the regulations deals with nutrient management planning and is based on long-standing Teagasc advice. Subsequent to the making of the regulations in December 2005, Teagasc indicated it may be possible to review part of this advice in a way that could improve the effectiveness of the regulations. My Department secured agreement with the European Commission that there was merit in allowing time for this advice to be elaborated. To this end, I announced a brief de facto deferral of Part 3 of the regulations.

I received a copy of the Teagasc advice on phosphorus and nitrogen limits on 3 March 2006 and this, together with key additional information and research data subsequently submitted, is being considered carefully by my Department and the Department of Agriculture and Food. A copy of the Teagasc advice has been made available to the European Commission. A meeting was held with the European Commission on 22 March 2006 attended by officials from my Department, the Department of Agriculture and Food and Teagasc. The purpose of the meeting was to present the Teagasc advice to the Commission and to have preliminary discussion and consideration of the new advice. I have held a number of meetings with the main farming organisations in recent weeks to apprise them of recent developments. As I have previously indicated, I am open to considering proposals for the more effective operation of the regulations. Any new formulation will, however, have to respect the environmental requirements associated with the nitrates directive and will require the agreement of the European Commission.

Consideration of the issues involved is being advanced by my Department, the Department of Agriculture and Food and Teagasc. Appropriate amendments to the regulations need to be agreed with the Commission and finalised as a matter of urgency to enable consideration of Ireland's request for a derogation from 170 kg to 250 kg organic nitrogen per hectare to move forward with the Commission and other member states.

Architectural Heritage.

John Gormley

Ceist:

950 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that homes protected under the Planning and Development Act 2000 need a section 57 declaration, which requires a site location map; his views on whether this is another example of a stealth tax; and if he will make a statement on the matter. [14303/06]

Under the Planning and Development Act, works to a protected structure, which in normal circumstances would be exempted development, are exempted development only if the works in question would not materially affect the character of the structure or any element of the structure that contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest. To facilitate owners or occupiers of protected structures, however, the Act provides that such an owner or occupier may make a written request to their planning authority for a declaration as to the type of works which it considers would or would not materially affect the character of the structure. This enables the owners or occupiers to identify the type of works to the structure which will not require planning permission, so removing any future necessity to apply for planning permission for such works. The legislation does not require that an application for a section 57 declaration should be accompanied by a site location map. The Deputy's reference to a stealth tax is, therefore, wide of the mark.

Question Nos. 951 and 952 answered with Question No. 948.

Water and Sewerage Schemes.

Dinny McGinley

Ceist:

953 Mr. McGinley asked the Minister for the Environment, Heritage and Local Government the position with regard to seeking extra funding from his Department for group water schemes in County Donegal; and if he will make a statement on the matter. [14423/06]

I have provided an overall block grant allocation of €4.29 million to Donegal County Council under the 2006 rural water programme, an increase of 52% on the council's expenditure for last year. As in previous years, I will consider making increased allocations to councils, from any savings elsewhere, where progress is ahead of schedule.

Waste Management.

Seymour Crawford

Ceist:

954 Mr. Crawford asked the Minister for the Environment, Heritage and Local Government the way in which a person based in County Monaghan can assess information regarding the collection and disposal of electrical goods such as fridges, washing machines, televisions and so on; his views on whether this situation is fair; and if he will make a statement on the matter. [14467/06]

The implementation of the waste electrical and electronic equipment directive in Ireland means that responsibility for the environmentally sound management of waste electrical and electronic equipment is a matter for the producers who place electrical and electronic equipment on the Irish market. Under the WEEE directive and the regulations which implemented it, manufacturers of electrical and electronic equipment, or those importing such equipment on a professional basis into the State, may self-comply or join a collective compliance scheme to fulfil their obligations. The procurement of such services as collection and treatment of WEEE is a matter for the collective producer compliance schemes or the self-compliant producers. Anyone wishing to become involved in the environmentally sound management of WEEE from private households can engage directly with the collective compliance schemes and the self-compliant producers.

My Department does not provide funding to the private sector for collection and recycling of this waste as this is now a matter for the producers. Any funding provided by my Department in the area of the recovery of waste has been to assist local authorities in the development of civic amenity sites and in meeting their operational costs. Householders and retailers may deposit WEEE free of charge at these sites.

Planning Issues.

Michael Lowry

Ceist:

955 Mr. Lowry asked the Minister for the Environment, Heritage and Local Government if additional resources to the funding provided in each year from 2000 to the planning offices in each local authority will be provided. [14479/06]

Michael Lowry

Ceist:

957 Mr. Lowry asked the Minister for the Environment, Heritage and Local Government if additional financial resources will be provided to North and South Tipperary County Councils to enable them to meet the ever-increasing demands placed on them by the rising number of planning applications; and if he will make a statement on the matter. [14481/06]

I propose to take Questions Nos. 955 and 957 together.

In 2006, I have allocated general purpose grants to local authorities amounting to €875 million; this represents an increase of 6.5% over the corresponding figure for 2005, which is more than twice the current rate of inflation.

The Planning and Development Regulations 2001, as amended, set out provisions for the payment of fees for planning applications. Local authorities generated in excess of €57 million in planning fees in 2004, the latest year for which statistics are available. Planning authorities are also entitled to require persons served with enforcement notices to pay their costs, and retain any fines paid on foot of a court conviction. Such income can also be used to fund development management and administration.

The Indecon report on the review of local government financing calls for a move towards a planning system which operates at full economic cost recovery. I intend to undertake a study of the cost of the planning service later this year with a view to reviewing the fees regulations thereafter. In the circumstances, it is not proposed to provide specific additional funding to local authorities from central government in respect of services provided by planning offices.

Local Authority Facilities.

Michael Lowry

Ceist:

956 Mr. Lowry asked the Minister for the Environment, Heritage and Local Government the local authorities which were approved for pilot project funding to construct a skateboard park; the locations of same; the timescale from grant allocation to official opening; the funds allocated to each authority; and if he will make a statement on the matter. [14480/06]

Funding for 21 skateboard facilities to be provided by local authorities was approved by my Department in November 2005. Details of these grants are set out in the following table. Progress with the provision of the facilities is a matter for individual local authorities and timescales may vary taking account of matters such as planning and procurement requirements.

