Vol. 624 No. 3
135 Mr. Stanton asked the Tánaiste and Minister for Justice, Equality and Law Reform further to Question No. 476 of 27 June 2006, if a public consultation process has begun on the proposed development of new prison facilities on Spike Island; if not, when he expects public consultations to begin; the details of these consultations; and if he will make a statement on the matter. [30680/06]
The planning process for the proposed prison development at Spike Island has not yet commenced. I am advised by the Prison Service that it expects to be in a position to lodge the relevant planning documents in early 2007. Full details of the proposed prison development will be made known at that time in accordance with the statutory planning procedure. At that stage, all of the relevant material including properly balanced assessments of the various issues involved will be made available.
A separate but related planning issue relates to access to the island. I have instructed the Office of Public Works (OPW) to prepare the relevant planning procedures including an assessment of the environmental and related issues arising to enable the construction of a bridge to the island. I am advised by the OPW that this planning process will commence shortly.
136 Mr. Stagg asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of firearms and knives surrendered under the recent amnesty; if he is satisfied regarding the number of items surrendered; the steps which were taken to promote public knowledge of the amnesty; and if he will make a statement on the matter. [30634/06]
I am informed by An Garda Síochána that in the first three weeks of the Weapons Amnesty, which commenced on the 1st September, 2006, 101 guns, 26 knives and 14 assorted offensive weapons were handed in to Garda stations throughout the country. In addition, a quantity of ammunition has also been surrendered. The amnesty runs for a period of 2 months, from 1st September to 31st October, 2006, and I am confident that many more weapons will be surrendered to the Gardaí before the amnesty ends.
My Department has engaged in an extensive advertising campaign to promote the amnesty. This includes the production of 20,000 information leaflets for distribution through Garda stations throughout the country, a media advertising campaign in the national and provincial newspapers together with an extensive billboard advertising campaign. The media advertising campaign will run for the duration of the amnesty and this campaign will be augmented in the latter stage with a nationwide billboard advertising campaign, involving over 200 sites throughout the country, which will run from the 9th October to the 22nd October.
137 Mr. Stanton asked the Tánaiste and Minister for Justice, Equality and Law Reform further to Question No. 63 of 8 June 2006, if the draft National Women’s Strategy has been finalised; if not, when he expects it to be completed; the names of the groups or organisations involved in the external consultation process; the areas covered by the strategy; and if he will make a statement on the matter. [30681/06]
The National Women's Strategy, which is nearing completion, is a wide ranging document setting out the Government's Strategy to foster socio-economic opportunity; well-being; and active participation in decision making for the women of Ireland over a ten year period.
The Strategy is set in a context where we have a strong corpus of equality legislation in place but where women still experience difficulties in achieving true gender equality. The Deputy's earlier question on the gender pay gap, to which he refers in this question, is just one of a range of issues where women still experience inequality. The issues are often complex and multifaceted and the answers are therefore also complex and require far-seeing responses.
The Inter-Departmental Committee appointed to undertake the task of preparing the Strategy brings together senior representatives from all fifteen Government Departments under the chairmanship of my Department. This Committee has been tasked to
take responsibility for drafting and finalising a National Women's Strategy, as committed to in Sustaining Progress;
consult with the Social Partners and National Women's Council of Ireland, through the Consultation Group, in developing the Strategy; and
advise in relation to a communication plan for the publication and launch of the Strategy.
The Consultation Group includes representatives of the employer organisations, trade unions, the community and voluntary pillar, the farming pillar and the National Women's Council. This group is tasked to
receive and comment on drafts of the National Women's Strategy as prepared by the Inter-Departmental Committee;
advise in relation to the content of the National Women's Strategy; and
contribute to the development of a communication plan for the publication and launch of the Strategy.
In addition, the Equality Authority has been consulted in relation to the Strategy.
The Inter-Departmental Committee is currently finalising a full draft of the Strategy prior to its submission for further consideration by the Consultation Group. I am hopeful that the Strategy will be ready for publication before the end of this year.
The draft Strategy is a well structured document which aims to draw together all of the actions of Government which impact upon the lives of women. It is therefore very broad ranging, addressing issues varying from social inclusion and women's risk of poverty to female membership of State Boards, from the gender pay gap to female entrepreneurship.
Its aim is to include a range of actions which support women in all the facets of their lives, from school through to old age and its implementation will involve positive actions from almost all Government Departments.
The National Women's Strategy is being prepared to honour a commitment made to the women of Ireland, both in Sustaining Progress, the partnership agreement, and in the international forum of CEDAW, the United Nations Convention on the Elimination of Discrimination against Women.
The present Strategy was preceded by an Action Plan prepared in the context of the Beijing Platform for Action under the auspices of the United Nations. Again the Beijing Platform for Action, which was prepared in the context of a UN World Summit for Women, identified twelve areas of concern in relation to women's issues. Cognisance is being taken of these in the preparation of the National Women's Strategy.
In addition, in preparation for the Action Plan, a widespread consultation took place with women throughout Ireland and their aspirations are being incorporated as far as possible into the National Women's Strategy.
While it may appear that the preparation of the Strategy has been time consuming, it has involved a significant amount of research and consultation with a view to preparing a comprehensive strategy that will resonate with all the women of Ireland. I make no apology for the time which it is taking, as I believe that the Strategy, when published, will provide a solid road map for the achievement of true gender equality in Ireland.
138 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform when he will implement section 16 of the Criminal Evidence Act 1992 which provides that a video recording of evidence given by a person under 17 years of age in respect of sexual or violent offences shall be admissible as trial evidence; and if he will make a statement on the matter. [30623/06]
Section 16 of the Criminal Evidence Act, 1992, as amended, makes provision for the video recording of any evidence given, in relation to a sexual offence or an act involving violence, by a person under 17 years of age through a live television link in proceedings relating to indictable offences. The relevant subsection — (1)(a) — was commenced in 1993. It will be noted that this subsection covers persons under 14 years of age also.
Section 16 also makes provision — in subsection (1)(b) — for the video recording of a statement made by a person under 14 years of age (in respect of whom a sexual offence or an offence involving violence is alleged to have been committed) during an interview with a member of the Garda Síochána or any other person who is competent for the purpose. It provides that such a video recording shall be admissible at a trial as evidence, provided that the person whose statement was video recorded is available at the trial for cross examination.
My predecessor as Minister for Justice, Equality and Law Reform established a committee in 1998 to draw up guidelines for persons involved in video recording interviews with a complainant (aged under 14 years of age or with an intellectual disability) in relation to a sexual and/or violent offence during an interview with a member of the Garda Síochána or other person competent for the purpose, as he considered that it would benefit complainants and interviewers if good practice guidelines on the conduct and recording of such interviews were made available. This committee subsequently submitted in 2003 advisory Good Practice Guidelines with related recommendations.
The Guidelines cover a number of areas. In addition, the committee made a number of recommendations, including recommendations that:
there should be sufficient suitable facilities available for video recording evidential interviews;
there should be a joint national programme in place for training interviewers, which should be regularly reviewed. In tandem with this, there will be a need for a national training programme for all professionals who are likely to have reference to the Guidelines.
Devising new mechanisms to oversee the implementation of the Good Practice Guidelines and associated recommendations by the Gardaí and the health authorities requires input from a number of Departments and agencies, including the Health Service Executive, the Garda Síochána, my Department and the Department of Health and Children. This view is shared by the Department of Health and Children.
My Department obtained the views of the Health Service Executive on the most effective mechanisms to oversee the implementation of the Guidelines and associated recommendations, including the issues of how a joint national training programme might be developed by the agencies involved and how suitable places to conduct interviews of the type in question might be made available. My Department also obtained the views of the Garda Síochána.
The advice received is that Garda stations or Health Centres or other such facilities would be inappropriate places in which to conduct such interviews. However, the Probation Service has identified suitable accommodation in one of its premises in Dublin. The Office of Public Works has been informed, and an architect and electrical engineer have been appointed to work on the project.
Work is proceeding on drawing up a specification for the facility. As part of this work, arrangements are being made by the Health Service Executive to view a care suite in Northern Ireland, receive an overview on training and other relevant service issues. In addition, the HSE is arranging for the viewing of a similar facility in this jurisdiction which is used for therapeutic purposes. The HSE is also in contact with the Irish network of professionals working in child sexual abuse assessments.
I attach the highest importance to the setting up of this facility.
139 Mr. Gilmore asked the Tánaiste and Minister for Justice, Equality and Law Reform when the term of office of the current Inspector of Prisons will expire; if it is intended to reappoint Mr. Dermot Kinlen to this position; when the position will be put on a statutory basis; and if he will make a statement on the matter. [30610/06]
Mr Justice Dermot Kinlen was appointed on a non-statutory basis as Inspector of Prisons and Places of Detention for a five-year term with effect from his retirement from the High Court Bench in April, 2002 on reaching the statutory age limit for service in that Court. His term of office will therefore expire in April, 2007.
I have received Government approval to establish an Office of Inspector of Prisons on a statutory basis. I will be introducing an appropriate statutory provision by means of an amendment to the Prisons Bill 2005 in the near future. I would hope that the Bill, as amended, will be enacted before Christmas of this year so that the statutory office can be established in 2007.
I have made no final decision as to the appointment of a person to the new statutory office.
140 Mr. M. Higgins asked the Tánaiste and Minister for Justice, Equality and Law Reform if Operation Anvil, announced by him on 17 May 2006 remains in operation; the number of weapons seized to date; the number of arrests made; the number of charges preferred, arising from the operation; the length of time the operation will continue; and if he will make a statement on the matter. [30612/06]
Operation Anvil commenced in the Garda Dublin Metropolitan Region on 17 May, 2005. It is an intelligence led policing initiative, the focus of which is the targeting of active criminals and their associates involved in serious crime by preventing and disrupting this criminal activity through extensive additional overt patrolling and static check points by uniform, mobile and foot patrols, supported by armed plain clothes patrols. The Operation remains in place and is on-going in the Dublin Metropolitan Region. It was extended nationwide in 2006.
Outside the Dublin Metropolitan Region, a series of special operations, prepared by senior Garda managers and designed to focus on areas and incidents of high crime, has been initiated. These operations are focused with particular targets identified. A number of these operations have been completed, while further are ongoing.
Operation Anvil has proved to be very successful in disrupting the criminal activities of a number of key criminal gangs. It has resulted in a number of high-profile arrests and the acquisition of intelligence on the movements of criminals. Notable improvements have been achieved in recorded crime in the target crime areas under the operation. An example of a recent success is the operation carried out in the Moyross area last week, in which four arrests were made and four firearms (two rifles and two sawn off shotguns) and a quantity of ammunition were seized.
A budget of approximately €11 million has been allocated for Operation Anvil during 2006, and the Garda Commissioner has been advised that an additional €10 million has been made available for further operations to tackle gang related crime.
The most recent figures available to me show that since the introduction of Operation Anvil in May 2005, 515 firearms have been seized in the Dublin Metropolitan Region. To date, Operation Anvil has resulted in more than 3,000 arrests for serious crimes, including 53 arrests in connection with murders in the Dublin Metropolitan Region. Outside the DMR over 1,683 persons have been arrested and 135 firearms seized. I am advised that information on the number of charges preferred under Operation Anvil is not readily available.
In addition to the introduction of Operation Anvil, the Commissioner in November 2005 augmented the Organised Crime Unit at the National Bureau of Criminal Investigation with an additional 55 Garda members to address the problem of criminal gang activity. Enforcement by the Unit has resulted in further firearms being seized and a number of persons arrested, thereby disrupting their criminal activities.
Operation Anvil will continue to be funded to this extent as long as the Commissioner considers that it is necessary to do so and it is fulfilling its objectives.
141 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will justify his assertion that Irish public opinion supported an age of criminal responsibility of ten, and that the Irish public demanded that criminal prosecutions be pursued against 11 year old children who commit serious offences. [30690/06]
194 Mr. Ferris asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will reconcile the new provisions lowering the age of criminal responsibility for serious crimes from the age originally provided for by the Children Act 2001 with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, also known as the Beijing Rules, which advise against setting a low age of criminal responsibility. [30691/06]
I propose to take Questions Nos. 141 and 194 together.
Amendments to the Children Act 2001, introduced in the Criminal Justice Act 2006, will effectively raise the minimum age of criminal responsibility from 7 years to 12 years, in all but the most serious cases. In addition, proceedings against children under 14 years of age will require the consent of the Director of Public Prosecutions. These provisions will come into force on the 16th of October this year. Further provisions will allow the Court to dismiss a case against a child under 14 where it determines that the child did not have a full understanding of what was involved in the commission of the offence.
In response to Deputy Ó Caoláin's question, what I actually said was that public opinion in Ireland demanded that criminal prosecutions should be pursued against young people accused of homicide or sexual offences. In the preparation of the recent legislation on the matter, careful consideration was given to getting the balance right taking into account the vulnerability of young people and the consequential obligation on Government, supported by public opinion, to respond differently to their needs and deeds.
The Deputy will be aware that there have been cases in other jurisdictions where there have been murders by 11 year olds. There have been serious offences committed here by 11 year olds. Thankfully the number of cases is very small. However, I do not think it is satisfactory for victims that the only sanction is for the perpetrators to be referred to social services. In addressing serious youth offending there is an obligation on Government to provide strong law together with good programmes if they are found guilty.
The exceptions to the general age of responsibility of 12 years have been introduced for a number of good reasons. I do not believe that the original proposal in the 2001 Act, which would have given 10 and 11 year old children total immunity to being dealt with for the most serious offences on the statute book would be an acceptable situation. As well as that, the common law meaning of the age of criminal responsibility is the age of capacity to commit an offence, the offence per se is not available as a ground for intervention in relation to the child.
The changes to the age of criminal responsibility have removed the concept where a child under a particular age does not have the capacity to commit an offence. I think we can all accept that the age and level of maturity of a child may, in some cases, have an effect on his or her full understanding of what is involved in the commission of an offence. The amendments to the Children Act give the Court the power to consider this question on an individual basis for a child under the age of fourteen. Different children mature at different rates. The 2001 Act adopts an individualised approach which allows the Court to exercise discretion in determining in any particular case the child's understanding of what is involved in the commission of an offence.
In practical terms what all this means is that no child under 12 years of age can be charged with an offence apart from unlawful killing; a rape offence or aggravated sexual assault; no proceedings can be taken against a child under 14 years except by or with the consent of the DPP; and any case against such a child can be dismissed where the court determines that the child did not have a full understanding of what was involved in the commission of the offence.
If current trends continue it will be very rare that a child under 12 years of age will be charged with an offence and the reality is that not all children under 14 years of age will be charged or prosecuted.
By any standard what I have proposed is reasonable and positive. Section 4.1 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice does not define a minimum age of criminal responsibility. It requires that the age "shall not be fixed at too low a level" and that the "emotional, mental and intellectual maturity" of the child should be borne in mind.
I remind the Deputy that I am raising the age of criminal responsibility from 7, as it is at present, to 12 in almost all cases, effective from the 16th of October, 2006. I have also introduced specific provisions in respect of the age and maturity of the child, in accordance with the Beijing Rules.
The age of criminal responsibility is just one aspect of a much wider youth justice policy, the legislative framework for which is set out in the Children Act 2001. A substantial portion of this Act is already in force, I am happy to say replacing the somewhat dated 1908 Children Act. It is my intention, and that of my colleague the Minister for Children, to see the outstanding provisions of the 2001 Act implemented in early 2007. There have also been a number of other significant developments in the areas of youth justice recently. One of which was the establishment of the new Irish Youth Justice Service as an executive office of my Department last December. These along with other developments are already creating improvements in our youth justice system and delivering better outcomes for children who come into contact with the law.
142 Ms O’Sullivan asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress with regard to the greater use of civilians in An Garda Síochána in order to release more members for front line policing duties; the number of posts occupied by gardaí in 2001 that are now occupied by civilians; the plans he has to fill further such posts; and if he will make a statement on the matter. [30618/06]
In my reply to Priority Question No. 4 of 27 April 2006, I provided a comprehensive update on the significant progress being made in relation to civilianisation, and again in reply to Oral Question No. 19 of 8 June 2006. I am pleased to inform the Deputy that over the Summer further significant progress has been made. The main developments in this regard are as follows: the Garda Information Service Centre (GISC) in Castlebar is now almost fully operational, with some 150 civilian staff now employed there out of a sanctioned total of 160. Recruitment of the remaining staff is currently underway. The GISC allows Gardaí who would otherwise have to return to their Stations to input data on the PULSE system, to log the information with the GISC, while remaining on the beat. This major initiative has freed up significant amounts of Garda time for continued operational duty. The Garda authorities are already considering what other tasks could be devolved to the GISC which would release additional Garda resources to front-line policing.
Discussions have now concluded with staff interests regarding the transfer of civilian staff to the direct control of the Garda Commissioner, a reform provided for in the Garda Síochána Act 2005. I will shortly make the required Order to give effect to the transfer of staff on 16 October next.
As part of the agreement with the staff side on the transfer of staff, sanction has been granted by the Minister for Finance for an additional 76 civilian clerical and administrative posts to be located around the country on a regional and divisional basis. Recruitment to these posts will be progressed as quickly as possible.
The Human Resources Division for civilian staff in An Garda Síochána has now been established and when fully operational will have a staffing complement of 37 civilians who will carry out recruitment, training, discipline, industrial relations and general HR administrative functions for the 1,900 clerical, administrative, professional, technical and industrial civilians now working with An Garda Síochána. The Division will also play a key strategic role in driving forward the wider Civilianisation Programme. The Director and a number of staff have now commenced duty, and recruitment of the remaining staff is underway.
A new civilian Accommodation Manager at Garda Headquarters commenced duty on 11 September last.
Under the Garda Síochána Act, the Commissioner became the Accounting Officer for An Garda Síochána in July this year. This transfer of responsibility is being supported by the recruitment of nine (9) civilian Finance & Procurement staff.
I have also received sanction from my colleague the Minister for Finance to civilianise 31 posts in the Garda Telecommunications area. These positions, most of which were previously occupied by Gardaí, will be advertised shortly.
Progress is also being made on recruitment to a range of new civilian posts, including:
28 staff (statisticians, analysts and administrative staff) for the Professional Standards Unit;
10 internal audit posts;
14 additional teaching/training posts in the Garda College, Templemore; and
29 crime analysts.
Meanwhile, the Joint Implementation Group (JIG) comprising management representatives from An Garda Síochána and my Department is continuing its work on civilianisation. Given that the 2001 Civilianisation Report was written at a particular point in time, the JIG is taking account of changes which have occurred in the environment in which civilianisation is being pursued and looking at ways in which the Civilianisation Programme can be advanced in the shorter term, both in the context of the report and otherwise. As the Deputy can see, considerable progress is now being made by the Group and further initiatives are being planned.
I might add that significant progress is being made in the current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government. This project is fully on target and will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of this year. The first three groups of newly attested Gardaí under this accelerated recruitment programme came on stream in March, June and September of this year and the fourth such group will become fully attested members of the Force later this year. Further tranches of approximately 275 newly attested Gardaí will follow every 90 days thereafter until the programme is complete. The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources.
I am determined to drive the Civilianisation Programme forward to ensure that the Gardaí being recruited in this current historic expansion of the Force are deployed to front-line policing duties and that appropriately trained and qualified civilians make the greatest contribution possible consistent with the effective and efficient functioning of An Garda Síochána. I am confident that the progress now being made on civilianisation will deliver on both fronts.
143 Mr. Rabbitte asked the Tánaiste and Minister for Justice, Equality and Law Reform his response to the report of the Birmingham Commission into the Dean Lyons case; the action he has taken or plans to take arising from the report; and if he will make a statement on the matter. [30605/06]
I published the Report of the Commission of Investigation into the Dean Lyons case on 1 September 2006. I believe the Report, based on the evidence of all relevant witnesses, offers a thorough independent analysis of the facts surrounding the false confession made by Dean Lyons. I am pleased to note that the provisions of the Commissions of Investigation Act 2004 which I availed of in this case have ensured a timely and cost effective investigation without in any way compromising or encroaching on its proper conduct. I am indebted to Mr. Birmingham and his legal and administrative personnel for the thorough manner in which they performed this difficult and sensitive task.
I sent a copy of the report to the Garda Commissioner and at present it is under consideration by him.
I also sent a copy to the Expert Group which I established in the light of concerns arising from the Dean Lyons case. The Group will be reporting to me on the adequacy of Garda training, protocols, regulations and procedures, in assessing the fitness of suspects to be interviewed and on the recording of any bona fide reservations of an individual member of a Garda investigation team as to the truthfulness or accuracy of self-incriminating statements. The Expert Group comprises ex Asst Commissioner Tony Hickey, Mr Charles Smith ex Director of the Central Mental Hospital, a senior official from the DPP's office and a senior civil servant.
I have already stated publicly that I will publish the report of the Expert Group.
144 Mr. Gogarty asked the Tánaiste and Minister for Justice, Equality and Law Reform when Ireland will sign and ratify the Council of Europe Convention Against Trafficking in Human Beings; the steps he has taken to bring Irish criminal law into line with the requirements of the convention; and if he will make a statement on the matter. [30711/06]
The question of Ireland signing and ratifying the Council of Europe Convention on action against trafficking in human beings is currently being examined.
Legislation creating a criminal offence of trafficking in persons for the specific purpose of sexual or labour exploitation is contained in the Criminal Law (Trafficking in Persons and Sexual Offences) Bill 2006 which is currently being drafted in the Office of the Parliamentary Counsel. This Bill will allow for compliance with the criminal law requirements of the Convention. However, the Bill will be more comprehensive than dealing only with trafficking issues; it will also provide greater protection to vulnerable persons, in particular children, against sexual abuse and generally keep our legislation in that respect up to date.
As regards the treatment of victims, the current immigration procedure in Ireland allows victims to be dealt with sympathetically. Compliance with the Convention will require a more formalised process for dealing with trafficking victims. However, in practice it would not result in any major change in the way cases are dealt with at present.
145 Mr. S. Ryan asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress made with regard to the establishment of the Garda Ombudsman Commission; the number of staff recruited to date; when the Commission will be in a position to begin dealing with complaints from the public; and if he will make a statement on the matter. [30627/06]
The Garda Síochána Ombudsman Commissioners were appointed by the President on the 10th February 2006, following nomination by the Government and recommendations by both Houses of the Oireachtas. The Commission is in a preparatory stage at present. I understand that the initial work of the Commission has involved study visits to their counterparts in Northern Ireland and the UK and initial meetings with the various stakeholders involved in the Garda complaints system, such as Garda management, the Garda representative bodies and officials of my Department. This process is aimed at enabling the Commission to establish principles regarding its approach to investigating complaints and to work on the development of operational protocols with the Garda Síochána. The Commission have advertised all of their senior posts: Director of Investigations, Deputy Director of Investigations, Director of Administration and Head of Legal Affairs, and all of their investigative staff. General staff will be sourced from Department of Finance Dublin decentralisation arrangements. The short list for the post of Director of Investigations have been interviewed and I understand that an offer to the successful candidate is imminent. Interviews for the remaining senior posts are scheduled by the Public Appointments Service to take place later this month. The Commission is working towards being in a position to receive complaints as soon as possible in 2007.
146 Mr. Cuffe asked the Tánaiste and Minister for Justice, Equality and Law Reform if he, or members of staff at his Department, engaged in consultation with Dún Laoghaire Rathdown County Council on the proposed sale of Shanganagh Castle and lands; if so, if such consultation addressed the way the lands might be developed with the best interests of the local community in mind; and if he will make a statement on the matter. [30702/06]
178 Mr. Sargent asked the Tánaiste and Minister for Justice, Equality and Law Reform the way he which he will use the proceeds of the sale of Shanganagh Castle, County Dublin; and if he will make a statement on the matter. [30703/06]
I propose to take Questions Nos. 146 and 178 together.
The proceeds from the sale of this property will be used to offset the costs of the major capital investment programme which I am making in the prison system.
Part of the property — about 21 acres — was, following discussions with Dún Laoghaire Rathdown County Council, sold to that body. The sale was concluded in 2005. I should add also that Prison Service Officials were at the time informed by the Council that it had no interest in the remaining lands, including the buildings, which are now for sale by tender.
Officials of the Prison Service recently facilitated a request from the Dun Laoghaire Rathdown County Manager and his officials to view the property. No detailed discussions on possible future uses of the lands took place nor was the matter raised by the County Manager or his officials.
147 Mr. Morgan asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason proposals regarding statutory provisions for family reunification are not included in the heads of his proposed Immigration and Residence Bill, in view of his repeated refusal to answer parliamentary questions on family reunification on the grounds that it would be dealt with in the Bill. [30692/06]
The Deputy will be aware that I published a discussion document in April 2005 entitled "Immigration and Residence in Ireland — Outline policy proposals for an Immigration and Residence Bill". This document outlines the issues which future immigration legislation and policy will need to deal with and lists my Department's proposals on how these issues should be addressed. The "key proposals" section of the chapter on family reunification clearly states that family reunification provisions are to be set out in an accessible and transparent fashion in secondary legislation or practice instructions. This will be achieved through the medium of policy statements as referred to in the Bill.
148 Mr. Costello asked the Tánaiste and Minister for Justice, Equality and Law Reform the proposals he has for discussions with representatives of the media to address concerns that have been raised regarding the Privacy Bill; and if he will make a statement on the matter. [30632/06]
199 Mr. J. O’Keeffe asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on whether the case for the Privacy Bill 2006 has not been made; and if he will withdraw the Bill. [30678/06]
201 Mr. Boyle asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on whether his proposed Privacy Bill 2006 poses a threat to the ability of investigative journalists to uncover matters of public importance; and if he will make a statement on the matter. [30709/06]
208 Mr. Cuffe asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on whether his proposed Privacy Bill 2006 poses a grave threat to the ability of investigative journalists to uncover matters of public importance; and if he will make a statement on the matter. [31015/06]
I propose to take Questions Nos. 148, 199, 201 and 208 together.
As indicated in the Government Legislative Programme, announced by the Chief Whip on 26 September 2006, the Privacy Bill is included amongst those Bills whose Second Stage debate is awaited.
The Privacy Bill was published on 4 July 2006. The main purpose of the Bill is to introduce a modern statutory framework to protect all citizens from the invasion of their privacy. The Bill does not introduce a new cause of action, but rather recognises the probability that there is a pre-existing cause of action in respect of privacy interests afforded by the Constitution and makes clear the scope of that cause of action. In addition, the Bill takes into account the privacy guarantees stipulated in the European Convention on Human Rights, and the extensive development of those guarantees effected by decisions of the European Court of Human Rights.
The Privacy Bill does not pose a threat to newsgathering activities. The Bill, in section 5, provides for the defence in a privacy action of fair and reasonable publication on a matter of public importance. This is a significant safeguard to the continued operation of bona fide newsgathering operations. The Bill will support the publication of material that is in the public interest. It will clarify the law for publishers and remove the grey areas that exist for them at present.
I have met the representatives of the print media — the Press Industry Steering Committee — on a number of occasions in recent years, primarily in the context of the reform of the law on defamation. At their request, I expect to meet again with the Committee in the near future to discuss any concerns they may have on the Privacy Bill.
149 Mr. Eamon Ryan asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on whether it was premature to embark upon a recruitment drive for the proposed Garda Síochána Reserve in view of the ongoing refusal of the Association of Garda Sergeants and Inspectors and the Garda Representative Association to co-operate with the reserve; the way in which the Reserve Force will be introduced in the absence of cooperation from rank and file members; and if he will make a statement on the matter. [30708/06]
The Oireachtas provided for the establishment of the Garda Reserve in section 15 of the Garda Síochána Act 2005, and on foot of proposals received from the Garda Commissioner I drafted regulations governing the recruitment, training and deployment of Reserve Gardaí. All of the Garda representative bodies were invited to engage in constructive discussion of those draft regulations. The regulations were approved by Government in July and recruitment for the Reserve commenced in August.
Both the Association of Garda Sergeants and Inspectors and the Garda Representative Association, while advising their members to comply with any orders regarding implementation of the Reserve, have declared their continued opposition to the Reserve. This is a clear contravention of the terms of the new social partnership agreement Towards 2016, which requires “co-operation with the implementation of policies, initiatives and reforms following Government decisions or the enactment of legislation (primary, secondary or EU).” A continued unwillingness on the part of the two associations to accept this fundamental principle of Towards 2016 will prevent the application of that agreement, including its provisions on pay increases, to their members.
I should say that, notwithstanding the position of both associations, members of all ranks have co-operated with the recruitment, interviewing, security vetting, equipping and training of applicants for the Reserve, and the first group of 37 Reserve Trainees was welcomed to the Garda College in Templemore last Saturday to commence training.
Finally recent remarks attributed to the General Secretary of the GRA to the effect that members of the Garda Reserve would be "hated and despised" represents, on the face of it, a deplorable attitude for a Garda towards his fellow citizens, the Oireachtas and the democratically expressed will of the people as contained in the Garda Síochána Act 2005.
I have therefore asked the Garda Commissioner to investigate this reported remark and to furnish an early report to me on the matter.
150 Dr. Cowley asked the Tánaiste and Minister for Justice, Equality and Law Reform if it is acceptable that a person (details supplied) in County Mayo has been refused permission to remain here due to the fact that their children no longer reside here; the steps he will take to change this decision; and if he will make a statement on the matter. [30544/06]
213 Dr. Cowley asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on whether it is acceptable that a person (details supplied) in County Mayo has been refused permission to remain in the State; if he will take steps to change this decision; and if he will make a statement on the matter. [30477/06]
I propose to take Questions Nos. 150 and 213 together.
The person concerned arrived in the State on 3 April 2002 and made an application for asylum on the same day. He withdrew his request for asylum on 21 October 2002 and made an application for permission to remain in the State on the basis of parentage of an Irish child born on 8 October 2002.
Following the decision of the Supreme Court in the cases of L & O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases which were outstanding on that date.
Since the person in question did not have an alternative legal basis for remaining in this jurisdiction the issue of permission to remain was considered in the context of a Ministerial proposal to deport him. Before that process was finalised a new residency alternative was introduced for parents of Irish born children. The person in question made an application for permission to remain in the State under the revised arrangements announced by me on 15 January 2005 for parents of Irish children born before 1 January 2005, which is commonly referred to as the IBC/05 scheme.
It is a requirement of the IBC/05 scheme that each applicant is resident in the State with their Irish child on a continuous basis since the child's birth and that evidence of such residence be provided with the application. The person in question did not provide satisfactory evidence of being continuously resident in the State with his Irish born children since their birth. Consequently his application under the revised arrangements was refused on 16 November 2005 on that basis.
The immigration status of the person concerned is currently being reviewed. In the event that the person in question does not have permission to remain following this review, he will then have an opportunity to make further representations as to his continued presence in the State.
151 Mr. S. Ryan asked the Tánaiste and Minister for Justice, Equality and Law Reform the latest position in regard to the proposed Garda Reserve; the number of applications received to date; the number of applications processed and approved; if training procedures are in place; if an upper limit has been agreed for membership of the Reserve; when the first members of the Reserve will be in place; and if he will make a statement on the matter. [30626/06]
The Garda Síochána (Reserve Members) Regulations 2006 were approved by Government in July 2006. Following this, a nationwide advertising and recruitment campaign for both Garda Reserve trainees and full-time Garda trainees was launched on 14 August 2006. The recruitment campaign for full-time trainees closed on 19 September 2006. Recruitment for the Garda Reserve will continue indefinitely.
Recruitment for the Garda Reserve is being carried out by the Public Appointments Service. Applications are being accepted by both internet and phone. The total number of formal applications for the Garda Reserve at 19 September was 6,661. This demonstrates the significant level of public interest in the Garda Reserve and the willingness of people to serve their local communities.
It is planned to recruit 900 Reserve members in the current recruitment campaign. Interviews for the first tranche of Reserve trainees were held in the week beginning 11 September. Candidates for Reserve trainee have to undergo medical examinations and are subject to the same vetting process as full-time applicants. Reserve trainees must be aged under 60 when commencing training.
The first group of 37 trainees commenced training in the Garda College in Templemore last Saturday, 30 September.
The comprehensive training programme for Garda Reserve trainees consists of more than 120 hours initial training, which is in accordance with best international standards. The programme consists of five phases as follows:
Phase One is a two day induction course to give Reserve members an appreciation of the Garda Organisation and its culture.
Phase Two will consist of 56 hours training at evenings / weekends during which the trainee Reserve members will learn basic law and Garda procedures.
Phase Three will be two days during which the trainee Reserve members will engage in role play exercises including radio procedures and be instructed in self defence, handcuff techniques and use of equipment.
Phase Four will be a minimum of 40 hours at a nominated Garda Station during which the Trainee Reserve members will engage in accompanied beat patrol with a full-time Garda and Station duty under a Station Sergeant.
Phase Five will be a one day graduation at the Garda College.
The initial group of trainees will be assigned to the following five Garda stations: Sligo, Mill Street in Galway, Anglesea Street in Cork, Pearse Street, Dublin 2 and Store Street, Dublin 1.
Preparations are being made for the introduction of the Reserve into other areas of the country in the coming months. Applicants will be contacted in the near future to advise them of the selection procedures for these areas.
152 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Justice, Equality and Law Reform if the new disciplinary code for Gardaí announced by him on 19 May 2006 and which he said would be in operation prior to the summer recess has been brought into effect; and if he will make a statement on the matter. [30606/06]
In the Garda Síochána Act, 2005, I have made detailed provisions for the making of Disciplinary Regulations for the Garda Síochána.
In its report earlier this year, the Garda Síochána Act Implementation Group, chaired by Senator Maurice Hayes, acknowledged the requirement for changes to the Garda disciplinary regulations to coincide with the coming into operation of the Garda Ombudsman Commission. The Group was strongly of the view that the opportunity should be taken for a comprehensive revision of the Garda disciplinary framework so as to bring it into line with modern practice in human resource management.
Subsequently, on 19th of May 2006, the Government statement regarding Reports of the Morris Tribunal acknowledged and accepted the views of the Tribunal that the current disciplinary regulations need to be replaced by a new less complex approach which will be swift and fair with a simple appeal process.
On 17 August, on publication of the 3rd, 4th and 5th reports of the Morris Tribunal, I published new draft Garda Discipline Regulations which were drawn up in consultation with the Garda Commissioner. These draft regulations take account of the recommendations of the Morris Tribunal, follow well-established principles in the public sector and beyond, and are significantly more streamlined than existing Garda Discipline Regulations. The new draft regulations have been put into the Garda Conciliation Council for discussion with the Garda representative associations and, in recognition of the fundamental changes now proposed, I have made available additional time beyond the original target date of the Summer recess. I do expect, however, those discussions to be concluded promptly and effectively, and I will bring final proposals to Government for approval in the near future.
153 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Justice, Equality and Law Reform his response to the most recent reports of the Inspector of Prisons, Mr. Dermot Kinlen; the action being taken to address the serious shortcomings in conditions identified in the reports; and if he will make a statement on the matter. [30608/06]
I presume the Deputy is referring to the Fourth Annual Report of the Inspector of Prisons and Places of Detention and the Report of the Inspection of Cloverhill Prison which were published by me in August, 2006.
At the outset I would like to recall that these reports coincided with a period of profound change in the Prison Service during which the decades long problem of dependency on excessive prison overtime was finally confronted — a confrontation which unavoidably impacted on long developed prisoner regimes.
As the Deputy will be aware, a situation had developed in the Prison Service whereby the capital budget and every other budget within the system was being cannibalised to fund overtime expenditure. This reached a peak in 2003 when €60 million was spent on overtime — approximately 20% of the entire prison budget.
In order to reverse this wholly unsustainable and incredibly damaging dependence on overtime, I put in place a number of measures including major cutbacks in overtime expenditure and new attendance arrangements. These measures led to cuts, for necessary operational reasons, in services to prisoners in the period covered by the Inspector's reports.
However, following prolonged negotiations the POA, in August 2005, accepted a proposal for organisational change eliminating overtime working and introducing new organisational and working arrangements which will provide long term savings to the Exchequer of up to €25m per annum. These new arrangements will not only restore but actually enhance prisoner regimes in the years ahead, particularly in terms of improving access to services, the availability of better facilities, and making more productive use of out-of-cell time for prisoners.
In this regard, much progress has been made in the last 12 months in improving educational and workshop facilities for prisoners including:
the refurbishment of 5 workshops in St Patrick's Institution which will lead to FETAC accreditation in metal work, woodwork, computers, industrial cleaning and other industrial skills. The new workshops will give constructive activity to over 70 inmates and the rollout of the opening of these new workshops is almost complete; and
the refurbishment of Cloverhill Education Centre which has recently been completed. Classes have now commenced and courses are being rolled out on a phased basis.
The Fourth Annual Report of the Inspector covers the period April 2005 — April 2006 and deals with a wide range of issues including staffing levels, the establishment of an Inspector of Prisons on a statutory footing, prisoners rights to vote, the privatisation of prisons, recidivism, drug addiction and prisoners with psychiatric illnesses.
In relation to shortcomings in conditions, the Inspector calls in his report for the immediate closure of St. Patrick's Institution. The lack of modern facilities at St. Patrick's Institution has been the subject of justified criticism not only by the Inspector of Prisons but also by other oversight and monitoring bodies. The Government shares the views expressed that St. Patrick's Institution is no longer suitable as a place of detention for young people and that its complete replacement is required. The Institution, together with other detention facilities on the Mountjoy Prison complex, will be closed as soon as planned new facilities are constructed on a green field site at Thornton Hall, Co. Dublin. Separate facilities will be available at Thornton Hall for 16 and 17 year old boys. The new campus will allow us to develop progressive rehabilitative programmes, introduce enhanced educational facilities and to introduce single occupancy cells with in-cell sanitation to end the practice of slopping out.
The development of the new prison campus will also provide the Irish Prison Service with room for future expansion ensuring that there is no return to the revolving door of the mid 1990s when the Rainbow Government presided over a situation with 20% of prisoners on temporary release. By way of comparison, on 28 September, 2006 there were 3,314 persons in the prison system, of whom 156 (4.7%) were on temporary release. The reason for the significant fall in the percentage of prisoners on temporary release between 1996 and 2006 is because this Government has provided some 1,100 net additional prison spaces since 1997. In addition, over 400 new places are in the process of being provided for at Shelton Abbey, Loughan House, Castlerea, Portlaoise and Wheatfield Prisons.
The Inspector also calls for the elimination of drugs in prisons and the introduction of sniffer dogs in prisons such as Mountjoy. As the Deputy is aware the elimination of drugs in our prisons is one of my key priorities. In order to achieve this, a Drug Detection Dog was introduced into the prison system earlier this year. The service is based in the Midlands Prison and it is planned that trials will be carried out from that base across the estate. This initial phase is being used to test the effectiveness of drug dogs in Irish Prisons and also to act as a learning exercise for the Irish Prison Service to refine its precise approach in a wider deployment. The pilot has proved extremely successful to date and the dog has detected significant numbers of smuggling attempts and also acts as a strong deterrent to such activities. It is intended that the Drug Detection Dog will be used in Mountjoy in the near future.