Grants for Skateboard Parks in 2005

Local Authority

Location

Grant

Clare County Council

Lees Road Sports & Amenity Pk, Drumcliffe, Ennis

90,000

Cork County Council

Great Island, Ballincollig

100,000

Donegal County Council

Ballymacool, Letterkenny

60,000

Dún Laoghaire/Rathdown County Council

Monkstown Pool & Fitness Centre, Monkstown Avenue

100,000

Fingal County Council

Millennium Park, Blanchardstown

100,000

Galway County Council

(The Palace Grounds, Tuam, Dublin Road Housing Estate, Tuam)

100,000

Kerry County Council

Tralee Sports & Leisure Centre, Tralee

150,000

Laois County Council

Proposal for mobile facility

35,000

Louth County Council

Ashling Park, Dundalk

40,000

Meath County Council

Dunboyne Park, Dunboyne

45,000

Monaghan County Council

Mullaghmatt, Monaghan Town

42,000

Offaly County Council

Tullamore Town Park, Tullamore

72,000

South Dublin County Council

Lucan Sports & Leisure Centre, Griffeen Valley Regional Park, Lucan

100,000

Waterford County Council

Tramore Town

140,000

Westmeath County Council

Adjacent to Athlone Regional Sports Centre

150,000

Wexford County Council

Gorey Town Park, Gorey

110,000

Wicklow County Council

Greystones

150,000

Dublin City Council

John Paul 11 Park, Cabra

100,000

Galway City Council

Westside Sports Park, Westside

100,000

Limerick City Council

O’Brien Park, Clare Street

125,000

Waterford City Council

People’s Park, Park Road

140,000

Animal Welfare.

Mary Upton

Ceist:

958 Dr. Upton asked the Minister for the Environment, Heritage and Local Government, further to Question No. 580 of 4 April 2006, if he will provide her with copies of the three separate minority reports; the basis for the divergence of views from that of the majority by these three individual members of the working group on the monitoring of dog breeding establishments; and if he will make a statement on the matter. [14494/06]

The report of the working group to review the management of dog breeding establishments, which was submitted to me on 7 September 2005, contains the majority report and the three minority reports submitted by individual members of the group. I have made arrangements to have a copy of the report of the working group, comprehending all of the above, forwarded to the Deputy.

Official Engagements.

Bernard Allen

Ceist:

959 Mr. Allen asked the Minister for the Environment, Heritage and Local Government the details of his travels abroad for the St. Patrick’s Day celebrations; the people who travelled with him in their official party; the duration of the visit; and the cost. [14509/06]

I visited Malaysia, Thailand and Japan from 11 March to 19 March, accompanied by my wife for part of the journey and by my private secretary. During my visit, I met the vice president of the St. Patrick's Society in Kuala Lumpur, attended a signing ceremony between Allianze College of Medical Sciences, University College Cork and National University of Ireland, Galway and attended the St. Patrick's ball. I also attended an Irish Business Network function co-hosted by the Irish ambassador and Enterprise Ireland and a function for business partners by Irish Universities Medical Consortium. I spent a day in Bangkok, where I attended the Festival of Ireland 2006, organised by the Thai Chamber of Commerce.

In Osaka, I attended meetings at Takeda Pharmaceuticals and Matsushita Electronics and visited ECC Language School, Osaka. I also attended a reception to meet Irish communities and local dignitaries living in western Japan. In Tokyo, I attended a working lunch with the junior minister at the Ministry of Foreign Affairs of Japan and Japanese parliamentarians. I met with the Minister for the Environment and paid a courtesy call on the Minister for Foreign Affairs. I was guest of honour at a GAA sports day and presented the trophy for a cup match between Japan GAA and the Australian football team. I also attended a function organised by the American Ireland Fund of Japan and was guest of honour at the St. Patrick's Day parade in Tokyo. The total cost to my Department to date amounts to €11,115, excluding accommodation costs which are not yet to hand.

Water and Sewerage Schemes.

Ruairí Quinn

Ceist:

960 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the enormous hardship and inconvenience caused to the residents of Stamullen, County Meath, in March 2006, when they were without water for six days; if he will instigate a public local inquiry into the long delay in restoring water supply to the residents, as he is empowered to do under section 212 of the Local Government Act 2001, to ensure that there is no recurrence in Stamullen or elsewhere; and if he will make a statement on the matter. [14572/06]

Local authorities are responsible for the operation and maintenance of public water supply systems. I understand that the supply problem in this case was caused by a major pipe burst and that, in the course of locating and remedying the leak, Meath County Council maintained contact with affected consumers by means of leaflet drops and local radio, supplied drinking water in tankers to consumers with supply interruptions and subsequently provided advice to consumers on remedying airlocks. On the basis of this information, it is not considered that a case exists for a public inquiry into the council's handling of this incident. Section 212 of the Local Government Act 2001 has yet to be commenced.

Waste Management.

Barry Andrews

Ceist:

961 Mr. Andrews asked the Minister for the Environment, Heritage and Local Government if he will make a statement on a review of the waste collection permit regulations and, in particular, the great disparity in charging regimes between different local authorities, some of which take into account ability to pay and other issues in creating a range of charges. [14598/06]

Section 34(1) of the Waste Management Act requires that any person, other than a local authority, who is collecting waste for the purposes of reward, with a view to profit or otherwise in the course of business must obtain a waste collection permit from the relevant local authority. The fee payable in respect of an application for a collection permit is set down in article 7(3)(e) of the Waste Management (Collection Permit) Regulations 2001 as €1,200 or €380 in the case of collection solely of waste oils.

Local authorities have absolute discretion under Article 7(4) of the Waste Management (Collection Permit) Regulations 2001 to refund or waive all or part of the fee payable in respect of a particular permit application in cases where they are satisfied that the payment of the full fee would not be just and reasonable having regard to the limited scale or nature of the activity to which the application relates. The consideration of waste permit applications and the decision-making process on the granting of waste collection permits, as well as ensuring compliance with the requirements of the regulations, is a matter for the local authority in whose functional area the activity will take place. My Department is precluded by law from becoming involved in individual permit applications or in the granting of waivers or refunds in respect of permit application fees.

Last summer, I issued draft collection permit regulations along with draft facility permit regulations for public consultation. My Department received in excess of 50 detailed submissions on the draft regulations and these are being reviewed for the purposes of making appropriate amendments. I hope to be in a position to issue revised waste collection permit regulations in the near future.

With regard to the general issue of waste charges levied for waste collection services, the present legal framework determined by the Oireachtas reflects the fact that waste management services have traditionally been provided at a local level with individual arrangements being locally determined and tailored to local circumstances. In accordance with section 52 of the Protection of the Environment Act 2003, the determination of waste management charges and the provision of waivers are both matters for the relevant local authority where it acts as a service provider. Similarly, where a private operator provides the collection service, it is a matter for that operator to determine charges. My Department has no function in either the setting of charges or the provision of waivers.

Water and Sewerage Schemes.

Gerard Murphy

Ceist:

962 Mr. G. Murphy asked the Minister for the Environment, Heritage and Local Government when his Department will make funding available to Cork County Council to provide for a sewerage scheme in Carrigimina, Macroom. [14599/06]

No proposals have been received by my Department from Cork County Council for sewerage works in Carrigimina nor were any such proposals included in the list of schemes submitted by the council in response to my Department's request to local authorities in 2003 to undertake fresh assessments of the needs for capital works in their areas. Accordingly, no provision has been made for a proposal for Carrigimina in the water services investment programme for 2005 to 2007.

Local authorities have, however, recently been asked to carry out a new assessment of needs and to review their water and waste water infrastructural priorities in light of economic, demographic and other developments that have taken place since the previous needs assessments were completed. Priorities emerging from this process will be reflected in future phases of the water services investment programme. It is also open to Cork County Council to allocate funding for a sewerage scheme in Carrigimina under its rural water programme for which the council has €5.247 million available from my Department in 2006.

Brian O'Shea

Ceist:

963 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government his proposals to implement the commitment in the Government’s water pricing policy framework to meet fully the domestic element of operating costs of new water services schemes through the local government fund; and if he will make a statement on the matter. [14600/06]

The Government's national water services pricing policy framework requires local authorities to recover the cost of providing water services from the users of these services, with the sole exception of households using the services for domestic purposes. The capital cost of domestic water services is funded in full by the Exchequer and has benefited from a significant investment of €2.7 billion since 2000. The operational cost of providing water services for domestic purposes is met by grants from the local government fund, in particular through the general purpose grant which will amount to some €875 million in 2006. I believe that with prudent use of this funding and the pursuit of further efficiencies and expenditure rationalisation, local authorities will be adequately resourced to meet demands, including domestic water services provision, in 2006 and beyond.

Brian O'Shea

Ceist:

964 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government his proposals to assist Waterford County Council to bring about the speedy rationalisation and upgrading of the council’s 102 public water schemes; and if he will make a statement on the matter. [14601/06]

Under my Department's water services investment programme 2005-2007, Waterford County Council has been approved for total funding of €167.587 million in respect of 24 water and sewerage schemes, including an allocation of €2.6 million in respect of water conservation. Three of these schemes are at construction, the Dunmore East water supply scheme is due to commence construction later this year and the remainder are in planning.

Local authorities have recently been asked to carry out a fresh assessment of needs and to submit this to my Department for approval. I expect Waterford County Council to use this opportunity to review the council's water and waste water infrastructural priorities in light of economic, demographic and other developments that have taken place since the previous needs assessments were completed. Priorities emerging from this process will be reflected in future phases of the water services investment programme.

I have also recently introduced new procedures to accelerate individual water and sewerage schemes through the procurement process. These procedures, drawn up in consultation with the local authorities, provide that an individual scheme with a value of up to €5 million may, following preliminary approval by my Department, proceed to construction without further reference to the Department. This reduces from four to two the number of stages that are subject to departmental approval prior to the commencement of construction.

Brian O'Shea

Ceist:

965 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government his proposals to assist Waterford County Council to fast-track the proposed west Waterford regional water supply scheme; and if he will make a statement on the matter. [14602/06]

The west Waterford water supply scheme and strategic study, estimated cost €2.86 million, is included in my Department's water services investment programme 2005-2007. The scheme is due to commence construction in 2007 and the submission of the preliminary report for the scheme is awaited in my Department. I recently introduced new procedures to accelerate individual water and sewerage schemes through the procurement process. These procedures, drawn up in consultation with the local authorities, provide that an individual scheme with a value of up to €5 million may, following preliminary approval by my Department, proceed to construction without further reference to the Department. This reduces from four to two the number of stages that are subject to departmental approval prior to the commencement of construction. Subject to the submission of certain limited additional information, the new procedures will also be applicable to the west Waterford water supply scheme and strategic study.

Private Rented Accommodation.

Tony Gregory

Ceist:

966 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government his plans to update the minimum standards of accommodation regulations 1993; and if he will make a statement on the matter. [14635/06]

As the Housing (Standards for Rented Houses) Regulations 1993 are now over 12 years in operation, it is my intention to review them when the implementation of the new tenancy legislative regime has been completed. I expect that work on the regulations will commence later this year. In the meantime, action is being taken on a number of fronts, as indicated in my reply to Questions Nos. 12, 61, 63, 103, 104 and 114 on 8 March 2006, to improve enforcement of the existing regulations, including the allocation of performance related funding to local authorities.

Water and Sewerage Schemes.

Brian O'Shea

Ceist:

967 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government his views on whether design, build and operate schemes take longer to process through planning and are more expensive to operate than schemes built using traditional forms of contract and operated directly by local authority staff; and if he will make a statement on the matter. [14636/06]

The design-build-operate model, which is the preferred procurement route for water and waste water treatment infrastructure funded under my Department's water services investment programme, offers worthwhile advantages over traditional procurement, including accelerated infrastructure delivery as payments to the contractor under the service phase do not commence until construction is completed; reduced exposure to construction inflation; optimised whole life project cost through single point responsibility for design, construction, operation and maintenance; greater certainty of final capital cost from better allocation of risk; and use of newer technologies with associated technical and economic advantages.