However, Drugs Detection Dogs are just one of a much wider range of measures contained in the new Irish Prison Service Drugs Policy & Strategy which I launched earlier this year. The new Policy & Strategy provides, for the first time, a co-ordinated and consistent national approach to dealing with the thorny problem of the supply of drugs as well as ensuring that appropriate treatment is available to prisoners to help them conquer their addiction. The Policy is currently being rolled out across the prison system.
The new replacement Mountjoy and Munster prison complexes will also be constructed with an extensive perimeter to prevent drugs being thrown over the wall thus facilitating drug-free regimes.
In relation to prisoners with psychiatric illnesses, the Inspector expressed concern regarding the treatment of mentally ill prisoners and prisoners with personality disorders and recommends that the Department of Health and Children take responsibility for such prisoners.
The Irish Prison Service is committed to healthcare standards comparable with those pertaining in the wider community outside prison. Prisoners have access to medical, nursing, psychiatric, and psychological services within the prison system. The psychiatric needs of prisoners are serviced by visiting psychiatrists. The psychiatric service of the Eastern Coast Area Health Board at the Central Mental Hospital, Dundrum (which is under the management of the HSE and the Department of Health and Children) provide regular weekly counselling and treatment sessions at the Dublin prisons. In other locations services are provided by local psychiatrists.
Offenders who, in the opinion of the psychiatrist and the Prison Doctor are in need of in-patient psychiatric treatment, may be transferred by Order to either the Central Mental Hospital or a District Mental Hospital. However, the Central Mental Hospital is the only psychiatric in-patient hospital that will, in effect, accept prisoners. Due to increased demand on this facility from various sources in recent years it has frequently been the situation that a waiting list occurs for admission and priority is on clinical need. This situation arises in spite of general agreement regarding the necessity for admission and, while awaiting a bed to become available, the prison authorities may be left with no alternative but to seek to manage a disturbed individual in conditions which provide the greatest degree of protection for the individual, for other prisoners, and for staff.
My Department and the Irish Prison Service is continually engaged with the Department of Health and Children and the HSE in a process aimed at co-ordinating the provision of Healthcare (including psychiatric services) to prisoners.
In relation to the use of padded cells, I have honoured my commitment to abolish the use of old style padded cells with the introduction of newly designed and improved cells. Special Observation Cells are not used for routine reasons and are only used in cases where a prisoner is in a highly agitated state and where he or she is at risk of harming themselves or others. No mentally ill prisoner awaiting a move to the Central Mental Hospital is detained in a special cell unless this is unavoidably necessary. Such a practice is not common place and only takes place where the safety of prisoners require such use.
154 Mr. Penrose asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has put in place the procedures he promised in Dáil Éireann on 8 June 2006 for consultation between his Department and the Offices of the Attorney General and Director of Public Prosecutions in the case of litigation on constitutional and policy issues; the new procedures now in place; and if he will make a statement on the matter. [30622/06]
In my response to Parliamentary Question, reference No. 22200/06 on 8 June 2006, I undertook that my Department would co-operate in every possible way, including the implementation of any new communications or consultation arrangements, with the examination of the Attorney General's Office by an official from the Department of Finance which was then due to take place.
Arising out of that examination, recommendation No. 16 states that: Having regard to the interdependence and importance of communications between the following Offices in serious litigation cases, the Director General should convene a conference to discuss how relevant material, including notifications, trial dates and notice of judgment can be most promptly communicate, on receipt of any of the Offices to the other Offices. These Offices are: (a) CSSO, (b) Courts Service, (c) DPP, (d) Chief Prosecution Solicitor's Office, and (e) Department of Justice, Equality and Law Reform.
In compliance with that recommendation, a conference has been arranged for 6 October 2006 at which officials from my Department will attend.
155 Mr. Sherlock asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has brought to Government his request for approval for the appointment of an additional 1,000 gardaí; the response received from Government; and if he will make a statement on the matter. [30628/06]
In August 2005, my Department received a submission from the Garda Commissioner on the resourcing requirements of An Garda Síochána. The submission was based on the Commissioner's analysis of the policing challenges facing An Garda Síochána in the medium and longer term, including the implications of demographic change, the need to continue to combat crime and terrorist threats, and the requirements for enhanced enforcement of road traffic law and immigration control. In the submission, the Commissioner proposed the future expansion of An Garda Síochána to 15,000 full time members. He also proposed the expansion of the Garda overtime budget, the creation of a Garda Reserve and additional civilian support for An Garda Síochána.
On these last three issues, strong action has been taken. The 2006 Garda overtime budget allocation has risen by €22.4 million to €83.5 million, an increase of 36.6% over the original allocation of €61.1 m in 2005. I have made the necessary regulations providing for the establishment of a Garda Reserve and recruitment and training of Reserve Members is underway. As I outlined in an answer to another question today, significant progress has also been made on providing additional civilian support for An Garda Siochána.
On the issue of an increase in the strength of An Garda Síochána to 15,000, the priority now is to complete the current recruitment drive to increase the strength of An Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government. This has involved a major redevelopment of the facilities at the Garda College, almost doubling its student capacity. The recruitment programme is fully on target, and will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of this year.
I am now giving careful consideration to the case made by the Garda authorities for a continuation of the current intensive recruitment drive beyond the target of 14,000. I do not want to anticipate the decision of Government, but I can say that I recognise the strength of the case made by the Commissioner and his colleagues and that I attach considerable weight to their arguments.
156 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Justice, Equality and Law Reform the steps he has taken since the passage of the Criminal Law (Insanity) Act 2006 to eliminate the practice whereby offenders suffering mental illnesses and disabilities are detained in prisons where appropriate services are not available to them thus placing the safety and welfare of themselves and other prisoners at grave and even fatal risk; and the steps he has taken in particular since a person (details supplied) was beaten to death in Mountjoy Prison on 31 July 2006. [30697/06]
192 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform the steps he has taken between the passage of the Criminal Law (Insanity) Act 2006 in April 2006 and the end of July 2006, when a person (details supplied) was beaten to death in Mountjoy Prison, to eliminate the practice whereby offenders suffering mental illnesses and disabilities are detained in prisons where appropriate services are not available to them thus placing the safety and welfare of themselves and other prisoners at grave and even fatal risk; and the steps he has taken since August 2006. [30696/06]
I propose to take Questions Nos. 156 and 192 together.
The Deputy will be aware that, subject to the Criminal Law (Insanity) Act, 2006, the decision whether or not to commit an accused person or a convicted person to prison is a matter for the Courts.
The Criminal Law (Insanity) Act, 2006, provides that where a question of fitness to be tried arises, the court may in certain circumstances refer a person to the Central Mental Hospital to be assessed. If the Court makes a finding that a person is not fit to be tried that person cannot be committed to a prison. If a person is found not guilty by reason of insanity that person cannot be committed to a prison.
The Prison Service must accept all persons committed into their custody on foot of legal orders of the Courts. A person committed to prison may have or develop a mental illness. The Criminal Law (Insanity) Act, 2006 provides that where on the basis of medical assessment, a prisoner is considered to require specialist treatment that cannot be provided in prison that prisoner may be transferred to a designated centre for treatment. The Central Mental Hospital is currently the only such designated centre. The question of resources for the CMH is a matter for the Health Service Executive and my Department is currently working closely with both the Department of Health and Children and the Health Service Executive with a view to ensuring that the necessary mental health facilities are available for prisoners.
Following the events at Mountjoy Prison on the 1st of August last, I appointed Mr Michael Mellet, a former Deputy Secretary of my Department and member of the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, to inquire into the facts surrounding this tragedy and to make recommendations with a view to seeking to ensure that such an incident does not occur again.
157 Dr. Upton asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on the recommendation of the Justice Archives Advisory Group that records in his Department which are more than 30 years old should be transferred to the National Archives; and if he will make a statement on the matter. [30638/06]
I can inform the Deputy that my Department has always taken its obligations under the National Archives Act, 1986 very seriously, including of course the general obligation to transfer records that are over 30 years old. The Act does, however, provide that certain records which are over 30 years old may nevertheless be withheld from transfer on grounds specified under the Act. These grounds would have applied in respect of a range of sensitive records held by my Department.
I was concerned, however, that the long- term effect of withholding records from public inspection, done quite legitimately under the criteria set out in the Act, would be to exclude documents of genuine historic value from public scrutiny. Indeed, this was a concern shared by the senior officials in my Department.
Accordingly, I appointed an Archives Advisory Group in February, 2006, comprising of a number of eminent historians and academic figures, with Professor Mary Daly as Chairperson, to advise me on the historical value of these records and how access to them might be facilitated. The Group concentrated, initially, on records relating to National Security and Northern Ireland matters up to 1956. It submitted its first Report to me on 25 September and amongst its conclusions has recommended that these 50 year old records should be transferred to the National Archives over the next 12 months.
I have accepted this recommendation and look forward to receiving further reports on the Group's work.
158 Mr. Sherlock asked the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the view expressed by the former Vice Chairman of the Policing Board of Northern Ireland strongly supporting the case for the establishment of an Independent Garda Authority; his view of same; if he will reconsider his decision not to establish such an authority; and if he will make a statement on the matter. [30629/06]
I am aware of the view expressed by the former Vice-Chairman of the Northern Ireland Policing Board advocating the establishment of a similar policing authority in this jurisdiction. The perceived advantage of such an authority is that it interposes an additional layer of independent accountability between the political process and the management of An Garda Síochána.
The idea of such an authority makes perfectly good sense in the context of the UK regional police structure where there is no corresponding regional democratic unit, and in Northern Ireland, of course, where there are unique requirements associated with the need for confidence building in a cross-community environment.
I believe, however, that where there is a single national police force the case for the setting up of a policing authority to act as a link between democratic institutions and the day to day responsibility for operational policing loses much of its force.
Furthermore, I would contend that this additional layer in our scheme of things would very seriously dilute democratic accountability and political responsibility, as well as the performance and effectiveness of An Garda Síochána itself. The relationship between the Commissioner of An Garda Síochána, the Government and the Houses of the Oireachtas has developed over time. The accountability of An Garda Síochána to this House, both directly and through the Minister for Justice, Equality and Law Reform, has been strengthened by the Garda Síochána Act 2005.
To establish a separate authority for An Garda Síochána would also raise the question of who should serve on such an authority and how they should be selected. I believe it is more appropriate that An Garda Síochána should be accountable to the Government and to the Oireachtas — which are fully representative of Irish society — than to an unelected body.
159 Mr. Cuffe asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has given consideration to making changes to the legislation governing the double jeopardy rule, known in law as autrefois acquit, in view of recent legislative changes in the UK which have relaxed the double jeopardy rule for up to 30 offences which attract a life sentence, including manslaughter, kidnapping, rape, armed robbery and a number of serious drugs crimes; and if he will make a statement on the matter. [30713/06]
Irish law relating to prosecution appeals has been the subject of scrutiny in recent times. As the Deputy may be aware, in this jurisdiction there exists only a limited prosecution right of appeal against an acquittal. This situation has its origins in the common law rule against double jeopardy, i.e. that no-one should be tried twice for the same offence. The existence of this rule does not, however, prohibit the introduction of statutory provisions allowing for a prosecution right of appeal against acquittal. For example, a prosecution right of appeal in relation to cases tried on indictment is contained in section 34 of the Criminal Procedure Act, 1967, as amended by section 21 of the Criminal Justice Act 2006. This section provides for a prosecution right of appeal on a point of law which arose during the trial of an acquitted person. This right of appeal is without prejudice i.e. it cannot interfere with the decision to acquit the accused.
As the Deputy points out the United Kingdom has introduced legislative provisions, contained in the Criminal Justice Act 2003, which provide for an exception to the double jeopardy rule for certain serious offences. A prosecutor in that jurisdiction is empowered, subject to the written consent of the DPP in that jurisdiction, to apply to the Court of Appeal for an order quashing a person's acquittal and ordering a re-trial. The DPP may only consent to the making of the application if certain conditions are met, including that there is new and compelling evidence and that it is in the public interest.
I mentioned earlier that the system of prosecution appeals in this jurisdiction has been under examination. In May 2002 the Law Reform Commission issued a Consultation Paper on the subject of prosecution appeals. The Commission stated in that paper that it is strongly of the view that Irish law should move from a near token system of prosecution appeals to one in which prosecution appeals would represent a real and substantial element in the criminal process. It further sets out five possible options for reform ranging from a narrow without prejudice model to a comprehensive with prejudice model. It is expected that the Commission will publish a final report detailing its recommendations later this year.
Having regard to the ongoing work of the Commission I have taken the opportunity to bring to the attention of the Commission the question of allowing for an appeal mechanism whereby an acquittal may be set aside and a person retried. I should point out that the introduction of such a provision in this jurisdiction would constitute a fundamental change and requires careful consideration. I would therefore propose to await the views of the Law Reform Commission before bringing forward any legislative proposals on the matter.
160 Ms Shortall asked the Tánaiste and Minister for Justice, Equality and Law Reform when the proposed new Immigration Bill will be published; his proposed legislative timetable for the Bill; if he will bring the Heads of the Bill before the Joint Committee on Justice, Equality, Defence and Women’s Rights; and if he will make a statement on the matter. [30631/06]
Deputies will be aware that I recently referred the Scheme of the proposed Immigration, Residence and Protection Bill to the Office of the Parliamentary Counsel for drafting. The Scheme has been circulated to members of both Houses and has been sent to the Human Rights Commission for its observations. It has also been published on my Department's website and my Department has put in place a dedicated e-mail address —immigrationbill@justice.ie — to which interested parties can send their comments.
I expect that the Bill will be published early next year. After publication, its legislative progress will be in the Hands of the Houses of the Oireachtas. The Dáil Committee on Justice, Equality, Defence and Women's Rights will have an opportunity to consider the Bill in detail during the Committee Stage of its progress through the Dáil. Should the Joint Committee on Justice, Equality, Defence and Women's Rights wish to consider the Scheme of the Bill in advance of that process, it is open to that Committee to do so of its own initiative.
I expect that publication of the Scheme will stimulate wide public debate on the shape of immigration law and policies in the State and I look forward to receiving comments and suggestions for the legislation, from whatever source, over the coming months.
161 Mr. Sargent asked the Tánaiste and Minister for Justice, Equality and Law Reform the steps he has taken to date to end the practice of detaining children in adult jails in breach of the UN Convention on the Rights of the Child; the action which has been taken to address reports of mistreatment of children in custody; and if he will make a statement on the matter. [30704/06]
191 Mr. Gilmore asked the Tánaiste and Minister for Justice, Equality and Law Reform the action he intends to take to end the situation whereby children and teenagers are placed in adult prisons; if he will confirm that more than 170 such persons were placed in adult prisons in 2005; his views on whether this practice is in breach of a number of international treaties to which Ireland is a party; and if he will make a statement on the matter. [30611/06]
I propose to take Questions Nos. 161 and 191 together.
The Irish Prison Service has responsibility for 16 and 17 year old children who have been ordered to be detained by the Courts, the majority of these are male and detained in St. Patrick's Institution which accommodates 16 to 21 year olds. In addition, each of the prisons in the State can accommodate persons aged 17 years and over and the Courts have discretion to commit 17 year olds directly to prison. This can often happen at the request of the person's legal team in order for them to be located nearer to their family home.
I am advised by the Director General of the Irish Prison Service that their records indicate that there was a total of 276 persons aged under the age of 18 years committed to their custody during 2005, of which 214, or 78%, were committed to St Patrick's Institution. I understand that on average last year there were, at any one time, approximately 60 male children and 1 female child detained in facilities under the remit of the Irish Prison Service and that on 22 September 2006 there were 50 male children being detained in St. Patrick's Institution and 10 male and 2 female children being detained in adult prisons.
Following a review of the youth justice system the Government agreed, in December 2005, a number of reforms including amendments to the Children Act 2001 and the establishment of the Irish Youth Justice Service. The Irish Youth Justice Service has been established as an executive office of my Department and is to, inter alia, manage detention services for young people under the age of 18 years. The legislative, operational and administrative changes will see the transfer of responsibility for the detention of young offenders under 18 years of age, ordered to be detained by the Courts, from the Department of Education and Science and the Irish Prison Service to the Irish Youth Justice Service in my Department. The net effect of these reforms to the detention services will be to end the practice of using adult prison places for the detention of children and to extend the children detention school model to all offenders under the age of 18 years.
The development and construction of children detention school places which can accommodate 16 and 17 year old children with the requisite facilities to provide care and education will take some time to complete. In the interim, work is well underway in St. Patrick's Institution for the separation of the majority of children under the age of 18 years from the older age groups. Planning for commencement of the Children Act 2001, as amended, is being carried out through the close co-operation of the Irish Youth Justice Service in my Department and officials in the Departments of Education and Science, and Health and Children. In addition the Government has agreed to the recruitment of a National Manager for Detention School Services for the Irish Youth Justice Service and I understand that this appointment will be made shortly. A cross- departmental group has been formed to plan for the development of detention places needed to implement the changes under the Children Act, as amended. The transfer of the schools which are currently within the remit of the Department of Education and Science to the remit of the Irish Youth Justice Service will take place in 2007.
I am not aware of any mistreatment of 16 and 17 year old children in custody in the prison system or of any reports of such mistreatment. I can say that any such reports would be treated with the utmost seriousness. If the Deputy has details of any alleged mistreatment, he should pass them to my Office and I will undertake to have them investigated. Prisoners may make a complaint about treatment in custody through a number of channels, including local prison management, the Prison Visiting Committee, the Inspector of Prisons, the Minister, and he or she also has access to the Courts. They may also complain to the European Court of Human Rights and to the European Committee for the Prevention of Torture. In the cases where allegations of assault are made, the Garda Síochána are called to investigate.
At a recent examination by the United Nations on the Convention on the Rights of the Child, my colleague, Mr. Brian Lenihan T.D., Minister for Children, made clear the results to date of our joint initiative to reform the youth justice sector, including measures to deal with the detention of young people in prisons. Minister Lenihan also underlined this Government's determination to implement the changes I have described here.
162 Mr. Howlin asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of Garda stations equipped for the video recording of interviews with suspects; the percentage of all stations this represents; the number of Garda stations with detention facilities that are so equipped; if there are plans to equip further Garda stations; and if he will make a statement on the matter. [30607/06]
The Garda authorities advise me that 131 Garda stations have audio/video-recording interview equipment out of a total of 703 Garda stations.
It was never the intention that all Garda stations would be equipped to carry out audio/video recording of interviews. Indeed, most Garda stations are not used for detention and interviews. Rather the intention was that a sufficient number of interview rooms in Garda stations across the country be equipped to provide a broad nationwide coverage.
Where a Garda station is not equipped with an audio/video system, a person to be interviewed in accordance with the Regulations will be taken to the nearest Garda station with such equipment. In this context, the Garda authorities have advised me that, in June 2005, a Garda survey indicated that 98.1% of interviews as specified in the Regulations were being recorded. Interviews are not recorded mainly because either the arrested person declines to have the interview recorded or the equipment is already in use or is otherwise unavailable.
With regard to future and additional requirements I am advised that the Garda Commissioner, in consultation with my Department, is finalising proposals for the provision of additional audio/video systems.
163 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he intends to take action to address the serious issue of overcrowding in prisons, the activities of crime bosses running their empires from within the prison system and the use of early release as compensation for lack of adequate prison space; and if he will make a statement on the matter. [30700/06]
The total number of prisoners in custody on 28 September, 2006 was 3,158 compared to a bed capacity of 3,383. This represents an occupancy level of 93%. There is no overcrowding crisis or immediate issue relating to the capacity of the prison system. There is consequently no need for the widespread use of early release simply to ease overcrowding levels. This is in stark contrast to the situation which prevailed in the mid-1990s where the scandal of the "revolving door" was at its height. However, we are close to our prison capacity limit and there is a need to upgrade and increase our prison stock. The Thornton Hall and Spike Island developments are addressing those matters.
I am aware of allegations to the effect that prisoners are running criminal syndicates from inside prison cells. I can assure the Deputy that I am committed to implementing all appropriate measures within the law to prevent such activity and to ensure that the contact that prisoners have with the outside world is properly controlled and monitored.
Prisoner visits in all closed prisons are carefully controlled and held in sight of prison officers. In addition, new Visiting Card arrangements are in place in almost all closed prisons whereby only persons who have been pre-approved by the Governor are permitted to visit. Telephone calls in closed prisons are monitored by prison officers and incoming and outgoing mail is subject to examination by a prison censor. In addition, there is regular contact between the Prison Service and An Garda Síochána to discuss security issues and I can assure the Deputy that Gardaí would be contacted where any suspected criminal offence has taken place.
One of the major challenges in prisons today lies in preventing access to contraband items, primarily mobile phones and drugs, which for obvious reasons, are viewed as highly valuable commodities which could assist in illegal activity from the prisoner cells. Efforts are made on a continuous basis to prevent the flow of such contraband into our prisons, by for example, the installation of nets over exercise yards, vigilant observation of prisoners by staff, upgraded CCTV monitoring, the use of screened visits and the use of daily prisoner and cell searches. In addition, the Prison Service are currently examining technological options for dealing with the use of mobile phones within prisons.
Random searches of cells and their occupants and searching of correspondence and other items have all intercepted significant quantities of contraband in recent years. When a person is admitted to prison custody, he or she is searched and prohibited items and money are taken. Similarly, searching takes place of prisoners returning from court, temporary release or visits. Searches of prisoners also take place where their behaviour or information received raises suspicions that they may be in possession of contraband. The new prison estates at Thornton Hall and Spike Island will also make it harder for contraband to enter the prison over the perimeter walls by means of locating recreation yards away from perimeter walls.
164 Mr. Boyle asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason he has failed to provide for the victims of human trafficking in the forthcoming Immigration, Residence and Protection Bill 2006; and if he will make a statement on the matter. [30710/06]
The Scheme of the Immigration Residence and Protection Bill, which I published recently, makes provision for a new and integrated framework for the effective management of migration to the State. An integral part of that framework will be the ability to make and publish statements of the Government's immigration policy in relation to any aspect of immigration including, where necessary, victims of human trafficking. In the context of the proposed legislation, it will be possible for a suitable immigration policy statement to address all of the issues concerning the treatment of victims of human trafficking in an appropriate manner.
165 Ms McManus asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of murders in which firearms were used since the beginning of 2006; his views on the continuing level of gun murders, many of which are gang-related; the steps he is taking to deal with this situation; and if he will make a statement on the matter. [30614/06]
I am informed by the Garda authorities that there have been 16 murders with firearms since the beginning of this year to 30 September.
All killings regardless of the circumstances involved are the subject of a rigorous investigation by the Garda authorities. I am informed that Garda management analyses available intelligence and selects targets involved in serious criminal activity, particularly gun-related crime. Intelligence-led operations against targets are used by Garda management to combat this type of criminal activity on an ongoing basis. This involves the strategic deployment of both local and specialised Garda operation units to counter such activities.
Operation Anvil has proved to be very successful in disrupting the criminal activities of a number of key criminal gangs. It has resulted in a number of high-profile arrests and the acquisition of intelligence on the movements of criminals. Notable improvements have been achieved in recorded crime in the target crime areas under the operation. An example of a recent success is the operation carried out in the Moyross area last week, in which four arrests were made and four firearms (two rifles and two sawn off shotguns) and a quantity of ammunition were seized.
In addition to the introduction of Operation Anvil, the Commissioner in November 2005 augmented the Organised Crime Unit at the National Bureau of Criminal Investigation with an additional 55 Garda members to address the problem of criminal gang activity. Enforcement by the Unit has resulted in further firearms being seized and a number of persons arrested, thereby disrupting their criminal activities.
New mandatory sentences of up to 10 years for possession of firearms with intent to endanger life and other related offences are contained in the Criminal Justice Act, 2006 and are due to be commenced with effect from the beginning of November this year.
This integrated approach adopts best practice in implementing a co-ordinated use of Garda resources and using available criminal legislation to its fullest extent. Operations are reviewed on an ongoing basis to ensure their effectiveness. The Deputy will be aware that I have appointed Mr Michael Mellett to conduct an independent inquiry into the circumstances surrounding the death in Mountjoy and to make appropriate recommendations. I await his report.
166 Ms O. Mitchell asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on making the traffic corps a dedicated force whose duties are strictly in relation to traffic law enforcement; if so, when same will happen; and if he will make a statement on the matter. [30594/06]
The Deputy will be aware that I announced the establishment within the Garda Síochána of the Traffic Corps on 23 November, 2004. A Strategic Review of Traffic Policing was also published on that date. In line with the recommendations contained in that review an Assistant Commissioner Traffic was appointed on 22 February 2005.
The Assistant Commissioner in charge of Traffic has been tasked with implementing the recommendations contained in the Strategic Review of Traffic Policing which will see 1,200 personnel attached to the Traffic Corps by 2008. This increase of personnel is taking place on a phased basis as the strength of An Garda Síochána increases to 14,000. At the start of 2006, the total dedicated strength of the Garda Traffic Corps stood at 520 all ranks. The current strength stands at 740, with an additional 60 members to be allocated during the remainder of 2006. These allocations will continue until the target strength of 1,200 is achieved.
I am informed that Garda Traffic Corps personnel are allocated to each Garda Division and are engaged in achieving the strategic objectives contained in the Strategic Review of Traffic Policing which will contribute to reducing road fatalities and casualties, improve traffic flow, enforce road traffic legislation effectively and consistently as well as enforcing road transport and haulage legislation effectively and consistently using available technologies. The Traffic Corps are also engaged in providing appropriate policing support and response to the National Development Plan provisions relating to traffic and transport, providing a systematic and structured road traffic collision service and providing accurate timely and sufficiently detailed information to key stakeholders.
While the members of the Garda Síochána assigned to the Traffic Corps are specifically dedicated to traffic duties, they remain police officers will full powers and as such retain the general responsibility for preventing and detecting crime which all members of An Garda Síochána have. Similarly members of the Garda Síochána not members of the Traffic Corps have the responsibility, inter alia, to deal with traffic duties when breaches of road traffic law occur. Gardaí spend two years training at the Garda College. The focus of such training is on all areas of policing. Garda management will not allow a situation to arise where the establishment of the Traffic Corps would lead to the Gardaí who are members of it having no regard to other policing duties regardless of seriousness if and when they arise in the course of carrying out their duty, and similarly Gardaí who are not members not having regard to traffic policing duties.
The allocation of Garda resources, including personnel, is the responsibility of the Garda Commissioner. Of particular relevance in the context of the latest reports of the Tribunal are the new draft discipline regulations which have been drawn up. These are based on well-established principles in the private and public sector and are significantly more streamlined than the system which is currently in existence. The next step is for them to undergo consideration by the Garda representative bodies. Also, arising from the most recent reports, on my instructions regulations for a Whistleblower's charter within An Garda Síochána have been drawn up and are being finalised in consultation with the Commissioner, the Ombudsman Commission and Garda Inspectorate, as provided for in Garda Síochána Act 2005.
Change in our national policing service is being pursued in a vigorous but sensible manner — I am conscious of the fundamental importance of getting it right. I intend to do so.
167 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform if it was his intention when drafting the guidelines for the pilot Joint Policing Committees to promote an inclusive membership representative of the local areas and his views on amending the guidelines prior to the extension of the pilot to guarantee that representation in the membership of JPCs includes all political parties with representation in the local area. [30694/06]
184 Mr. Ferris asked the Minister for Justice, Equality and Law Reform his views on amending the guidelines governing the pilot Joint Policing Committees prior to the extension of the pilot to guarantee that representation in the membership of JPCs including all political parties with representation in the local area. [30695/06]
I propose to take Questions Nos. 167 and 184 together.
The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of the committees is to provide a forum where a local authority and the senior Garda officers responsible for the policing of that area, with the participation of Oireachtas members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area.
In view of the innovative nature of the committees and the number which will be established, I decided, following consultation with my colleagues the Minister for the Environment, Heritage and Local Government and the Minister for Community, Rural and Gaeltacht Affairs, to pilot the committees in 22 local authority areas for a limited period.
I issued the guidelines for these pilot committees in June 2006. I was anxious to strike in the guidelines the right balance between inclusiveness and effectiveness in the size and composition of the committees. With regard to membership of the committees by local authority members, the guidelines provide either for all local authority members to be members of a committee or for representation of each political grouping on the local authority, depending on the size of the local authority. Because of the size of its population, the Dublin City Council area has in addition to an overall committee five sub-committees, corresponding to the Council's five operational areas. The guidelines provide for membership by all the local authority members for the appropriate area on the relevant subcommittee. With regard to the overall committee, they provide that each political grouping represented on the Council be represented to the greatest extent possible.
The Oireachtas members represented on a committee are chosen from among their number by those members of the Oireachtas who have registered their interest in being a member of that committee. If the members of the Oireachtas are unable to choose members, they are chosen by lot.
The pilot phase will end in mid-2007, after which there will be a time-limited review of the guidelines in the light of the experience of the pilot committees. As part of that review, the provisions regarding the composition of the committees will be considered. Following the review, the guidelines will be amended as necessary and new guidelines issued for a full rollout of the committees.
168 Ms Burton asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has received the report of Mr. Michael Mellet into the death of a person (details supplied) on 1 August 2006; the main findings of the report; and if he will make a statement on the matter. [30609/06]
As the Deputy is no doubt aware, I have appointed Mr Michael Mellett to carry out an independent inquiry into the circumstances surrounding the tragic death of Mr Gary Douch while in custody in Mountjoy Prison and in particular:
to establish what action was taken by the Irish Prison Service, management and staff to safeguard Mr Douch;
to clarify whether Mr Douch had expressed special concerns about his safety;
to establish what procedures were followed and their adequacy;
to establish the procedures used to allocate prisoners to the cell in which Mr Douch died;
to establish the level of monitoring during the night of 31 July/1 August 2006;
and to make any observations and recommendations he sees fit. I intend that the report by Mr Mellett will be published in due course, with the exception of any parts which could be deemed prejudicial to potential criminal proceedings.
I have not received Mr Mellett's report as yet. Mr Mellett has, however, already made a valuable interim recommendation that where a prisoner seeks special protection alleging a threat from another prisoner, and the prison authorities accept that there may be some substance to the allegation, the prisoner should be removed to a single occupancy cell or room for at least 24 hours, while the case is assessed. This recommendation has been accepted by me and was implemented immediately by the prison authorities.
169 Ms O’Sullivan asked the Tánaiste and Minister for Justice, Equality and Law Reform the plans he has to increase the allocation of gardaí to the Limerick area in general and particularly to areas such as Moyross that have suffered particular problems of crime and vandalism; and if he will make a statement on the matter. [30617/06]
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 An Garda Síochána increased to a record 12,762 on Friday 8 September following the attestation of 249 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,060 (or 19%) in the personnel strength of the Force during that period. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.
The personnel strength of the Limerick division as at the 31st of December, 2002 was 460 Gardaí (all ranks). The personnel strength of the Limerick Division as at the 27th September, 2006 was 512 Gardaí (all ranks). This represents an increase of 52 Gardaí (or 11.3%) in the number of personnel allocated to the Limerick Division since the 31st of December 2002.
The Moyross area of Limerick is policed by Gardaí attached to Mayorstone Park Garda Station. The personnel strength (all ranks) of Mayorstone Garda Station as at 31 December, 2002 and 27 September, 2006 was 41 and 49, respectively. This includes one (1) Sergeant and three (3) Gardaí allocated to Mayorstone Garda Station on the 21st September, 2006. This represents an increase of 8 (or 19.5%) during that period. An additional one (1) Garda is due to be allocated to Mayorstone Park Garda Station with effect from the 10th October, 2006.
Local Garda Management report that the issues surrounding the provision of policing resources to the Moyross area have been given priority attention by Garda Management in Limerick over the past several years. The policing plan in place for the Moyross area of Limerick City is most comprehensive and this has been the situation for some time to allow Garda management monitor criminal activity. Additional resources have been provided to the Moyross area as occasions have demanded from time to time and Garda personnel have dealt professionally with all of the incidents that have arisen in this general area.
I am further informed that apart from routine patrols conducted by uniformed and plain-clothes units based at Mayorstone Garda Station, a number of additional patrolling initiatives are in place to deal with the unique policing situation in Moyross. A dedicated uniform mobile patrol, consisting of 1 Sergeant and 2 Gardaí, performa specific night-time patrol of the Moyrossarea.
Garda management state that Community policing is an important element of the policing strategy in Moyross. A vehicle is allocated to the Unit which is utilised, full-time, in the Moyross area. A well established and active Youth Diversion Project is also in place, for many years, in the Moyross area.
Garda management further state that there is well established and ongoing liaison between An Garda Síochána and the other leading agencies in Limerick City who provide services for the Moyross area.
I should add that the current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of this year. The first three groups of newly attested Gardaí under this accelerated recruitment programme came on stream in March, June and September of this year and the fourth such group will become fully attested members of the Force later this year. Further tranches of approximately 275 newly attested Gardaí will follow every 90 days thereafter until the programme is complete. 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 Moyross will be given the fullest consideration.
170 Mr. Crowe asked the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the difficulties and delays experienced by children’s residential centres when seeking Garda vetting of staff from the Central Vetting Unit; and the steps he will take to ensure that the unit will have resources made available to it in order that it can conduct vetting of all adults working with substantial access to children, in particular the staff of children’s residential centres, as a matter of urgency. [30698/06]
241 Mr. Bruton asked the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that youth organisations are having to operate a vetting of job applicants via Garda intelligence, but there is as yet no statutory basis for same; and his views on whether the organisations doing so are indemnified against claims by aggrieved applicants. [30859/06]
246 Mr. McEntee asked the Tánaiste and Minister for Justice, Equality and Law Reform the average period of time it is taking for vetting potential employees in certain areas of activity including children’s residential centres by the Garda Central Vetting Unit in 2004, 2005 and in the first six months of 2006; his views on whether An Garda Síochána has adequate staff resources to undertake the role; and if he will make a statement on the matter. [30882/06]
I propose to take Questions Nos. 170, 241 and 246 together.
As a means of promoting the safety and security of vulnerable client groups, the Garda Central Vetting Unit (GCVU), in liaison with the Health Service Executive (HSE), formerly the Health Boards, has made and continues to make available criminal history vetting in respect of all prospective employees of children's residential centres.
In keeping with sound administrative practice, all vetting applications are processed centrally through the HSE for onward transmission to the GCVU, rather than at a myriad of local levels.
In recent months, new liaison mechanisms with the GCVU have been successfully implemented within the HSE. These include, most notably, the centralisation of the HSE's vetting operations, which allows for the development and concentration of expertise in the checking and counter-signing of vetting application forms within the HSE.
In 2006, the average turnaround time for processing valid vetting requests received by the GCVU has been approximately 4 to 5 weeks. This represents a marked reduction in processing times over recent years. By way of comparison, in 2004 and 2005, the average processing period for valid vetting requests was approximately 6 to 8 weeks. All client organisations of the GCVU are advised of the current processing time frame and have been further advised to allow for it in their recruitment and selection processes.
In order to facilitate the major, ongoing expansion in the availability of Garda vetting to a range of other employment sectors involving the care of children and vulnerable adults, staffing of the GCVU has already more than doubled in the past year, i.e., from 13 to 30 staff members. Existing staffing levels are adequate to meet existing demand, but they will be subject to continuing review as expansion proceeds.
The child protection vetting process involves the disclosure by the GCVU of criminal history information, not so-called soft information such as ‘Garda intelligence', to the recruiting organisation, upon receipt of a written application which necessarily includes the written consent of the person to be vetted to the disclosure. The disclosed information should constitute only one factor in the recruitment decision, which at all times remains the responsibility of the recruiting organisation rather than the Garda Síochána.
Disclosure by the Garda Síochána is based on common law principles and is performed in accordance with the legal advices of the Attorney General. Recruiting decisions made by recruiting organisations, which, in part, may be based on disclosed criminal history information, are and will continue to be properly subject to existing employment and other law. Accordingly, the issue of indemnification does not arise.
171 Mr. Penrose asked the Tánaiste and Minister for Justice, Equality and Law Reform the contacts or discussions he has had with the banks or financial institutions to deal with the situation whereby staff members or their families are taken hostage in order to facilitate robberies; if there are agreed procedures between the banks and the Gardaí as to the way in which such situations are dealt with; and if he will make a statement on the matter. [30621/06]
The recent incident in which a bank worker and her family were held captive and forced to assist in the robbery of a bank in Coolock is the second such incident in recent months and this is clearly a cause for concern. In my meetings with representatives of the banking and security industries this year I have made it clear that I expect the highest security standards to be adhered to by their members.
In terms of operational standards and procedures, members of An Garda Síochána meet regularly with representatives of the financial institutions to discuss security issues. These meetings take place through the forum of the Irish Bankers Federation. For reasons of security An Garda Síochána does not disclose details of these contacts.
172 Ms Lynch asked the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the concerns expressed by the Dublin Rape Crisis Centre regarding the low level of conviction for sexual offences and the statistics they quoted suggesting that of the 95 cases the centre had reported to the Gardaí only five had resulted in trials; the steps he will take to address this situation; and if he will make a statement on the matter. [30635/06]
The Government places a high priority on putting in place measures aimed at tackling crimes of rape, sexual assault and other crimes of a sexual nature.
The provisional headline crime statistics for the second quarter of 2006 show sexual offences generally decreased by 28% for the quarter compared to the second quarter of 2005 and 10% for the twelve months up to 30 June compared to the same period for 2005.
All sexual offence cases are the subject of rigorous investigation by the Gardaí. All available resources are employed in respect of all sex offence cases to bring these investigations to a successful conclusion. Investigation files are forwarded to the Law Officers for a decision as to what charges are to be preferred. An Garda Síochána actively encourages people who are the victims of any crime to report the offence to the Gardaí. In addition, a number of established initiatives underpin this policy, such as the Garda confidential telephone number, Crimestoppers and Crimecall.
I am concerned that there is a high attrition rate in rape cases in Ireland and that a large number of cases reported to the Gardaí do not reach prosecution stage for a variety of reasons. My Department has approved joint funding for comprehensive research into attrition rates in rape cases. The research, which is entitled "the Understanding of Attrition, Early Withdrawal, the Trial Process and Identifying Possible Changes to Support Complainants in Rape Cases", is being carried out by the Department of Law at the National University of Ireland, Galway and the Rape Crisis Network Ireland, over three years and is expected to be completed in 2007/2008. This research should provide a greater understanding as to why some victims choose not to report cases to the Gardaí, what can be done about under reporting and why, of the cases that are reported, only a relatively small percentage result in a court hearing.
There are indications that the situation with regard to the listing of cases for trial in the Central Criminal Court has improved. In 2002, the waiting time between return for trial and trial was 18 months. By comparison, cases listed in March, 2006 were scheduled for trial to start on dates in October and November, 2006, that is in 7-8 months. These improvements can be attributed to the decision of the President of the High Court to assign four judges to the Central Criminal Court on an ongoing basis and to the very active management of the court list. Already the Ombudsman Commission and the Garda Síochána Inspectorate have been appointed — the composition of both these bodies is indicative of the level of importance which the Government attaches to them. Staff from my Department have been assigned to each and are currently engaged in putting the necessary infrastructure in place. I understand that the Commission is working towards being in a position to receive complaints as soon as possible in 2007.