With the experience gained over a number of years now, there should be no additional delay in progressing such projects through the planning stages as compared with the traditional procurement approach. My Department is satisfied that the 20 years whole life cost of design-build-operate projects compares favourably with traditionally procured infrastructure operating to corresponding standards and that the operation of design-build-operate projects by professional service providers under contract to the local authorities represents the optimum response to the need for long-term protection of capital assets, together with consistent compliance with statutory and other performance requirements.

Brian O'Shea

Ceist:

968 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government his proposals to establish water services regional design offices, similar to those operated by the National Roads Authority, to facilitate the reduction in the timescale to deliver essential water services infrastructure; and if he will make a statement on the matter. [14637/06]

Brian O'Shea

Ceist:

969 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government his proposals to assist with tracking the approval procedures in his Department in regard to water services infrastructure and with delegating more responsibility to local authorities in relation to these projects; and if he will make a statement on the matter. [14638/06]

I propose to take Questions Nos. 968 and 969 together.

I consider it essential that the most efficient procedures are in place to ensure that water services infrastructure provision can continue to anticipate and respond effectively to demand for new or improved services. Against that background, I recently introduced new procedures to accelerate individual water and sewerage schemes through the procurement process. These procedures, drawn up in consultation with the local authorities, provide that an individual scheme with a value of up to €5 million may, following preliminary approval by my Department, proceed to construction without further reference to the Department. This reduces, from four to two, the number of stages that are subject to departmental approval prior to the commencement of construction. Subject to the submission of certain limited additional information, the new procedures also apply to schemes where preliminary approval has already been received from the Department.

Local authorities are responsible for the procurement and delivery of water services infrastructure in their areas. When introducing the new procedures I recognised that there may be a need, in certain circumstances, for additional staff resources at local level to ensure that experienced staff solely dedicated to water services projects are available. Accordingly, local authorities have been advised that funding under the WSIP may be available to support project office staff structures within local authorities. Where appropriate, adjoining local authorities should co-operate in establishing regionalised project office structures to optimise the efficient use of resources.

In May 2004 a new project control system, which had been developed by the water services national training group, was introduced for local authorities as a direct response to the emerging management demands on them. The system was developed to assist local authorities to manage the planning, procurement and construction stages of projects on the basis of a consistent best practice approach

Natural Heritage Areas.

Ciarán Cuffe

Ceist:

970 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government when he expects the proposed special areas of conservation, the majority of which were agreed between the Government and the European Commission in December 2004, to be fully established as special areas of conservation under the habitats directive. [14659/06]

Some 413 of 420 proposed candidate special areas of conservation have already been transmitted to the European Commission. All of these sites enjoy the full protection of the European Union natural habitats regulations from the date that they were first publicly advertised. I expect that the remaining seven sites, along with some additional proposals for marine cold water coral reef candidate special areas of conservation sites, will be transmitted to the Commission during this year.

The conclusion of the designation process involves the making of a statutory instrument for each individual site. In advance of this, my Department is engaged in a process of map validation and where necessary consideration of objections on scientific grounds. The Commission has requested that these statutory instruments should be in place by 2008 and I intend that this deadline will be met.

Planning Issues.

Pat Carey

Ceist:

971 Mr. Carey asked the Minister for the Environment, Heritage and Local Government the strategies which are in place within his Department to ensure that the needs of an increasing population are taken account of in road planning; and if he will make a statement on the matter. [14699/06]

I refer to the reply to Question No. 424 of 6 April 2006.

Register of Electors.

Ruairí Quinn

Ceist:

972 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if he will instruct local authorities to use the population and residency information available to them through their housing services database in relation to rent, tenancy, and occupancy of each housing unit they own to corroborate the accuracy of the data on the electoral register; and if he will make a statement on the matter. [14702/06]

In law, the preparation of the register of electors is a matter for each local registration authority. It is their duty to ensure, as far as possible and with the co-operation of the public, the accuracy and comprehensiveness of the register.

I share the concerns that have been expressed on the quality of the register. My Department wrote to registration authorities on 14 July 2005 and requested them to take all necessary steps to secure significant improvement in the quality of the register. A national awareness campaign was conducted in November 2005 associated with the work on preparation of the register under way at that stage.

Also, in November 2005, my Department completed work on new and updated draft guidance for registration authorities on preparing and maintaining the register. The aim of the guidance is to secure significant improvement in the accuracy and comprehensiveness of the register by setting out clearly the legal requirements in this complex area, and identifying best practice for registration authorities in their work on the register. The guidance states that the draft register should be cross-checked with other databases available to the registration authority. Following a consultation process, my Department is now finalising the guidance and, in this regard, I am considering whether the final version should include further specific text on this issue.

Question No. 973 answered with QuestionNo. 948.

Water and Sewerage Schemes.

Pat Breen

Ceist:

974 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government his Department’s latest estimate of the cost of servicing individual dwellings in Feakle, Scarriff and Quilty, County Clare, in the context of the provision of sewerage schemes for those areas; the extent to which the original schemes have been scaled back to achieve a lower cost per household unit; if a pricing structure has been agreed with Clare County Council in respect of those schemes; when commencement of each of the three schemes is to go to tender and construction to begin; and if he will make a statement on the matter. [14750/06]

Pat Breen

Ceist:

975 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government his Department’s latest estimate of the cost of servicing individual dwellings in Labasheeda, Cooraclare and Carrigaholt, County Clare, in the context of the provision of sewerage schemes for those areas; the extent to which the original schemes have been scaled back to achieve a lower cost per household unit; if a pricing structure has been agreed with Clare County Council in respect of those schemes; when each of the three schemes is to go to tender and commence construction; and if he will make a statement on the matter. [14751/06]

Pat Breen

Ceist:

976 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government the price ceiling based on the cost of servicing individual dwellings in the context of his Department’s policy of providing for the capital costs associated with the provision of sewerage services to meet the requirements of the domestic population; the allowance made for organic growth in such situations; and if he will make a statement on the matter. [14752/06]

Pat Breen

Ceist:

977 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government if the pilot scheme that his Department is funding in north Tipperary to test new methods of dealing with waste water from smaller agglomerations, including the system of retaining existing septic tanks but transferring septic tank effluent by low-cost small-bore pipework for treatment at a central treatment plant, is applicable to such settlements in Clare as Feakle, Quilty, Scarriff, Labasheeda, Cooraclare and Carrigaholt; the average cost per house for such schemes; and if he will make a statement on the matter. [14753/06]

I propose to take Questions Nos. 974 to 977, inclusive, together.

The Feakle, Scarriff and Quilty sewerage scheme, which includes Mullagh, and the Carrigaholt, Labasheeda and Cooraclare sewerage scheme are included in my Department's water services investment programme 2005-2007 as schemes to commence construction in 2006 and 2007, respectively.

My Department provides funding towards the domestic share of the capital cost of water services infrastructure that is needed for environmental, economic or public health reasons and that can be justified by reference to value for money considerations. Local authorities are responsible for designing and planning individual schemes and for ensuring that they meet the affordability criteria. In that context, the level of grant available to group water schemes, and the relative cost of proprietary single house waste water treatment systems, are regarded as a suitable guide to local authorities for assessing the cost effectiveness of proposals to serve existing dwellings, and organic growth in the residential sector, by way of new public water or waste water infrastructure.

Clare County Council is reviewing the schemes with a view to devising more cost-effective solutions for each location than those originally proposed. I understand that the council is confident that a suitable and financially viable result will be found. The council's revised proposals will be given the earliest possible consideration on receipt in my Department.

My Department has also suggested that Clare County Council's review might include an examination of North Tipperary County Council's pilot testing of septic tank effluent drainage systems, STEDS. Subject to a satisfactory outcome to the Tipperary pilot project, it would be open to other local authorities, in accordance with public procurement procedures, to invite tenders from competent contractors for the provision of STEDS-based systems at suitable locations. It would not be possible to indicate in advance what the tender cost might be in such cases, as circumstances will differ from location to location.

Pat Breen

Ceist:

978 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government if the contract documents for the Doolin, Ballyvaughan and Corofin sewerage scheme have been prepared; when the contract will go to tender; and if he will make a statement on the matter. [14754/06]

The Doolin, Ballyvaughan, and Corofin sewerage scheme is approved for construction in my Department's water services investment programme 2005-07. My Department is awaiting the submission by Clare County Council of the contract documents for the scheme. Approval of these documents will allow the council to invite tenders for the construction of the scheme.

Fire Service.

John McGuinness

Ceist:

979 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government if an application for road traffic accident equipment for the County Kilkenny fire service will be approved as a matter of urgency; if the process will be expedited; and if he will make a statement on the matter. [14772/06]

An application for funding for the purchase of additional road traffic accident equipment for the Kilkenny County Council fire service was received by my Department on 20 March 2006. An examination of the application will be completed as soon as possible.

Question No. 980 answered with QuestionNo. 948.

National Parks.

Enda Kenny

Ceist:

981 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government if he will clarify the management of fishing at Glenveagh National Park, County Donegal; and if he will make a statement on the matter. [14797/06]

Lough Veagh is an integral part of Glenveagh National Park which is managed for the protection of its internationally recognised natural heritage and its enjoyment by visitors, including a relatively small number of anglers. A recent safety audit conducted at the lake has raised substantive health and safety issues in relation to the present arrangements for the use of boats on the lake. In light of this, my Department is now examining viable options for facilitating fishing on Lough Veagh.

Michael Ring

Ceist:

982 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the stage of a project (details supplied) in County Mayo; when the construction phase will commence; and when the centre will open. [14809/06]

Some €3.81 million has been allocated by my Department under the National Development Plan 2000-2006 for the construction of a new visitor centre to serve Ballycroy National Park, County Mayo, and a site has been purchased in the village of Ballycroy. Planning permission has been obtained by the Office of Public Works, OPW, on behalf of my Department for the construction of the visitor centre and the OPW is finalising documentation for the invitation of tenders for the construction of the centre.

Water Charges.

Billy Timmins

Ceist:

983 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government the position on water charges for national schools; if these rates are in line with policy governing this area; the way in which the standard rate is calculated; if the rates increase with the size of the school; and if he will make a statement on the matter. [14824/06]

Local authorities are required to recover the cost of providing water services from the users of these services, with the exception of householders. The cost of providing water services to the non-domestic sector should be fully recovered by local authorities by means of a meter-based volumetric charge. While current arrangements for schools may, as with other non-domestic users, be based on fixed water services charges, local authorities are moving towards the metering of all non-domestic water use.

The unit cost of providing water services will differ between local authorities and there is no standard rate of charging. It is therefore a matter for each authority to set the appropriate level of charges for non-domestic users of water services necessary for recovery of actual costs.

Environmental Policy.

Olivia Mitchell

Ceist:

984 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government his plans to limit the height of boundary trees in urban settings; and his views on an outright ban on Leylandii, which are wholly inappropriate in an urban setting and the cause of much tension between neighbours. [14851/06]

There are no proposals at present for legislation on this matter.

Housing Grants.

Pádraic McCormack

Ceist:

985 Mr. McCormack asked the Minister for the Environment, Heritage and Local Government when a decision will be made regarding the situation where essential repair grants for the elderly and special housing aid for the elderly grants are dealt with by two different Departments; when a decision will be made that all these grant applications should be dealt with by one Department; and if he will make a statement on the matter. [14892/06]

The current review of the disabled person's grant scheme includes the interrelated nature of disabled persons, essential repairs and the special housing aid for the elderly grant schemes and the issue raised in the question is being considered in this context.