New Promotion Regulations came into effect on 22 September. Those regulations will bring about significant modernisation of the system for promotion within the Garda Síochána. They formalise the requirement for promotion to be based on merit and for all competitions to be held in a manner which is:
(a) fair, impartial and objective,
(b) in line with best practice,
(c) consistent throughout, and
(d) open, accountable and transparent.
These principles, combined with the introduction of additional external expertise in selecting candidates for promotion within the Garda Síochána, will result in a system which reflects current best practice.
In the wake of the recent reports, and with the agreement of the Commissioner, I have appointed a four person civilian expert group, chaired by Senator Maurice Hayes, to advise him on the development of management and leadership skills for senior officers, the promotion of a culture of performance management and accountability, the development of human resource management and succession planning and the development of specialist skills and enhanced training for members and staff of An Garda Síochána.
Of particular relevance in the context of the latest reports of the Tribunal are the new draft discipline regulations which have been drawn up. These are based on well-established principles in the private and public sector and are significantly more streamlined than the system which is currently in existence. The next step is for them to undergo consideration by the Garda representative bodies. Also, arising from the most recent reports, on my instructions regulations for a Whistleblower's charter within An Garda Síochána have been drawn up and are being finalised in consultation with the Commissioner, the Ombudsman Commission and Garda Inspectorate, as provided for in Garda Síochána Act 2005.
Change in our national policing service is being pursued in a vigorous but sensible manner — I am conscious of the fundamental importance of getting it right. I intend to do so.
173 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the action he proposes to take to put an end to the activities of criminal gangs and gang warfare, drive by shootings, racketeering, protection, intimation and intimation of witnesses, and such regular activities culminating in a reign of terror whereby people have become unsafe on the streets, in their homes or workplaces and even in prison; and if he will make a statement on the matter. [30701/06]
197 Mr. J. O’Keeffe asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on the recent spate of gun crimes and other serious crimes; and the immediate proposals he has to deal with same. [30679/06]
200 Mr. Broughan asked the Tánaiste and Minister for Justice, Equality and Law Reform the action being taken to deal with the spate of gun murders over recent months on the north side of Dublin; and if he will make a statement on the matter. [30616/06]
I propose to take Questions Nos. 173, 197 and 200 together.
I am informed by the Garda authorities that Garda management analyses available intelligence and selects targets involved in serious criminal activity, particularly gun-related crime. Intelligence-led operations against targets are used by Garda management to combat this type of criminal activity on an ongoing basis. This involves the strategic deployment of both local and specialised Garda operation units to counter such activities.
Operation Anvil has proved to be very successful in disrupting the criminal activities of a number of key criminal gangs. It has resulted in a number of high-profile arrests and the acquisition of intelligence on the movements of criminals. Notable improvements have been achieved in recorded crime in the target crime areas under the operation.
In addition to the introduction of Operation Anvil, the Commissioner in November 2005 augmented the Organised Crime Unit at the National Bureau of Criminal Investigation with an additional 55 Garda members to address the problem of criminal gang activity. Enforcement by the Unit has resulted in further firearms being seized and a number of persons arrested, thereby disrupting their criminal activities.
This integrated approach adopts best practice in implementing a co-ordinated use of Garda resources and using available criminal legislation to its fullest extent. Operations are reviewed on a ongoing basis to ensure their effectiveness.
Local Garda management are satisfied that current resources available are sufficient, with local units being supplemented by personnel from the National Bureau of Criminal Investigation, the Organised Crime Unit, the Emergency Response Unit and the Special Detective Unit.
In addition 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 An Garda Síochána increased to a record 12,762 on Friday 8 September following the attestation of 249 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,060 (or 19%) in the personnel strength of the Force during that period. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.
I should add that the current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of this year. The first three groups of newly attested Gardaí under this accelerated recruitment programme came on stream in March, June and September of this year and the fourth such group will become fully attested members of the Force later this year. Further tranches of approximately 275 newly attested Gardaí will follow every 90 days thereafter until the programme is complete. The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources.
174 Mr. Morgan asked the Tánaiste and Minister for Justice, Equality and Law Reform the amount the document New Dublin Prison Complex The Right Decision, Your Questions Answered cost to produce and distribute; how widely it was distributed; and the means by which the document was disseminated. [30699/06]
The total cost to design and produce the document was €16,134.14, inclusive of VAT.
Copies of the document, were distributed to all members of the Oireachtas, each County Council Member in Dublin County Council, Fingal County Council and Meath County Council and other interested parties.
175 Mr. Howlin asked the Tánaiste and Minister for Justice, Equality and Law Reform his response to the report of the Barr Tribunal into the shooting dead of a person (details supplied); the action he has taken or intends to take arising from the report; and if he will make a statement on the matter. [30604/06]
183 Mr. Eamon Ryan asked the Tánaiste and Minister for Justice, Equality and Law Reform the advances made to date to implement the recommendations contained in the report of the Barr Tribunal, in particular the recommendations that the Emergency Response Unit be equipped with stun guns and other non-lethal options and that improvements in Garda training in the context of siege situations be implemented without delay; and if he will make a statement on the matter. [30707/06]
I propose to take Questions Nos. 175 and 183 together.
As I stated at the time of the Barr Report's publication, it is important that we learn whatever lessons we can from the tragic death of John Carthy. In this regard, and in accordance with the Garda Síochána Act 2005, I have forwarded a copy of the Report to the Chief Inspector of the Garda Inspectorate, Ms Kathleen O'Toole. In the light of the Report's findings I have asked her to review Garda procedures and practices for dealing with incidents of the nature that arose in Abbeylara. In addition, under the provisions of the Garda Síochána Act 2005, all fatal shooting incidents involving the Gardaí will automatically be referred to the new Garda Ombudsman Commission.
However, the improvements that have already been made, both in terms of legislation and those initiatives already adopted by the Garda Commissioner, should not be overlooked. Legislatively, in addition to the new provisions of the Garda Síochána Act 2005, the Criminal Justice Act 2006 substantially reforms the law in relation to legally and illegally held firearms. These include amongst other things measures relating to suitability to possess firearms, secure accommodation for firearms, and mandatory sentences for certain firearms offences.
With regard to ‘less lethal' weapons, following the tragedy in Abbeylara the Garda Commissioner appointed a Working Group to consider their use. The report of this Group was considered by Government in November 2002 and authorisation was granted for the introduction of three types of ‘less lethal' weapons for use by the Garda ERU where appropriate, namely bean bag shot, pepper spray device and ferret pepper spray shot. The Emergency Response Unit has since been equipped with these devices and fully trained in their use.
An Garda Síochána also commenced a review in relation to response to critical incidents in 2003. Following this review, a Manual of Guidance for On Scene Commanders, outlining policy and procedures for dealing with critical incidents, was approved in May 2005. To date twenty-nine officers of Superintendent and Inspector rank have completed the On Scene Command training. In addition, as part of its Critical Incident Response Programme, discussions are continuing between An Garda Síochána and the Health Service Executive on the provision of specialist medical assistance at critical incidents in the form of psychological experts.
Moreover, the Garda Commissioner has assured me that An Garda Síochána are examining Mr Justice Barr's report carefully and comprehensively with a view to addressing the issues which arise.
176 Mr. Costello asked the Tánaiste and Minister for Justice, Equality and Law Reform his proposals for changes to the Probation Service; when same will come into operation; the additional resources which will be provided for the service; and if he will make a statement on the matter. [30633/06]
I have agreed a restructuring of the Probation Service.
Following an open competition a new Director was appointed in September, 2005. To support the Director and strengthen the management of the Service a new senior management structure for the Service has now been put in place comprising three Deputy Directors and 2 Assistant Deputy Directors. Further work is ongoing to enhance the IT and financial expertise available to the Service.
The Probation Service Strategy Statement and Work Plan of Strategic Actions 2006 — 2007, which set-out the strategic goals of the Service for the period, was launched by me on the 26 June, 2006. This launch was also used to rebrand the Service.
The Service has received increased resources including 30 additional staff as well extra financial resources. I am exploring what further additional resources can be made available.
177 Mr. Gormley asked the Tánaiste and Minister for Justice, Equality and Law Reform the measures taken by his Department and the Garda Commissioner in view of the third, fourth and fifth reports of the Morris Tribunal; and if he will make a statement on the matter. [30706/06]
207 Mr. Howlin asked the Tánaiste and Minister for Justice, Equality and Law Reform his response to the three most recent reports from Mr. Justice Morris; the action he has taken or intends to take arising from the reports; and if he will make a statement on the matter. [30830/06]
I propose to take Questions Nos. 177 and 207 together.
The publication of the third fourth and fifth reports of the Morris Tribunal underlined the absolute necessity for the Government to continue to implement its radical reform programme for An Garda Síochána. This reform process had its origins in the publication of the Garda Síochána Bill in 2003. Nothing in the latest Morris reports negate in any way the vigorous approach taken since then — in fact the reports emphasise the need to redouble our efforts to ensure that the ongoing process of change continues apace.
The Garda Síochána Act 2005 represents a fundamental restatement of the oversight and accountability relationship which has existed between my Department and the Gardaí since 1922. It goes to the very core of policing — recasting in statute form the formal relationship between the Executive, the Minister, the Oireachtas and An Garda Síochána as well as the Force's relationship with local Government. It imposes a clear statutory duty on every member of the force, when required to do so by a member of higher rank, to account for his or her action or inaction while on duty. Failure to do so is sufficient to ground disciplinary action which may lead to dismissal.
Already the Ombudsman Commission and the Garda Síochána Inspectorate have been appointed — the composition of both these bodies is indicative of the level of importance which the Government attaches to them. Staff from my Department have been assigned to each and are currently engaged in putting the necessary infrastructure in place. I understand that the Commission is working towards being in a position to receive complaints as soon as possible in 2007.
New Promotion Regulations came into effect on 22 September. Those regulations will bring about significant modernisation of the system for promotion within the Garda Síochána. They formalise the requirement for promotion to be based on merit and for all competitions to be held in a manner which is:
(a) fair, impartial and objective,
(b) in line with best practice,
(c) consistent throughout, and
(d) open, accountable and transparent.
These principles, combined with the introduction of additional external expertise in selecting candidates for promotion within the Garda Síochána, will result in a system which reflects current best practice.
In the wake of the recent reports, and with the agreement of the Commissioner, I have appointed a four person civilian expert group, chaired by Senator Maurice Hayes, to advise him on the development of management and leadership skills for senior officers, the promotion of a culture of performance management and accountability, the development of human resource management and succession planning and the development of specialist skills and enhanced training for members and staff of An Garda Síochána.
Of particular relevance in the context of the latest reports of the Tribunal are the new draft discipline regulations which have been drawn up. These are based on well-established principles in the private and public sector and are significantly more streamlined than the system which is currently in existence. The next step is for them to undergo consideration by the Garda representative bodies. Also, arising from the most recent reports, on my instructions regulations for a Whistleblower's charter within An Garda Síochána have been drawn up and are being finalised in consultation with the Commissioner, the Ombudsman Commission and Garda Inspectorate, as provided for in Garda Síochána Act 2005.
Change in our national policing service is being pursued in a vigorous but sensible manner — I am conscious of the fundamental importance of getting it right. I intend to do so.
179 Mr. Wall asked the Tánaiste and Minister for Justice, Equality and Law Reform the plans he has to increase the number of juvenile liaison officers in view of the proven success in dealing with juvenile offenders and the increasing burden that is likely to be placed on them following the enactment of the juvenile justice sections of the Criminal Justice Bill; and if he will make a statement on the matter. [30620/06]
187 Mr. Gogarty asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of juvenile liaison officers currently at work here; if there are plans to increase their number during the current Dáil term, if he is satisfied that these gardaí are adequately resourced; and if he will make a statement on the matter. [30712/06]
I propose to take Questions Nos. 179 and 187 together.
I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that at present, there are 87 Garda Juvenile Liaison Officers and 8 Juvenile Liaison Officer Sergeants working in various Divisions throughout the country. In addition to this, the National Juvenile Office has a staff of 1 Superintendent, (the Director of Diversion Programme), 1 Inspector and 2 Sergeants.
JLOs are responsible for implementing the Garda Juvenile Diversion Programme, which provides an opportunity to divert juvenile offenders from criminal activity. It operates on a nationwide basis under the supervision and direction of the Garda National Juvenile Office, Harcourt Square, Dublin 2. The Programme provides that, in certain circumstances, a juvenile under 18 years of age, who freely accepts responsibility for a criminal incident, may be cautioned as an alternative to prosecution.
The Children Act, 2001 provides a statutory basis for the Juvenile Diversion Programme. The Programme came into operation on 1 May, 2002 and now includes provision on restorative cautioning and conferencing which form part of the comprehensive restorative elements of the Act. The Programme has proven to be highly successful in diverting young people away from crime by offering guidance and support to juveniles and their families. In the more serious cases, juveniles are placed under the supervision of Garda Juvenile Liaison Officers, who are responsible for administering the Programme at the local level.
The Criminal Justice Act 2006 provides for a change to the age of criminal responsibility and for the introduction of behaviour orders for children. Officials of the Irish Youth Justice Service in my Department have begun consultations with the Garda authorities on the effect and resource implications which these changes will have on the work of the Juvenile Diversion Programme. These provisions have not yet been commenced.
In addition to the Juvenile Diversion Programme, there are also 64 Garda Youth Diversion Projects nationwide. Garda Youth Diversion Projects aim to bring about the conditions whereby the behavioural patterns of young people towards law and order can develop and mature. These projects cater for approximately 2,500 participants per annum and are particularly targeted at 10-18 year old "at risk" youths in communities where a specific need has been identified. The allocation of funding for the 64 Garda Youth Diversion Projects (along with 7 Local Drug Task Force Projects) in 2006 is just over €6.6 million, which is an increase of €1.2 million on 2005.
It is my intention to ensure that 100 schemes will be established nationwide before the end of 2007. Recently, I announced the establishment of ten new projects in the first phase of the expansion of the scheme, bringing the total number of projects to 74. The ten new projects are located in Blanchardstown, Birr, Carlow, Castlebar, Cavan, Clondalkin, Limerick, Tallaght and Tralee (two projects). The appointment of additional Juvenile Liaison Officers for these projects is under consideration.
I should add that the current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of this year. The first three groups of newly attested Gardaí under this accelerated recruitment programme came on stream in March, June and September of this year and the fourth such group will become fully attested members of the Force later this year. Further tranches of approximately 275 newly attested Gardaí will follow every 90 days thereafter until the programme is complete. The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources, and in this context the needs of the Garda Juvenile Diversion Programme will be given the fullest consideration.
180 Mr. Gormley asked the Tánaiste and Minister for Justice, Equality and Law Reform the measures taken to date by his Department and the Irish Prison Service to ameliorate the unacceptable conditions and overcrowding at Mountjoy Prison which led to a number of violent attacks during the summer of 2006, culminating in the death of an inmate; and if he will make a statement on the matter. [30705/06]
I am actively pursuing the only viable long term remedy to the problems to which the Deputy refers, through constructing new prison facilities in Dublin and Munster. I hope that I can have the support of the Deputy and his colleagues in this regard. The new facilities will, in addition, offer significant improvements in the areas of work training, education and medical services as well as providing predominantly single cell accommodation with in-cell sanitation facilities. These are major undertakings involving replacement of close to 40% of the entire prison estate. They will take a number of years to complete but it is my intention that they will proceed as quickly as possible.
In the interim appropriate strategic measures are being taken. As the major committal prison in the State, Mountjoy was susceptible to short term pressures on accommodation arising from sudden influxes of prisoners sentenced by the Courts, sometimes late in the evening.
With effect from 1 September 2006, I have designated Wheatfield Prison and the Midlands Prison as committal prisons for certain male adult prisoners sentenced by courts. This will significantly reduce the numbers being committed to Mountjoy in the first instance and make for a somewhat more stable and manageable prisoner population there.
In addition the two holding cells in the B Base Mountjoy have been closed. One of the cells is being converted into a 4 shower unit for prisoners accommodated in the Base. The other cell is being refurbished to provide one single occupancy cell. A2 and A3 landings of Mountjoy prison are to be re-opened following refurbishment. There are 42 cells on each landing. The re-opening of these landings will result in a significant increase in the number of single occupancy cells in the prison.
The Deputy will be aware that I have appointed Mr. Michael Mellett to conduct an independent inquiry into the circumstances surrounding the death in Mountjoy and to make appropriate recommendations. I await his report.
181 Mr. J. Higgins asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will report on his meeting with representatives of families bereaved by the Stardust tragedy. [29232/06]
As the Deputy will be aware, the Taoiseach and I met representatives of the Stardust Victims Committee on 18 September. The purpose of the meeting was to hear from the Committee regarding the detailed submission made by them during the summer, in which they set out their case for a new public inquiry into the tragedy. We emphasised that we did not wish to finalise our thinking on this issue until we had heard at the meeting from the families in person and that a formal response would issue once their submissions, both written and verbal, had received detailed examination and consideration.
182 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform the position in regard to the operation of the Register of Sex Offenders; if the information is contained in a central database; the categories of persons who have access to the information; and if he will make a statement on the matter. [30624/06]
The Sex Offenders Act, 2001 sets out the obligations on persons convicted of a range of sexual offences. A convicted sex offender must notify his/her name(s), date of birth and current home address to the Garda Síochána within seven days of the conviction for the sexual offence concerned or, where the offender is sentenced to imprisonment, from the date of full release from prison.
Thereafter, the offender must notify the Gardaí of any change of name or address within seven days of that change. Notification of any address where the offender spends either as much as seven days or two or more periods amounting to seven days in any twelve month period must also be given to the Gardaí.
If the offender intends to leave the State for a period of seven days or more s/he must inform the Gardaí of this fact and the address at which s/he intends to stay and also notify the Gardaí of his/her return. If s/he did not intend to stay away for more than seven days but did, s/he must inform the Gardaí within a further seven days.
The provisions of the Act extend to any sex offenders entering this jurisdiction from abroad who have an obligation to register in their own countries.
It is an offence to fail to comply with the notification requirements. The penalty is imprisonment for up to 12 months or a fine of €1,900 or both.
The information provided by persons subject to the notification requirements set out in the Act is held centrally at the Garda Domestic Violence and Sexual Assaults Investigation Unit. It is accessible to members of the Garda Síochána, including nominated Garda Inspectors in each Garda Division who have responsibility for the monitoring of persons subject to the requirements of the Sex Offenders Act, 2001 in their Division.
The provisions of the Sex Offenders Act 2001 are kept under regular review by the Garda Síochána and my Department with a view to ensuring they are operating in a satisfactory manner.
185 Mr. Rabbitte asked the Tánaiste and Minister for Justice, Equality and Law Reform his proposals for reform of the Chief State Pathologists Office; if it is intended to introduce a new system whereby homicide cases would be handled by two pathologists; the discussions he has had with the current Chief State Pathologist on this issue; and if he will make a statement on the matter. [30625/06]
I am continuing to consider a number of options aimed at further enhancing the services provided by the State Pathologist's office, in consultation with the State Pathologist, and have recently received approval for the appointment of a second Deputy State Pathologist, so as to provide additional capacity for the office.
186 D’fhiafraigh Mr. O’Shea den Tánaiste agus Aire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí an bhfuil cinneadh déanta ag an ngrúpa oibre idir-rannach a bunaíodh chun féachaint le cur chuige oiriúnach a mholadh ó thaobh riachtanas Gaeilge i gcóras oiliúna an Gharda Síochána de; agus an ndéanfaidh sé ráiteas ina leith. [22763/06]
Níl cinneadh déanta fós ag an ngrúpa oibre idir-rannach a bunaíodh chun féachaint le cur chuige oiriúnach a mholadh ó thaobh riachtanas Gaeilge i gcóras oiliúna an Gharda Síochána de.
Chuir údaráis na nGardaí in iúl dom, áfach, go bhfuil an grúpa oibre a bunaíodh i gColáiste na nGardaí chun an cúrsa Gaeilge a fhorbairt le haghaidh Gardaí faoi Oiliúint tar éis a chuid oibre a chur i gcrích. Cuireadh an cúrsa nua Gaeilge atá molta ar aghaidh chuig Comhairle na nDámhachtainí Ardoideachais agus Oiliúna le go ndéanfaí é a fhormheas. Tá an cúrsa creidiúnaithe ag an gComhairle ó shin. Tá tuarascáil ina dtugtar léargas ar an gcúrsa nua dréachtaithe agus tuigim go gcuirfear ar aghaidh go mo Roinnse go luath í.
Tá súil agam go mbeidh an grúpa oibre idir-rannach in ann a thuarascáil a chur i gcrích i rith na seachtaine seo chugainn.
188 Mr. O’Shea asked the Tánaiste and Minister for Justice, Equality and Law Reform if his Department is undertaking strategies or initiatives specifically to address the development of Ireland into a more multicultural society; and if he will make a statement on the matter. [22754/06]
My Department recognises the enormous challenges facing Irish society today as a result of the major demographic changes that have occurred in recent years. These challenges are particularly acute since these changes have not been gradual. Indeed, recent statistics indicate that newcomers may now account for up to 10% of the population.
As part of the response to these changes, in 2005 I established the Irish Naturalisation and Immigration Service — INIS for short, which brings together the various strands of Government activity which have a direct bearing on immigration and integration issues. Within these revised structural arrangements, a new framework is now being finalised under which INIS will exercise its responsibility for promoting and coordinating all social and organisational measures across the whole spectrum of Government for the acceptance of lawful immigrants into Irish economic and cultural life.
A new Integration Unit within INIS is also being established to carry out this specific function. The Unit will work with other Departments on studies and projects which have a major leverage effect on overall integration objectives. It will also assist in the development of a broad integration policy, building comprehensive strategies that will be linked with progress already achieved in the areas of social inclusion and anti-racism.
Earlier this year I announced an Integration Fund of €5m to accelerate the process of ensuring that all newcomers to Ireland can develop their full potential in the context of a new integrated society. Local Partnership Companies involved in the social inclusion area and Non Government Organisations with expertise in the area of integration will be involved in the implementation of this initiative. The Fund will also be made available for a range of research and mapping initiatives and will be used to accelerate the implementation of the National Action Plan against Racism which already has a significant integration element.
The Reception & Integration Agency (RIA) has responsibility for the coordination of integration services for refugees and persons with leave to remain and is actively involved with stake-holders at all levels both statutory and non-statutory to ensure that the needs of that client group are identified and addressed.
A high-level Inter-Departmental Working Group, coordinated by the RIA, was established in 2005 to oversee the integration of refugees admitted under resettlement programmes. While the brief of this Inter-Departmental Working Group refers to refugees admitted under resettlement programmes, many of the issues which arise apply also to other newcomer minority groups.
Most integration occurs at a local and community level and the RIA are actively involved with Local Authorities, County Development Boards, and Partnership Companies to promote the development of integration strategies within their Social Inclusion remit.
In May of this year the RIA, in cooperation with the Department of Education & Science, held a 1 day seminar entitled "Towards a National English Language Policy for Adult Newcomers" designed to bring together core English language providers and other key stakeholders. Further detailed research is now being undertaken in this area to capitalise on the results of the seminar.
The RIA is also working with the Department of Community Rural & Gaeltacht Affairs and Pobal (Dormant Accounts programme) to develop targeted initiatives to promote the integration of refugees with a particular focus on parents of Irish-born children who were granted leave to remain last year.
The needs of this client group is also being addressed by the NDP Gender and Equality Unit of my Department who have provided funding to facilitate access to training and employment. Ireland has developed one of the most comprehensive anti-discrimination codes in Europe and the National Action Plan against Racism (NAPR) to which I have already referred continues to provide strategic direction to combat racism and to develop a more inclusive, intercultural society in Ireland. It is based on a commitment to inclusion by design and not as an add-on or afterthought and its focus is on five objectives — participation, inclusion, provision, recognition and protection. The plan will run until 2008.
A Strategic Monitoring Group, coordinated by my Department, with representatives of the social partners, NGOs and Government has been established to oversee implementation of the NAPR measures. The Group has established three working groups from its members and each group has brought in further expertise as required thereby directly involving people from minority ethnic backgrounds in policy implementation in specific projects.
A network of Liaison Officers in Government Departments has been established and a wide range of projects are already well advanced. These include:
Development of intercultural school guidelines: Guidelines for primary school teachers have been completed and post-primary guidelines are expected to be published very soon.
Developing anti-racist and diversity (ARD) plans: The first ARD Plan is already in operation in Galway. Work is currently underway with Roscommon County Council, Dublin Inner City, Fingal County Council and Louth County Council.
Cooperation with the Gardaí: Under the auspices of NAPR, the first Intercultural Consultative Forum was held on the 6th September and involved representatives of minority communities and the Traveller communities.
Research into racism and the criminal law: This is being carried out by the Law School, University of Limerick and is due to be completed in November this year.
Using sport for integration: A Grant Scheme with Local Sports Partnerships to develop integration projects is now under way.
Promoting Anti-Racist Workplace Week: 2005 was the sixth year of the Anti-Racist Workplace Week. The purpose of the week is to raise awareness of the need to combat racism in organisations and promote support for the accommodation of diversity in the workplace. The week is organised by the Equality Authority in close partnership with this Department, NAPR steering group, IBEC, ICTU, the Construction Industry Federation, the Small Firms Association, Chambers of Commerce of Ireland and the Irish Farmers Association.
Finally, I would draw the Deputy's attention to the fact that while my Department continues to develop integration initiatives in accordance with its mandate, a whole range of measures are continually being undertaken by other Departments in terms of both services and funding. I believe that the broad social inclusion programme being pursued by this Government will be of major influence in addressing the important challenge referred to by the Deputy.
189 Mr. Broughan asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress the Government has made towards a clean fuel ministerial fleet; and if he will make a statement on the matter. [26646/06]
Ministerial State cars are placed at the disposal of Government Ministers and others pursuant to a long standing arrangement and are supplied to the following: President, Taoiseach, Tánaiste, 13 Government Ministers, Chief Whip, Ceann Comhairle, Attorney General, Director of Public Prosecutions, Chief Justice, Former Taoisigh & Presidents.
Factors such as fuel efficiency and safety are taken into account in making purchases for the Ministerial Fleet. It is also the case that 5 electric/petrol hybrid vehicles have been procured this year for the Ministerial Fleet. Hybrid vehicles have significantly better fuel consumption and significantly reduced emissions compared to equivalent conventional models.
190 Ms O. Mitchell asked the Tánaiste and Minister for Justice, Equality and Law Reform if the Gardaí have been in touch with their counterparts in the UK and Northern Ireland in relation to the introduction of a reciprocal system of recognising penalty points awarded to motorists between the Republic and Northern Ireland in 2007; the way in which this system will operate; and if he will make a statement on the matter. [30593/06]
The introduction of a reciprocal system of recognising penalty points awarded to motorists in this jurisdiction and in Northern Ireland is a matter for the licensing authorities in both jurisdictions, the Department of Transport in this jurisdiction and Driver and Vehicle Licensing Northern Ireland.
I am informed that the Minister for Transport has agreed with the UK Minister for State for Transport the terms of reference for a study of the feasibility of greater cooperation between Ireland and the UK in relation to lesser road traffic infringements, with a view to officials undertaking a study on this basis and reporting back early next year.
I am also informed that the Minister for Transport has agreed with the UK Minister of State for Transport to enter into bilateral arrangements on the mutual recognition of driving disqualifications as envisaged in the EU Convention on Driver Disqualification.
193 Ms Burton asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will clarify the situation in relation to the decentralisation of his Department; if there has been a change in the targeted number of staff due to move to Navan; and if he will make a statement on the matter. [24947/06]
I can confirm that my Department's decentralisation programme is firmly on target.
The Private Security Authority and the Garda Central Vetting Unit are operational in Tipperary town and Thurles respectively. Further advance moves from Garda HQ are planned for Thurles for the first half of 2007. The Land Registry has recently opened an office in Roscommon town and the Office of the Data Protection Commissioner will relocate to Portarlington in December. The new headquarters building for the Irish Prison Service is scheduled to be completed and ready for occupation in the first half of 2007. Under this phase of the programme, therefore, the total number of Justice sector posts moving out of Dublin will amount to two hundred and eighty-five.
As regards Navan, the targeted number of posts remains at 103. This will be made up of posts from the Probation Service, the National Property Services Regulatory Authority, the Garda Civilian HR Unit and the Coroners Agency.
I understand that the Office of Public Works is currently looking at property solutions for all these agencies and it is anticipated that the first moves to Navan will begin before the end of the year.
195 Ms McManus asked the Tánaiste and Minister for Justice, Equality and Law Reform the progress made with regard to the Garda investigation into the murder of a person (details supplied); if a file has been sent to the Director of Public Prosecutions; if persons have been charged in connection with the murder; and if he will make a statement on the matter. [30615/06]
I have been informed by the Garda authorities that the murder of the person referred to is being investigated. A number of persons have been arrested in connection with this incident.
I am further informed that an investigation file has been completed and submitted to the Law Officers. To date no person has been charged in connection with this incident. As this is an ongoing Garda investigation it would be inappropriate for me to comment further at this time.
196 Dr. Upton asked the Tánaiste and Minister for Justice, Equality and Law Reform the action he will take to address the flaw in the recently enacted Parental Leave Amendment Act 2006 as a result of which parents of young children working for the same employer will not be able to transfer their 14 weeks of parental leave between each other; and if he will make a statement on the matter. [30637/06]
The Parental Leave (Amendment) Act 2006, which was enacted on 18 May last, amends the Parental Leave Act 1998 to implement agreed recommendations in the Report of the Working Group on the Review of the Parental Leave Act 1998. It also implements an increase in the maximum age limit of an eligible child to 8 years, agreed subsequent to the publication of the Report in the context of the Sustaining Progress Partnership Agreement.
Section 2 of the Bill, as initiated in the Seanad on 16 December, 2004, amended section 6 of the 1998 Act by substituting it with a new section 6 to take account of a number of changes in relation to the entitlement to parental leave i.e. increase in the upper age limit of an eligible child, extension of the provisions to include adopting parents and persons acting in loco parentis of an eligible child.
However, at Report stage of the Bill in the Dáil, an Opposition amendment was accepted which inserted a new section to the Bill which amends section 6(7) of the 1998 Act to allow for the transfer of parental leave between parents where both parents are employed by the same employer.
This amendment was technically flawed, as the new section 3 seeks to amend a subsection which was deleted and substituted by the text of subsection 2 of the Bill (now Act). It was not possible to correct the problem with the text before enactment, without creating further delay to the enactment of the Bill.
While the amendment itself does not pose a difficulty in principle, I acknowledge that it confuses the issue regarding the transferability of parental leave. I intend to seek Government approval for an amending provision, to be included in a suitable legislative instrument, at an early date.
198 Mr. M. Higgins asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used in respect of each year from 1998 to date in 2006; the number of such cases in which prosecutions for murder were initiated; the number of such cases where convictions were secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [30613/06]
I am informed by the Garda authorities that the following table shows the total number of murder offences where a firearm was used, recorded, detected, proceedings commenced and convictions for the years 1998 to 2005 and up to 1 October, 2006.
While no level of murder is acceptable, it should be noted that Ireland has one of the lowest murder rates in the western world. For example, the homicide rate in Glasgow, a city of comparable size to Dublin, is 5.5 per 100,000 of the population. The comparable figure for Dublin in 2005 is 1.7 per 100,000. The rate of murder/manslaughter in Ireland in 1995 was 1.47 per 100,000 of the population. The comparative figure for 2005 is 1.41 per 100,000 of the population. A wide range of provisions to combat gun crime were introduced in the Criminal Justice Act, 2006.
I am informed by the Garda authorities that murders involving the use of firearms tend to have lower conviction rates than other murders. This is not unique to Ireland. I am assured by the Garda Commissioner that the highest priority is given by An Garda Síochána to the investigation of murders and the detection of those responsible.
As the Deputy is aware, the Director of Public Prosecutions is statutorily independent in the performance of his functions. Furthermore, judges are independent in the exercise of their judicial functions, subject only to the Constitution and the law. It would therefore be inappropriate for me to comment on their decisions.
|
Recorded |
Detected |
Proceedings Commenced |
Convictions |
|
|
2006* (up to 1st October) |
16 |
6 |
4 |
0 |
|
2005 |
21 |
4 |
2 |
1 |
|
2004 |
9 |
8 |
5 |
3 |
|
2003 |
20 |
10 |
4 |
2 |
|
2002 |
10 |
5 |
4 |
3 |
|
2001 |
9 |
6 |
2 |
2 |
|
2000 |
12 |
7 |
6 |
2 |
|
1999 |
12 |
7 |
6 |
2 |
|
1998 |
4 |
3 |
2 |
1 |
*Figures are provisional, operational and liable to change.
202 Mr. Stagg asked the Tánaiste and Minister for Justice, Equality and Law Reform the action he will take to deal with vandalism and anti-social behaviour which is causing major problems in many communities with families harassed and property vandalised; and if he will make a statement on the matter. [30619/06]
I share the concerns expressed about anti-social behaviour and its effects on people. In many such incidents, vulnerable people, often the elderly, are subjected to serious nuisance and forms of harassment which cause significant and persistent distress to the people concerned and interfere fundamentally with their capacity to enjoy quiet and peaceful lives. Often such people are simply too frightened to stand up to their persecutors. Equally, few of them have the financial resources to engage lawyers to seek private law injunction-type remedies to protect their rights to enjoyment of their property.
The Criminal Justice Act, 2006 contains provisions to deal with anti-social behaviour. The Act empowers a senior member of the Garda Síochána to apply to the District Court by way of a civil procedure for an order which will prohibit an adult from behaving in an anti-social manner.
The relevant provisions of the Criminal Justice Act, 2006 will be commenced following consultations between my Department, the Office of the Minister for Children and the Commissioner of the Garda Síochána. These consultations are currently ongoing. The purpose of this is to ensure that these provisions will commence as soon as the Commissioner has made the necessary internal arrangements to ensure the smooth introduction of these new procedures.
Separate provision is being made in relation to young people. The Criminal Justice Act, 2006 introduces provisions for behaviour orders for children aged 12 to 18 years into the Children Act, 2001 and the protections of that Act will apply. There will be a series of incremental stages, with parental involvement, preceding an application for a behaviour order. These include a warning, a good behaviour contract and referral to the Garda Juvenile Diversion Programme. Only after these stages can a behaviour order be sought through the Courts.
Strong provisions are in place to combat vandalism and anti-social behaviour. The primary basis for the law regarding public order offences is the Criminal Justice (Public Order) Act, 1994, which modernised the law in this regard. Furthermore, because of my concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, I have brought forward tough new provisions to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003. One of the provisions of the Act is to broaden the application of the temporary closure order penalty, which was originally introduced to combat under-age drinking, to cover also convictions for a series of offences, such as a licensee supplying intoxicating liquor to drunken persons and permitting disorderly conduct on the licensed premises.
The Criminal Justice (Public Order) Act 2003 has also been enacted, the main purpose of which is to provide the Garda Síochána with additional powers to deal with late night street violence and anti-social conduct attributable to excessive drinking. It does this by providing for the closure of premises such as pubs, off licenses, late night clubs and food premises where there is disorder or noise on or close to the premises, as well as the making of exclusion orders on individuals convicted of a range of public order offences, in addition to any penalty they might receive under the 1994 Public Order Act.
I am informed by the Garda authorities that An Garda Síochána has a pro-active approach to policing anti-social/public disorder issues by immediate intervention, arrest and prosecutions or advice, as appropriate. Local Garda management provide for this in policing plans and make every effort to provide a highly visible police presence on the streets of our towns and villages through the deployment of uniform Gardaí, detective units, divisional traffic corps, community policing units and mountain bike units as appropriate. Garda patrols pay particular attention to areas where the public tends to congregate such as licensed venues and fast food outlets while awaiting transport, so as to prevent and detect incidents of public disorder.
I am further informed that Operation Encounter which was introduced by Garda management in 2002 targets public disorder offences including assaults and drinking by underage persons.
Under the Garda Juvenile Diversion Programme Divisional Juvenile Liaison Officers regularly visit schools, youth clubs and social services to give presentations under the education programme and highlight alternative options for regular offenders. Community Gardaí and the Garda Schools Liaison Officers also visit schools and address young people on a variety of topics including anti social behaviour.
Members of an Garda Síochána are frequently in contact with other Government and non-government agencies, including the Health Services Executive and the local authorities in order to have a multi agency approach to addressing criminal issues. This multi agency liaison will continue.
Garda Youth Diversion Projects are community based, multi-agency crime prevention initiatives which seek to divert young people from becoming involved (or further involved) in anti-social and/or criminal behaviour by providing suitable activities to facilitate personal development and promote civic responsibility. The Garda Youth Diversion Projects are funded by my Department and administered through Garda Community Relations Section of An Garda Síochána.
It is estimated that the 64 Garda youth diversion projects currently in place cater for approximately 2,500 participants per annum. The allocation of funding for the 64 Garda Youth Diversion Projects (along with 7 Local Drug Task Force Projects) in 2006 is just over €6.6 million, which is an increase of €1.2 million on 2005.
It is my intention to ensure that 100 schemes will be established nationwide before the end of 2007. Recently, I announced the establishment of ten new projects in the first phase of the expansion of the scheme, bringing the total number of projects to 74. The ten new projects are located in Blanchardstown, Birr, Carlow, Castlebar, Cavan, Clondalkin, Limerick, Tallaght and Tralee (two projects).
203 Dr. Cowley asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason a person (details supplied) was deported despite the fact that one of their children was left here; his views on whether this is a fair system in view of the fact that they were not allowed to remove there belongings or second child; and if he will make a statement on the matter. [30545/06]
The person referred to by the Deputy is a Nigerian woman who was deported from the State on a charter flight to Lagos on the night of the 20/21 September, 2006. She arrived in the State on 18 May 2005 and was accompanied by her son, a minor child born on 12 June 2001. On 18 July 2005 the person concerned gave birth to a second son in the State. The asylum application of the person concerned and her two children was refused following negative determinations by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal. Their cases were further considered under Section 3 (6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996, including representations on their behalf for leave to remain in the State from the Refugee Legal Service, before deportation orders were signed.
Despite the best efforts of the Garda National Immigration Bureau on the day of the removals to maintain the unity of the family, the person concerned refused to co-operate with the Gardaí in locating the whereabouts of all her children. In the end she was deported accompanied by her youngest child. It is understood that the elder child, who was hidden from Gardaí, was passed into the care of other local Nigerian nationals by his mother. I understand that the Garda National Immigration Bureau (GNIB) informed the local area Health Service Executive of the position in relation to this child. I am advised that the GNIB was notified of the whereabouts of the missing child a few days after the charter operation took place. I am further advised that the child in question is now in the care of the North Western Regional Health Authority and that a Child Care Order hearing in respect of him has been adjourned until 3 October 2006.
I am satisfied that the persons concerned were deported following a comprehensive examination of their asylum claims and of their claims to remain temporarily in the State. It should be pointed out that it was as a consequence of a deliberate choice on the part of the person concerned that she is now separated from her elder child. This behaviour by parents cannot form a basis for either non-enforcement or revocation of the deportation orders in this instance.
204 Mr. Hogan asked the Taoiseach if the moneys allocated to his Department in this year’s Estimates will be fully and appropriately spent during 2006; if he has identified any allocated moneys which are not needed by his Department; and if so the amount of such moneys. [30239/06]
The expenditure estimates for my Department contain relatively small provisions for the administration of the Department and of the bodies which come under its aegis and it is anticipated that this funding will be spent during the year in accordance with the Department's operating requirements.
My Department is closely monitoring expenditure and will continue to do so as year-end approaches and any overall savings identified will of course be made available to the Exchequer. It is not yet possible to definitively identify the nature and amount of any such savings, as this often depends on the timing of activities and related events. However, it is not expected that there will be a material level of allocation not required by year end.
205 Mr. Crowe asked the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the case of a person (details supplied); if an application for repatriation was made to Ireland; and if there has been progress in relation to same. [30493/06]
The person referred to by the Deputy has expressed an interest in transferring to a prison in Ireland under the Council of Europe Convention on the Transfer of Sentenced Persons. However, the formal application and necessary supporting documentation has not been received to date from the United Kingdom authorities. My Department has written to the United Kingdom authorities requesting them to commence processing this individual's application.
The Convention 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, i.e., from the authorities of both jurisdictions and from the person concerned. 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.
206 Ms Burton asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will report on the upcoming joint meeting of the banks, the Gardaí and the Irish Payment Services Organisation to discuss the issue of online banking fraud; and if he will make a statement on the matter. [30734/06]
I have indicated that I will require, in due course, a Garda report in relation to their ongoing contact with the banks and the Irish Payment Services Organisation. I will contact the Deputy further when the report is to hand.
209 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform the number and location of Garda stations in the Milford electoral area that have closed in the past ten years; the number and locations of the Garda stations that are currently operational within the Milford electoral area; the hours that each station is currently open; the number of Gardaí who are stationed at each of the stations; if more Gardaí are scheduled to be posted within the Milford electoral area; and, if so, the date by which the increase in personnel will take place. [30457/06]
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 An Garda Síochána increased to a record 12,762 on Friday, 8 September, 2006, following the attestation of 249 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,060 (or 19%) in the personnel strength of the Force during that period. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.
I have been further informed by the Garda authorities that no Garda Stations in the Milford District have closed in the past ten years. Milford station is the District Headquarters station and is open on a twenty four hour basis. The personnel strength (all ranks) of each of the Garda stations and their opening hours in the Milford District as at 2 October, 2006 was as set out in the following table.
|
Station |
Strength |
Opening Hours |
|
Milford |
24 |
24-hour |
|
Carrigart |
3 |
10am-1pm |
|
Kerrykeel |
2 |
10am-1pm |
|
Kilmacrennan |
2 |
10am-1pm |
|
Creeslough |
0 |
11am-1pm |
|
Dunfanaghy |
4 |
10am-1pm |
|
Falcarragh |
7 |
10am-1pm |
|
Church Hill |
1 |
11am-1pm |
|
Ramelton |
4 |
10am-1pm |
|
Rathmullen |
1 |
11am-1pm |
Local Garda Management report that members attached to Dunfanaghy Garda Station attend Creeslough Garda Station to ensure it is open at the specified times, however this is determined by resource availability and the rostered tour of duty of the members attached to Dunfanaghy Garda Station.
Milford Garda District forms part of the Donegal Division. In addition, I would point out to the Deputy that the Garda resources for this Division are further augmented by a number of Garda National Units such as the Garda National Drugs Unit, the Garda National Immigration Bureau (GNIB), the Criminal Assets Bureau (CAB) and other specialised units.
It is the responsibility of Garda management to allocate personnel to and within Divisions on a priority basis in accordance with the requirements of different areas. These personnel allocations are determined by a number of factors including demographics, crime trends, administrative functions and other operational policing needs. Such allocations are continually monitored and reviewed along with overall policing arrangements and operational strategy. This ensures that optimum use is made of Garda resources, and that the best possible service is provided to the public.
I should add that the current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of this year. The first three groups of newly attested Gardaí under this accelerated recruitment programme came on stream in March, June and September of this year and the fourth such group will become fully attested members of the Force later this year. Further tranches of approximately 275 newly attested Gardaí will follow every 90 days thereafter until the programme is complete. 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 area referred to by the Deputy will be given the fullest consideration.
210 Ms O. Mitchell asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will release a copy of a report entitled The Risk Management Review of Road Traffic Accidents involving An Garda Síochána compiled by the State Claims Agency into the cost of settling claims arising from crashes involving the Gardaí, particularly in view of its relevance to other emergency service providers; and if he will make a statement on the matter. [30458/06]
Under the provisions of Section 8(4)(a) of the National Treasury Management Agency (Amendment) Act, 2000, the State Claims Agency shall advise and assist a State Authority whenever it considers it appropriate to do so or is requested by such an authority to do so in relation to the measures to be taken to prevent the occurrence, or to reduce the incidence, of acts, omissions or other matters occasioning, or that may occasion, delegated claims against such an authority, including measures to identify sources of risk that may occasion such claims. Paragraphs (1) to (4) of section 8 (4) (b) also refer.
I have been informed that against the background of the above statutory provisions, the State Claims Agency provided a confidential report, concerning Garda driving etc., to the Garda authorities for consideration and discussion between the Agency and the Gardaí.
I have also been informed that the State Claims Agency is dependent on a strong and good working relationship with the State authorities when it carries out risk reviews. This has worked extremely well on the basis that the State Claims Agency acts as an agent on behalf of the State authority and that the report becomes the State authority's once it is completed. The view of the State Claims Agency is that the publishing of such risk reviews might inhibit the capacity of the State Claims Agency to carry out reviews in the future.
In this particular case, as part of its review, the State Claims Agency looked for appropriate benchmarks to allow it to compare the performance of An Garda Síochána with that of an analogous organisation. Having considered the key characteristics of the Garda driving operation, it was considered that it was not comparable with the driving operations of other emergency services such as ambulances and fire brigades. Benchmarks which were eventually settled on were found in UK police forces. As such, I am advised by the State Claims Agency that the findings of the report would not be of particular relevance to other emergency services. In view of the foregoing I will not be publishing the report at this time.
211 Ms O. Mitchell asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of motor accidents, involving the Gardaí, which are currently being dealt with by the State Claims Agency; the numbers which were dealt with by the Agency in 2004 and 2005 respectively; the number of these which are being investigated which involved members of the Force driving under the permission of the Garda Commission in 2004, 2005 and to date in 2006 respectively; and if he will make a statement on the matter. [30459/06]
Personal injury claims arising from road traffic accidents involving Garda vehicles were formerly managed by the Garda authorities. In December, 2001, the State Claims Agency took over the management of the claims.
The number of active claims for An Garda Síochána arising from road traffic accidents which are currently being dealt with by the Agency is 494.
All official road traffic accidents are investigated by An Garda Síochána. The total number of Garda Síochána road traffic accident claims, including those involving members driving with the Chief Superintendent's permission, for the period 2004-2006 is reflected in the following table.
|
Year |
No. of Claims |
Permission of Chief Supt. |
|
2004 |
244 |
55 |
|
2005 |
299 |
64 |
|
2006 YTD |
232 |
46 |
212 Mr. Howlin asked the Tánaiste and Minister for Justice, Equality and Law Reform the position in relation to the construction of a new Garda headquarters in Wexford; when construction is expected to begin; when it is envisaged that this facility will be completed; and if he will make a statement on the matter. [30471/06]
There are plans to construct a new Wexford Divisional Headquarters Garda station.
I understand that the necessary first step in providing the new station, the acquisition of a suitable site, has almost been completed by the Office of Public Works and it is expected that this will be finalised by the end of October, 2006.
The Garda authorities and my Department have undertaken the necessary preparatory work to ensure that the new station will meet the present and future requirements of the Wexford Division. To this end, at a meeting to discuss and agree the new station's accommodation requirements which took place in Wexford Garda station on the 27th September, 2006, a brief of accommodation requirements was discussed in detail and agreed. This agreed brief of requirements will be submitted shortly by the Garda authorities and the Office of Public Works will then produce a sketch design scheme for agreement by Garda management and the representative bodies.
With regard to the expected construction start and completion dates for the new station, I have been advised by the Office of Public Works that preparations for construction is planned to commence early in 2007 and it is envisaged that construction work on the new Wexford Divisional Headquarters Garda station will commence on site at the end of 2007 or early 2008.
214 Mr. Ring asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason no response issued from An Garda Síochána in relation to the incorrect endorsement of a driving licence for a person (details supplied) in County Mayo. [30479/06]
I am informed by the Garda authorities that searches conducted by them indicate that no correspondence has been received from the person referred to.
I am further informed that further enquiries indicate that the person referred to is not the registered owner of the vehicle in question.
215 Ms O. Mitchell asked the Tánaiste and Minister for Justice, Equality and Law Reform if the Garda will operate an occasional bus patrol in Dublin similar to the one it operates on LUAS to protect passengers, particularly at night, and to increase the sense of security for users of public services. [30486/06]
I am informed by the Garda authorities that Garda management within the Dublin Metropolitan Region has an excellent working relationship with the management of Dublin Bus. Regular contact is maintained and any issues raised are dealt with promptly.
I am further informed that, while there are no dedicated patrols on Dublin Bus, An Garda Síochána carries out patrols to deal with specific incidents and complaints as they arise, primarily in the late evenings when incidents of anti social behaviour are most likely to occur.
216 Mr. Gregory asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason a person (details supplied) in Dublin 1 who failed to return to prison following a short period on temporary release has again been granted temporary release; and if he will make a statement on the matter. [30494/06]
I am informed by the Director General of the Irish Prison Service that the person referred to by the Deputy failed to return to the Training Unit on 20 January, 2006 having been granted a short period of temporary release for humanitarian reasons. He was returned to prison custody by Gardaí on 5 June, 2006 and was transferred to the Midlands Prison on 8 June, 2006.
His case was subsequently discussed at a local review meeting in the Midlands Prison. These meetings facilitate the exchange of information and aid decision making with respect to the management of prisoners' sentences. They are chaired by the Governor with the attendance of senior prison management, Probation staff, chaplains, teachers, other prison staff and an official from the Prisons Service Headquarters. Following consideration of his case at this meeting a transfer to Shelton Abbey was approved. This transfer took place on 17 August, 2006 and was on the basis that he would not benefit from enhanced remission.
While in Shelton Abbey he made a number of applications for temporary release which were refused. He absconded from Shelton Abbey on 23 September, 2006 and is, therefore, unlawfully at large. The Gardaí are now seeking this fugitive. If past experience is any guide he will be soon returned to prison custody.
I am grateful to the Deputy for bringing this matter to my attention. Given the unusual sequence of events and circumstances of this case, I have asked for a full report.
217 Mr. O’Shea asked the Tánaiste and Minister for Justice, Equality and Law Reform the proposals he has to establish a tribunal of public inquiry into the death of a person (details supplied) in Count Offaly; and if he will make a statement on the matter. [30520/06]
229 Mr. Wall asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on correspondence (details supplied); and if he will make a statement on the matter. [30746/06]
234 Mr. Costello asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on documentation (details supplied); if he is satisfied regarding the internal Garda inquiry; if he will establish a public tribunal of inquiry in accordance with the wishes of the family (details supplied); and if he will make a statement on the matter. [30752/06]
237 Mr. Rabbitte asked the Tánaiste and Minister for Justice, Equality and Law Reform the steps taken on foot of correspondence received by him from a person (details supplied); if he is satisfied regarding the adequacy of the original Garda inquiry into that death; if a fresh inquiry is taking place; if so, the progress which has been achieved or is expected; if the death is now classed as suicide, accidental or homicide; if inquiries are taking place in relation to the conduct of other Garda inquiries in the area; if all such inquires internal to the Garda Síochána; if outside agencies are involved; and if he will make a statement on the matter. [30755/06]
239 Mr. F. McGrath asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will ensure an inquiry into a case (details supplied); and if he will support the family on this matter. [30832/06]
I propose to take Questions Nos. 217, 229, 234, 237 and 239 together.
I am informed by the Garda authorities that the death of the person referred to is under review by a senior Garda Officer. It is expected that the investigation file will be completed shortly. As the Deputies will appreciate it would be inappropriate for me to comment further before completion of the review.
218 Ms O’Sullivan asked the Tánaiste and Minister for Justice, Equality and Law Reform when he will make a decision on an application for leave to remain here on humanitarian grounds in relation to a person (details supplied) in County Clare; and if he will make a statement on the matter. [30521/06]
The person concerned arrived in the State on 21 January, 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 September, 2004, 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). I expect the file to be passed to me for decision in due course.
219 Mr. Noonan asked the Tánaiste and Minister for Justice, Equality and Law Reform when a decision will be made on an application for Irish citizenship by a person (details supplied); and if he will make a statement on the matter. [30523/06]
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 4 September 2006.
Applications received in the second half of 2004 are currently being processed and there are approximately 11,000 applications awaiting processing before that of the person in question. It is likely that processing of the application of the person in question will commence in the second half of 2008.
I will inform the Deputy and the person concerned when I have reached a decision on the application.
220 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the position in relation to the application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [30524/06]
As I informed the Deputy in my responses to Parliamentary Questions Nos. 243 of 16 February 2006 and 68 of 15 June 2006, officials in the Citizenship section of my Department were not satisfied that the person referred to in the Deputy's question fulfilled one of the key statutory conditions for obtaining post-nuptial citizenship, i.e. that she and her Irish spouse were living together as husband and wife when she lodged a declaration of acceptance of post-nuptial citizenship on 4 February 2005. As the individual has not addressed the issues raised by my officials in previous correspondence and has been unable to provide any information or supporting documentation which would resolve this issue, she was advised, in a letter dated 14 August 2006, that it was assumed she no longer wished to pursue citizenship on the basis of her marriage to an Irish born national. An application form for naturalisation was included with the correspondence, so that she may apply for a certification of naturalisation should she wish, provided that she satisfies the statutory conditions applicable at the time.
My officials have informed me that as of 18 September 2006, no response has been received from the person in question.
221 Ms Burton asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of prisoners held by the Prison Service as of 1 September 2006; and if he will make a statement on the matter. [30526/06]
I am informed by the Director General of the Irish Prison Service that there were 3,080 prisoners in custody on 1 September, 2006 which equates to approximately 91% of the total bed capacity.
222 Ms Burton asked the Tánaiste and Minister for Justice, Equality and Law Reform the average cost of maintaining a prisoner in custody in 2005; the average cost of holding a prisoner in custody in Portlaoise Prison in 2005; and if he will make a statement on the matter. [30527/06]
The average cost of keeping a prisoner in custody in 2005 was €90,900. The cost of keeping a prisoner in custody in Portlaoise Prison in 2005 was €240,700.
The average cost of keeping an offender is calculated by averaging out the current running costs of the prisons and places of detention against the average number of offenders in those institutions. These costs include certain items which are fixed no matter what the number of offenders in custody, e.g. utilities, staff salaries, etc. It also reallocates the cost of central services, e.g. H.Q., Prison Service Training Centre, I.T., etc. to each prison institution.
The relatively high costs of keeping a prisoner in Portlaoise Prison arises primarily because of the unique nature of the prisoners held there and the consequent security considerations which require a higher staff to prisoner ratio.
223 Ms Burton asked the Tánaiste and Minister for Justice, Equality and Law Reform the average cost per hour of supervising an offender on a community service sentence in 2005; and if he will make a statement on the matter. [30528/06]
The Criminal Justice (Community Service) Act, 1983 provides for the performance of unpaid work in the community by a person who is 16 years or over, who has been convicted of an offence, for which the appropriate penalty would be an immediate custodial sentence and who has given his/her consent to the Court.
The precise information requested by the Deputy is not readily available. The compilation of these statistics would require a disproportionate and inordinate amount of staff time and effort to prepare and could not be justified in current circumstances where there are other significant demands on resources. However, I can advise the Deputy that €2.37 m was expended on the administration of the Community Service Order Scheme during 2005, that figure does not include professional, administrative or other ancillary costs. I can further advise the Deputy that 1,167 Orders were made in 2005 of which 449 persons completed the full number of hours specified in their Order in that year.
The Deputy will be aware that, section 7(2) of the Criminal Justice (Community Service) Act, 1983 allows an offender, in respect of whom a community service order is made, twelve months to complete his/her specified hours beginning on the date an Order was made.
224 Mr. Gregory asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on the introduction of the recording of all telephone calls to Garda stations and the replies given in the interests of greater efficiency and public confidence in the Garda; and if he will make a statement on the matter. [30575/06]
An Garda Síochána currently records Garda radio traffic and emergency 112/999 calls.
An Garda Síochána depends on the public to provide information to assist in preventing and detecting crime and such information is provided on a confidential basis, often by telephone.
Prisoners detained in custody in Garda Stations are entitled to telephone their family and their legal representatives and such calls are made in private.
I am not aware of any plans to record all telephone calls to Garda stations.
225 Mr. Stanton asked the Tánaiste and Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 412 of 20 June 2006, the estimated construction cost of the proposed new bridge to Spike Island; when construction is expected to begin; and if he will make a statement on the matter. [30683/06]
226 Mr. Stanton asked the Tánaiste and Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 412 of 20 June 2006, the stage the planning procedures and assessment of environment and other related issues regarding the construction of a bridge to Spike Island are at; when a planning notice is expected to be lodged; and if he will make a statement on the matter. [30684/06]
I propose to take Questions Nos. 225 and 226 together.
I am advised by the Office of Public Works that the appropriate planning procedure for a bridge to Spike Island which will address environmental concerns and other issues will commence shortly.
The entire project, including detailed design, tendering, commissioning and construction will take between 18 months and two years and building is expected to commence in 2007.
The Deputy will appreciate, that as this project is close to tender stage, it would not be appropriate for me to release any cost estimates as such information is of a commercially sensitive nature at this time.
227 Mr. Kehoe asked the Tánaiste and Minister for Justice, Equality and Law Reform if an application for a holiday visa for a person (details supplied) has been received by his Department; and when he expects a decision on same. [30744/06]
The application referred to by the Deputy was received in the Dublin Visa Office on 28th September, 2006 and is awaiting examination by a Visa Officer. A decision in respect of this application will be made in the coming weeks.
228 Mr. Haughey asked the Tánaiste and Minister for Justice, Equality and Law Reform the policy on physical contact between prisoners and visitors at Cloverhill Prison; if flexibility will be shown in cases where visitors cannot hear the prisoners; and if he will make a statement on the matter. [30745/06]
I have been informed by the Director General of the Irish Prison Service that the norm in Cloverhill Prison is that, with the exception of professional visits, all visitors are separated from prisoners by a screen. There are specific visiting booths, equipped with telephones, which are available to prisoners or visitors who experience hearing difficulties. This policy is, in my view, an important tool in preventing contraband from entering the prison system. The Governor of Cloverhill Prison does, however, have the discretion to authorise special open visits having had regard to a number of factors such as the behaviour of a prisoner and the individual circumstances of any particular prisoner or visitor including facilitating persons with hearing difficulties.
230 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if, in this country or throughout the EU, efforts are being made to deter the use of the Internet for the pursuit of child pornography or people trafficking; and if he will make a statement on the matter. [30748/06]
By its very nature, the internet lends itself to being used for a wide range of criminal activities. This can include illegal pornography, racist or hate materials, financial fraud, intimidation or any other criminal activity carried out via the internet. Combating such illegal, harmful and predatory use of the internet requires a response at national, EU and wider international levels. The internet is an international and world-wide phenomenon with no borders and no single organisation controlling it. Measures to combat illegal materials and activities on the internet are, therefore, hampered by a multiplicity of jurisdictions, differing legal systems, and differing societal norms. Furthermore, new developments in communications technologies allowing for internet access by new means are a regular occurrence. These are largely positive developments but also bring particular challenges for those charged with protecting against the downsides of the internet.
A combination of responses, and the co-operation of all the stakeholders, at both national and international level — legislators, law enforcement, schools, child protection practitioners, parents and guardians — is essential. My Department is fully committed to playing its part in a proactive way. In terms of legislation, in the Child Trafficking and Pornography Act, 1998, Ireland has one of the most robust pieces of legislation anywhere. Under the Act, the possession, distribution, importation and exportation or sale of all forms of child pornography — films, video or material in written or auditory form including material produced or transmitted via the internet — are offences with penalties of up to 14 years' imprisonment. Mere possession of child pornography can be punishable by imprisonment for up to 5 years. Using a child or allowing a child to be used for the production of child pornography is also punishable by up to 14 years' imprisonment.
The EU Council adopted a Framework Decision on Combating the Sexual Exploitation of Children and Child Pornography on 22 December 2003. While I have indicated that the Child Trafficking and Pornography Act 1998 is a particularly robust legislative measure, this Framework Decision requires some relatively minor amendments to our legislation and these are contained in the Criminal Law (Trafficking in Persons and Sexual Offences) Bill which is at present being drafted in the Office of the Parliamentary Counsel. Among the provisions of the Bill is one that prohibits the sale of children, including through a computer system, for the purpose of the sexual or labour exploitation of a child and other provisions will prohibit the sexual grooming of children, including by means of communication through the Internet.
I am informed by the Garda Authorities that they monitor child pornography on the internet and where evidence is available action is taken in accordance with legislation. Similarly, where evidence becomes available that the internet is used for trafficking of human beings action will also be taken to apprehend those responsible. Other incidents of child pornography or trafficking in human beings coming to the attention of An Garda Síochána are fully investigated and where there is evidence to support a prosecution criminal proceedings are commenced, as directed by the Law Officers. I am further informed by the Garda Authorities that staff from the Computer Crime Investigation Unit (CCIU) in the Garda Bureau of Fraud Investigation participate in numerous fora where crime prevention advice is given to companies and members of the public on the safe use of the internet. The Unit provides support to the many operations by other national and local units in targeting paedophiles and others suspected of downloading child pornography in Ireland. Members of An Garda Síochána attached to the National Bureau of Investigation augment these units as the volume of work requires. Computer forensics are carried out by the members attached to the Domestic and Sexual Assault Unit and also by members attached to the Garda Bureau of Fraud Investigation utilising up-to-date forensic software.
On the structural side, the Government established a working Group in 1997 to examine and report on the whole question of the illegal and harmful use of the internet with particular reference to child pornography. The Report of the Working Group on the Illegal and Harmful Use of the Internet was published in July 1998. The main recommendation of the Report was for a system of self-regulation by the Internet Service Provider industry and the components of such a system were to include an Internet Advisory Board (IAB) — established Feb 2000 — to promote awareness of Internet downside issues, co-ordinate efforts to combat child pornography on the Internet and monitor the progress of self regulation by the Internet Service Provider industry; a Public Hotline for reporting child pornography (established 1999 and funded by the industry); and an industry Code of Practice and Ethics setting out the duties and responsibilities of each Internet Service Provider (agreed February 2002 and reviewed in 2004).
The Internet Advisory Board oversees and monitors progress on anti-child pornography measures, and supervises a self-regulatory regime for the Irish Internet Service Provider industry. The self-regulatory approach to Internet regulation has been adopted world-wide, and the Internet Advisory Board helps and supports the Irish Internet Service Provider industry to deliver an effective self-regulation environment, in accordance with an agreed Code of Practice and Ethics for the industry. The Irish Code of Practice and Ethics is recognised throughout Europe as a model of its type. The Internet Advisory Board's brief also extends to general downside issues on the internet, including general safety for children while on-line, the conduct of research and information campaigns. The Hotline (www.hotline.ie), funded by the Internet Service Providers’ Association of Ireland with support from the EU Safer Internet Action Plan, was launched in November 1999 and has been operating since that time. Special protocols operate between the Gardaí and the Hotline that maximise co-operation on law enforcement issues so that offences in the area of child pornography can be detected and prosecuted. The Hotline works closely with, and is a founding member of, the international INHOPE Association (www.inhope.org), a network of European hotlines which is expanding to all parts of the world. The INHOPE Association develops procedures and shares information on the best practices for the tracing and tracking of illegal child pornography. International co-operation is a vital part of the fight against pornography on the internet, and Ireland is fully committed to playing its part.
In September 2001, the Council of Europe Ministers' Deputies approved the first international Convention on Cybercrime. Ireland signed up to the Convention in June 2002. The main objective of the Convention is to foster international co-operation in protecting society against cybercrime. The Convention deals specifically with the distribution of child pornography on the internet, infringements of copyright, computer related fraud and violations of network security. On 15 September 2006, I announced that Government approval had been obtained to the drafting of the Criminal Justice (Miscellaneous Provisions) Bill. This Bill is being used to give effect to a number of international instruments including the Council of Europe Convention on Cybercrime 2001. The European Union has taken a strong line on combatting pornography on the Internet. Since 1999, under the Safer Internet Action Plan, the EU has provided financial and other supports for measures in the member states to combat illegal and harmful uses of the internet, with particular emphasis on protecting children. A new EU action plan — Safer Internet Plus — covering the period 2005 to 2008 and with a budget of €45m, was agreed under the Irish Presidency in June 2004 and is now in operation. My Department is represented at the management committee for the programme. My Department is fully committed to co-operating with and promoting these measures nationally, at EU level and the wider international level.
231 Mr. P. Breen asked the Tánaiste and Minister for Justice, Equality and Law Reform the status of an application for naturalisation for a person (details supplied) in County Clare; and if he will make a statement on the matter. [30749/06]
I refer the Deputy to my reply to Parliamentary Question No. 692 of 25 April, 2006 wherein I indicated that processing of the application for a certificate of naturalisation for the person concerned has commenced and that the file will be presented to me for a decision in the near future. This remains the position.
232 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has received correspondence from a person (details supplied) on the difficulties posed to refugees by widespread non-recognition of the Irish travel document issued to them; his views on the correspondence and in particular on the comparison made to the travel document issued by the British Government; and if he will make a statement on the matter. [30750/06]
The correspondence that the Deputy refers to has not been received and I am not aware of widespread non-recognition of the Irish travel document. Travel documents issued by my Department to persons granted refugee status are done so under the provisions of the Refugee Act 1996 which incorporates the 1951 Convention on the Status of Refugees. Such documents issued are in compliance with the agreed guidelines set out in that Convention. However, I can inform the Deputy that arrangements are in train to update, from a security perspective, the travel document issued to persons granted refugee status in the State under the Refugee Act 1996.
233 Mr. Curran asked the Tánaiste and Minister for Justice, Equality and Law Reform when a decision will be made regarding an application by a person (details supplied) in County Dublin for naturalisation in view of the fact that the person has been resident here for more than 60 months. [30751/06]
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 24 May, 2006. Applications are currently taking approximately twenty-four months to process. It is likely therefore that the case will be forwarded to me for the decision around mid 2008. I will advise both the Deputy and the person concerned when I have arrived at a decision in the case.
235 Mr. Costello asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on correspondence (details supplied); if he will meet with the author of the correspondence; and if he will make a statement on the matter. [30753/06]
236 Mr. Rabbitte asked the Tánaiste and Minister for Justice, Equality and Law Reform the steps taken on foot of correspondence received by him from a person (details supplied) in County Galway alleging that they witnessed assaults on prisoners in Store Street Garda station in 2002; and if he will make a statement on the matter. [30754/06]
I propose to take Questions Nos. 235 and 236 together.
I should inform the Deputies that I received representations from the person concerned in July and September of 2004. I referred the correspondence to the Garda authorities for their views. The Garda authorities stated that all matters raised were fully investigated and it was found that there was no evidence to support the claims made. In relation to the correspondence to which the Deputies now refer, I received new correspondence from the person concerned in the past week. I have sent it on to the Garda Commissioner for his observations and I will keep the deputies informed of any further developments. I do not see that any useful purpose would be served by meeting with the author of the correspondence at this point.
238 Mr. Costello asked the Tánaiste and Minister for Justice, Equality and Law Reform if a decision regarding the application of a person (details supplied) for naturalisation has been made; and if he will make a statement on the matter. [30757/06]
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 28 July, 2004. I understand that processing of the application has commenced and that the case file will be submitted to me for a decision in due course. I will advise the Deputy and the person in question once I have reached a decision on the application.
240 Mr. O’Connor asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will make additional resources available to Tallaght gardaí to allow them deal effectively with the vandalism and anti-social behaviour highlighted at a recent public meeting (details supplied); his views on the concern of the local community; and if he will make a statement on the matter. [30833/06]
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 An Garda Síochána increased to a record 12,762 on Friday 8 September following the attestation of 249 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,060 (or 19%) in the personnel strength of the Force during that period. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.
I have been further informed by the Garda authorities that local Garda management are satisfied that resources allocated to Tallaght Garda Station are reviewed on an on-going basis and are deployed in-line with demand and crime trends, to ensure that a quality service is provided to the local community. The total strength of Tallaght Garda Station as at 2 October, 2006 was 173 (all ranks). The total strength of Tallaght Garda Station as at 31 December, 1997 was 133 (all ranks). This represents an increase of 40 (or 30%) in the number of personnel allocated to Tallaght Garda Station since that date. The area referred to, is patrolled by uniform and plain-clothes Gardaí supplemented by Divisional Crime Task Force Units, Divisional Traffic Corps and District and Divisional Drug Units in conjunction with District Community Policing Unit and the Garda Mountain Bike Unit.
I have also been informed by the Garda authorities that uniform patrols, mobile and foot, pay particular attention to areas where youths tend to congregate including green areas, licensed venues and fast-food outlets. Garda Management state that Operation ‘Encounter' was put in place by the Commissioner in February, 2002 to target offences under the Criminal Justice (Public Order) Acts and the Intoxicating Liquor Acts. Garda authorities state that the current policing plans in the area are designed to achieve, inter alia, the prevention of anti-social and public order offences; the prevention of crime including crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of quality of life for the residents. This strategy will continue to be central to the delivery of a policing service to the area. It is the responsibility of Garda management to allocate personnel to and within Divisions on a priority basis in accordance with the requirements of different areas. These personnel allocations are determined by a number of factors including demographics, crime trends, administrative functions and other operational policing needs. Such allocations are continually monitored and reviewed along with overall policing arrangements and operational strategy. This ensures that optimum use is made of Garda resources, and that the best possible service is provided to the public.
I should add that the current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of this year. The first three groups of newly attested Gardaí under this accelerated recruitment programme came on stream in March, June and September of this year and the fourth such group will become fully attested members of the Force later this year. Further tranches of approximately 275 newly attested Gardaí will follow every 90 days thereafter until the programme is complete. 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 area referred to by the Deputy will be given the fullest consideration.
242 Mr. N. O’Keeffe asked the Tánaiste and Minister for Justice, Equality and Law Reform the position regarding a written applicant to his Department by a person (details supplied) in County Cork to extend their visa to remain here with their spouse. [30860/06]
An application for permission to remain in the State on the basis of marriage to an Irish national was received from the person in question in August 2006. An acknowledgement of receipt of the application was issued to the person concerned on 4 September 2006. Applications of this type, in fairness to all other such applicants, are dealt with in strict chronological order and currently take approximately twelve months to process. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State.
243 Mr. Howlin asked the Tánaiste and Minister for Justice, Equality and Law Reform the status of an application for permission to live and work here, by virtue of marriage to an Irish citizen and parentage of an Irish born child, of a person (details supplied) in County Wexford; and if he will make a statement on the matter. [30861/06]
Officials in my Department have recently corresponded with the person in question in order to further process her application for permission to remain in the State on the basis of marriage to an Irish national. The case is currently under active consideration. A decision will be made when all the circumstances relevant to the case have been fully considered. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State. It should be further noted that there is now no separate procedure to make an application for permission to remain in the State on the sole basis of parentage an Irish born child.
244 Mr. Howlin asked the Tánaiste and Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Wexford who has applied for permission to reside here; and if he will make a statement on the matter. [30862/06]
The person in question arrived in the State on 13 November, 1996 and applied for asylum. Her application was refused following consideration of her case by Asylum Division. The person in question was granted temporary leave to remain in the State on 10 June, 2002, and this was renewed in 2004 and 2005. Her current permission to remain in the State expired on 23 August, 2006. The person in question has submitted an application to have her permission to remain in the State renewed and I expect a decision to issue from my Department shortly.
245 Mr. Deenihan asked the Tánaiste and Minister for Justice, Equality and Law Reform the position regarding the acquisition of a site for a new Garda station at Tralee, County Kerry; and if he will make a statement on the matter. [30880/06]
There are plans to build a new Divisional Headquarters Garda station in Tralee, Co. Kerry. To this end, the Office of Public Works is currently engaged in the process of identifying a suitable site for the construction of the new station. Until the Office of Public Works have acquired a suitable site it is not possible for me to indicate a commencement date for construction. I can, however, assure the Deputy that there will be no avoidable delay in addressing the accommodation needs of the Gardaí in Tralee.
247 Mr. Gregory asked the Tánaiste and Minister for Justice, Equality and Law Reform the number and rank of the Gardaí in the drug unit based at Blanchardstown Garda Station; if there are additional drug units in the sub-stations at Cabra and Finglas; if not, if one unit is considered adequate to deal with major drug crime in all three areas; and if he will make a statement on the matter. [30883/06]
I have been informed by the Garda authorities that there is one Sergeant and eight Gardaí currently allocated to Blanchardstown Drug Unit which also covers the sub-districts of Finglas and Cabra. Enforcement of drug legislation is a matter for all members of An Garda Síochána and the District Drug Unit is supplemented by uniformed and plain-clothes units in the District and the Divisional Crime Task Force Units and Traffic Corps Units, as well as the Community Policing Unit and Mountain Bike Unit. In addition, the Garda National Drug Unit which holds the national remit for targeting networks involved in the sale and distribution of illegal drugs works with local Drugs Units, as well as other National Units, including the Criminal Assets Bureau, targeting those responsible for the sale and supply of illicit substances in local communities.
I am assured by the Garda authorities that local Garda Management closely monitors District and Divisional crime trends and continue to regularly review personnel, on the basis of policing requirements.
248 Mr. Gregory asked the Tánaiste and Minister for Justice, Equality and Law Reform further to the Birmingham Report on the Dean Lyons case, the steps he will take to meet the outstanding concerns of the families and relatives of Dean Lyons and of the murder victims of Grangegorman; and if he will make a statement on the matter. [30884/06]
I have published the findings of the Birmingham Commission of Investigation and I accept them. Nevertheless, I am willing to consider further concerns which the families may wish to express to me in writing. I will consider taking any action which is reasonably practicable and justifiable to ameliorate those concerns.
249 Mr. Gregory asked the Tánaiste and Minister for Justice, Equality and Law Reform if the Birmingham Report on the Dean Lyons case will be circulated to Houses of the Oireachtas Members. [30885/06]
The Report of the Commission of Investigation (Dean Lyons Case) is available on the website of my Department. I have made arrangements for a number of copies to be placed in the Oireachtas library.
250 Mr. Gregory asked the Tánaiste and Minister for Justice, Equality and Law Reform the findings of the cold case review of the forensic evidence arising from the Grangegorman murders; if DNA evidence will be checked against a sample from the second person to admit to these murders; and if he will make a statement on the matter. [30886/06]
The cold case review of the forensic evidence arising from the Grangegorman murders is ongoing and any matters arising will be fully investigated.
251 Ms O’Sullivan asked the Tánaiste and Minister for Justice, Equality and Law Reform when a decision will be made on an application to his Department by a person (details supplied) for a change of name licence which was submitted approximately one year ago; and if he will make a statement on the matter. [30998/06]
This application was received in my Department in November 2005. The Department subsequently requested clarification of details of the application from the person in question. Following an examination of the documentation submitted a decision has been made and the person concerned has been notified of same.
252 Ms O’Sullivan asked the Tánaiste and Minister for Justice, Equality and Law Reform when he expects a decision to be made on an application for residency to his Department by a person (details supplied) in County Limerick; and if he will make a statement on the matter. [30999/06]
An application for long term residency from the person referred to by the Deputy was received on the 12th May 2006. The position in relation to granting long term residency is as follows: persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not exempt the person from employment permit requirements. Time spent in the State on student conditions cannot be counted towards long term residency. I understand that applications received in April 2006 are currently being dealt with. As soon as a decision is made on the case, both the Deputy and the person concerned will be notified.
253 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of extra Gardaí deployed to each station throughout the Greater Dublin area (details supplied) in the past five years; if this is in accordance with the requirement in the respective stations with particular reference to enable increased patrolling, especially in areas with high crime records; and if he will make a statement on the matter. [31057/06]
The detailed information requested by the Deputy is not yet to hand. I will communicate it to him as soon as possible. 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 An Garda Síochána increased to a record 12,762 on Friday, 8 September, 2006, following the attestation of 249 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,060 (or 19%) in the personnel strength of the Force during that period. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.
It is the responsibility of Garda management to allocate personnel to and within Divisions on a priority basis in accordance with the requirements of different areas. These personnel allocations are determined by a number of factors including demographics, crime trends, administrative functions and other operational policing needs. Garda management state that such allocations are continually monitored and reviewed along with overall policing arrangements and operational strategy. This ensures that optimum use is made of Garda resources, and that the best possible service is provided to the public.
I should add that the current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of this year. The first three groups of newly attested Gardaí under this accelerated recruitment programme came on stream in March, June and September of this year and the fourth such group will become fully attested members of the Force later this year. Further tranches of approximately 275 newly attested Gardaí will follow every 90 days thereafter until the programme is complete. 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 areas referred to by the Deputy will be given the fullest consideration.
254 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if the extent of the activity of organised criminal gangs represents the sting of a dying wasp or an escalation of crime; and if he will make a statement on the matter. [31058/06]
One of the Government's top policing priorities for 2006 remains that of organised crime, including drug trafficking, and the gun culture associated with it. Tackling organised crime is achieved through the use of specialist units and targeted, intelligence-led operations. An Garda Síochána employ a range of techniques and expertise in the fight against organised crime. The establishment of specialist Garda units, operating under the Assistant Commissioner in charge of National Support Services, has enabled An Garda Síochána to tackle organised crime effectively.
The National Bureau of Criminal Investigation is the Garda specialist unit tasked with the role of tackling organised crime. It carries out this role by conducting intelligence-driven operations in close co-operation with other specialist units including the Garda National Drugs Unit, the Garda Bureau of Fraud Investigation and the Criminal Assets Bureau. 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 An Garda Síochána increased to a record 12,762 on Friday, 8 September, 2006, following the attestation of 249 new members. The increase in garda numbers which has been achieved will permit senior garda management to deploy these extra resources to target areas of concern.
In financial terms, An Garda Síochána has never been as well resourced, with the 2006 budget reaching a historic high of €1.310 billion. In particular, the 2006 overtime allocation has risen to €83.5m which represents a major increase of 36.6% over the allocation of €61.1m for 2005. This increase will allow An Garda Síochána to further intensify its crime detection and investigation capabilities. The Garda authorities are satisfied that the technology required to assist in the fight against crime is available to them. An Garda Síochána constantly evaluate all available technology with a view to determining the technology best suited to their needs. Significant resources are being invested in technology for the Gardaí to assist them in the exercise of all their functions. The capital allocation for IT in 2006 is €33.323 million. The allocation for communications is €12.9 million.