Pádraic McCormack

Ceist:

986 Mr. McCormack asked the Minister for the Environment, Heritage and Local Government if the Government will make the necessary funding available to Galway County Council and Galway City Council in order that they will be able to sanction grant aid to elderly people for repairs to their houses under the essential repairs grant; and when the necessary funds will be made available to Galway County Council and Galway City Council to enable them to begin dealing with grants for necessary repairs to the homes of elderly people. [14894/06]

It is a matter for local authorities to decide on the level of funding to be provided for the essential repairs grant scheme in their area from within the allocation notified to them for disabled person's and essential repairs grants by my Department and to manage the operation of the schemes from within this allocation. My Department recoups to local authorities two thirds of their expenditure on the payment of individual grants, with local authorities funding the remaining third from their own revenue resources with amounts provided for that purpose in their annual estimates of expenses.

A combined capital allocation of €71 million has been provided for the payment of disabled person's and essential repairs grants in 2006. Allocations, which will be notified to local authorities shortly, will be adequate to meet their requirements for the schemes as notified to my Department.

Urban Renewal Schemes.

Finian McGrath

Ceist:

987 Mr. F. McGrath asked the Minister for the Environment, Heritage and Local Government if a statutory body to co-ordinate, manage, develop and protect the waters and lands surrounding Dublin Bay and to grant greater provision and protection of public amenities will be set up; if a master plan on building height and a coastal zone plan will be drawn up; and if he will work with the Minister for Communications, Marine and Natural Resources and the Minister for Transport on these matters. [14908/06]

The waters of Dublin Bay, along with the rivers that drain into it and the associated coastal waters and groundwaters, form part of the eastern river basin district for the purposes of the water framework directive which aims to protect and improve the quality of all waters within the European Union. Dublin City Council is the co-ordinating authority for the preparation of a single river basin management plan which must be prepared and adopted in the district by 2009 by all the relevant local authorities. In addition, there is close liaison by Dublin City Council for this purpose with numerous Departments and State agencies, including my Department; the Department of Communications, Marine and Natural Resources; the Department of Agriculture and Food; the Office of Public Works; the Environmental Protection Agency; the Geological Survey of Ireland; and the Heritage Council.

Dublin City Council has a policy objective in its development plan to prepare a plan for Dublin Bay from and including North Bull Island and the South Wall and up to an including Sandymount, Merrion strand and Booterstown and also concentrated on the port area. The plan will identify and determine the role of that part of the bay as an economic, amenity, recreational, environmental and ecological resource. To progress this objective, Dublin City Council has established a multi-agency steering group, which includes representatives of my Department; the Department of Communications, Marine and Natural Resources; the Department of Transport; and Dublin Port Company. It is expected that the city council, in conjunction with the steering group, will shortly commission a wide-ranging study of Dublin Bay, including the port area, with the aim of identifying and agreeing with key stakeholders a guiding framework for its future overall development.

In addition, I understand that the Dublin regional authority, in a separate initiative, is proposing to establish a Dublin Bay association with a view to producing a master plan for Dublin Bay, including the port area. As an initial step in the process, the Dublin regional authority recently organised a series of discussions for consideration of the various issues involved. My Department will continue to liaise with other relevant Departments, agencies, local authorities and regional authorities in this matter.

Fire Stations.

Bernard J. Durkan

Ceist:

988 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if adequate funding will be given or received by Kildare County Council for the provision, commissioning and completion of the third stage of the fire station in Athy, County Kildare; and if he will make a statement on the matter. [15005/06]

The Department of the Environment, Heritage and Local Government has received no request from Kildare County Council regarding works at Athy fire station.

Planning Issues.

Jerry Cowley

Ceist:

989 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government the criteria required for a person to apply for a wind farm on their own lands; if common criteria exist; and if he will make a statement on the matter. [15047/06]

The criteria for applying for a wind farm on a person's own lands are the same as those applying generally to the making of planning applications, as primarily set out in the Planning and Development Regulations 2001. The main requirements of a valid application include a statement of the applicant's legal interest in the land, evidence of public notification of the application, and the submission of supporting documentation, maps and plans. A planning authority is required to invalidate any application that does not conform to the basic requirements.

In making a planning application, a person should have regard to the provisions of the relevant development plan. The guidelines for planning authorities on wind energy development, which I will publish in final form shortly, should also be of assistance to applicants for permission for wind farms in preparing successful applications.

Water and Sewerage Schemes.

Michael Ring

Ceist:

990 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if he will sanction funding for an extension to a sewerage scheme (details supplied) in County Mayo. [15049/06]

The Department of the Environment, Heritage and Local Government allocated funding to Mayo County Council under the serviced land initiative for an extension of the Shrule sewerage scheme on the Dalgan Road in 2001. I understand that the works were completed in 2002. No further proposals have been received from the council.

Question No. 991 answered with QuestionNo. 945.

Planning Issues.

Jerry Cowley

Ceist:

992 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government what constitutes a local person in the context of the 2005 rural planning guidelines; and if he will make a statement on the matter. [15057/06]

Jerry Cowley

Ceist:

995 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if children born in an area are constituted as local in the context of the 2005 rural planning guidelines; if this should be taken into account in the overall evaluation of a family; and if he will make a statement on the matter. [15060/06]

I propose to take Questions Nos. 992 and 995 together.

The sustainable rural housing guidelines for planning authorities provide that development plans should set out the categories of persons who are considered to have rural-generated housing needs. Suggested categories include persons who are an intrinsic part of the rural community such as farmers and their families, people who have lived most of their lives in rural areas and returning emigrants. Other suggested categories include persons working full-time or part-time in rural areas such as those involved in farming, forestry, inland waterway or marine related occupations, and people whose work is intrinsically linked to rural areas, such as teachers in rural schools.

The guidelines make clear that the foregoing list is not intended to be exhaustive and that it is a matter for each planning authority to make its own assessment of the scope and extent of rural housing needs to be catered for in its development plan, taking account of local conditions and relevant planning issues.

Jerry Cowley

Ceist:

993 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government what constitutes a medical condition in the context of the rural planning guidelines 2005; if a planner can overrule a medical consultant’s professional opinion; and if he will make a statement on the matter. [15058/06]

The sustainable rural housing guidelines for planning authorities state that planning authorities should recognise that exceptional health circumstances, supported by relevant documentation from a registered medical practitioner and a disability organisation, may require a person to live in a particular environment or close to family support. A planning authority should consider granting permission in such cases, in the absence of any strong environmental, access or traffic reasons for refusal. The application of the provisions of the guidelines in an individual case is a matter for the relevant planning authority, or An Bord Pleanála where appropriate.