Operation Anvil commenced in the Dublin Metropolitan Region on 17 May, 2005. This is an intelligence led policing initiative, the focus of which is the targeting of active criminals and their associates involved in serious crime by preventing and disrupting this criminal activity through extensive additional overt patrolling and static check points by uniform, mobile and foot patrols supported by armed plain clothes patrols. The operation remains in place and on-going in the Dublin Metropolitan Region and has been extended nationwide in 2006.
Outside the Dublin Metropolitan Region, a series of special operations, prepared by senior Garda managers and designed to focus on areas and incidents of high crime, are also in place. Operation Anvil has been proved to be very successful in disrupting the criminal activities of a number of key criminal gangs and families and has resulted in a number of high-profile arrests and the collation of intelligence on the movements of criminals being targeted under special initiatives arising from Operation Anvil.
In addition, the Garda Commissioner, in November 2005, augmented the Organised Crime Unit at the National Bureau of Criminal Investigation with an additional 55 Gardaí to address the problem of criminal gang activity. Operations carried out by the unit have resulted in firearms being seized and a number of persons arrested, thereby disrupting their criminal activities. In terms of the Government's legislative response, it is widely acknowledged that our legislative package for tackling serious and organised crime is already one of the toughest in Europe. The recently introduced Criminal Justice Act provides a comprehensive package of further anti-crime measures which will help enhance the powers of the Gardaí in the investigation and prosecution of offences. Finally, I can assure the House that I am in regular contact with the Garda Commissioner in order to keep the measures and resources for tackling serious crime under continuing review, and to this end I will continue to ensure that every necessary resource is made available to An Garda Síochána.
255 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the amount of money laundering operations or outlets which have been identified; if investments in such are adequately tracked by way of the availability of adequate resources to the Gardaí; and if he will make a statement on the matter. [31059/06]
The motivation of most criminals and their organisations is to profit from their illicit activities. I am informed by the Garda Authorities that serious and organised criminal groups employ money-laundering techniques to facilitate the re-introduction of the proceeds of their criminal activity into circulation. As investigations into money laundering operations are often intrinsically linked with investigations into other aspects of organised crime, it is not possible to definitively state the number of operations or outlets that have been identified.
I am further informed that investigations carried out by An Garda Síochána, including by the Garda Bureau of Fraud Investigation, the Garda National Drugs Unit, the National Bureau of Criminal Investigation and the Criminal Assets Bureau, which now has officers in every Garda Division, monitor criminal activity which generates proceeds from crime, financial or otherwise, and may have attendant money laundering schemes.
I am assured that senior Garda management closely monitor and regularly review the allocation of personnel to ensure that resources are deployed in the most efficient manner possible.
256 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of incidents of gun crime detected in the past 12 months; the number of prosecutions; if bail was sought, opposed or granted in any, all or none of the cases; if bail is available to the perpetrators of such serious crimes; and if he will make a statement on the matter. [31060/06]
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 relation to this matter when it becomes available.
257 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if the Courts Service has adequate resources to process cases quickly and efficiently; and if he will make a statement on the matter. [31061/06]
As the Deputy will appreciate, the Courts Service is responsible for the day to day management of the courts and I am responsible for ensuring that the Service is adequately funded. The Estimates for 2006 include €19.6m to enable the Service to continue its ambitious nationwide programme of Courthouse renovation and refurbishment. Ten significant projects are either underway or will commence this year. Negotiations are currently underway between the Courts Service and the preferred tenderer for the new PPP Criminal Court Complex.
Since 2002, the statutory maximum number of ordinary judges of the Supreme, High, Circuit and District Courts has increased from 108 to 128, an increase of 20 judicial positions. The additional judicial resources provided have greatly strengthened the capacity of the courts system to meet the demands placed on it and I am keeping the need for further judicial resources under review. In addition, this year's estimates include €9.4m to support major IT modernisation initiatives such as the Civil Case Management System, the delivery of court services by electronic means and courtroom technology upgrades. I am confident that the level of funding provided to the Courts Service is adequate to maintain existing levels of service.
Having regard to the statutory independence of the Courts Service, the Deputy will appreciate that it is a matter for the Service to decide how the funding provided is specifically allocated. The funding provided allows the Service to implement its strategic plans and policies and I am confident that the level of funding provided is adequate, not only to maintain the existing levels of service, but also to provide for their improvement.
258 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if the number of judges at all levels is sufficient to meet current requirements; and if he will make a statement on the matter. [31062/06]
Since 2002, the statutory maximum number of ordinary judges of the Supreme, High, Circuit and District Courts has increased from 108 to 128, an increase of 20 judicial positions. The additional judicial resources provided have greatly strengthened the capacity of the courts system to meet the demands placed on it and I am keeping the need for further judicial resources under review.
259 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of prison spaces lost to the prison service through closure; the number of spaces now required; the reason it was not possible to continue with the use of the Curragh and Spike Island until such time as alternative space was provided in view of his statement to the effect that the revolving door in the prison system has been abolished, and the fact that at least two prisons have closed down; and if he will make a statement on the matter. [31063/06]
260 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of prison spaces lost to the system through the closure of the Curragh and Spike Island; the way these spaces have been made up; if this is done by way of multiple occupancy of existing cells or otherwise; if early release is now being used as a vehicle to create extra space; and if he will make a statement on the matter. [31064/06]
I propose to take Questions Nos. 259 and 260 together.
The Deputy will be aware that the closure of the Curragh and Fort Mitchel was as a result of a Government decision in November, 2003 approving a series of measures to be taken on a rolling basis with effect from 1 January, 2004 in the event of failure to reach agreement with the Prison Officers' Association on a change agenda aimed at eliminating overtime payments and reducing other costs in the Irish Prison Service. I made it quite clear at that time that the Irish Prison Service could not continue to spend public money to feed a chronic overtime culture while sustaining outdated and inefficient work practices.
These closures coincided with the opening of a new wing in Limerick Prison and an unused wing in the Midlands Prison. The opening of these spaces was facilitated by transfer of staff from the Curragh and Fort Mitchel and the new spaces compensated for the closures of the Curragh and Fort Mitchel. I can also advise that construction of new prison spaces is underway at Portlaoise Prison, Castlerea Prison, Loughan House and Shelton Abbey and an additional 25 new spaces are already available at Loughan House. The Deputy will also be aware of my plans for new prison complexes in North Dublin and Munster.
The total number of prisoners in custody on 28 September, 2006 was 3,158 compared to a bed capacity of 3,383. There is consequently no need for the widespread use of early release simply to ease overcrowding levels. This is in stark contrast to the situation which prevailed in the mid-1990's where the scandal of the "revolving door" was at its height.
261 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the most common cause for the adjournment of Court cases; the number of adjournments for such purposes in the past 12 months; and if he will make a statement on the matter. [31065/06]
As the Deputy will be aware, under the Courts Service Act, 1998, the Courts Service is independent in the performance of its functions, which include the management of the courts and the provision of statistics. Statistics on adjournments are published in the Annual Reports of the Courts Service, which are available in the Oireachtas Library. The most recent such report is in respect of the year 2005.
262 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the action which has been taken to prevent the running of crime syndicates or associated activities from within the prison system; and if he will make a statement on the matter. [31066/06]
I am aware of reports which suggest that prisoners are running criminal syndicates from inside prison cells. I can assure the Deputy that I am committed to implementing all appropriate measures to prevent the possibility of such activity and to ensure that the contact that prisoners have with the outside world is tightly controlled and monitored.
Prisoner visits in all closed prisons are carefully controlled and held in sight of prison officers. In addition, new Visiting Card arrangements are in place in almost all closed prisons whereby only persons who have been pre-approved by the Governor are permitted to visit. Telephone calls in closed prisons are monitored by prison officers and incoming and outgoing mail is subject to examination by a prison censor. In addition, there is regular contact between the Prison Service and An Garda Síochána to discuss security issues and I can advise the Deputy that Gardaí will be contacted whenever any suspected criminal offence has taken place.
One of the major challenges in prisons today lies in preventing access to contraband items, primarily mobile phones and drugs, which for obvious reasons, are viewed as highly valuable commodities which could assist in illegal activity from the prisoner cells. Efforts are made on a continuous basis to prevent the flow of such contraband into our prisons, by for example, the installation of nets over exercise yards, vigilant observation of prisoners by staff, upgraded CCTV monitoring, the use of screened visits and the use of daily prisoner and cell searches. In addition, the Prison Service are currently examining technological options for dealing with the use of mobile phones within prisons.
Random searches of cells and their occupants and searching of correspondence and other items have all intercepted significant quantities of contraband in recent years. When a person is admitted to prison custody, he or she is searched and prohibited items and money are taken. Similarly, searching takes place of prisoners returning from court, temporary release or visits. Searches of prisoners also take place where their behaviour or information received raises suspicions that they may be in possession of contraband. The new prison estates at Thornton Hall and Spike Island will also make it harder for contraband to enter the prison over the perimeter walls by means of locating recreation yards away from perimeter walls.
263 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the position in regard to the staffing and operation of the new Garda Station at Carbury, County Kildare; the intentions in respect of the former station; and if he will make a statement on the matter. [31067/06]
The information requested by the Deputy is currently being sought and will be forwarded to the Deputy in due course.
264 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the extent to which Garda strength has been improved or otherwise at the various stations throughout County Kildare; the extent to which this is an improvement on the levels of five years ago; and if he will make a statement on the matter. [31068/06]
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 An Garda Síochána increased to a record 12,762 on Friday 8 September following the attestation of 249 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,060 (or 19%) in the personnel strength of the Force during that period. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.
I have been further informed by the Garda authorities that the number of Garda personnel (all ranks) attached to each Garda Station in County Kildare as at 31 December 2001 and as at 2 October 2006 was as set out in the table hereunder:
|
Station |
2001 |
2/10/06 |
|
Naas |
76 |
90 |
|
Celbridge |
19 |
20 |
|
Clane |
6 |
7 |
|
Kill |
3 |
3 |
|
Maynooth |
14 |
15 |
|
Kildare |
29 |
30 |
|
Robertstown |
3 |
3 |
|
Kilcullen |
3 |
2 |
|
Monasterevin |
3 |
3 |
|
Newbridge |
30 |
36 |
|
Rathangan |
2 |
2 |
|
Carbury |
2 |
2 |
|
Athy |
18 |
18 |
|
Castledermot |
1 |
2 |
|
Ballytore |
1 |
1 |
|
Ballymore Eustace |
1 |
1 |
|
Leixlip |
18 |
24 |
|
Kilcock |
6 |
5 |
|
Total |
235 |
264 |
This represents an increase of 29 (or 12%) in the number of Garda personnel assigned to Garda stations in County Kildare during that period.
Garda Divisional boundaries do not always correlate with County boundaries. Garda stations in County Kildare form part of the Carlow/ Kildare Division. However, not all Garda stations within the boundary of County Kildare form part of this Division, for instance Leixlip Garda station forms part of the Dublin Metropolitan Region.
In addition, I would point out to the Deputy that the Garda resources for the Carlow/Kildare Division are further augmented by a number of Garda National Units such as the Garda National Drugs Unit, the Garda National Immigration Bureau (GNIB), the Criminal Assets Bureau (CAB) and other specialised units.
It is the responsibility of Garda management to allocate personnel to and within Divisions on a priority basis in accordance with the requirements of different areas. These personnel allocations are determined by a number of factors including demographics, crime trends, administrative functions and other operational policing needs. Such allocations are continually monitored and reviewed along with overall policing arrangements and operational strategy. This ensures that optimum use is made of Garda resources, and that the best possible service is provided to the public.
I should add that the current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of this year. The first three groups of newly attested Gardaí under this accelerated recruitment programme came on stream in March, June and September of this year and the fourth such group will become fully attested members of the Force later this year. Further tranches of approximately 275 newly attested Gardaí will follow every 90 days thereafter until the programme is complete. 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 County Kildare will be given the fullest consideration.
265 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he is satisfied that Garda strength and technology is adequate to meet the challenges of modern criminal activities; and if he will make a statement on the matter. [31069/06]
With the huge increase in investment in Garda resources under this Government, I am satisfied that Garda strength and technology is adequate to meet the challenges of modern society. 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 An Garda Síochána increased to a record 12,762 on Friday, 8 September, 2006, following the attestation of 249 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,060 (or 19%) during that period. The Garda Budget now stands at €1.3 billion, a 13% increase on 2005 and an 85% increase since 1997 in real terms.
In particular, the 2006 overtime allocation has risen to €83.5m which represents an increase of 36.6% over the allocation of €61.1m for 2005. This substantial increase in the overtime budget reflects in particular the continued implementation of Operation Anvil. An Garda Síochána's general budgetary policy is aimed at securing increased efficiencies in the deployment of Garda resources and the increase in the overtime allocation assists with that.
I want to see Gardaí provided with all necessary equipment up to best international practice. I am providing and will continue to provide the necessary resources for this to happen. In relation to protective equipment generally, I am of the view that in facing the dangers that they do on our streets, members of the Force need protective and defensive equipment commensurate with that risk. In that regard, I wish to inform the Deputy that in relation to "Body Armour", the Garda Síochána, has issued Requests for Tender (RFTs) for the supply and delivery of 12,500 Anti Stab/Ballistic Vests and 3,000 Retractable Batons. There is also a provision in these RFTs to purchase a further 4,700 vests and a further 12,000 Batons, if required, over the duration of the contract. Contracts are due to be signed in the very near future for the supply of these items and it is expected that the delivery will commence shortly thereafter.
An Garda Síochána constantly evaluate all available technology with a view to determining the technology best suited to their needs. Significant resources are being invested in technology for the Gardaí to assist them in the exercise of all their functions. The capital allocation for IT in 2006 is €33.323 million representing an increase of €5.065 million (18%) on the 2005 outturn. One aspect of technology I am particularly committed to is the delivery of a state-of-the-art digital radio service for An Garda Síochána. To this end, the procurement of an outsourced Managed Service by the Department of Finance on behalf of An Garda Síochána, other blue light services and some non-commercial public bodies, is well underway. 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. The total allocation for communications for 2006 is €12.9 million.
I should add that the current recruitment drive to increase the strength of the Garda Síochána to 14,000 members, in line with the commitment in the Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of this year. The first three groups of newly attested Gardaí under this accelerated recruitment programme came on stream in March, June and September of this year and the fourth such group will become fully attested members of the Force later this year. Further tranches of approximately 275 newly attested Gardaí will follow every 90 days thereafter until the programme is complete. I have made the necessary regulations providing for the establishment of a Garda Reserve and recruitment and training of Reserve Members is underway.
I am continuing to strengthen the civilian support available to An Garda Síochána. The Human Resources Division for civilian staff in An Garda Síochána has now been established and when fully operational will have a staffing complement of 37 civilians who will carry out recruitment, training, discipline, industrial relations and general HR administrative functions for the 1,900 clerical, administrative, professional, technical and industrial civilians now working with An Garda Síochána. The Division will also play a key strategic role in driving forward the wider Civilianisation Programme. The Director and a number of staff have now commenced duty, and recruitment of the remaining staff is underway. In addition, the Garda Information Service Centre (GISC) in Castlebar, is now almost fully operational with some 150 civilian staff. The GISC allows Gardaí who would otherwise have to return to their Stations to input data on the PULSE system, to log the information with the GISC, while remaining on the beat. This frees up very significant amounts of Garda time for continued operational duty. This unprecedented investment in resources by this Government to An Garda Síochana, provides a firm platform to take on the challenges of policing in a modern diverse society.
266 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of prisoners granted early release without having served their full sentences in each of the past five years; and if he will make a statement on the matter. [31070/06]
The precise information requested by the Deputy is not readily available. The compilation of these statistics would require a disproportionate and inordinate amount of staff time and effort to prepare and could not be justified in current circumstances where there are other significant demands on resources.
Typically the temporary releases would be of short duration when the prisoner is close to completion of sentence. From time to time, consideration may be given to a somewhat longer period of release for the purposes of residential addiction counselling or for other constructive programmes, for example work training. In these cases, the aim is to reduce the risk of reoffending. Temporary release, which is always conditional on the prisoner's good behaviour, is recognised as being a useful instrument in preparing a prisoner for reintegration with society.
As a result of the additional prison spaces provided over the last number of years, the Prison Service is now in a position to accommodate almost all those sentenced by the Courts for the full duration of their sentences. The overall percentage of sentenced prisoners on temporary release has been reduced from a figure of 20% in December, 1996 to a current figure of about 4.7% of the total prison population. To illustrate the scale of the problem, I can inform the House that the actual number of prisoners on temporary release on 9 December, 1996 stood at 552, compared with a current figure of 156 persons.
Prisoners are not granted early release as a matter of course and I must stress that the overriding concern in considering applications for temporary release from prisoners is the safety of the public. It is also important to note that all releases are subject to conditions, which in the vast majority of cases include a requirement to report on a regular basis to his/her local Garda station, and that any offender who breaks these conditions may be arrested and returned immediately to prison by the Gardaí.
267 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he is satisfied regarding the numbers, technology and resources available to the Gardaí to combat drug crime; and if he will make a statement on the matter. [31071/06]
I refer the Deputy to my reply to his question today (reference number 31069/06) in relation to numbers, technology and resources generally available to An Garda Síochána. Specifically in relation to combating drug crime, I may add that the National Drugs Strategy 2001-2008 specifies a number of supply reduction targets for An Garda Síochána in terms of all drug seizures and the Gardaí continue to achieve considerable successes in relation to these targets.
National Units, such as the Garda National Drugs Unit, the Criminal Assets Bureau and the Garda Bureau of Fraud Investigation all have specific roles in reducing drug supply and the material benefits which accrue from drug trafficking. All of these units operate under the direction of an Assistant Commissioner, National Support Services. These strategies continue to result in operational successes as evidenced by the ongoing levels of drugs seized by the Gardaí. The trafficking and distribution of all illicit drugs at local, national and international levels is constantly monitored by the Gardaí.
Local divisional drug units operate in divisions throughout the country with their primary focus being local dealers and users. Garda National Drugs Unit personnel provide assistance and expertise to these local units in operational, intelligence and training matters. The Garda National Drugs Unit, in conjunction with other Garda units, continues to undertake "targeted specific" operations against the larger illegal drug importation and distribution operations.
Regarding resources, the Garda National Drug Unit works closely with Divisional and District Drug Units in detecting and preventing the sale and supply of illegal drugs. Where necessary, these resources can be supplemented by Garda personnel operating at local level. The needs of drug units are and will be kept under ongoing review, including in the context of distributing the additional resources being made available arising from the Government's decision to increase the strength of An Garda Síochána to 14,000.
The Government's top policing priority for 2006 is to continue to target organised crime, including drug trafficking. The trafficking and distribution of all illicit drugs, at local, national and international levels will continue to be vigilantly monitored by the Gardaí. I am determined to ensure that An Garda Síochána is appropriately resourced to advance its objectives in this regard.
268 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the action he proposes to take to address the issue of speeding fines imposed and paid in respect of offences in the vicinity of Newtownmountkennedy in contrast with those whose fines were struck out in court on legal grounds; if it is intended to make restitution to the former; and if he will make a statement on the matter. [31078/06]
I am informed by the Garda authorities that legislation providing for the issue of fixed charge notices requires that motorists detected for committing certain offences be issued with a fixed charge notice. The notice sets out the amount of the fixed charge and the penalty points applicable to the offence. The person has the option to pay the fixed charge and, as part of the payment process, completes a declaration that he or she is aware of the contents of the notice. The decision whether to pay a fixed charge rests with the recipient. The legislation also provides that in the event that the individual fails to pay the fixed charge within the prescribed time frame a prosecution can be initiated. Once a prosecution is initiated it is then a matter for the court to determine the guilt or otherwise of the person based on the evidence presented. As in all cases the decision of the District Court may be appealed.
I am also informed that An Garda Síochána is satisfied that the Bye-Laws enacted by Wicklow County Council for the Newtownmountkennedy area have been in order at all times and no further action is required in respect of cases where a fixed charge payment was made for exceeding the relevant speed limits. I am also informed that following a decision at Bray District Court on 16 June 2006 an application to bring a case stated has been made.
269 Ms O. Mitchell asked the Minister for Finance the location of a suitable premises for the new Dundrum Garda Station; when it is expected to be operational; and if he will make a statement on the matter. [30456/06]
Negotiations between the Commissioners of Public Works and a local developer have been unsuccessful. Other options are under consideration by the Commissioners in consultation with the Department of justice, Equality and Law Reform and the Garda authorities.
270 Mr. G. Murphy asked the Minister for Finance the assistance available for a person (details supplied); and if he will make a statement on the matter. [30516/06]
I am advised by the Revenue Commissioners that Revenue Job Assist allows employers a double wages deduction in their accounts, if they employ a person who has been unemployed for 12 months or more.
The double wages deduction may last for 3 years and applies to:
Wages paid to a qualifying employee in a qualifying employment and
Employer's PRSI contributions paid in respect of such wages.
The deduction is not due if either the employer or the employee has benefited or is benefiting for any other employment scheme in respect of the job.
Full details in relation to qualifying employments and qualifying employees are set out in Leaflet IT59 available on the Revenue website www.revenue.ie.
Employees will also benefit from additional tax allowances, full details are available on Leaflet IT58, also available on the website.
271 Mr. Ferris asked the Minister for Finance the status of the proposed new Garda station in Castleisland; and if he will make a statement on the matter. [30756/06]
272 Mr. Deenihan asked the Minister for Finance the position regarding the erection of a Garda area headquarters at Castleisland, County Kerry; and if he will make a statement on the matter. [30881/06]
I propose to take Questions Nos. 271 and 272 together.
It is expected that a Sketch Scheme for the new Garda Area Headquarters at Castleisland will be ready by the end of the year for the approval of the Department of Justice, Equality and Law Reform and the Garda authorities. On approval of the Sketch Scheme a Part 9 planning application will be made in early 2007.
273 Mr. P. Breen asked the Minister for Finance when his Department will make a final decision regarding a waiver of the State’s interest for a person (details supplied) in County Clare; and if he will make a statement on the matter. [30446/06]
The Commissioners of Public Works have requested the Chief State Solicitor's Office to seek further information from the applicant's solicitors. On receipt of this information the request for a waiver will be dealt with.
274 Mr. F. McGrath asked the Minister for Finance if he will abolish stamp duty for first time buyers; and if he will investigate further tax relief for young couples trying to buy a house. [30447/06]
I have no proposals to abolish stamp duty on houses bought by first-time buyers. There are already significant reliefs in the stamp duty and income tax code for first-time buyers which put them in an advantageous position compared to other house buyers.
275 Mr. Howlin asked the Minister for Finance if a site for the new Garda divisional headquarters at Wexford has been acquired; the location of the site; if ownership has been transferred to the Office of Public Works; the amount paid for the site; if all services are available on the site; when construction will begin on this facility; and if he will make a statement on the matter. [30472/06]
The Commissioners of Public Works expect to finalise the acquisition of a site at Rocksborough for Wexford Garda station before the end of October 2006. Until their transaction has been concluded it would be inappropriate to disclose the purchase price. All services will be available on the site.
Following receipt of a brief of requirements from the Garda Síochána, appointment of a full design team which may involve an E.U. competition, approval to a Sketch Scheme, Part 9 planning process and tender competition for construction, work should commence on site at the end of 2007/beginning of 2008.
276 Mr. G. Mitchell asked the Minister for Finance when a rebate of tax will be issued to a person (details supplied) in Dublin 12; and if he will make a statement on the matter. [30518/06]
I am advised by the Revenue Commissioners that the benefit received by the person came from an estate in England. The solicitor acting on her behalf did not have a PPS Number for the deceased and had to apply to the Client Identity Service of the Department of Social Community and Family Affairs for a PPS number.
Because of the delay in obtaining a PPS number and due to an oversight the refund application was not processed in January 2006. A refund will issue to the person's solicitor on 2 October 2006. The refund will include an amount in respect of interest which is due to late payment.
277 Mr. Wall asked the Minister for Finance if a person (details supplied) in County Kildare is due a tax rebate; and if he will make a statement on the matter. [30728/06]
I have been advised by the Revenue Commissioners that further information is required in this case and that the taxpayer has agreed to forward the necessary documentation concerning the deduction of tax from his retirement monies. On receipt of same, any repayment due to him will be processed without delay.
278 Mr. Haughey asked the Minister for Finance if a person (details supplied) in Dublin 5 is liable for income tax; and if he will make a statement on the matter. [30729/06]
I understand that in this case no tax is due for 2005 and the tax already paid will be refunded.
For 2006, I am told that it is likely that no tax will be due, given their income and the tax credits to which they are entitled. A certificate of tax credits and standard rate cut off point issued to the person's employer on 7 March showing the correct tax credits due.
During 2007 the couple will be entitled to the appropriate exemption for married couples over the age of 65, which is currently €34,000, and are unlikely to pay any tax based on current information.
279 Mr. Wall asked the Minister for Finance if a person (details supplied) in County Kildare is due a tax rebate; and if he will make a statement on the matter. [30730/06]
I have been advised by the Revenue Commissioners that the taxpayer's claim to repayment of tax has been processed and notification of refund arising has issued to him dated 2 October 2006. A cheque for the overpayment will issue in the coming days.
280 Mr. Wall asked the Minister for Finance the position of an application for vehicle registration tax certification for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [30731/06]
I understand that the person concerned applied for the tax concessions under the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme and that the application has been unsuccessful at first instance and on appeal to the Medical Board of Appeal for the Scheme.
I have no direct responsibility for the day-to-day operation of the Medical Board of Appeal for the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme. Queries regarding individual cases may be addressed to the Secretary of the Disabled Drivers Medical Board of Appeal, c/o the National Rehabilitation Hospital, Dun Laoghaire, County Dublin or alternatively by telephone at 01 2355279.
As the Deputy is aware, the Disabled Drivers Medical Board of Appeal, which determines appeals from a refusal of a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme, is independent in the execution of its functions.
In relation to extending the scope of the Scheme, the operation of the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme was reviewed by a special Interdepartmental Review Group. The terms of reference of the Group were to examine the operation of the existing scheme, including the difficulties experienced by the various groups and individuals involved with it, and to consider the feasibility of alternative schemes, with a view to assisting the Minister for Finance in determining the future direction of the scheme.
The Group's Report, published on my Department's website in July 2004, sets out in detail the genesis and development of the scheme. It examines the current benefits, the qualifying medical criteria, the Exchequer costs, relationship with other schemes and similar schemes in other countries. The Report also makes a number of recommendations, both immediate and long term, encompassing the operation of the appeals process and options for the possible future development of the scheme. The short-term recommendations in respect of the appeals process have been implemented. The main change arising from these was that an increased number of members could be appointed to the Appeal Board, which facilitated a far greater number of appeal hearings than had been the case prior to the Report's publication.
In respect of the long-term recommendations, including the qualifying disability criteria, given the scale and scope of the scheme, further changes can only be made after careful consideration. For this reason, the Government decided that the Minister for Finance would consider the recommendations contained in the Report of the Interdepartmental Review Group in the context of the annual budgetary process having regard to the existing and prospective cost of the scheme. This consideration is undertaken on a regular basis.
281 Ms Burton asked the Minister for Finance if he will report on measures being taken by the Revenue Commissioners to prevent retired persons exploiting a loophole in the SSIA pension incentive scheme and investing €7,500 in an approved pension scheme, claiming the €2,500 bonus and removing the €10,000 immediately; the way in which Revenue plans to monitor the pension incentive; and if he will make a statement on the matter. [30732/06]
Let me make it quite clear, I have not imposed any new age restrictions in relation to this product. There is no bar on retired persons availing of the scheme within normal pension rules.
However, some publicity has been given recently to the possibility that SSIA holders who are already retired might transfer matured SSIA funds into a savings product, claim the Pensions Incentive Tax Credit and withdraw the topped-up amount immediately.
This is not the purpose for which the incentive was introduced. Accordingly, I announced in a press release on 29 September last that I will introduce legislation at the earliest appropriate opportunity to ensure that, with effect from 29 September 2006, individuals who avail of the Pension Incentive Tax Credit only to withdraw the funds immediately or within 1 year will not get the benefit of the incentive.
282 Ms Burton asked the Minister for Finance the steps which are being taken to inform the public, and in particular small import and export businesses, of the new EU rules relating to cross border payments through the international banking system; and if he will make a statement on the matter. [30733/06]
I presume that the Deputy's question arises from the EU's proposal for a Regulation of the European Parliament and of the Council on information on the payer accompanying transfers of funds. This proposal has not yet been adopted by the European institutions, but when it is, it will have direct application in all Member States. It is likely to come into effect in January 2007 at the earliest.
The proposed Regulation is considered to be essential to detecting terrorist financing, money laundering and other criminal activity. The Regulation would require international money transfers to be accompanied by the identity of the sender including the name, address and account number. A less detailed regime is required within the EU. The objective is to have this information available to law enforcement authorities and hence assist them in detecting, investigating and prosecuting terrorists and other criminals and tracing their assets. This proposal is part of the EU Plan of Action to Combat Terrorism. My Department will issue further information when this Regulation comes into effect.
In anticipation of the implementation of the Regulation, I understand that banks have already informed their customers of the new requirements and of the necessity to include details of their International Bank Account Number (IBAN) the associated Bank Identifier Code (BIC) when transferring funds. Banks are obliged to state their customer's IBAN and BIC on their account statements since 1 July 2003. The Irish Payment Services Organisation (IPSO) has also been giving publicity to this measure on its website at www.ipso.ie.
283 Ms Burton asked the Minister for Finance the number of properties which have been purchased for the intended use of housing asylum seekers; the cost of purchasing these properties; the number of these properties which have not been used to date to house asylum seekers; the cost to date of maintaining and securing each of these vacant properties; and if he will make a statement on the matter. [30735/06]
The Reception and Integration Agency of the Department of Justice, Equality and Law Reform is responsible for the accommodation of asylum seekers. The Commissioners of Public Works acting on behalf of the Agency has purchased the following properties for the purpose of accommodating asylum seekers.
|
Property |
Purchase Price |
Up-to-Date Position |
|
€ |
||
|
Park Lodge Hotel, Killarney. |
2,324,890.00 |
In Use |
|
Atlas House, Tralee. |
2,406,471.00 |
In Use |
|
Atlas House, Killarney. |
2,129,350.00 |
In Use |
|
Cork Airport Hotel, Kinsale Road, Cork. |
4,221,879.00 |
In Use |
|
Johnston Marina Hotel, Tralee. |
3,285,447.00 |
In Use |
|
Parnell West Hotel, Parnell Street, Dublin 1. |
3,725,729,.00 |
In Use up to Oct. 2005 — sold Aug. 2006 |
|
Broc House, Donnybrook, Dublin 4. |
9,205,601.00 |
Transferred to Affordable Homes Partnership — Sept. ’06 |
|
Lynch’s Lodge, Macroom. |
3,549,711.00 |
Sold December 2005 |
|
Devereaux Hotel & Bungalow, Rosslare Harbour. |
2,745,808.00 |
Sold — July 2003 |
|
Ionad Folláin, Myshall, Co. Carlow. |
1,333,225.00 |
Transferred to Minister for Health & Children in August 2002 |
|
Property |
Costs incurred on unoccupied properties (prior to disposal/transfer) |
|
€ |
|
|
* Broc House, Donnybrook, Dublin 4. |
763,482.64 |
|
* Lynch’s Lodge, Macroom. |
908,728.65 |
|
* Devereaux Hotel & Bungalow, Rosslare Harbour. |
269,037.34 |
|
*Ionad Folláin, Myshall, Co. Carlow. |
176,509.98 |
The properties marked * were not used to accommodate asylum seekers and the up-to-date position together with total costs incurred is as stated.
284 Mr. Connolly asked the Minister for Finance his proposals to reduce the incidence of tax avoidance in view of more than 25 of the highest earners having had no tax liability; and if he will make a statement on the matter. [30803/06]
I have already acted in a systematic, detailed and radical manner to deal with the issue of inequitable use of tax incentives and allowances by a proportion of higher earners. I would refer the Deputy to Budget and Finance Act 2006. In these, I announced and introduced significant changes which mean that the potential for individuals to reduce their net liability for tax by using tax reliefs will be curtailed.
In particular, a restriction has been placed on the use of specified tax reliefs by high income tax payers. The restriction will come into effect from 1 January 2007. The list of specified reliefs includes various property based tax incentives and certain other reliefs such as the Business Expansion Scheme, film relief and donations. Also to be restricted are certain tax exemptions including artistic income, stallion fees, and patent royalties.
However, it should be pointed out that individuals will still be fully entitled to claim for normal business expenses and deductions for capital allowances on plant and machinery, genuine business related trading losses and losses from a rental business without restriction. In addition, they may also continue to claim without restriction the normal deductible items such as medical expenses, trade union subscriptions, the personal tax credits and exemptions such as that for child benefit.
Moreover, following on fundamental reviews which I have had carried out of around two dozen specific tax incentives, I have already provided that a range of existing property based tax schemes are to be phased out, subject to transitional measures the effect of which will be that no relief will be available for expenditure arising after end-July 2008. I have left in place some incentives which are justified having regard to benefits they can provide.
I should say that in any event, it is not clear where the Deputy has sourced the statistic that more than 25 of the highest earners have no tax liability. The latest figures available in relation to the tax year 2003, as included with my reply to Parliamentary Question Reference No. 29483/06 on 27 September, indicate that nobody in the PAYE sector with gross income of €500,000 or over had a nil net liability for income tax. However, 19 self employed individuals with gross income of €500,000 had a nil net liability for income tax. Persons in the self-employed category may include a broad range of individuals, for example shop owners, tradespersons and farmers as well as those in pursuit of various professions such as dentists, doctors, solicitors etc.
I am sure the Deputy will appreciate, however, that there are many reasons why a self employed person may have a nil net liability for tax.
Gross income is income before adjustments are made for items such as capital allowances, interest paid, losses and allowable expenses, including normal business expenses and depreciation on plant and machinery. For example, capital equipment purchased by a dentist in establishing a practice or farm machinery, such as a tractor, purchased by a farmer are allowable as deductions against gross income at a rate of 12.5% of the capital cost per annum for eight years. Gross income must be distinguished from taxable income which is income after adjustments for deductions of the type described, including normal business expenses.
285 Mr. Ring asked the Minister for Finance the changes made in the claiming of special tuition charges for dyslexic children by way of a medical expense against income tax liability; the reason these changes were made; the reason parents can no longer claim tax relief on these tuition charges for dyslexic children in view of the fact that this was allowed previously; if there is a way that these costs can be treated as a legitimate medical expenses eligible for tax relief; and if he will make a statement on the matter. [30856/06]
The position is that expenses in respect of tuition for children with dyslexia do not qualify for health expenses tax relief and have never qualified for the relief since it was first introduced in 1967.
I understand from the Revenue Commissioners, who deal with such claims, that individuals may have been under the impression that tuition for children with dyslexia was allowable under the heading of health expenses relief. I also understand that the Revenue Commissioners have written to the Dyslexia Association to clarify the matter.
I have no plans to extend the relief but the matter, like any other, can be raised by the Deputy at Finance Bill time.
286 Mr. Connolly asked the Minister for Finance the spending constraints within which the 2007 Estimates are being formulated; and if he will make a statement on the matter. [31046/06]
In the 2006 Budget and Stability Programme Update, I set out the Government's overall macroeconomic policy strategy for the medium term, including existing level of service gross expenditure projections for the period 2006 to 2008. These form the basis on which the Government will formulate the 2007 Estimates, taking due account of developments in the overall economy; the need to provide for the Towards 2016 Partnership Agreement and for other social priorities; and the continuing need to maintain the country's public finances within sound and sustainable parameters.
287 Mr. Connolly asked the Minister for Finance the criteria for persons with disabilities for seeking employment opportunities within his Department; the application procedures that apply; and if he will make a statement on the matter. [31047/06]
288 Mr. Connolly asked the Minister for Finance the number and percentage of disabled persons currently employed in his Department; and if he will make a statement on the matter. [31048/06]
I propose to take Questions Nos. 287 and 288 together.
The Department of Finance, in common with all other civil service Departments and Offices, fully implements the Government's policy on the employment of people with a disability.
The Deputy may wish to note that, as part of a review of policy on the employment of people with a disability in the civil service, my Department commissioned independent research in relation to the operation of the 3% employment target. A survey carried out as part of this research which was published as "Employment and Career Progression of people with a disability in the Irish Civil Service," shows that 7% of Civil Service staff have a disability compared with the 2 to 3% generally reported in the annual surveys. The consultants therefore concluded that the arrangements in relation to reporting disabilities needed to be addressed.
In the light of the consultants' recommendations, the Government approved proposals to improve the operation of the existing policy. These included [a] the development, in conjunction with the staff unions, of a new code of practice for all Departments to support staff with a disability and [b] ensuring that the civil service continues to provide employment opportunities which might not otherwise exist for people with a disability.
A number of significant initiatives have been taken recently. The Department of Finance has recruited a Disability Advisory Officer to develop guidelines in consultation with the Chief Medical Officer for the monitoring, reporting and recording arrangements for staff with a disability in the Civil Service. My Department is working with the National Disability Authority to explore potential new approaches to supporting staff with disabilities, including the possible use of a survey based on voluntary self-disclosure, both for new staff on appointment and for existing staff. A Disability Liaison Officers network involving all Departments has also been set up to share information and advice. It is also important that the Civil Service continues to offer employment opportunities to people with disabilities.
In relation to recruitment, a new approach to the recruitment and placement of people with a disability into the Civil Service is being adopted, which will include special competitions or sub-panels being held from time to time with the aim of ensuring that 3% of all recruits to the Civil Service are people with a disability. Recruitment competitions run by the Public Appointments Service (PAS) are open to all, including people with disabilities, subject to their meeting the eligibility requirements of the competition in question. Application forms invite applicants to indicate if they have special requirements when undergoing the selection process and the PAS makes every effort to facilitate these requests.
In relation to employment in the Department of Finance, my Department is participating in the WAM (Willing Able Mentoring) Project, which is a work experience placement and administered by the Association of Higher Education Access and Disability (AHEAD) which aims to place graduates with disabilities with employers in the public and private sectors.
289 Mr. Connolly asked the Minister for Health and Children the plans she has for legislation requiring all retail outlets for meat products to clearly label their products with country of origin of the products in the interests of traceability and public health; and if she will make a statement on the matter. [30495/06]
EU food labelling legislation is harmonised by Council Directive 2000/13/EC, as amended. That directive, as amended, has been transposed into national legislation by the European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations 2002 to 2005. These regulations apply to the labelling of pre-packaged foodstuffs for sale to the ultimate consumer, or for supply to mass caterers, and are based on the principle that food labelling should not mislead consumers.
Labelling rules are designed to inform consumers so that they can make informed choices. Currently, origin labelling is not required for pre-packaged food unless its absence misleads the consumer. Thus, for example, where other particulars such as a flag or a map other than that of the country of origin are displayed on a label, the true country of origin must be clearly declared to ensure that the consumer is not misled as to the true origin or provenance of the food.
The European Commission is currently reviewing the horizontal labelling legislation in order to recast and modernise its provisions. My Department has responded to this consultation, suggesting, inter alia, that consideration should be given to the extension of food labelling legislation to provide for a clear indication of the country of origin for all meat and of products made substantially from meat. A legislative proposal from the Commission is awaited and the Deputy will appreciate that as food labelling legislation is harmonised across the Member States, Ireland cannot pre-empt the outcome of the Commission's ongoing review.
290 Mr. Stanton asked the Minister for Health and Children the number of new childcare places for school-going children which became available under the equal opportunities childcare programme initiative to develop school-age childcare; and if she will make a statement on the matter. [30682/06]
The seven year Equal Opportunities Childcare Programme (EOCP) 2000-2006, which is implemented by the Office of the Minister for Children, has an equal opportunities and social inclusion perspective and facilitates the further development and expansion of childcare facilities to address the needs of parents, in reconciling their childcare needs with their participation in employment, education and training.
With regard to specific provision under the EOCP for school age childcare, to date 191 capital and staffing grants which included after school childcare have been approved, to a total value of some €18.5 million. It is anticipated that, when fully drawn down, these grants will lead to the creation of 2,170 new childcare places and support or enhance 2,286 existing places.
291 Mr. Connaughton asked the Minister for Health and Children if a person (details supplied) in County Galway is entitled to a refund of €8,900 from the widows and orphans scheme which was stopped from their lump sum on retirement; and if she will make a statement on the matter. [30773/06]
The Deputy's question relates to the superannuation benefits for employees of the Health Service Executive, which are the responsibility of the Health Service Executive. 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.
292 Mr. Perry asked the Minister for Health and Children if she will ensure that a person (details supplied) in County Sligo is called for an MRI and treatment in Beaumont Hospital; and if she will make a statement on the matter. [30449/06]
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.
293 Dr. Cowley asked the Minister for Health and Children if her Department intends to establish a full time palliative care unit at Mayo General Hospital; her views on whether the appointment of a palliative care consultant specialist is imminent; and if she will make a statement on the matter. [30450/06]
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.
294 Dr. Cowley asked the Minister for Health and Children further to the fact that three major Government reports on cancer care published since 2000 have all recommended a fully fledged palliative care unit at Mayo General Hospital, when same will happen; and if she will make a statement on the matter. [30451/06]
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.
295 Mr. McGuinness asked the Minister for Health and Children further to a previous parliamentary question, if she will reconsider the decision on the case of a person (details supplied) in County Kilkenny relative to their application form for a medical card which was refused; if the inpatient charges issued by the department of psychiatry to this patient will be withdrawn and dealt with in the context of their medical card application; and if she will expedite a response. [30452/06]
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.
296 Dr. Cowley asked the Minister for Health and Children if it is appropriate that community welfare officers refer patients to the psychiatric hospitals or services who have no qualifications in that area; her views on whether this referral should be carried out by suitably qualified personnel; and if she will make a statement on the matter. [30453/06]
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.
297 Mr. Healy asked the Minister for Health and Children when the long requested emergency ambulance service will be provided in the town of Carrick-on-Suir. [30454/06]
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.
298 Mr. O’Connor asked the Minister for Health and Children if she will confirm plans to provide significant funding to the childhood development initiative (details supplied); and if she will make a statement on the matter. [30455/06]
The Prevention and Early Intervention Programme for Children was established by Government to support and promote better outcomes for children in disadvantaged areas, through more innovation, effective planning, integration and delivery of services. The purpose of the programme is to support the development of plans for children at local level drawn up by the statutory and relevant non-statutory agencies operating in the areas concerned. The Programme will provide for the introduction and evaluation of a range of integrated interventions for children and their families and test if they make a positive difference to children. The focus of the programme is on supporting proposals for interventions, which fit with national policy objectives, have been developed in conjunction with the local community, are based on clear evidence of local need and which are informed by evidence of ‘what works'. Learning and evaluation are important components of the programme and individual services, area projects and the overall programme will be subject to ongoing and robust review and evaluation. The programme will run for an initial three-year period and will have a fund amounting to €36 million in total, half of which will be provided by Government and half by The Atlantic Philanthropies.
The Government agreed that the best use of this funding was to focus initially on a small number of projects in severely disadvantaged communities. Three areas are being targeted during this period, subject to assessment of plans submitted. These have been identified as areas of severe disadvantage with a strong community commitment to improving outcomes for children. Research and planning on prevention and early intervention measures sponsored by Atlantic Philanthropies, has been undertaken over the last two years in these areas and they are now in an excellent position to test new models of service delivery. If these models prove successful, the results of these projects may provide the basis for enhanced resource allocation processes and policy changes.
My Office recently invited three projects to submit the details of their projects for consideration for funding under the Programme, one of which was the Childhood Development Initiative in Tallaght West. These project proposals are currently being examined and my officials will be meeting with the projects in the next week to discuss the submissions. The plans will then be assessed by an International Expert Panel against criteria agreed between Government and Atlantic Philanthropies. The allocation of the funding will follow this extensive evaluation. Assuming the applications are successful, it is expected that some funding will be drawn down before year end.
299 Mr. McGuinness asked the Minister for Health and Children if an allowance will awarded in the case of a person (details supplied) in County Carlow. [30474/06]
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.
300 Ms McManus asked the Minister for Health and Children the number of general practitioner cards issued to date at the latest date for which figures are available on a county basis; and if she will make a statement on the matter. [30500/06]
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 (HSE) under the Health Act 2004. Accordingly, my Department requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to reply directly to the Deputy. I am informed the HSE has issued the information requested in the question to the Deputy.
301 Ms McManus asked the Minister for Health and Children the number of medical cards issued for the latest date for which figures are available. [30501/06]
Most recent figures supplied to my Department by the Health Service Executive show 1,204,390 medical cards issued as at 1st September, 2006.
302 Ms McManus asked the Minister for Health and Children the number of medical cards issued on a county by county basis, in respect of the dates Jan 1997, June 2002, Jan 2003, Jan 2004, Jan 2005, Jan 2006 and the latest date for which figures are available. [30502/06]
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.
303 Mr. Connolly asked the Minister for Health and Children the reason that physiotherapy services are being terminated at Our Lady Lourdes Hospital, Drogheda; and if she will make a statement on the matter. [30503/06]
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.
304 Mr. Connolly asked the Minister for Health and Children the number of patients treated in 2005 under the National Treatment Purchase Fund; the number of persons from Counties Cavan and Monaghan respectively who were treated under the scheme; and if she will make a statement on the matter. [30504/06]
As the Deputy's question relates to the operation of the National Treatment Purchase Fund (NTPF) my Department has asked the Chief Executive of the NTPF to reply directly to the Deputy in relation to the information requested.
305 Mr. Wall asked the Minister for Health and Children the position regarding a new applicant seeking home help hours; if there is any impediment to a new applicant seeking such hours; and if she will make a statement on the matter. [30505/06]
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.
306 Mr. Durkan asked the Minister for Health and Children when speech and language therapy will be offered to a person (details supplied) in County Kildare who is on the waiting list for assessment since 2004; and if she will make a statement on the matter. [30519/06]
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.
307 Dr. Cowley asked the Minister for Health and Children if she will ensure that Huntington’s Disease sufferers are included in long-term illness schemes; her views on whether this is a justifiable treatment of people; and if she will make a statement on the matter. [30564/06]
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 (LTI). The LTI does not cover GP fees or hospital co-payments. The conditions are: 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. There are currently no plans to extend the list of eligible conditions.
Products which are necessary for the management of the specified illness are available to LTI 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 a range of measures including the household income guidelines, particular circumstances and the medical costs incurred by an individual or a family. In addition people over the age of 70 years have an automatic entitlement to a medical card regardless of income. Application should be made to the local area office of the HSE.
In November 2004, I introduced a new graduated benefit — the GP Visit Card to extend free GP care and treatment to individuals and families on moderate incomes.
In June last year, I simplified the means test for both medical and GP visit cards. It is now based on an applicant's and spouse's income after income tax and PRSI, and takes account of reasonable expenses incurred in respect of rent or mortgage payments, childcare and travel to work. In 2005 the income guidelines for medical cards were increased by a cumulative 29 per cent. The income assessment guidelines used for the GP visit card are 50% higher than those used for medical cards. These improvements have made the assessment process much fairer and ensure that those on low to moderate incomes can qualify for free GP care.
Non-medical card holders 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, the Deputy will be aware that non-reimbursed medical expenses above a set threshold may be offset against tax.
308 Mr. P. Breen asked the Minister for Health and Children when a person (details supplied) will be taken off the waiting list for orthodontic services and receive treatment; and if she will make a statement on the matter. [30565/06]
The Deputy's question regarding the way that children are assessed and deemed eligible for orthodontic treatment 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.
309 Mr. O’Connor asked the Minister for Health and Children when she expects to conclude negotiations regarding an out of hours general practitioner cooperative in the Tallaght area; her views on the importance of this issue for local patients that such a scheme would ease pressure on the accident and emergency unit at Tallaght Hospital;; and if she will make a statement on the matter. [30566/06]
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.
310 Mr. Deenihan asked the Minister for Health and Children when the contract will be awarded in order that Tralee community nursing unit will be constructed; and if she will make a statement on the matter. [30567/06]
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.
311 Mr. Deenihan asked the Minister for Health and Children when BreastCheck will become available in Kerry; and if she will make a statement on the matter. [30568/06]
I have met with representatives of BreastCheck and they are fully aware of my wish to have a quality assured programme rolled out to the remaining regions in the country 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 €2.3m available to BreastCheck to meet the additional costs of roll out. I have also approved an additional 69 posts. BreastCheck recently appointed Clinical Directors for the Southern and Western regions and the recruitment of Consultants and other staff is now underway.
BreastCheck also requires considerable capital investment in the construction of two new clinical units and in the provision of five additional mobile units and state of the art digital equipment. I have made available an additional €21m capital funding to BreastCheck for this purpose. Demolition works at South Infirmary/Victoria University Hospital were completed last month. The Department has issued approval to BreastCheck to award contracts for the construction of the static units at the South Infirmary/Victoria University Hospital, Cork and University College Hospital Galway. BreastCheck is confident that the target date of next year for the commencement of roll out to the Southern and Western regions will be met.
312 Mr. Kehoe asked the Minister for Health and Children if there are grants available for a person to build a granny flat onto the family home to house an elderly family member; and if she will make a statement on the matter. [30574/06]
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.
313 Mr. Hogan asked the Minister for Health and Children when a decision will be made for a person (details supplied) in County Kilkenny under the nursing home rebate scheme; and if she will make a statement on the matter. [30737/06]
As the Health Service Executive has responsibility for administering the Health Repayment Scheme, enquiries relating to the scheme are referred to the Parliamentary Affairs Division of the Executive. My Department has asked the HSE to have this matter investigated and to have a reply issued to the Deputy.
314 Mr. Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare will receive an appointment date for a hip replacement operation a Tallaght Hospital. [30738/06]
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.
315 Mr. Haughey asked the Minister for Health and Children if a lottery grant will be awarded in relation to applications (details supplied); when those applications will be finalised; and if she will make a statement on the matter. [30739/06]
My Department received an application for a grant from the Health and Children allocation of National Lottery funds from the organisations referred to.
There is a protocol in my Department for processing applications for National Lottery grants. When a completed application form is received in my Department it is registered in the Finance Unit and forwarded to the relevant Service Division for their assessment, evaluation and recommendation. All applications are then considered in the context of the recommendation and the overall level of funds available to me. The applications are two of many under consideration for a grant from my Department and the organisations will be informed as soon as a decision has been made.
316 Mr. Haughey asked the Minister for Health and Children her views on whether asylum seekers should be medically screened when they come into contact with the authorities here; and if she will make a statement on the matter. [30740/06]
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.
317 Mr. Ferris asked the Minister for Health and Children if funding will be approved for the sexual assault unit at Kerry General Hospital to be re-opened in order that victims of sexual assault and rape do not have to travel to Cork and Waterford for treatment; and if she will make a statement on the matter. [30741/06]
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.
318 Mr. Ferris asked the Minister for Health and Children when the construction of the community hospital in Tralee will begin; and if she will make a statement on the matter. [30742/06]
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.
319 Mr. P. Breen asked the Minister for Health and Children when a person (details supplied) in County Clare will be taken off the waiting list for orthodontic services and will receive treatment; and if she will make a statement on the matter. [30743/06]
The Deputy's question regarding the way that children are assessed and deemed eligible for orthodontic treatment 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.
320 Mr. Neville asked the Minister for Health and Children the position regarding repayment of moneys under the National Payment Scheme for a person (details supplied). [30817/06]
As the Health Service Executive has responsibility for administering the Health Repayment Scheme, enquiries relating to the scheme are referred to the Parliamentary Affairs Division of the Executive. My Department has asked the HSE to have this matter investigated and to have a reply issued to the Deputy.
321 Mr. Neville asked the Minister for Health and Children the position regarding an application for repayment of money under the national repayment scheme for a person (details supplied) in County Limerick. [30818/06]
As the Health Service Executive has responsibility for administering the Health Repayment Scheme, enquiries relating to the scheme are referred to the Parliamentary Affairs Division of the Executive. My Department has asked the HSE to have this matter investigated and to have a reply issued to the Deputy.
322 Mr. Neville asked the Minister for Health and Children the position regarding an application for repayment of money under the national repayment scheme for a person (details supplied) in County Limerick. [30819/06]
As the Health Service Executive has responsibility for administering the Health Repayment Scheme, enquiries relating to the scheme are referred to the Parliamentary Affairs Division of the Executive. My Department has asked the HSE to have this matter investigated and to have a reply issued to the Deputy.
323 Caoimhghín Ó Caoláin asked the Minister for Health and Children when a reply will issue from the Health Service Executive to Parliamentary Question No. 185 of 27 June 2006. [30820/06]
The Parliamentary Question referred to in the Deputy's question relates to the provision of a service provided by the Health Service Executive on a national basis. It required the collation of information from a number of different sources. The collation of such information is coordinated and monitored by the HSE's Parliamentary Affairs Division to ensure that a complete and comprehensive reply is compiled and issued in response to these questions. The Parliamentary Affairs Division has informed my Department that the response to the Deputy's question is being finalised and will issue to the Deputy shortly.
324 Caoimhghín Ó Caoláin asked the Minister for Health and Children when a reply will issue from the Health Service Executive to Parliamentary Question No. 118 of 6 July 2006. [30821/06]
I am informed by the Health Service Executive that a response issued to the Deputy on 2nd October 2006.
325 Caoimhghín Ó Caoláin asked the Minister for Health and Children when a reply will issue from the Health Service Executive to Parliamentary Question No. 98 of 14 June 2006. [30822/06]
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 HSE, under the Health Act 2004. Accordingly, the Department previously 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 has again raised this matter with the HSE Parliamentary Affairs Division, who have advised my Department that the information requested has been collated nationally, a reply is currently being drafted and will issue directly to the Deputy shortly.
326 Dr. Cowley asked the Minister for Health and Children if she will increase the number of adult neurologists in the public health system which currently stands at 16; her views on whether this falls far short of the 39 neurologists recommended in the Comhairle na nOspidéal report; and if she will ensure that priority is given to this; and if she will make a statement on the matter. [30823/06]
As part of the Estimates for health services in 2006, additional funding of €3m was allocated specifically for the further development of neurology and neurophysiology services. This funding was provided to allow the Health Service Executive to further progress the implementation of the recommendations made by the former Comhairle na nOspidéal in respect of these services.
My Department has requested the Parliamentary Affairs Division of the Executive to have this matter investigated and to have a more detailed reply issued directly to the Deputy.
327 Mr. Connolly asked the Minister for Health and Children if she proposes to provide a compensation for psychiatric nurses assaulted at work as recommended by a Government appointed task force and as discussed by her Department, the Health Service Executive employers agency and the trade unions in May 2006; and if she will make a statement on the matter. [30824/06]
In considering the Report of the Task Force, complex legal and financial issues emerged in relation to aspects of the proposed scheme and their implications for the health service and the wider public service. As a result the Government decided in July 2005 not to introduce a "no fault" compensation scheme for psychiatric nurses as outlined in the Task Force Report. I confirmed this position to the nurses' representatives at a meeting in July 2005.
However, following the Government decision it was decided to request the State Claims Agency (SCA) to examine the possibility of establishing a fixed redress fund for psychiatric nurses physically injured as a result of an assault by a patient.
Consultations between my Department, the Department of Finance, the SCA and the Health Service Executive — Employers Agency have been ongoing. Proposals for consideration by Government are at an advanced stage and I expect to be in a position to bring the matter to Government in the near future.
328 Mr. Connolly asked the Minister for Health and Children if she will ensure that all hospitals are complying with the requirement that elective admissions be in an 80:20 public private ratio basis; and if she will make a statement on the matter. [30825/06]
The provision of private care in public acute hospitals is long standing feature of the Irish health care system. Some 2,500 beds in public hospitals are designated as private and semi-private. The 80:20 ratio to which the Deputy refers is an average across the entire acute system. The percentage of beds designated as private varies between individual hospitals; for example, there is a higher ratio of private beds in maternity and paediatric hospitals and a lower ratio in other hospitals.
I am concerned that there are instances where the ratio of private work has far exceeded the stated bed designation. This is a matter which is central to this Government's reform programme, in particular, in relation to a new hospital consultants' contract.
The day-to-day management of the public/private mix in acute hospitals is the statutory responsibility of the Health Service Executive. Accordingly, I have requested the Parliamentary Affairs Division of the Executive to arrange to have the matter raised by the Deputy investigated and to reply directly to the Deputy.
329 Mr. Connolly asked the Minister for Health and Children the effects that the ban on recruitment by the Health Service Executive is having on service delivery in the five hospitals across the HSE north east region; her views on the fact that lives are being placed at risk by the failure to replace over 130 medical staff, including physiotherapists, pharmacists, radiographers and over 100 nursing staff in these hospitals; and if she will make a statement on the matter. [30826/06]
There is no ban on recruitment of staff in the public health service. It is a matter for the Health Service Executive, as part of its management of its employment ceiling, to determine the appropriate staffing mix required to deliver its service plan priorities. I have consistently emphasised the importance of prioritising the filling of front line vacancies in complying with approved employment levels. I have also emphasised the need to achieve an appropriate balance between clinical and non-clinical posts.
Approved employment levels for the health service have been adjusted since 2002 in line with Government policy on public sector employment and also to take account of specific policy measures aimed at increasing service levels. My Department is currently in discussions with the Department of Finance and the Health Service Executive to agree revisions to the health service employment ceiling to take account of service developments.
As the Deputy's question relates to human resource management issues and 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, 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.
330 Mr. Ring asked the Minister for Health and Children if additional home help will be given to a person (details supplied) in County Mayo. [30857/06]
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.
331 Mr. Perry asked the Minister for Health and Children the funding allocated to the Irish Osteoporosis Society for 2006; the expected amount to be given to the charity in 2007 in view of the great source of information and support, that the society provides to osteoporosis sufferers here; the steps the Government has taken to promote awareness of osteoporosis; and the actions the Government are taking to help the society continue its good work. [30858/06]
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.
332 Mr. Deenihan asked the Minister for Health and Children the reasons a person (details supplied) in County Kerry has been waiting to be admitted to Cork University Hospital; and if she will make a statement on the matter. [31050/06]
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.
333 Mr. Connolly asked the Minister for Health and Children if the psychiatric evaluation and the treatment of psychiatric patients can be provided under the ambit of the National Treatment Purchase Fund, to reduce lengthy waiting lists throughout the country; and if she will make a statement on the matter. [31052/06]
The National Treatment Purchase Fund (NTPF) was established to expedite the provision of treatment for patients on public hospital waiting lists who have been waiting longest for surgery. I have no plans to expand the remit of the NTPF to the type of treatment referred to by the Deputy.
334 Mr. Connolly asked the Minister for Health and Children the plans she has to deal with the increasing level of patients on trolleys awaiting admission to accident and emergency units as winter approaches; and if she will make a statement on the matter. [31053/06]
Tackling the problems in A&E departments is the Government's top priority in health. 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 A&E and do not require admission.
A & E services are improving around the country. Compared to this time last year, the average number of patients in A & E departments awaiting admission is down by approximately 40%. The average time that patients spend waiting for admission has also been reduced.
The HSE established a dedicated Task Force to work with hospitals to improve the efficiency and effectiveness of services in A&E departments. Teams from the Task Force undertook site visits to each of the hospitals identified as experiencing consistent difficulties in A&E services to discuss individual issues and potential high impact solutions. The Task Force's conclusions and recommendations will inform the HSE's actions in relation to A&E over the coming months.
A & E departments are not standalone services; they are a critical part of a complex healthcare system. Their ability to function efficiently and effectively is heavily dependent on well-functioning practices and processes within the entire acute hospital system, and the availability of integrated primary and community services.
In order that A & E targets and objectives can be achieved over the clinical winter months, the HSE is introducing a broad-based Winter Initiative to build on its existing range of initiatives.
The Winter Initiative will be similar to those in place in other health systems internationally. Its purpose is to ensure that the services required to address the particular demands of the winter season are in place and operating optimally. It will focus on a range of measures, including preventative measures, public communications, discharge initiatives, continuing care and home supports. Tackling the issue of care for older people is an important and integral part of the Initiative. The HSE is implementing a number of measures aimed at achieving increases in extended care provision.
I believe that the actions and initiatives being taken by the HSE will result in the sustained improvements in A & E services that patients and their families deserve.
335 Mr. Wall asked the Minister for Health and Children the reasons funding has not been provided or alternative arrangements made for the treatment of a person (details supplied) in County Kildare in relation to the necessary physiotherapy that they urgently need. [31054/06]
336 Mr. Wall asked the Minister for Health and Children the reasons a person (details supplied) has not received an occupational therapy service; the mechanism that the Health Service Executive has put in place to provide such a service to the person; when this will be put in place; will the family be refunded for their costs to date for such treatment, in view of the fact that the person has a medical card; and if she will make a statement on the matter. [31055/06]
337 Mr. Wall asked the Minister for Health and Children the reason a person (details supplied) in County Kildare, has not been refunded or been provided with funds to address major speech therapy problems that this person has. [31056/06]
I propose to take Questions Nos. 335 to 337, inclusive, together.
The Deputy's questions relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.
338 Mr. Stanton asked the Minister for Health and Children with regard to the provisions in Part 2 of the Disability Act, 2005 dealing with assessment of need and statement of services, if the plan for the implementation of same for children aged 5 to 18 has been completed; and if she will make a statement on the matter. [31095/06]
The implementation of the provisions of the Education for Persons with Special Educational Needs Act, 2004 has a significant impact on the plans for the implementation of Part 2 of the Disability Act. The arrangements for the implementation of one Act cannot be considered in isolation from the arrangements for the other, as the same health service staff, mainly in the areas of disability and mental health services, will be called upon to provide assessments and services under both Acts. Close collaboration and cross-sectoral working will continue at local and national level, involving the Health Service Executive (HSE), National Council for Special Education (NCSE) and both Departments concerned.
Following consultation between my Department, the HSE, the Department of Education & Science, the NCSE and other stakeholders, it has been agreed that, in the phasing arrangements for the implementation of Part 2, priority will be given to the needs of young children as follows:
Part 2 will commence for children aged under 5 years old with effect from 1st June 2007.
Part 2 will be commenced in respect of children aged 5-18 in tandem with the implementation of the EPSEN Act.
In preparation for its implementation, health related support services for children aged 5 to 18 will continue to be enhanced to enable the HSE to meet needs identified for this group.
339 Dr. Cowley asked the Minister for Communications, Marine and Natural Resources if his Department will invest necessary funds into Lecanvey Pier, Westport, County Mayo; his views on the benefits this could have for this area and that the upgrading of this pier is necessary in order to achieve blue flag status for the beach and in the development of scenic areas overlooking Clew Bay; and if he will make a statement on the matter. [30543/06]
Lecanvey Pier is owned by Mayo County Council and responsibility for its repair and maintenance rests with the local authority in the first instance.
The Department co-funded with Mayo County Council and the Department of Community, Rural and Gaeltacht Affairs a report titled ‘An Assessment of Piers, Harbours and Landing Places in County Mayo'. Lecanvey Pier is identified in that report as a marine leisure facility and is rated as category 2, which is a ‘medium term priority, where development and repairs should be considered as resources become available'.
The funding available to the Department under the Port Infrastructure Improvement Programme of the National Development Plan 2000-2006 is directed at projects that improve infrastructure and facilities at key strategic fishery harbours and the construction and improvement of berthage and related facilities at smaller harbours and landing places, with a key role in maintaining jobs in fishing, aquaculture and ancillary activities. The proposed works at Lecanvey Pier do not come within the scope of that programme. There is no other funding available in this Department for marine leisure projects.
340 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources if consideration has been given to the possibility of burning wood fuel in peat burning power stations. [30589/06]
The Green Paper on Energy Policy, launched on 1 October identifies the co-firing of up to 30% biomass including wood products at the peat fired generating stations by 2015. The Ministerial Task Force on National Bioenergy Strategy is developing the overall framework for cohesive deployment of bioenergy resources including biomass.
341 Mr. Ring asked the Minister for Communications, Marine and Natural Resources if is satisfied with the provision of broadband in rural Ireland; his views on whether money, time, jobs and investment are being lost due to the lack of broadband in rural areas; and if he will make a statement on the matter. [30590/06]
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.
However, it has been clear for some time that the sector has failed to invest at the level necessary to keep pace with the demand for broadband. My 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 the major towns and cities. These Metropolitan Area Networks (MANs) will allow the private sector to offer world-class broadband services at competitive costs. The networks offer towns opportunities to attract inward investment in advanced technology and knowledge based enterprises.
Twenty-seven MANs have been completed under the first phase and are currently being managed by ENet, the Management Services Entity. The second phase extends the programme to over 90 towns with a population of 1,500 and above that do not have a satisfactory broadband offering from the private sector.
For rural communities and the hinterlands of larger towns, my Department offers funding under the Group Broadband Scheme (GBS) to enable them to become self-sufficient in broadband, in association with service providers. The scheme is technology-neutral, allowing the community to select the most suitable b broadband delivery platform for the area. To date, over 160 projects have been approved for funding under this Programme.
A joint industry/Government fund of €18 million has been established for the Broadband for Schools Programme to resource the provision of high speed broadband connectivity to all primary and post primary schools in the country by end Autumn 2006, at no cost to the schools themselves. 95% of schools have broadband installed to date; the aim is to complete the outstanding schools in the coming weeks.
However, there are some parts of the country where the private sector will be unable to justify the commercial provision of broadband connectivity. I am currently examining options to address the delivery of broadband services to these areas and I hope to be in a position to bring proposals to Government shortly.
342 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if he has authorised dredging for mussel seed within Lough Swilly; if so, the purpose of activity; the basis on which licences have been awarded to facilitate the harvesting of mussel seed in Lough Swilly; if the mussel seed is being transferred to Lough Foyle, the measures taken to ensure that the disease Bonamia Ostrea, which is prevalent in Lough Foyle, is not transferred to Lough Swilly; and if he will make a statement on the matter. [30592/06]
Under the Voisinage Agreement the mussel seed fishery in Ireland is managed on an all-island basis. On advice from a joint advisory committee, I authorise mussel dredging by Irish Registered Fishing vessels in Irish waters and waters around Northern Ireland for the purpose of ongrowing on aquaculture sites.
The joint advisory committee, comprising representatives from the Department of Communications, Marine and Natural Resources (DCMNR), Bord Iascaigh Mhara (BIM), Department of Agriculture and Rural Development (DARD) in Northern Ireland and the Loughs Agency, assesses applications for allocations of Mussel seed and advises the Department and DARD in Northern Ireland accordingly. The advisory committee's recommendations for allocations are based on factors such as the operator's track record and production levels of bottom mussels. Allocations are made in respect of an authorised vessel and specified aquaculture sites. The purpose of dredging for mussel seed in Lough Swilly, or in any other waters, is specifically for relaying the seed to the operators' own licensed aquaculture sites. The proposed allocations are submitted to the Department for my approval prior to the issuing of authorisations to fish for mussel seed.
In line with the requirements of EU regulations, under Irish legislation, measures are in place, which provide for the control of movements of shellfish from bays around the coast. Following the detection of bonamia ostrea in Lough Foyle last year, specific controls were put in place on movements of shellfish from the lough by SI 500 of 2005. In addition, a comprehensive range of guidelines, drawn up by this Department working with the Department of Agriculture & Rural Development, Northern Ireland, the Marine Institute and the Loughs Agency, has been put in place in respect of shellfish operations in Lough Foyle. A copy of the guidelines was circulated to all operators on the 28th of July 2005 to help prevent the spread of the parasite. Operators have been strongly advised to adhere to these guidelines.
Based on the framework outlined above, applications made to this Department to move shellfish originating in Lough Foyle for ongrowing in areas free of bonamia, would be refused. A movement licence was issued by the Department to move 850 tonnes of mussel seed from Lough Swilly, which is free of bonamia ostrea, to Lough Foyle in February 2006.
343 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the circumstances under which fisheries officers, in September 2006 approached wild oyster fishermen licensed by the Northern Regional Fisheries Board and gave them notice in writing to cease and desist their dredging activities; and if he will make a statement on the matter. [30595/06]
The position is that all Irish fishing vessels engaged in commercial fishing activities are required to be appropriately licensed and registered as such.
In early September 2006, on foot of a joint Department of Communications, Marine and Natural Resources and Naval Service patrol, a number of the vessels operating in the Lough Swilly Wild-Oyster fishery were found not to be correctly licensed and registered, and written warnings issued by the Naval Service to two fishing vessels in that regard.
The other fishing vessels found to be operating in Lough Swilly on that day were given instructions by a Department of Communications, Marine and Natural Resources Sea Fishery Officer to return to port until they could establish that they were appropriately licensed and registered to engage in commercial fishing.
Although the Naval Service operates entirely independently in the carrying out of its functions of fishery control, on this particular occasion the Naval Service was engaged in one of a number of joint operations with the Department of Communications, Marine and Natural Resources to regulate inshore fisheries.
Licences issued by the Northern Regional Fisheries Board relate to participation in a given fishery in its area of responsibility only.
344 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the element of his Department resources which is responsible for dealing with the Lough Swilly wild oyster fishery; if his attention has been drawn to the issues underlying the conflict in Lough Swilly; if he is satisfied that all possible action has been taken to address and resolve the dispute; and if he will make a statement on the matter. [30596/06]
The Lough Swilly Wild Oyster Fishery is regulated by the issue of oyster fishing licences by the Northern Regional Fishery Board on an annual basis. Approximately 30 operators are licensed to fish for wild oysters within the Lough.
The Department has received reports of encroachment by some oyster fishermen into a licensed aquaculture site within the Lough. The allegations have been investigated by the Department in consultation with the Naval Service, which has recently undertaken patrols in the Lough.
The Department has advised the representatives of the Lough Swilly Wild Oyster Development Association that fishing within a licensed aquaculture site is an offence under the Fisheries (Amendment) Act, 1997 and that there are no circumstances in which such encroachment can be justified.
An application for an aquaculture licence by the Association in respect of oyster beds identified in a survey undertaken by Aquaculture Initiative is under consideration. Officials of the Department have met representatives of the Association and advised them as to the further information required to allow consideration of their application to be progressed. Some of the additional information has been received and it is expected that the outstanding issues can be resolved without undue delay.
345 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources the targets which have been set for the increasing of the capacity to generate electricity from wind power; and if he will make a statement on the matter. [30598/06]
The Green Paper on Energy Policy published on 1 October envisages a target of 30% of electricity consumed to be produced from renewable energy sources by 2020. This is double the 15% target already announced by for 2010. It is expected that wind powered technology will make the key contribution to achieving the target.
346 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources the annual capacity for Ireland for generating electricity from wind power. [30599/06]
Support programmes put in place by the Government have more than doubled the capacity of renewable energy powered electricity generating plants connected to the electricity network in the last two years. I recently announced an ambitious programme to treble the contribution by renewable energy sources from 5.2% of gross electricity consumption in 2004 to 15% by 2010. There is no disaggregation of this target into annualised targets. The Green Paper on Energy Policy published on 1 October states our commitment to achieve 30% of electricity consumed to be produced by renewable energy by 2020.
347 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources the number of people who have applied for and been awarded the renewable energy grant since its introduction. [30676/06]
In the 26 week period up to 25 September 2006 since the Greener Homes Scheme was launched, a total of 7,716 applications have been received for grant aid and of these 6,842 offers of grant aid have issued.
348 Mr. Noonan asked the Minister for Communications, Marine and Natural Resources the reason a company (details supplied) are not being allowed to proceed to tender for the provision of broadband in eight locations in the region; if his attention has been drawn to the fact that the alternative wireless methodology of delivering broadband serviced is considered inferior to what was previously agreed; and if he will make a statement on the matter. [30677/06]
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.
However, it has been clear for some time that the sector has failed to invest at the level necessary to keep pace with the demand for broadband. My 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 the major towns and cities. These Metropolitan Area Networks (MANs) will allow the private sector to offer world-class broadband services at competitive costs.
Twenty-seven MANs have been completed under the first phase and are currently being managed by ENet, the Management Services Entity. The second phase extends the programme to over 90 towns with a population of 1,500 and above that do not have a satisfactory broadband offering from the sector.
Shannon Broadband Limited (SBL) is acting as an agent for the Local Authorities in the Shannon region to construct eight networks. SBL have submitted detailed designs to my Department for technical consideration. Both fibre and wireless methodologies are capable of delivering high-speed broadband solutions. I hope that SBL will be in a position to issue construction tenders shortly.
349 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources the number of tonnes of biofuels which were produced here in 2005. [30794/06]
In 2005 there were over 1.3m litres of biofuels produced in Ireland which equates to approximately 1.1m tonnes of biofuels when the three categories of biofuel currently being produced are combined.
350 Mr. Ring asked the Minister for Communications, Marine and Natural Resources if he will introduce incentives to ensure that broadband is made available to all areas in rural Ireland at a reasonable cost, in view of the flat-rate dial up plus rental costs which is the only option for many people in rural Ireland as a result of the high costs of satellite broadband; and if he will make a statement on the matter. [30795/06]
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.
However, it has been clear for some time that the sector has failed to invest at the level necessary to keep pace with the demand for broadband. My 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 the major towns and cities. These Metropolitan Area Networks (MANs) will allow the private sector to offer world-class broadband services at competitive costs.
Twenty-seven MANs have been completed under the first phase and are currently being managed by ENet, the Management Services Entity. The second phase extends the programme to over 90 towns with a population of 1,500 and above that do not have a satisfactory broadband offering from the private sector.
For rural communities and the hinterlands of larger towns, my Department offers funding under the Group Broadband Scheme (GBS) to enable them to become self-sufficient in broadband, in association with service providers. The scheme is technology-neutral, allowing the community to select the most suitable broadband delivery platform for the area. To date, over 160 projects have been approved for funding under this Programme.
A joint industry/Government fund of €18 million has been established for the Broadband for Schools Programme to resource the provision of high speed broadband connectivity to all primary and post primary schools in the country by end Autumn 2006, at no cost to the schools themselves. 95% of schools have broadband installed to date; the aim is to complete the outstanding schools in the coming weeks.
However, there are some parts of the country where the private sector will be unable to justify the commercial provision of broadband connectivity. I am currently examining options to address the delivery of broadband services to these areas and I hope to be in a position to bring proposals to Government shortly.
351 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources his views on the proposal made at the EU summit on 24 March 2006 to consider raising the target for share of renewable energies to 15% by 2015 and the share of biofuels to 8%; and his views on whether these would constitute a viable target for Ireland. [30796/06]
I recently announced an ambitious programme to almost treble the contribution from renewable energy sources from 5.2% of gross electricity consumption in Ireland in 2004 to 15% by 2010, some five years in advance of the target discussed at the Spring Council meeting. This is a challenging but viable target. We have gone further again in stating in the Green Paper on Energy Policy published on 1 October our commitment to an ambitious target of 30% by 2020.
With regard to biofuels, Ireland, like many other EU Member States, is developing its biofuels sector from a low base. This is borne out by the fact that Member States combined reported a target of 1.4% for 2005, which is below the Directive's indicative target. The Commission has accepted Ireland's target of 2% by 2008. The new excise relief programme is being rolled out from this year to 2010 and will enable us to reach the initial target of 2% market penetration of biofuels by 2008.
The Green Paper on Energy proposes a further target of 5.75% for biofuels market penetration by 2010. To achieve this target, a significant change in land use patterns or a level of imports may be required. The Ministerial Task Force on Bio-energy Strategy is addressing the most appropriate measures required to achieve this target and this will inform decisions on future targets including the viability of a target of 8% market penetration of biofuels by 2015.
352 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources when an aquaculture licence will be re-issued to a person (details supplied) in County Waterford; and if he will make a statement on the matter. [31024/06]
Following a review of aquaculture licences in Dungarvan the Department identified a number of licensed areas which were poorly maintained. The relevant licence holders, including the person to whom the Deputy refers, were advised in writing that their licence could not be renewed unless they undertook remedial action in respect of the maintenance and tidiness of their sites.
The Department intends to carry out a follow up inspection of these sites and if they are found to be in a satisfactory condition, the question of licence renewal will be given speedy consideration.
353 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources if he will make available the terms of the lease granted to a company (details supplied) and other documents that were subject to an order of discovery made in the High Court; and if he will make a statement on the matter. [31025/06]
I have been advised that I am legally prevented from considering the Deputy's request in light of the fact that these documents are the subject of court proceedings.
354 Mr. O’Connor asked the Minister for Foreign Affairs if he continues to monitor the situation in the state of Palestine; and if he will make a statement on the matter. [31148/06]
357 Mr. Haughey asked the Minister for Foreign Affairs the position in relation to Government policy on the recent conflict in Israel and the Lebanon; and if he will make a statement on the matter. [30736/06]
364 Mr. Connolly asked the Minister for Foreign Affairs his assessment of the Middle East peace process at present; if he envisages its restoration in the foreseeable future; and if he will make a statement on the matter. [30811/06]
367 Mr. Connolly asked the Minister for Foreign Affairs the number of civilian casualties in the recent war in the Lebanon; and if he will make a statement on the matter. [30814/06]
I propose to take Questions Nos. 354, 357, 364 and 367 together.
The situation in the Middle East, especially in the Occupied Palestinian Territories, remains at the top of the foreign policy agendas of Ireland nationally and of the European Union. The conflict in Lebanon this summer and the continuing crisis in Gaza and the West Bank, serve to underline that there is no military or unilateral solution to the inter-related problems of the region. It is the strong view of the Government, and of our partners in the EU, that the underlying cause of the recurring crises in the region is the absence of a credible process for a comprehensive settlement. I stated in my address to the UN General Assembly on 26 September that a comprehensive settlement is more urgently required now than at any time in the past 60 years. The most recent meeting of the General Affairs and External Relations Council, which I attended in Brussels on 15 September, stated clearly the position of the EU that lasting peace and security in the region can only be ensured by a comprehensive settlement, with a negotiated two-State solution to the Israeli – Palestinian conflict at its core.