Jerry Cowley

Ceist:

994 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if his Department has outlined a certain set of rules in relation to e-mail planning submissions; his views on whether it is inconsistent for local authorities to accept same sometimes and not at other times; and if he will make a statement on the matter. [15059/06]

Section 248 of the Planning and Development Act 2000 provides that any document or other information that is required or permitted to be given in writing under the Act, or any regulations made under the Act, by any person may be given in electronic form if at the time it was given it was reasonable to expect that it would be readily accessible to the planning authority, board or other person to whom it was directed for subsequent reference or use; if such document or information is required or permitted to be given to a planning authority or the board and the planning authority or the board consents to the giving of the information in that form, but requires the information to be given in accordance with particular information technology and procedural requirements, or that a particular action be taken by way of verifying the receipt of the information, if the requirements of the planning authority or the board have been met and those requirements have been made public and are objective, transparent, proportionate and non-discriminatory; and if such document or such information is required or permitted to be given to a person who is neither a planning authority nor the board, if the person to whom the document or other information is required or permitted to be given consents to the information being given in that form. It is a matter for planning authorities to apply the terms of the legislation.

Question No. 995 answered with QuestionNo. 992.
Question No. 996 answered with QuestionNo. 947.

Road Network.

Jerry Cowley

Ceist:

997 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if he will put pressure on the National Roads Authority and Mayo County Council to bring the Castlebar to Belmullet road to standard as it is down to a single lane and the amount of traffic is ever-increasing; and if he will make a statement on the matter. [15062/06]

Part of the Castlebar to Belmullet road is classified as a national secondary road — the N59 — while a number of sections are non-national or regional roads. Responsibility for national roads, which include national secondary roads, is a matter for the relevant road authority and the National Roads Authority, which operates under the aegis of my colleague, the Minister for Transport. The Department of the Environment, Heritage and Local Government has no function in the funding of national roads. The provision of non-national roads in County Mayo is a matter for Mayo County Council to be funded from its own resources, supplemented by grants provided by the Department. The council has included three schemes in its restoration improvement programme which will be funded from the Department's 2006 restoration improvement grants scheme — the R312 Derrycoosh to Bellacorrick road; works at Cummer at a cost of €165,750 and works at Bellacorrick to Keenagh at a cost of €459,082 and the R313 Bangor to Belmullet road; and works at Glencastle at a cost of €315,000. In addition, under the 2006 EU co-financed specific improvements grant scheme, the council has been allocated a grant of €1.5 million for realignment works on the Castlebar to Derrycoosh section of the R311 Castlebar to Newport road. This is the only application submitted by the council, in respect of the non-national road sections of the Castlebar to Belmullet road, for consideration for funding in 2006 under this scheme. Mayo County Council may also use the discretionary improvement grant provided by the Department towards the carrying out of such works. The discretionary improvement grant allocation to the council in 2006 is €1,603,000, an increase of 7% on the 2005 initial allocation. The selection of works to be funded from this allocation is a matter for the council.

Election Management System.

Paul McGrath

Ceist:

998 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the estimated costs in 2006 for storage of the electronic voting machines and ancillary equipment in each constituency; and if he will make a statement on the matter. [15090/06]

Paul McGrath

Ceist:

999 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government if a report has been carried out by his Department regarding the use of electronic voting machines in future elections; the conclusions of these assessments; and if he will make a statement on the matter. [15091/06]

Paul McGrath

Ceist:

1000 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government if assessments have been carried out by his Department into the storage procedures of the electronic voting machines; if progress has been made on the proposed central storage of same; and if he will make a statement on the matter. [15092/06]

Paul McGrath

Ceist:

1001 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government if assessments have been carried out by his Department in the storage procedures of the ancillary equipment for the electronic voting machines; if progress has been made on the proposed central storage of same; and if he will make a statement on the matter. [15093/06]

I propose to take Questions Nos. 998 to 1001, inclusive, together.

A programme of further assessment, testing and validation of the electronic voting and counting system is under way to address issues raised by the Commission on Electronic Voting and demonstrate that the system operates reliably, securely and accurately. The timing of the further use of the system is dependent on the progress made with this work and the ongoing work of the Commission on Electronic Voting, the associated decisions arising in this regard, and the dates at which future polls may be held.

Information provided by returning officers to my Department indicates that the total annual storage cost for the electronic voting machines and ancillary equipment is €696,000.

The following table sets out annual storage costs for each of the 25 locations. I have requested my Department to examine the question of central storage of the voting machines and equipment, and this work is under way.

Constituency

Annual Storage Costs (incl. VAT)

Carlow-Kilkenny

29,595.00

Cavan-Monaghan

25,828.00

Clare

3,600.00

Cork City

42,499.50

Cork County

37,609.30

Donegal

15,714.00

Dublin City

72,350.00

Dublin County

62,938.66

Galway

5,253.00

Kerry

26,125.00

Kildare

27,125.86

Laois-Offaly

28,178.00

Limerick

57,675.86

Longford

15,095.16

Roscommon

10,374.98

Louth

298.00

Mayo

34,930.00

Meath

20,366.00

Sligo

Leitrim

3,000.00

Tipperary (N&S)

42,700.00

Waterford

52,888.48

Westmeath

22,805.34

Wexford

16,876.00

Wicklow

42,455.80

Total

696,281.94

Waste Management.

Brian O'Shea

Ceist:

1002 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government the discussions he has had with the Department of Finance in the matter of the introduction of a national waiver scheme for refuse charges; and if he will make a statement on the matter. [15184/06]

My Department has no statutory function in the determination of waste charges and waivers and has not been in discussions with the Department of Finance regarding the introduction of a national waiver scheme for refuse charges. In accordance with section 52 of the Protection of the Environment Act 2003, the determination of waste management charges, and the provision of waivers, is a matter for the relevant local authority, where it acts as the service provider. Similarly, where a private operator provides the collection service, it is a matter for that operator to determine charges.