The terrible violence and suffering in Lebanon this summer was both tragic and unnecessary. The immediate cause of the conflict was an unprovoked attack by Hezbollah on Israeli territory, and the killing and capture of a number of Israeli soldiers. From the beginning, the Government called unambiguously for an immediate cessation of violence and the protection of civilian lives. I fully acknowledged that Israel had a right to defend itself against the attacks, but not at the expense of the rights and the lives of Lebanese civilians. We were shocked at the harsh and disproportionate military response by Israel, at the very high civilian casualties and at the widespread destruction of vital civilian infrastructure. The UN Secretary General has quoted official Lebanese figures showing that 1,187 people died and 4,092 were injured in the country as a result of the conflict. The UN estimates that 1 million Lebanese people were displaced from their homes, the vast majority of whom have now returned. The conflict also resulted in the deaths of 43 Israeli civilians and 117 soldiers. Some 300,000 people were displaced from their homes.
The Government and our partners in the EU will remain actively engaged in support of the full implementation of Security Council Resolution 1701, which was adopted unanimously on 11 August. It created the basis on which the fighting was brought to an end three days later and it offers a path to a stable peace, based on the territorial integrity, sovereignty and political independence of Lebanon. The EU has taken the lead in ensuring that the deployment of a strengthened UNIFIL force in Southern Lebanon, alongside units of the Lebanese Army, has proceeded smoothly, and that the ceasefire has held. The mission will be strengthened further over the coming weeks, and I indicated at the UN last week that the Government expected to be in a position to decide on an Irish contribution to UNIFIL II, subject to Dáil approval.
The Government remains very seriously concerned about the deteriorating situation in the Occupied Territories. The situation in Gaza in particular is unsustainable. As I stated at the UN General Assembly, it is time for a major new international effort to launch serious negotiations for a settlement based on the essential elements of the Quartet Roadmap, with the clear objective of the establishment of two sovereign, viable and democratic States, living together in peace and security.
We strongly support the efforts of President Mahmoud Abbas to form a Palestinian Government of national unity, committed to the peace process and reflecting the principles set out by the EU and the Quartet following the elections in January. I have stated consistently that if he is successful, I will argue very strongly for a generous and creative political response by the EU and the international community. The EU is working closely with the Israeli Government and the Palestinians on the basis that both parties must demonstrate that they are ready to meet their obligations under the Roadmap and under international law. We hope that there will be an early, substantive meeting to this end between Prime Minister Olmert and President Abbas.
The immediate priority must be to end the humanitarian and security crisis in Gaza. This must involve the release of the captured Israeli soldier and of imprisoned Palestinian legislators, the ending of violence from all sources and the reopening of crossing points for people and for goods. The violence of recent days underlines the urgency of the situation, and the need for acts of political courage on all sides. In addition, while the EU has this year increased the level of its assistance to the Palestinian people, it is essential that Israel resume transfers of the taxes and customs duties owed to the Palestinian Authority, which it is withholding.
355 Mr. O’Connor asked the Minister for Foreign Affairs the position in relation to his contacts with all the parties in respect of the Northern peace process; the work programme he is following in that regard; and if he will make a statement on the matter. [30448/06]
When they met on 6 April last in Armagh, the Taoiseach and Prime Minister Blair set out the Governments' joint strategy for achieving a fully functioning Assembly and Executive this year. Since then, the Taoiseach and I have been engaged in intensive efforts, in conjunction with the British Government, to achieve restoration of the institutions by the 24 November deadline. This has involved regular and ongoing contacts with the political parties, which have intensified in recent months.
On 29 June I accompanied the Taoiseach to Stormont for a series of high level meetings between the Governments and the political parties to take stock of developments since the recall of the Assembly on 15 May. To assist the parties in their preparations for Government we published a workplan and a timetable clearly setting out the steps to restoration of the institutions by 24 November. We stressed that the key to success is engagement and agreement between the parties themselves and we urged them to make full use of the summer period and to engage seriously on resolving the issues necessary for restoration.
It was encouraging to see engagement between the parties in the Preparation for Government Committee over the summer. It was also encouraging that those meetings led to agreement on some of the issues which need to be addressed in the context of restoration. We will seek to build on that work when we meet the parties for high-level talks in Scotland next week. Those talks will be critical to the success of our efforts. The Governments are approaching them with serious intent. We hope all the parties will do likewise.
In the meantime, we are intensifying contact with the parties. I met with Mark Durkan and some of his colleagues in the SDLP in Derry on 14 September, and yesterday I met in Stormont with representatives of the UUP, Sinn Féin, Alliance and the PUP. Contacts will continue over the coming days in advance of the talks in Scotland. I am due to meet the Secretary of State tomorrow at Hillsborough to review the outcome of those meetings and to plan for the Scotland talks.
I genuinely believe that with political will, agreement is possible between the parties by 24 November. The Governments cannot make this happen — the best prospects of a sustainable deal will arise from all the parties working together in an inclusive process. However, I can assure the Deputy that I personally will spare no effort in the weeks remaining to secure a deal.
356 Mr. Noonan asked the Minister for Foreign Affairs if he will establish a passport office in Limerick; if his attention has been drawn to the inconvenience and difficulty experienced by applicants in travelling to Cork or Dublin for passports required at short notice; if his further attention has been drawn to the desirability of a passport office in close proximity to Shannon Airport; and if he will make a statement on the matter. [30563/06]
While there are no plans at present to open further passport offices, it is the policy to keep the operation of the passport service under on-going review. As background, I should say that the majority of passports are now issued through the "Passport Express" service which is operated jointly by my Department and An Post. This service is available in over 1,000 post offices throughout the State. Overall, more than 90% of all passports are processed within 10 working days.
In response to the ever increasing demand for passports in recent years, as well as requirements for higher security standards, and a commitment to offer our citizens the most effective possible service, the passport issuing system has been going through a process of modernisation and upgrading. A new Automated Passport System was introduced in late 2004, in the new Passport Production facility in Balbriggan, Co. Dublin, followed by the main Passport Office in Molesworth Street in January 2005. The system was extended to the Cork and London Passport Offices in late 2005 and to all our Missions abroad during 2005 and 2006. Our new passport booklet is one of the most secure in the world and has been widely admired.
The Department is also working on developing online facilities to enable applicants to track the progress of their application over the internet. This facility will be available imminently. We are also introducing biometrics into passports later this month, in order to further improve passport security and comply with the latest international standards for secure travel documents. It will also ensure that Irish citizens can continue to avail of visa free travel to the United States.
358 Mr. Connolly asked the Minister for Foreign Affairs his views on the deteriorating humanitarian crisis on the Catatumbo region in north-eastern Colombia, where many thousands of people are being displaced by increased violence and human rights violations; and if he will make a statement on the matter. [30804/06]
The situation to which the Deputy refers relates to the recent intensification of violence in the Catatumbo region of north-eastern Colombia located close to the western border of Venezuela. This region has suffered greatly from violence throughout the period of internal strife in Colombia, compounded by resistance on the part of irregular armed groups to Government attempts to eradicate illegal coca cultivation. The UNHCR has registered an estimated 2,000 internally displaced persons from the Catatumbo region since the beginning of 2006.
Ireland, together with the EU, continues to monitor the humanitarian and human rights situation in Colombia. Real progress towards an improvement in the humanitarian and human rights situation of all the people of Colombia is most likely to be made in the context of a settlement of the internal armed conflict, with efforts to bring about an end to civil strife currently being undertaken within the framework of the Justice and Peace Law. In this regard, a recent EU Heads of Mission in Colombia report noted a positive trend of improvement in the human rights situation in Colombia, specifically in relation to the rights of internally displaced persons, with the reinforced application of the national legal framework resulting in a decrease in new displacements.
Ireland undertook in June 2005 a commitment to contribute €390,000 over a three year period to the Organization of American States' (OAS) peace and verification mission in Colombia, the second tranche of which (€130,000) is due to be released shortly. The mission's mandate is to provide comprehensive support to the Colombian peace process, with a focus both on the demobilisation process and on the strengthening of institutions concerned with the rule of law. I also attach the highest priority to the humanitarian and human rights dimension of the OAS mission's role. With this in mind, an additional €130,000 was given to the Inter-American Commission on Human Rights in December 2005 for the independent monitoring of human rights issues in support of the mission.
The EU has confirmed its readiness and that of its Member States to assist the Colombian government and civil society in the provision of support for communities affected by the internal conflict. It has also called on all parties to the conflict to respect human rights and international humanitarian law and commended the work of the Office of the United Nations High Commissioner for Human Rights (UNHCHR) in Colombia. My Department will continue to monitor the situation in Colombia through our Embassy in Mexico City, as well as in cooperation with our EU partners with resident Embassies in Colombia.
359 Mr. Connolly asked the Minister for Foreign Affairs his views on the continuing military campaign in north Darfur; the prospects for ending the indiscriminate aerial bombardment by government aircraft that serves to exacerbate the humanitarian crisis; and if he will make a statement on the matter. [30805/06]
The Government has consistently made clear that it is gravely concerned about the continuing humanitarian and political crisis in Darfur and is using all avenues to urge concerted international action to resolve it. We have been very active bilaterally, at EU level and in the UN context. We will continue to use every opportunity to persuade the Government of Sudan to accept a UN force in Darfur.
Darfur was top of the agenda in my meetings in New York last week with the Sudanese Foreign Minister and UN Secretary General Annan. It was also a major topic in my address to the UN General Assembly on 26 September 2006. Last July, I was the first EU Foreign Minister to visit Darfur since the signature of the May Peace Agreement, where I visited the largest displaced persons' camp, at Abu Shouk, near El Fashir.
The renewed fighting in areas of North Darfur is alarming. The decision by the Sudan Government to seek a military solution and bring more troops to the region, coupled with fighting among armed groups, shows utter disregard for the May 2006 Darfur Peace Agreement. It is clear from the killing and suffering of civilians during attacks on villages and internally displaced persons that combatants are not distinguishing between civilian and military targets. As indicated by the UN Secretary General in his report of 26 September, Darfur is at a critical stage; insecurity in this troubled region is at its highest levels and humanitarian access at its lowest levels since 2004. The Secretary General pointed out that, unless security improves, the world is facing the prospect of having to drastically curtail an acutely needed humanitarian operation.
On 25 September, Mr. Jan Pronk, the Special Representative of the Secretary General for Sudan, wrote to the leaders of the Government of Sudan and all movements involved in military action in Darfur urging them to refrain from hostilities and resume dialogue during the Muslim month of Ramadan (24 September – 24 October), as a gesture of sincerity and goodwill towards civilians.
On 15 September, EU Ministers for Foreign Affairs condemned the reported military attacks by both the Sudanese Government and the rebel groups and stressed that any military action will only further aggravate the already alarming humanitarian situation. Ministers emphasised that the Sudanese Government should stop their military action in Darfur, abide by the ceasefire agreement and respect their commitments under the Darfur Peace Agreement. Non-signatories should be held fully responsible for the fulfilment of their commitments set out in the April 2004 N'djamena Ceasefire Agreement. I call on all parties in the strongest terms to halt the violence and uphold their obligations to protect civilians.
The reported bombing raids in North Darfur by the Sudanese Government are a violation of UN Security Council Resolution 1591 (2005), which demanded that the Government of Sudan should immediately cease conducting offensive military flights over the Darfur region, in accordance with its obligations under the N'djamena Ceasefire Agreement and the November 2004 Abuja Security Protocol. In its April 2006 report to the Security Council, the Panel of Experts established under Resolution 1591 (2005) recommended that the Council should consider establishment of an air exclusion zone (no fly zone) over the entire Darfur region for all Government of Sudan aircraft and aircraft utilised by parties to the conflict in Darfur. The Council has not yet done so. However, Resolution 1591 (2005) does provide that individuals responsible for offensive military overflights can be subjected to a travel ban or economic sanctions if the Council so decides.
As I stated when I addressed the UN General Assembly last week, the suffering of the people of Darfur shames the world. We cannot indefinitely stand by and watch with horror from the sidelines. The Sudanese Government has a clear responsibility to protect its citizens and if it fails to act the international community will have to consider possible further measures.
360 Mr. Connolly asked the Minister for Foreign Affairs his assessment of the current situation in Kosovo; his views on the prospects for its future autonomy or independence; and if he will make a statement on the matter. [30806/06]
As the Deputy will be aware, Kosovo has been under UN administration since the end of the conflict there in 1999, in accordance with UN Security Council Resolution 1244. The United Nations Interim Administration Mission in Kosovo (UNMIK) has been working with the Provisional Institutions of Self Government to bring about the implementation of European Standards in areas such as minority rights and the rule of law.
On 24 October 2005 the then Special Envoy of the UN Secretary General, Ambassador Kai Eide of Norway, presented to the UN Security Council a report of his comprehensive review of the situation in Kosovo. Ambassador Eide was critical of many aspects of the situation in Kosovo. He described the prospects for a multi-ethnic society as "grim" and was especially critical of the lack of progress in bringing about the rule of law. Nevertheless he recommended that, while there would never be an ideal time to decide Kosovo's future status, the time had come to begin a political process to consider this.
As recommended by Ambassador Eide, a process of consideration of the future status of Kosovo has been under way since last year, led by the UN Secretary General's Special Envoy, former Finnish President Martti Ahtisaari. Ireland and our EU partners fully support the work of Mr Ahtisaari and his team.
Talks between Serbia, including representatives of the Kosovo Serb community, and representatives of the Kosovo Albanian community began in Vienna under the auspices of Mr.Ahtisaari in February last. They focused on such issues as decentralisation, seen as a confidence building measure for minorities, and protection of Serb religious and cultural sites. Neither these talks nor parallel talks, focusing on the status issue and taking place over the summer, produced any significant measure of agreement.
Mr Ahtisaari is now expected to bring forward proposals to the UN Security Council before the end of the year. While the exact nature of the proposals remain to be seen, there is an expectation that he will recommend that Kosovo be granted independence, albeit with limitations upon it, and with a continuing major role for the international community. Finally, it is broadly agreed that whatever arrangements emerge must offer guarantees for the protection of minorities, including their participation in public administration.
361 Mr. Connolly asked the Minister for Foreign Affairs his views on the state of EU-Zimbabwe relations at present; and if he will make a statement on the matter. [30807/06]
The EU's restrictive measures against Zimbabwe were initially imposed in February 2002 and were renewed for a further twelve months in February 2006. The restrictive measures involve a travel ban, assets freeze and arms embargo and are very much targeted at the leading members of the ZANU-PF government, and not at the people of Zimbabwe. The EU has also suspended its development cooperation with Zimbabwe, although certain types of cooperation involving the provision of basic services are exempted, with a view to avoiding an adverse effect on the population.
Within Zimbabwe itself, the overall political, economic and humanitarian situation continues to deteriorate. Inflation in Zimbabwe is now estimated to be 1200%, the highest in the world, while unemployment is estimated to be around 80%. There continue to be severe food shortages in the country, with over one million people currently requiring sustained food assistance. The dire political and economic conditions have led to large-scale immigration, with at least 2 million Zimbabweans now judged to be living illegally in South Africa.
There is at yet no indication that the Zimbabwean government is willing to alter the policies which have brought about this situation or introduce those democratic and economic reforms long called for by the international community and which, if introduced, would positively influence EU-Zimbabwe relations. On the contrary, we have seen increased repression, with large-scale arrests of peaceful demonstrators and credible reports of trade union leaders being seriously ill-treated in police detention last month. There is also no evidence of serious efforts by the Zimbabwean government to re-house the many hundreds of thousands of people left homeless, following Operation Murambatsvina launched in May 2005.
It is clear that international pressure needs to be maintained on the Mugabe government to alter its current policies. Ireland and our EU partners are determined to continue working with others in the international community, including our partners in Africa who can exert particular influence, to help promote democratic change in Zimbabwe. I discussed the current situation in Zimbabwe with the South African Foreign Minister in New York on 25 September and urged South Africa to continue its efforts to influence the situation positively. EU Ambassadors in Zimbabwe, including Ireland's, are also maintaining contact with all those within Zimbabwean society who may be in a position to influence positive change.
The Government is also continuing to make available humanitarian assistance to the people of Zimbabwe. Since 2004 Ireland has committed over €13 million in aid to Zimbabwe, including €3.7 million this year to address emergency needs. The largest proportion of this funding is for immediate humanitarian needs, particularly the provision of food assistance. Ireland is also providing funding to mitigate the impact of the HIV/Aids pandemic in Zimbabwe which is estimated to infect 25% of the population. Earlier this year Ireland approved a new programme of funding for HIV/Aids in Zimbabwe amounting to €7.5m over the years 2006-2008.
362 Mr. Connolly asked the Minister for Foreign Affairs his views on the recent bloodless coup in Thailand; the implications of same for that country’s democracy; and if he will make a statement on the matter. [30808/06]
I am concerned about the situation in Thailand and am carefully monitoring developments there. I had been aware of the political difficulties in that country and, indeed, had had an opportunity to discuss the situation there with the then Foreign Minister of Thailand, when he visited Ireland a few weeks ago, but the staging of a coup was unexpected.
Ireland, along with our EU partners, supported a statement issued by the Finnish EU Presidency immediately after the coup which condemned the take-over of power from the democratic government of Thailand by the Thai military forces, demanded that the military forces stand back and give way to the democratically-elected political government and expressed the hope that Thailand will soon be able to return to democratic order.
We were also party to a follow-up EU Statement delivered on 28 September reiterating the great importance that the EU attaches to Thailand's speedy return to democracy and constitutional order, legitimised by free and democratic elections to be held as soon as possible. The statement went on to call for martial law to give way, without delay, to the rule of ordinary law with full respect for human rights and civil liberties. Noting the military leadership's assurances that Thailand will continue to abide by the United Nations Charter and international treaties and agreements, the EU stated that the decisions and actions of the new military-appointed government will be evaluated by the EU in the light of Thailand's international obligations, inter alia in the area of human rights, including freedom of expression and freedom of assembly, as well as the military leadership’s specific assurances to this respect as mentioned above. It concluded by emphasising that it is for the people of Thailand as a whole to decide upon Thailand’s future government.
I recognise that a difficult political situation had prevailed in the country for some time; that the coup was carried out without bloodshed; that the coup leaders agreed to abide by the United Nations Charter and international law; that they received the endorsement by King Bhumipol Adulyadej to create an interim Government; that some powers, at least, are being transferred to the newly-appointed interim Prime Minister, and the Cabinet due to be appointed this week; and that a commitment has been given to holding elections within a year, and to the restoration of full democratic government thereafter.
However, the Irish Government – as a fundamental principle — cannot accept military coups as a legitimate way to resolve political difficulties in Thailand, or anywhere else. While reassured in some respects by the commitments made by the coup leaders, I remain concerned about a number of issues. My concerns relate, in particular, to the protection of human rights and civil liberties, including freedom of expression and freedom of assembly, during the interim period; to the year-long delay envisaged before elections are held and democratic government restored; to the degree of control still retained by the coup leaders under the new interim Constitution; and the extent to which the people of Thailand and representative groups will be able to input into the drafting of the new Constitution.
Along with my EU colleagues, I will continue to monitor the situation carefully and use all diplomatic and other channels to ensure compliance with the commitments entered into by the military leaders and interim Government, and the earliest possible return to fully democratic political processes and Government, controlled by the people of Thailand as a whole.
363 Mr. Connolly asked the Minister for Foreign Affairs his views on the continuing situation in Myanmar Burma; the prospects for the restoration of the democratic process in the country; and if he will make a statement on the matter. [30809/06]
In my statement on behalf of Ireland to the 61st Session of the UN General Assembly on 26 September, I referred to the particularly grave human rights situation in Burma. I called, once again, on the Burmese régime to move towards democracy and to release all political prisoners, in particular Aung San Suu Kyi. At the ASEM (Asia-Europe Meeting) Summit held in Helsinki earlier in September, the Taoiseach also raised the situation in Burma. He called for the release of Aung San Suu Kyi and for greater progress towards democracy.
These statements by the Taoiseach and myself are consistent with the strong position on Burma which Ireland takes on all possible occasions, including in the European Union framework and at the United Nations. Together with our EU partners, we avail of all opportunities to call for the immediate release of Aung San Suu Kyi, to condemn the abuse of human rights and fundamental freedoms and deplore the lack of progress towards democracy in Burma.
The visit by UN Under-Secretary-General (UN USG) Gambari to Burma from 18-20 May was the first high-level visit to that country by a UN representative in more than two years. I welcome the fact that he was able to meet with the most senior Burmese leaders as well as with Aung San Suu Kyi and representatives of her party, the National League for Democracy, during the visit. The Burmese government should allow the UN to play a role in promoting common ground between the government and the National League for Democracy so that the National Convention, when it resumes its work, can proceed in a more inclusive way.
The situation in Burma was most recently discussed at the EU General Affairs and External Council Meeting in Luxembourg on 12 June. On that occasion the possibility of the situation in Burma coming before the UN Security Council was discussed. Subsequently, the UN Security Council decided to include Burma on its agenda. On foot of this, UNSG Gambari briefed the Security Council last Friday, 29 September. This is a welcome development. In this regard, I welcome the news that UN USG Gambari is due to return to Burma next month.
The EU applies a range of sanctions and restrictive measures against Burma, referred to as the EU Common Position, which had been due to expire on 30 April but which has been renewed for a further year. In the absence of any significant progress in Burma, Ireland strongly supported the renewal.
I will continue to raise concerns about Burma on all possible occasions and to call on the Burmese government to assume its responsibilities towards its people and to allow the fullest possible UN involvement in a genuine process of democratisation and reconciliation.
365 Mr. Connolly asked the Minister for Foreign Affairs his views on whether Croatia’s application to join the EU will be deferred after the accession of Bulgaria and Romania on 1 January 2007; and if he will make a statement on the matter. [30812/06]
366 Mr. Connolly asked the Minister for Foreign Affairs his views on the status of Turkey’s application to join the EU; and if he will make a statement on the matter. [30813/06]
I propose to take Questions Nos. 365 and 366 together.
Accession negotiations were opened with both Turkey and Croatia on 3 October 2005. An extensive screening process is currently underway, in which experts from the Commission explain EU rules to the two countries and examine their strategies for adopting and implementing them. It is expected to take until the end of 2006 to complete the screening process for the required 33 chapters.
After each chapter has been screened the EU can decide, on the basis of a proposal from the Commission, whether the negotiations in that sector can be opened. To date, the Commission has presented its reports to the Council on 13 negotiating chapters for Croatia and three for Turkey. Negotiations have been provisionally closed with both Turkey and Croatia on just one chapter (Science & Research). Although the screening process with both countries is currently running in parallel, these are two separate negotiations. At this stage, it is not possible to set a timeframe for the completion of the negotiations with either country.
Careful preparation of the Union's most recent enlargement has been a key factor in its success. With regard to the accession negotiations with Turkey and Croatia, the EU has confirmed that it will be firm in demanding that they fulfil all the requirements of membership. Both countries will be expected to maintain their commitment to the full implementation of human rights and other reforms.
The Union's capacity to absorb new members will also be an important consideration. If EU membership is to be further extended, the Union will need to ensure that it has the economic, political and institutional capacity to make this possible. As Turkey's accession could have substantial financial consequences, it is accepted that its negotiations can only be concluded after the establishment of the Union's financial framework for the period beyond 2013. Speaking on 26 September 2006, Commission President Jose Manuel Barosso suggested that any future enlargement following the accession of Bulgaria and Romania should be contingent on institutional reform so as to ensure that an enlarged Union could function in an efficient manner.
Ireland has always been supportive of the process of EU enlargement from which we have consistently benefited. It has been our policy to consider each candidate on the basis of its own merits. This principle will continue to underpin our approach to the negotiations with both Turkey and Croatia. Both countries benefit from the Department of Foreign Affairs' Bilateral Assistance Programme, which provides support for candidate countries as they prepare for the considerable challenges of EU membership.
368 Mr. Connolly asked the Minister for Foreign Affairs if he has impressed on the US Government the necessity of the detainees in Guantanamo Bay being accorded the protection of the Geneva Convention; and if he will make a statement on the matter. [30815/06]
The Government has raised the issue of the detainees in Guantanamo Bay with the US Authorities on numerous occasions, with concerns being raised at the highest level when the Taoiseach, accompanied by myself, met with President Bush in Washington on 17 March 2006. We have always made it clear that we believe that detainees must be treated in accordance with the requirements of international human rights law and international humanitarian law. This position is shared by the EU as a whole and these views were expressed at the EU-US Summit which took place in Vienna on 21 June 2006. The EU urged that detainees be either charged or released and that Guantanamo be closed. I have made it clear that I believe that the Guantanamo Bay camp should be closed as soon as possible. Repeatedly, President Bush has also stated his intention to ultimately close the Guantanamo facility, which I welcome.
On 6 September, President Bush stated that prisoners at Guantanamo Bay would be given access to the International Committee of the Red Cross in compliance with the Geneva Conventions. In compliance with a US Supreme Court ruling in June this year, draft legislation providing for the treatment and trial before military tribunals of detainees was put forward by the White House in early September. The bill was subject to vigorous debate and revision in both the Senate and the House of Representatives, which included the successful efforts by key Senators to ensure the application of the provisions of the Geneva Convention, notably those concerning Common Article 3. The bill was subsequently passed on 28 September and the President is expected to sign it into law in the coming days.
369 Mr. Connolly asked the Minister for Foreign Affairs his views on the situation in Afghanistan and the prospects for future stability there; and if he will make a statement on the matter. [30816/06]
While significant progress has been achieved in Afghanistan over the past four years very considerable challenges still remain, above all on the security front. In any country, developing the democratic structures, institutions and administrative systems necessary to provide essential public services and to ensure a secure environment for all its people is a process that takes time. The Afghan people have elected a President and a Parliament and have a legitimate elected Government which is working to consolidate the progress that has already been made. A Chief Justice is now in place as is a new Prosecutor General who has launched a major initiative against corruption. Members of the Parliament, the Wolesi Jirga, have recently formed parliamentary groups. The reform process is continuing with the assistance of the international community across all sectors, including the administrative and judicial systems, the police service and the army.
Ensuring security in Afghanistan is an especially challenging and complex task, particularly given the presence of violent factions who stand to benefit considerably from a destabilised country. The security situation remains a cause of serious concern. Levels of insurgency-related violence and fatalities have risen since the beginning of the year and attacks, including suicide bombings, aimed at the UN mandated International Security Assistance Force (ISAF), other international security forces and Afghan security forces, have increased.
The level of insurgency intensified in recent months in the context of ISAF assuming control for the Southern region of Afghanistan, a deployment which took effect on 31 July. The Afghan National Army (ANA) and ISAF have since been engaged in heavy fighting with Taliban insurgents in the South. ISAF has been combining military operations in the South, mainly around Kandahar, with its more conventional peace-keeping duties in the rest of the country. The main phase of this operation has now been successfully completed and has resulted in ANA and ISAF being able to establish themselves in erstwhile key centres of Taliban resistance. ISAF, under NATO leadership, will shortly deploy to the eastern part of Afghanistan, hitherto the exclusive domain of the ANA and the US-led international coalition, Operation Enduring Freedom. At that point ISAF will be responsible for security assistance in the whole country. At the same time, the continuing challenge from the Taliban is clearly very worrying.
The illicit narcotics industry also remains a major challenge to the long-term security, development and effective governance of Afghanistan. In co-operation with the international community, the Afghan Government operates a Counter Narcotics Implementation Plan and a National Drugs Control Strategy in an effort to work towards elimination of the narcotics trade. Reported statistics for the 2005-2006 opium crop are disappointing. Though eradication rose by 210%, production is believed to have still increased significantly. Counter narcotics efforts will be a particularly important challenge in the period ahead.
An Afghanistan Compact was launched at the International Conference on Afghanistan in London on 31 January/1 February and was endorsed by the United Nations Security Council in Resolution 1659 (2006) on 15 February. The Compact will guide the joint efforts of the Afghan Government and the international community in meeting outstanding challenges across three pillars of activity: security; governance; rule of law and human rights, and economic and social development. Counter-narcotics was identified as a cross-cutting priority in the Compact. The Compact notes that Afghanistan's transition to peace and stability is not yet assured and that strong international engagement will be required to address remaining challenges. Ireland pledged €5 million at the launch of the Compact, which will be expended over the next two years. Ireland has contributed a total of €22 million to reconstruction and recovery programmes in Afghanistan since January 2002.
370 Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs the processing time for post nuptial citizenship applications processed by his Department. [31049/06]
In accordance with the Irish Nationality and Citizenship Acts, 1956 to 2004, the Tánaiste and Minister for Justice, Equality and Law Reform is responsible for determining entitlement to post-nuptial citizenship. This includes post-nuptial declarations made by persons resident abroad that were submitted to our Embassies and Consulates.
The statutory provisions providing for post-nuptial citizenship were repealed in the Irish Nationality and Citizenship Act, 2001, which came into effect on 30 November 2002. A transition provision contained in that Act enabled persons who married Irish citizens prior to 30 November 2002 to make a post-nuptial declaration on or before 29 November 2005.
The final months of the transition period saw a substantial increase in the numbers of declarations received by our Embassies and Consulates, with approximately 10,400 received between 1 January and 29 November, 2005. This was more than five times the number received in all of 2004. My Department has so far completed its processing of 4,329 of these declarations and their supporting documents. Efforts are being made to process the remaining applications as quickly as possible while ensuring that legal requirements are fully met. Declarations found to be in order are forwarded to the Department of Justice, Equality & Law Reform, which issues the Certificates of Declaration accepting Irish Citizenship.
371 Mr. Stagg asked the Minister for Arts, Sport and Tourism the reason for the delay in appointing a new manager to a museum (details supplied) in County Mayo. [30476/06]
The National Museum of Ireland became an independent non-commercial semi-state body under the terms of the National Cultural Institutions Act, 1997 with effect from May 2005, and operates under the Board appointed in accordance with the provision of the Act. In the circumstances, I have no statutory function in relation to the matter raised by the Deputy.
372 Cecilia Keaveney asked the Minister for Arts, Sport and Tourism the position in relation to the development of the Abbey Theatre; and if he will make a statement on the matter. [30546/06]
In July 2006, the Government decided to proceed with the redevelopment of the Abbey Theatre at George's Dock on a Build, Finance, Maintain (BFM) basis. It also approved the holding of an international design competition for the new Abbey Theatre. Once a winning design has been selected the building will be procured by means of a Build/Finance/Maintain (BFM) Public Private Partnership. The new building will:
Be a signature development, representative of a national theatre in the 21st century;
Be in an appropriate civic setting and form part of the overall urban regeneration represented by the O'Connell Street Integrated Area Plan and North East Inner City Plan;
Include three significant enlarged auditoria, Abbey, Peacock and a third multipurpose space; and
Entail a dedicated education, outreach facility, a publicly accessible archive, restaurant/bar, improved public areas, disabled access for audiences and artists, best practice theatre production facilities.
The Government has also approved an inter-agency group, representative of the Department of Arts, Sport and Tourism, the Office of Public Works, the National Development Finance Agency, the Abbey Theatre and the Dublin Docklands Development Authority to oversee the project. This Interagency Group will be chaired by the Department of Arts, Sport and Tourism. The winning design should be procured by early next summer.
373 Cecilia Keaveney asked the Minister for Arts, Sport and Tourism the position in relation to the redevelopment of the National Concert Hall; and if he will make a statement on the matter. [30547/06]
Contracts for the purchase of the interest of University College Dublin in the Earlsfort Terrace site were executed on 20th September, 2006. As University College Dublin will be vacating the site on a phased basis, a lease back arrangement will be put in place until late 2007 by which time the College will have fully vacated the premises.
I have asked my Department to establish a Steering Committee to oversee the redevelopment of the National Concert Hall. I have requested the Secretary General of my Department to chair this committee and nominations from the relevant bodies are being sought at present. Meantime, work on finalising the PPP paperwork and process is continuing.
374 Cecilia Keaveney asked the Minister for Arts, Sport and Tourism the most recent situation in relation to the National Conference Centre; and if he will make a statement on the matter. [30548/06]
I am pleased to confirm to the Deputy that Spencer Dock International Conference Centre Consortium has been appointed Preferred Tenderer for the provision of a National Conference Centre in Dublin.
This appointment means that the delivery of a major commitment in the Programme for Government, to provide a world class National Conference Centre, is now in sight. The current expectation is that the contract will, subject to Government agreement, be awarded before the end of November and that the Centre will be operational in 2009.
During the Preferred Tenderer phase the Consortium will be required to develop and provide the full range of project documents for review and approval by the Contracting Authority.
375 Cecilia Keaveney asked the Minister for Arts, Sport and Tourism the status of having all support agencies develop an agreed set of performance indicators in line with the 2012 roadmap (details supplied) subject to approval and monitoring of a steering committee under the chair of the Department of Arts, Sport and Tourism as recommended in November 2005 by the Joint Committee on Arts, Sport and Tourism, Community Rural and Gaeltacht Affairs; and if he will make a statement on the matter. [30583/06]
376 Cecilia Keaveney asked the Minister for Arts, Sport and Tourism the position in relation to the establishment of the institute of sport; the links, which will be created between it and the existing sports training institutes; and if he will make a statement on the matter. [30584/06]
377 Cecilia Keaveney asked the Minister for Arts, Sport and Tourism the level of participation that all athletes are having in the preparation for both the Beijing and London Olympic Games; if he will make a statement on the mechanisms for the athletes, who are the main people in the equation, to make their input to this ongoing process. [30585/06]
378 Cecilia Keaveney asked the Minister for Arts, Sport and Tourism further to the Joint Committee on Arts, Sports and Tourism, Community Rural and Gaeltacht Affairs recommendation that the Department of Arts, Sport and Tourism establish and chair a steering committee to co-ordinate and manage the 2012 Olympic roadmap for the athletes; if he will make a statement on the status of that recommendation. [30586/06]
379 Cecilia Keaveney asked the Minister for Arts, Sport and Tourism the facilities and locations which are currently being used by athletes for their preparation for the 2012 games; if financial supports given to these athletes are on an annual basis or if there is co-ordination at this point to bring them from 2006 right up to the games; and if he will make a statement on the matter. [30587/06]
380 Cecilia Keaveney asked the Minister for Arts, Sport and Tourism if he is satisfied that the preparations for the Beijing Olympic Games are progressing satisfactorily and that recommendations that were made in both reports on the Olympics post Athens have been implemented; and if he will make a statement on the matter. [30588/06]
I propose to take Questions Nos. 375 to 380, inclusive, together.
I am pleased to inform the Deputy that further significant progress has been made by my Department since my comprehensive and detailed presentation to the Joint Committee on our Olympic and Paralympic preparations on 24th May 2006.
Following Government approval, in July, together with the Taoiseach, I launched the Irish Institute of Sport and announced the appointment of its Executive Chairman to deliver optimal support services for Olympic and Paralympic athletes and sports. The Institute will address such issues as strength and conditioning, psychology, performance analysis, sports medicine & sports injury management, recruitment of elite coaches and athlete lifestyle support.
In the lead up to Beijing the Institute will focus its support on 14 focus sports and approximately 90 Olympic and Paralympic athletes who are currently graded as either Contracted World Class or International Class under the Irish Sports Council's (ISC) International Carding Scheme. In line with the recommendations of the 2005 Athens Review, the ISC undertook a full review of the International Carding Scheme in 2005, which includes annual funding for athletes, and a new Scheme is in operation since January 2006.
The Government-approved proposals for the restructuring of the support structures of Irish elite sport will also see the National Coaching and Training Centre (NCTC), based at the University of Limerick, reconstituted as a new entity called Coaching Ireland with a specific remit focusing on coach development and education. Quality coaching is central to the development of sport at every level. The agency and the facilities based at the University of Limerick will have a key role in the preparation of our elite sportsmen and women as indeed will the other third level universities and colleges who are making increasingly significant contributions to the achievement of sporting excellence.
In August, I established the London 2012 Olympics Task Force to ensure Ireland can identify and maximise the complete range of opportunities arising from its proximity to the Olympic and Paralympic Games in London 2012. The taskforce which is chaired by the Secretary General of my Department has been asked to examine all possible opportunities, identify the priority areas of interest and map out a strategy to ensure that Ireland will benefit from its proximity to London in 2012. It will draw on the expertise of people from across the sport, tourism, cultural and business sectors supported by staff within my Department.
The ISC continues to make excellent progress in its preparation for Beijing 2008 and London 2012. Arising from the Athens Review 2005, the ISC developed an operational plan which identified key performance indicators, timescales and costings and the roles of the various agencies in supporting Ireland's Olympic and Paralympic preparations for Beijing and London. The plan encompassed elements such as the introduction of targeted sport performance plans including prioritising junior, development and elite athletes; a review of the international carding scheme; proposals for the development of an Irish Institute of Sport; maintaining and enhancing the role of the Olympic and Paralympic Performance Committees to ensure optimum cooperation in the preparation and performance of the Irish team for the Beijing and London Olympic Games, and the strengthening of the Olympic Council of Ireland's administrative capability. The operational plan is updated on a regular basis with the key agencies to reflect the current status of the recommendations and significant progress has been made to date.
My Department is also funding the development of a network of top quality facilities around the country designed to meet the training, coaching and competition needs of our elite competitors in a wide spectrum of sports. Among the major projects which have been supported are the National Aquatic Centre, the National Rowing Centre at Inniscarra, the National Tennis Centre at Glasnevin, the National Boxing Stadium and the National Hockey Stadium at UCD. We intend to continue to develop additional facilities of this nature and the Government's decision to proceed with Phase 1 of the Sports Campus at Abbotstown is further evidence of our commitment in ensuring that our sportspersons have available to them facilities in which they can train and compete. The Institute of Sport will be located at the sports campus at Abbotstown, forming an essential part of the new National Sports Campus. Until the facilities there come on stream the Institute will service athletes needs through existing facilities.
The ISC has established Focus Sport Funding and performance plans have been agreed with targeted Olympic and Paralympic sports. The performance plans focus on sustainable performance and development of junior, developmental and senior squads for 2008, 2012 and 2016. High Performance coaching gaps have been identified and key coaching appointments have been made. The ISC has carried out rigorous quarterly monitoring and evaluation of the performance plans.
The ISC also works in partnership with the Olympic Council of Ireland, the Paralympic Council of Ireland, and the relevant Olympic governing bodies of sport in the preparation and participation of Irish competitors at the Olympic and Paralympic Games. Significant progress has been made to date in the preparation for Beijing 2008 including the establishment of athletes commissions and preparation of acclimatisation strategies. The OCI has also held a Teamship conference for athletes, coaches and support personnel in January 2006 and a second conference is planned for December 2006. The PCI has arranged for multi-sport camps to take place in the University of Limerick in April and November 2007.
I am satisfied that there now exists a co-ordinated approach to the preparation of our elite sportspersons for participation in international competitions and I am confident that this co-ordinated structure will ensure the maximum return for Beijing 2008 and London 2012 and will provide a legacy in high performance sport.