The issue of waste charges has been raised in the context of social partnership. In this context, my Department engaged with the Department of Social and Family Affairs to explore the issues involved. However, these discussions did not identify a role for the social welfare system in providing income support or allowances in relation to waste charges.

Waste Charges.

Paul Connaughton

Ceist:

1003 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government if he accepts that there is an unfairness in the method by which the farming community are charged for the cost of meters for the supply of water to their farms; if his attention has been drawn to the fact that for many farmers, particularly in the west of Ireland who have fragmented farms, in many cases farmers with only 30 or 40 acres of land have their holdings extended across six or seven fragmented farms which means that they have to pay the full rate for six or seven meters; if his attention has been further drawn to the fact that this is a major financial burden on small farmers; and if he will make a statement on the matter. [15186/06]

In accordance with the EU water framework directive, the national water services pricing policy framework provides for the recovery by sanitary authorities of the full cost of providing water services from the users of these services, with the exception of households using the services for domestic purposes. This policy of cost recovery from the non-domestic sector extends to the provision of meters, which are necessary to ensure water charging of users according to actual consumption.

Local authorities are at an advanced stage of implementing their non-domestic metering programmes and will have substantially concluded these by the end of 2006. The metering of non-domestic water supply is also intended to incentivise all non-domestic users, including the farming community, to manage and conserve their use of water.

My Department is aware that in some situations non-domestic users, including farmers, may need to have a number of separate meters installed on their properties. Precise charging arrangements in these circumstances would be a matter for settlement locally between property owners and local authorities. However, in principle, the costs associated with the provision of water supply, including the installation of water meters, should be met by the users of the service.

Water and Sewerage Schemes.

Denis Naughten

Ceist:

1004 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government, further to Question No. 867 of 21 March 2006, the status of the application with his Department from Roscommon County Council to fund the construction of 16 sewerage schemes in the county; when these projects will be approved; and if he will make a statement on the matter. [15338/06]

My Department has now received a revised preliminary report for the advancement of waste water facilities in 13 of the 16 locations included in the Roscommon towns and villages sewerage scheme in accordance with proposals agreed in principle between the Department and Roscommon County Council earlier this month. I expect formal approval of the revised preliminary report to issue shortly to the council. The scheme is approved for construction in my Department's water services investment programme 2005-2007. I understand that the council is continuing to examining the viability of the proposals for the remaining three locations in the scheme — Brideswell, Castleplunkett and Curraghboy.

Emmet Stagg

Ceist:

1005 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if he has approved the contract documents for the lower Liffey valley sewerage scheme. [15548/06]

I refer to the reply to Question No. 426 of 6 April 2006.

Emmet Stagg

Ceist:

1006 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if he will approve the upper Liffey valley sewerage scheme. [15549/06]

I refer to the reply to Question No. 428 of 6 April 2006.

Housing Grants.

Emmet Stagg

Ceist:

1007 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if he will supply the information requested in Question No. 247 of 2 March 2006. [15550/06]

Some information relating to expenditure in 2005 on disabled person's and essential repairs grants is awaited from local authorities. On its receipt, full expenditure details for all authorities will be made available on the Department's website and published in the annual housing statistics bulletin 2005.

Local Government Act.

Emmet Stagg

Ceist:

1008 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if he has met interest groups to date in 2006 in relation to the issuing of regulations under the Local Government Act 2001 to allow, by order, the establishment of new town councils; and the details of same if applicable. [15552/06]

The issue of the creation of new town councils and their prospective functional responsibilities features in discussions held from time to time with local government interests and representative associations throughout the country as the opportunity arises. I am considering the steps necessary to commence the relevant provisions of the Local Government Act 2001 to permit the establishment of new town councils. I will keep the position under review with the aim of ensuring good accessible local government service delivery for all towns.

Local Authority Staff.

Emmet Stagg

Ceist:

1009 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government his views on whether local authorities, where there is substantial population growth, are suffering from the public service embargo; and if he intends to request the lifting of the embargo for such local authorities. [15553/06]

I refer to the reply to Question No. 427 of 6 April 2006. Local authority staffing increased by over 25% in the period 1997 to 2003 and I am continuing to keep the overall employment position in the sector under regular review, having regard to the need to deliver quality frontline services and achieve value for money within the parameter of Government policy on public service employment generally.

Departmental Contracts.

Ruairí Quinn

Ceist:

1010 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if his Department has sought legal advice from outside legal advisers; and the fees paid to each such legal adviser in 2004 and 2005. [15777/06]

My Department has paid for legal advice or assistance from outside legal advisers in 2004 and 2005 in accordance with the details set out in the following table.

Purpose

Legal Adviser

Amount paid in 2004

Amount paid in 2005

Legal actions being taken by Ireland against the Sellafield MOX plant

Philippe Sands

1,040

288

Legal actions being taken by Ireland against the Sellafield MOX plant

Egan, Fitzpatrick, Malsch & Cynkar, PLLC

99,104

984,581

Transposition of EU legislation

Eugene Regan (Barrister At Law)

19,360

Advice on contractual issues in relation to electronic voting

Philip Lee (Solicitors)

7,796

4,371

Legal advice on contract procedure

A & L Goodbody

4,700

Rental accommodation scheme

William Fry Solicitors

22,790

Drafting of amendments to Habitats Regulations

Elizabeth Cogan, BL

1,150

Advice on drafting of Legal Matters Handbook for National Parks and Wildlife Service Staff

Henry Comerford BL

1,950

Departmental Staff.

Ruairí Quinn

Ceist:

1011 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the legal advisers or other qualified lawyers employed in a professional capacity by State bodies under the aegis of his Department. [15791/06]

While some of the larger local authorities employ their own legal advisers, this is not the case for any of the specialised agencies operating under my Department's aegis.

Ruairí Quinn

Ceist:

1012 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if his Department has legal advisers of its own, naming the officers in question; and the reason effect has not been given to the recommendation in the report of the review into the law offices of the State 1997 that legal advice should be given to the Government only by the Attorney General and his office. [15805/06]

Following the recent retirement of its legal adviser, my Department has arranged with the Office of the Attorney General for the secondment to us of an advisory counsel in the near future.

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