381 Mr. O’Connor asked the Minister for Arts, Sport and Tourism if he will confirm contacts with the Community Games regarding its views on the future of the Mosney holiday centre in respect of the annual national finals; and if he will make a statement on the matter. [30675/06]
I have had no recent contact with the Community Games organisation. As I previously advised the House, the Reception and Integration Agency (RIA) of the Department of Justice, Equality and Law Reform has confirmed its continuing willingness to facilitate the availability of Mosney to host the Community Games. For as long as the RIA continues to use Mosney, subject to Mosney Irish Holidays plc being willing and in a position to make the venue available for this purpose, the Community Games can avail of the facilities there. A new contract for the use of the Centre was signed between Mosney Irish Holidays Ltd and the Minister for Justice, Equality and Law Reform on 18th November 2004.
382 Dr. Cowley asked the Minister for Enterprise, Trade and Employment if he will examine the case of a person (details supplied) and ensure that they receive the money that is owed to them; and if he will make a statement on the matter. [30475/06]
In accordance with standard procedures in these cases the enforcement unit of the Department of Enterprise, Trade and Employment wrote to the employer requesting payment to the employee of the compensation awarded by the Labour Court.
The employer in this case failed to respond to a number of requests made by the Department in the period May to September, 2005. In the circumstances, the Department requested the Chief State Solicitor's Office, on 7 October 2005, to institute legal proceedings under the Organisation of Working Time Act 1997 against the employer in order to secure, with interest accrued, the compensation awarded. It is understood that in January this year the Chief State Solicitor's Office referred the file to the State Solicitor for the area in which the employer ordinarily resides.
The Chief State Solicitor's Office advised the Department on 28 August, 2006 that the relevant State Solicitor in this case had sought clarification on certain issues and the nomination of counsel and that these matters would be referred to the Attorney General's Office for direction.
383 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the measures taken against Donegal County Council for its failure to have its safety statement up to date. [30558/06]
384 Mr. Durkan asked the Minister for Enterprise, Trade and Employment the measure taken against local authorities that did not have up to date safety statements. [30559/06]
385 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if he will confirm that the safety statement of Donegal County Council, which was not updated as of May 2006, has now been updated to take account of recent changes in legislation and in particular the changes incorporated in the Safety, Health and Welfare at Work Act, 2005. [30560/06]
386 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if he will confirm that the safety statements of all local authorities are now up to date and reflect the changes contained in the Safety, Health and Welfare at Work Act, 2005. [30561/06]
387 Mr. Durkan asked the Minister for Enterprise, Trade and Employment if he will confirm that the safety statement of Donegal County Council as of May 2006 had not been revised since 1993; and the date on which it was revised. [30562/06]
I propose to take Questions Nos. 383 to 387, inclusive, together.
Responsibility for the administration and enforcement of the Safety, Health and Welfare at Work Act 2005 and associated regulations is one of the primary functions of the Health and Safety Authority. I have been advised by the authority that it would be inappropriate to comment on the particulars of enforcement actions under the legislation which may be undertaken by the authority in relation to individual employers, organisations or corporations, in case such action might prejudice any necessary related enforcement measures or other related legal proceedings at a later stage.
I will be launching a new safety handbook next week, which was completed by the Local Authorities Advisory Group. Enforcement action in the courts is also underway in another case involving a local authority.
388 Mr. Ferris asked the Minister for Enterprise, Trade and Employment if he will make a statement regarding the serious unemployment that exists in Tralee town and the action he will be taking to address the situation. [30717/06]
Unemployment is measured through the quarterly national household survey as published by the Central Statistics Office. The survey does not provide data on specific towns and is available on a regional basis only. The most recent data published in September 2006 show that the unemployment rate for the south-west region, which includes Tralee, is 3.7%, a decrease of 0.5% in the year. This compares favourably with the national rate of 4.3%. In addition there were 14,400 more persons in employment in the south-west region in the year.
The latest live register data for Tralee show that there are 3,219 people on the register in Tralee, an increase of 171 in the year. However, the live register is not designed to measure unemployment. As well as showing the numbers claiming unemployment assistance and benefit it also includes part-time, seasonal and casual workers who would be entitled to unemployment benefit. A range of measures are being implemented by agencies under the aegis of the Department to continue to increase job creation and reduce unemployment in the area.
IDA Ireland continue to promote County Kerry and the advantages of locating there which include a young skilled population, the presence of an institute of technology, and the availability of first class business parks and a regional airport. During 2005, 104 new jobs were created in IDA supported companies. The agency is also working closely with existing clients in Kerry to encourage them to expand their operations. It is also working with a wide range of bodies at local level, including FÁS, to enhance the attractiveness of the county for investment.
FÁS engages with redundant workers in a process involving information sessions, skills, audits, and re-training. It also explores new start-ups in whole or in part by the industrial development agencies. A wide range of measures are also currently being implemented by FÁS in Tralee, such as jobs clubs, community employment, return to work job initiative and the national employment action plan referral process.
Shannon Development had 16 companies operating from the Kerry Technology Park initiative at the end of 2005. Employment in these companies increased by 55 during the year. The agency has approved a €1.5 million support package for two Kerry-based indigenous companies: Altobridge Limited and Freeflow. The support will lead to increased research and development activity and generate an additional 43 jobs at Kerry Technology Park over the next five years.
I am confident that the strategies and policies being pursued by the agencies, together with the ongoing commitment of Government to regional development will bear fruit in terms of investment and jobs for Kerry in general and Tralee in particular.
389 Mr. Connolly asked the Minister for Enterprise, Trade and Employment his plans for attracting industrial development to the Cavan area; and if he will make a statement on the matter. [30801/06]
390 Mr. Connolly asked the Minister for Enterprise, Trade and Employment his plans for attracting industrial development to the Monaghan area; and if he will make a statement on the matter. [30802/06]
I propose to take Questions Nos. 389 and 390 together.
The marketing of individual areas, including Cavan and Monaghan, for new or expansion FDI investments and jobs is a day-to-day operational matter for IDA Ireland. While I may give general policy directives to the agency, I am precluded under the Acts from giving directives regarding individual undertakings or from giving preference to one area over others.
IDA's regional strategy has been to adopt a focused approach to marketing, selecting specific towns in each region and setting targets for new investment. This year, for example, IDA has a target to secure a new investment in the medical devices area for Cavan town as it believes the existing 23,745 sq ft facility in its Cavan Business Park is particularly suited to this sector. The sector should not compete with existing businesses in the town for potential employees. This approach has been very successful in other towns in the region such as Dundalk and Drogheda where significant investments have been secured over the last 12 months.
There are a limited number of potential new FDI projects at any given time and it is not possible to have a specific target for each town. Should a project be secured for Cavan the focus would then shift to Monaghan. This does not preclude IDA Ireland from marketing each town on an ongoing basis and the agency responds to all enquiries by potential investors. Ultimately decisions regarding where to locate are taken by the investors and IDA Ireland can only advise and market the attractions of potential sites, and work towards convincing investors that these sites meet their requirements.
IDA Ireland has also been exploring the possibility of developing a new Park in Monaghan. The County Council has been working closely with the agency in this process. IDA intends focusing on upgrading its site at Knockaconny in the coming years to make it compatible with the needs of modern business. I welcome the decision of the county development fund to seek planning permission for the provision of a new office facility on this site and am assured by IDA Ireland that they will undertake to actively market it for new investment.
IDA Ireland have also assured me that they are actively engaged with a range of local bodies in the Border region such as the county development boards, local authorities, utility providers, third level institutes and private sector property providers, in order to enhance the attractiveness of the counties as potential sites for new investment. To successfully compete with other locations internationally, it is vital that the regions in Ireland strive to match the requirements of overseas investors. I am confident that the completion of the M3 motorway, which will facilitate access to the airport, will improve the prospects for additional investment and jobs for the people of Cavan and Monaghan.
391 Mr. Connolly asked the Minister for Enterprise, Trade and Employment his views on the recent National Disability Authority report which found that just 37% of disabled people were in employment in 2004 compared with 67% of other adults; and the 3% decline in employment rates for disabled people since 2002; if he proposes to develop a comprehensive strategy to make more employment opportunities for people with disabilities; the way in which he proposes to exceed the Government’s 3% public sector employment quota for disabled people; and if he will make a statement on the matter. [30852/06]
It is widely acknowledged, as in the recent National Disability Authority publication "A Strategy of Engagement" that the participation rates of disabled people in employment are significantly less than those of their non-disabled peers.
The National Disability Authority publication indicated, for example, that between 1997 and 2004 there was an absolute decrease of 62% in the number of long term unemployed welfare recipients, whereas in the case of recipients of welfare payments related to illness or disability the absolute number increased by 42%. For every long term unemployed welfare recipient in 1997 there were 1.1 persons in receipt of a sickness/disability related payment – by 2004 the latter figure had risen to four persons.
The Department is fully committed to addressing the needs of those with disabilities, and furthering the policy of mainstreaming services to help them play a full and active part in Irish society.
In July of this year the Department published its Sectoral Plan as one of six Government Departments required to publish Sectoral Plans under the Disability Act, 2005. The Plan outlines the Department's key initiatives in promoting equal opportunities for disabled people in the employment market, which includes the development of a Comprehensive Employment Strategy for disabled people. Key pillars underpinning this strategy will be enhancing the effectiveness of employment and vocational training programmes for disabled people, and further developing supports for the employment of disabled people. Inter-Departmental collaboration will be a key element of the implementation of the Strategy and this is reflected in Protocols attached to the Sectoral Plan.
The Plan represents a clear move forward in improving access to employment for disabled people, and provides a comprehensive outline of this Department's commitment in this regard.
The Department currently exceeds the 3% requirement under the Disability Act, 2005 for the employment of people with disabilities, with 4.27% of total staff employed having a disability. In addition, all of the agencies under the aegis of the Department are aware of their obligations under the Act and the majority have achieved the 3% target.
The Department is continuing to monitor and record compliance with the 3% quota by the agencies under its aegis, and information in this regard will be transmitted to the National Disability Authority in accordance with the provisions of the Disability Act, 2005. A co-ordinated strategy is in place among the agencies concerned, including the preparation of Codes of Practice on the employment of people with disabilities, and the maintenance of proper records regarding the employment of people with disabilities, subject to confidentiality and privacy requirements.
The Minister for Finance is responsible for policy in relation to the employment of people with disabilities in the Civil Service. I understand that the Department of Finance is working with the National Disability Authority to develop a tool to effectively monitor the number of staff with disabilities employed in the Civil and Public Service. This is being done in consultation with the Disability Liaison Officers Network, which was established to share information between Departments, and which includes the Disability Liaison Officer in the Department of Enterprise, Trade and Employment.
392 Mr. Ferris asked the Minister for Social and Family Affairs the number of people who are currently in receipt of fuel allowance. [30461/06]
Some 264,400 people — 145,800 with basic fuel allowance and 118,600 with smokeless fuel supplement — benefited from the national fuel scheme in 2005 at a cost of €85.4 million. It is estimated that some 274,000 people — 151,000 with basic fuel allowance and 123,000 with smokeless fuel supplement — will benefit in 2006 at an estimated annual cost €125.1 million.
393 Mr. Bruton asked the Minister for Social and Family Affairs when the value of the living alone allowance was last increased; the rise in the consumer price index since that increase; and his view on the future role of this allowance. [30462/06]
The living alone allowance or living alone increase as it is now known, is an additional payment of €7.70 per week made to people aged 66 years or over who are in receipt of certain social welfare payments and who are living alone. It is also available to people under 66 years of age who are living alone and who receive payments under one of a number of invalidity type schemes. The increase is intended as a contribution towards the additional costs people face when they live alone.
The payment was last increased in 1996. From November 1996 to August 2006, the consumer price index rose by 38.1%. The living alone increase is a targeted measure aimed at a particular group of pensioners. The policy in relation to support for pensioners has been, for many years, to give priority to increasing the personal rates of pension rather than focusing on payments such as the living alone increase. This approach ensures that resources are used to improve the position of all pensioners.
The Government is committed to increasing the level of the basic state pension to €200 per week by 2007. Further significant progress towards achieving this target was made in budget 2006, which provided for increases in pensions of up to €14 and €16 per week. The maximum rate of the state pension (contributory), formally the old age contributory pension is now €193.30 per week with the maximum non-contributory pension paid at €182 per week.
394 Mr. Healy asked the Minister for Social and Family Affairs the length of time it is taking to process carer’s allowance applications, carer’s benefit applications, respite care grants and carer’s allowance appeals; and if he will provide additional staff in his Department and the appeals office to ensure these applications are dealt with expeditiously. [30467/06]
My Department is committed to providing a quality customer service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are issued as expeditiously as possible having regard to the relevant eligibility conditions.
Entitlement to carer's allowance is based on the applicant satisfying medical, means and residency conditions. Entitlement to carer's benefit is based on the applicant satisfying medical, PRSI contributions, and employment and residency conditions.
Budget 2005 extended entitlement to the respite care grant to all full time carers irrespective of means or contribution record but subject to certain conditions regarding the provision of full time care and attention. The grant in respect of 2006 is payable to people who meet the qualifying conditions on Thursday 1 June and is payable on or as soon as practicable after that date.
In determining entitlement to carer's allowance, carer's benefit or the respite care grant there are, in certain cases, unavoidable time lags involved in making the necessary investigations and enquiries to enable correct decisions to be made.
Respite care grant has been paid to all eligible people who are in receipt of carer's allowance or carer's benefit. Respite care grant has also been paid to all those who received the grant in 2005 and who are eligible for the 2006 grant. Taken together, this amounts to over 30,000 cases.
Some 900 cases remain to be finalised. These are new claims received from people who are not in receipt of carer's allowance or benefit and who did not receive the respite care grant in 2005. The average time for deciding these claims is currently eight weeks.
The average time for deciding an application for receipt of carer's allowance and carer's benefit is currently 9.1 weeks and eight weeks respectively, although in many cases claims are processed within a far shorter timeframe. The average length of time taken to deal with carer's allowance appeals by the social welfare appeals office in 2005 was 23 weeks. If allowance is made for the 25% most protracted cases, the average time falls to eight weeks.
The processing time for appeals covers all phases of the appeal process including the submission by my Department of its comments on the grounds for the appeal, further advice by the Department's medical assessor in certain cases and the holding of oral hearings.
Circumstances can arise, normally outside the control of the Social Welfare Appeals Office, which can have the effect of unduly prolonging the time taken to process appeals. The staff and other resources available to my Department must be deployed to ensure good customer service, to prevent fraud and abuse of the schemes and to achieve value for money. My Department is engaged in an ongoing process to ensure that available resources are prioritised to the greatest extent possible on front line service delivery and to ensure that the best possible standard of response is provided across the range of schemes and services.
395 Mr. Deenihan asked the Minister for Social and Family Affairs if he will extend the qualifying categories of persons in need of companion passes to include people who have been diagnosed with Alzheimer’s disease; and if he will make a statement on the matter. [30468/06]
The free travel scheme is available to all people living in the State aged 66 years or over. All carers in receipt of carer's allowance and carers of people in receipt of constant attendance or prescribed relative's allowance, regardless of their age, receive a free travel pass. It is also available to people under age 66 who are in receipt of certain disability type welfare payments, such as disability allowance, invalidity pension and blind person's pension. People resident in the State who are in receipt of a social security invalidity or disability payment from a country covered by EU regulations, or from a country with which Ireland has a bilateral social security agreement, and who have been in receipt of this payment for at least 12 months, are also eligible for free travel.
The free travel companion pass entitles the pass holder to have any one person, aged 16 years or over, to accompany him/her free of charge when travelling. Such companion passes are available to persons who qualify for free travel and who, on account of their disability, are unable to travel alone. These eligible for a companion pass include people who are receiving full-time care and attention from someone who is in receipt of a carer's allowance; people aged 75 years or over, who are medically unfit to travel unaccompanied; people who are blind or severely visually impaired; and people in receipt of certain social welfare type illness or disability payments.
Further extensions to the free travel scheme could only be considered in a budgetary context and taking account of the financial and other needs of those not covered by the existing arrangements.
396 Mr. G. Murphy asked the Minister for Social and Family Affairs the situation regarding an application for disability allowance for a person (details supplied) in County Cork. [30531/06]
The person concerned applied for disability allowance on 10 April 2006. The deciding officer disallowed the claim on 30 June 2006 on the grounds that the person's means exceeded the means limits for that scheme. The means in question are derived from farming, where there is a disregard of the first €580 of weekly income for a married couple in carers cases, while claimants for disability allowance are assessed with half the net income.
She appealed against this decision to the social welfare appeals office. Having considered all of the available evidence, the Appeals Officer disallowed her appeal on 28 September 2006 and she was notified of the decision on that date.
Under social welfare legislation decisions in relation 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.
397 Mr. Stanton asked the Minister for Social and Family Affairs the travel restrictions in place for free travel pass holders in comparison to other public transport users; and if he will make a statement on the matter. [30686/06]
I recently announced that all time based restrictions on travel on public transport services for holders of free travel passes were officially lifted with effect from 25 September 2006. This has removed morning and evening peak-times restrictions for holders of free travel passes, which have been in existence for almost 40 years.
398 Mr. Stanton asked the Minister for Social and Family Affairs if his plans to expand the free travel scheme to allow free travel pass holders to purchase return train tickets; the reason free travel pass holders are not allowed return tickets; and if he will make a statement on the matter. [30687/06]
It is CIE policy to restrict free travel pass holders to day return tickets only, when travelling by train. Where a return journey is not made on the same day CIE policy dictates that a single journey ticket is required for each journey, while any change in this policy is a matter for CIE, the issue is being taken up by my officials.
399 Mr. Stanton asked the Minister for Social and Family Affairs the measure and controls his Department and transport operators participating in the free travel scheme have in place to combat fraud; and if he will make a statement on the matter. [30687/06]
My Department is conscious of the need to control and prevent abuse of the free travel scheme. In the first instance, any abuse of the scheme is a matter for direct control by the transport operators concerned. However the Department co-operates to the greatest extent possible with transport operators in dealing with fraud and abuse of the system.
Transport operators are continually updated on the different type of passes available to the different categories of customers. They are also advised to contact the Department in suspected cases of misuse.
While the current free travel pass does not display a photograph, holders in Dublin, Cork, Limerick, Galway and Waterford must obtain an ancillary photo pass from CIE in order to use the CIE Group services. This photo pass is obtained free of charge by eligible pass holders with the cost being met by the Department.
My Department is currently working towards the introduction of a more secure free travel card which will include photo identification and this is expected to be introduced during 2007. The introduction of this new card will include improvements to the registration process and make use of technology to provide better customer service and better security features, thereby considerably reducing the potential for fraud.
400 Mr. Ring asked the Minister for Social and Family Affairs if he will amend the €100 disregard of means from employment in respect of non-contributory pensioners and widows to include self-employment or farming income; if the disregard criteria is discriminatory against farming widows; and if he will make a statement on the matter. [30762/06]
In the last budget, I announced a wide range of important measures for non-contributory pensioners, including farmers. These included: an increase of €16 per week (9.6%) for all non-contributory pensions, which means that significant progress has been made towards the achievement of the government's commitment to bring the basic state pension to over €200 per week by 2007; an increase in the fuel allowance by €5 per week (56%), from €9 to €14, and an increase in the over-80 allowance by €3.60 per week (also 56%), from €6.40 to €10.
I also announced that I proposed to establish, with effect from September last, a new pension scheme, to be known as the State pension non-contributory. This replaces the old age non-contributory pension and, for recipients aged 66 and over, blind pension, widower's pension, one parent family payment, deserted wife's allowance and prisoner's wife's allowance. This initiative will cost €20 million in a full year.
All these schemes currently feature a common means disregard of €7.60 per week, which has not increased since the 1970s. This general disregard is being significantly increased in the new non-contributory pension to €20 per week, an increase of €12.40 per week. Approximately, 34,000 pensioners who are currently in receipt of a reduced rate of payment will gain from this change, including many thousands of farmers and farming widows. Persons in receipt of the personal rate of pension will benefit by up to €12.50 per week while an additional 1,900 pensioners with a qualified adult will gain by up to €20.80 per week. These increases are effective from Friday 29 September.
The State pension (non-contributory) and the existing widow's and widower's non-contributory pension also has a specific additional earnings disregard of €100 per week where the pensioner is in employment i.e. working for an employer. This disregard is intended as an initial incentive to facilitate non-contributory pensioners who wish to continue working, or to re-enter the workforce. It means that the first €100 of weekly earnings will not be taken into account when assessing entitlement to the new pension.
The budget did not provide for the proposed disregard to apply to income from any other source such as self-employment including farming or rents from leasing property. Income from sources other than employment, including pensions and capital, is covered by the enhanced general means disregard of €20 per week referred to above. In contrast to persons in employment, any expenses necessarily incurred in carrying out any form of self-employment have always been disregarded when calculating means from self-employment. This means that such earnings are assessed net of expenses incurred by the person in the course of their work.
It should also be noted that there are special arrangements for farmers participating in the REPS and SACS schemes. The first €2,540 of all income from these schemes is not assessable for means test purposes and 50% of any balance is assessed. Any expenses necessarily incurred to participate in these schemes are also disregarded.
By any standards, the levels of increases and revised means test arrangements announced in the budget were exceptional. Any further improvements such as the enhancement of disregards for farmers and others would have to be considered in a budgetary context.
401 Dr. Cowley asked the Minister for Social and Family Affairs if there is assistance available to a person (details supplied) in County Mayo; his views on whether the eligibility criteria of the respite care grant should be extended; and if he will make a statement on the matter. [30771/06]
Supporting and recognising carers in our society has been a priority of the Government since 1997. Over that period, weekly payment rates to carers have been greatly increased, qualifying conditions for carer's allowance have been significantly eased, coverage of the scheme has been extended and new schemes such as carer's benefit and the respite care grant have been introduced and extended.
One of the fundamental qualification conditions for carer's allowance is that the applicant must be providing full time care and attention to a person who needs such care. Since the introduction of the carer's allowance scheme this full time care and attention requirement has been eased in order to facilitate carers in engaging in employment, education or training.
Until June this year people could engage in employment outside the home for up to 10 hours per week and still qualify for payment. Since then, I have increased the number of hours a person can engage in employment, self-employment, training or education outside the home and still satisfy the qualifying conditions for payment, from 10 to 15 hours per week. This improvement applies to carer's allowance, carer's benefit and the respite care grant.
In 2005 I extended the respite care grant to all those providing full time care and attention regardless of means or household composition. Since then a grant has been paid in respect of each person for whom the carer is providing full time care and attention. In Budget 2006 I increased the level of the grant and it is now paid at €1,200 per year in respect of each care recipient.
The person to whom the Deputy's question refers is employed outside the home for 32 hours per week and, as such, does not meet the qualifying conditions for the respite care grant. The Health Services Executive (HSE) is responsible for the provision of respite care services. The lady in question may be eligible for some of those services and I would suggest she contact her local HSE office in that regard.
I am always prepared to consider changes to existing arrangements where these are for the benefit of recipients and financially sustainable within the resources available to me. I will continue to strive to bring forward proposals that recognise and support the valued and valuable contribution of all carers in a tangible way.
402 Mr. Naughten asked the Minister for Social and Family Affairs the reason an applicant has to be in receipt of a qualifying social welfare payment the day before their course starts to qualify for back to education allowance; and if he will make a statement on the matter. [30772/06]
The back to education allowance or BTEA is a second chance education opportunities scheme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force. The purpose of the allowance is to replace the weekly social welfare payment that the applicant will have been receiving. The allowance is not payable to people who are not social welfare recipients. The requirement to which the Deputy refers is designed to ensure that the BTEA is targeted appropriately.
At present, to qualify for participation in the scheme an applicant must be, prior to commencing an approved course of study, at least 21 years of age (18 for people with disabilities). Lone parents and unemployed persons may access the scheme at 18 years if they are out of formal education for 2 years or more. An applicant must also be in receipt of a relevant social welfare payment for at least six months, in the case of people wishing to complete a second level course, or twelve months in the case of people wishing to pursue third level qualifications. The twelve month requirement is reduced to nine in the case of people who wish to attend a third level course and who are participating in the National Employment Action Plan.
The requirement to be in receipt of a relevant social welfare payment for a minimum period has always been a feature of the BTEA scheme and is considered necessary to ensure that limited resources are directed at those most in need.
403 Mr. Stanton asked the Minister for Social and Family Affairs if he has had contact with any group that supports fathers; the support that his Department makes available to any such group; and if he will make a statement on the matter. [30776/06]
In the current year, I have met with one group representing unmarried fathers. The group in question, the Unmarried Fathers of Ireland, received funding in 2005 from the Agency. The Unmarried Fathers of Ireland received a grant of €3,000 towards the provision of counselling. Another group, the Unmarried and Separated Fathers of Ireland, received a grant for €4,000 towards the provision of marriage and relationship counselling. Also in 2005, Parental Equality received the third instalment of a three year budget allocation of €20,000 per year for the provision of a parenting course.
The Unmarried and Separated Fathers of Ireland has corresponded with me this year on a number of issues of relevance to their members and has also been advised by my officials that core funding for voluntary groups is not available from my Department. None of the groups mentioned above has applied for funding under the 2006 grants scheme administered by the Family Support Agency.
Two other fathers' groups were funded by my Department in 2005 under the Family Services Project, which aims to provide a high quality information service on the range of supports available to families from state agencies and from the voluntary and community sector with a particular emphasis on the services available locally. The Tallaght Flexible Unit received €15,000 in February 2005 for a programme aimed at improving unemployed men's role as fathers and the Vulnerable Fathers Support Group in Sligo received €2,310 in September 2005.
404 Mr. Durkan asked the Minister for Social and Family Affairs the position in relation to an application for disability allowance in the case of a person (details supplied); and if he will make a statement on the matter. [30777/06]
Qualification for Disability Allowance depends on an applicant passing a medical examination and a means test. An applicant must be found to have an injury, disease, illness or physical or mental disability that has continued or may be expected to continue for at least one year.
The applicant concerned was examined by a Medical Assessor of my Department on 5/9/2006 and found to be not substantially restricted by reason of a specified disability which is likely to continue for at least a year. The applicant has been advised of his right of appeal to the independent Social Welfare Appeals Office.
405 Mr. Wall asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Kildare does not qualify for a back to school allowance; and if he will make a statement on the matter. [30835/06]
The back to school clothing and footwear allowance (BSCFA) scheme is administered on behalf of my Department by the Community Welfare division of the Health Service Executive.
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 service executive 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 weekly income limit appropriate to a couple with three children is EUR 480.00.
The Health Service Executive has advised that it has disallowed an application by the person concerned as her household income was above the prescribed EUR 480.00 limit for entitlement to the allowance. It is open to her to appeal this decision to the area appeals officer of the Executive.
406 Mr. Connolly asked the Minister for Social and Family Affairs his views on the inability of working parents on the minimum wage to qualify for financial support with average bills of over €1,300 per child for school uniforms, footwear and school books; if the guidelines for the back to school clothing and footwear allowance will be adjusted to enable these parents to meet rising costs; and if he will make a statement on the matter. [30844/06]
The back to school clothing and footwear allowance scheme (BSCFA) operates from the beginning of June to the end of September each year and is administered on behalf of my Department by the Community Welfare division of the Health Service Executive. Applications for the allowance may be made between the beginning of June and the end of September each year.
The BSCFA scheme provides a one-off payment to eligible families to assist with the extra costs when their children start school each autumn. The allowance is intended as a contribution towards meeting the cost of school clothing and footwear. The issue of school books are a matter for the Department of Education and Science and that Department separately operates a book grant scheme for primary and secondary schools.
In order to qualify for payment of back to school clothing and footwear allowance, a person must be in receipt of a qualifying social welfare or Health Service Executive payment, be participating in an approved employment scheme or attending a recognised education and training course and have household income at or below certain set levels.
Family income supplement is a qualifying payment for these purposes. The amount of FIS paid is not assessed against the applicant in the BSCFA means test. The income limits for a couple with one child is EUR 441.40 per week while for a lone parent with one child is EUR 314.90. A person working a 40 hour week at the national minimum wage would satisfy this means test. It is estimated that some 78,000 families will benefit under the scheme this year at a cost of EUR 25m.
Budget 2006 provided for a number of improvements to the scheme. These include an increase of EUR 40 in the rate payable which means that, from June 2006, an allowance of EUR 120 is payable in respect of qualified children aged from 2 to 11 years and EUR 190 in respect of qualified children aged from 12 to 22 years. This represents an increase of 50% and 26% respectively over the amount paid last year. They also include an extension of entitlement to the back to school clothing and footwear allowance to recipients of guardian's (formerly orphan's) payments for the first time; and an increase in the additional income disregard for entitlement to the scheme from EUR 50 to EUR 100.
The new income limits for the BSCFA scheme for 2006 are based on the maximum rate of state pension (contributory) (under 80) plus EUR 100 in the case of married and cohabiting couples; and the maximum rate of widow's/widower's contributory pension (under 80) plus EUR 100 for lone parents, plus child dependant allowance in each case.
It might be noted that these improvements in BSCFA are very significant when viewed in the context of clothing and footwear price trends. According to the Consumer Price Index for August 2006, the overall cost of clothing and footwear has fallen by 3.6% over the past twelve months. Since December 2001, clothing and footwear costs have decreased by 18.8%.
I consider the back to school clothing and footwear allowance scheme to be an important support for parents at a time of particular financial strain. I am satisfied that the improvements to the scheme for this year provide a major boost to meeting the financial costs associated with return to school for those who most need assistance. Any further improvements to the scheme, including the issue of extending the allowance to employed parents on low income, would have to be considered in the context of the Budget and in the light of resources available to me for improvements in social welfare payments generally.
407 Mr. Ring asked the Minister for Social and Family Affairs the date a person (details supplied) in County Mayo made a claim for unemployment; the date their payment commenced; if there is money due to them for the period from when the claim was lodged to when their payment actually started. [30864/06]
The person concerned applied for unemployment assistance on 4 July 2006. His claim is currently being examined. Upon completion of enquiries a decision will be made and he will be notified of the outcome. He is currently in receipt of supplementary welfare allowance at the weekly rate of €165.80.
Under Social Welfare legislation decisions in relation 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.
408 Mr. Deenihan asked the Minister for Social and Family Affairs if the Government intends to redeploy community welfare officers from the Health Service Executive to his Department; and if he will make a statement on the matter. [31002/06]
The supplementary welfare allowance scheme is administered by the Community Welfare Service of the Health Service Executive on my behalf. The establishment of the Health Service Executive prompted a fresh consideration of the role and structure of the Community Welfare Service, and of the most appropriate location for the service in the future.
The Commission on Financial Management and Control Systems in the Health Service noted 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 decided to ask an interdepartmental group to examine this issue. The report of the interdepartmental group was subsequently submitted to, and accepted by, the Government. The report recommends, among other things, that income support and maintenance schemes, together with associated resources, should be transferred to my Department. I welcome this decision as it provides an opportunity to bring about positive change for customers and staff and it is, I believe, a logical approach to provision of these services.
Given the organisational, human resource and industrial relations implications of the transfer proposal, consultations with all stakeholders is part of the process to implement the decision. In this regard, a working group comprising officials from my Department, the Department of Finance, the Department of Health and Children and the Health Service Executive, has been established and is progressing its implementation.
The working group is undertaking extensive consultation with all relevant stakeholders and will continue to do so throughout the programme of change. This will include consultation with those who deliver the service and service users. A priority in the context of the transfer process will be to support the high standard of service currently provided by staff in the community welfare service.
The transfer is a major change for all involved but I am confident it will be embraced successfully and will ultimately further enhance the delivery of service to our customers, in particular those most disadvantaged in the community.
409 Ms Harkin asked the Minister for Social and Family Affairs if the Irish State is responsible for paying sick benefit to non-Irish EU citizens working in Ireland, who due to illness are unable to continue working and must return home; if this is an ongoing situation; and if he will make a statement on the matter. [31094/06]
The social security rights of people living and working in the EU are governed by EU Regulations 1408/71 and 574/72. The Regulations co-ordinate social security systems and are designed to ensure that people are not disadvantaged by moving within the EU to take up work. This is achieved primarily by setting out rules as to which State's social security system a person will pay contributions to when, for example, s/he moves from one Member State to another to take up work or where s/he lives in one State and works another. In addition, the Regulations also set out rules as to which State will pay benefit in the event of the usual contingencies arising, sickness, unemployment, old-age etc.
The general rule is that a person is insured in the State in which s/he works. Equally, the state of employment has, in general, responsibility for paying benefits when, for example, a person becomes ill. The Regulations also provide that when entitlement to benefit is being examined account must be taken of insurance paid in any other Member State where the person worked.
As a general rule, a person who has worked in Ireland and who meets the qualifying conditions for Illness Benefit may continue to receive that benefit in accordance with Irish legislation regardless of which Member State the person is residing or staying in.
410 Mr. Stanton asked the Minister for Social and Family Affairs with regard to the new non-contributory state pension, if there has been a change in the maximum amount of capital a pensioner with absolutely no other means can have and still qualify for a pension at the maximum rate; if there has been a change in the maximum amount of capital a pensioner couple with absolutely no other means can have and qualify for a pension at the maximum rate; if so, the breakdown of how capital is now being assessed; and if he will make a statement on the matter. [31097/06]
411 Mr. Stanton asked the Minister for Social and Family Affairs with regard to the new state pension, if the increase in weekly means disregard from €7.60 to €20.00 necessitated a change in the means assessment calculations; if so, the details of same; and if he will make a statement on the matter. [31100/06]
I propose to take Questions Nos. 410 and 411 together.
On the 28th of September 2006 I was pleased to introduce a new enhanced standard State Non-Contributory pension. The changes announced take effect from Friday, 29th September for those over 66 years and include significant increases in the means disregard from €7.60 per week to €20 per week.
Over 30,000 pensioners who were in receipt of a reduced rate of payment have gained from this change. The changes were automatically applied by my Department without inconvenience to the pensioner. The increase in the personal rate of payment for the pensioners benefiting from this change will be up to €12.50 per week while the qualified adult rate, where applicable, will increase by up to €8.30 per week.
No change in means assessment has been required as a result of the increase in the means disregard to €20 per week, with means assessment calculations continuing to be made as heretofore before applying the disregard to the total weekly means assessed. Hence a single person, with no other means, will be able to have up to €36,000 in capital and still qualify for a pension at the maximum rate. This figure is doubled in the case of a pensioner couple.
Capital is assessed from the savings, investments, cash-on-hands and property (excluding the pensioners own home). The value of all of these items is added together and a formula is applied to their total value to calculate the weekly means as follows:
|
Capital amount |
Weekly means assessment |
|
First 20,000.00 |
Nil |
|
Next 10,000.00 |
1.00 per 1,000.00 |
|
Next 10,000.00 |
2.00 per 1,000.00 |
|
Excess 40,000.00 |
4.00 per 1,000.00 |
412 Mr. Stanton asked the Minister for Social and Family Affairs with regard to the €100 income disregard of the new state pension, the breakdown of the way income above this amount will be assessed by his Department and used to decrease the pension rate payable; and if he will make a statement on the matter. [31101/06]
413 Mr. Stanton asked the Minister for Social and Family Affairs with regard to the new state pension, the impact earnings of €100 per week from insurable employment will have on the pension rate payable to a pension with €35,000 capital in the bank and no other means; and if he will make a statement on the matter. [31102/06]
I propose to take Questions Nos. 412 and 413 together.
In the last Budget, I announced a wide range of important measures for non-contributory pensioners. These included a significant increase in the means disregard from €7.60 per week to €20 per week. Consequent on the increase in the means disregard to €20 per week a single person, with no other means, can have up to €36,000 in capital and still qualify for a pension at the maximum rate. These figures are doubled in the case of a pensioner couple.
As part of the pension reforms, I also announced a specific additional disregard of €100 per week where the pensioner is in employment. This new disregard, relating to earnings from employment, is intended as an incentive to facilitate non-contributory pensioners who wish to continue working, or to re-enter the workforce.
The effect of this disregard is that the first €100 of weekly earnings from employment that a pensioner has will be disregarded from the means test. A similar disregard will apply to the pensioner's spouse or partner. The disregard will also apply to people under age 66 who are in receipt of a widow/er's non-contributory pension, deserted wife's allowance and prisoner's wife's allowance.
The rate of pension awarded is based on a means test and income above €100 of earnings is included for the assessment of means. Also included is the value of capital (such as savings and investment) and property (other than the pensioners own home.)
Once the weekly means of the pensioner have been established, the weekly income disregard of €20 is applied. Any income amount remaining after the disregards have been applied reduces the maximum pension payable, based on a scheduled table of income bands. Each increase in weekly means of amounts up to €2.50 has the effect of reducing the pension payable by €2.50 per week. In a case such as the example quoted, where a pensioner has earnings from employment of up to €100 per week and capital of €35,000 with no other means, a pension at the maximum rate is payable.
414 Mr. P. Breen asked the Minister for Transport if he intends to intervene with the Dublin Airport Authority regarding its policy of curtailing and closing essential services at Shannon Airport, having described the closure of the airport’s public bar as petty; and if he will make a statement on the matter. [30212/06]
The management and operation of Shannon Airport is a day to day matter for the Dublin Airport Authority and I have no function in relation to the issues raised by the Deputy.
415 Mr. Neville asked the Minister for Transport the details of performance audits on port companies which were completed in 2004 as required by statute. [30597/06]
Performance audits of the State port companies are not required by statute. Section 29 of the Harbours Act 1996 provides that such audits may take place, but there is no obligation on the Minister to do so. A performance audit was competed in spring 2001. Submission of this audit report to Government was delayed due to legal actions. However, the report was approved by Government and laid before the Oireachtas in July 2006.
In summary, the audit found that the eight State port companies operating in 2001 managed very different ports; that the companies had successfully accommodated rapid traffic growth; were generally adapting to a more commercial mindset; and were becoming cost efficient and customer focused.
The Department has no plans at present to commission another composite performance audit of all the State port companies. The Department believes that, having regard to the number and diversity of the State port companies, individual monitoring and targeted intervention where necessary is more efficient and cost effective.
The performance of each port company is closely monitored by the Department through the mandatory annual reporting requirements.
416 Mr. Hogan asked the Minister for Transport when a driving test will be arranged for a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [30718/06]
Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority has responsibility for the delivery of the driving test and the issuing of certificates of competency. The Deputy's enquiry has been referred to the RSA for direct reply to him.
417 Mr. Hogan asked the Minister for Transport when a driving test will be arranged for a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [30719/06]
Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority has responsibility for the delivery of the driving test and the issuing of certificates of competency. The Deputy's enquiry has been referred to the RSA for direct reply to him.
418 Mr. Howlin asked the Minister for Transport if he will provide funding for the dredging of Rosslare Harbour Europort; if an application for funding for this work has been received in his Department; and if he will make a statement on the matter. [30470/06]
The Government's Ports Policy Statement, which I launched early last year, sets out current policy in relation to the ports sector, including the funding of port infrastructure developments.
The Policy Statement states that the state owned ports, as commercial entities, should be capable of funding their operations and infrastructure requirements without relying on Exchequer support. Such funding, if available, would only be considered after other funding opportunities available to the ports themselves were fully exhausted (e.g. through efficiencies, optimum use of existing resources, port charge adjustments, borrowings and private sector investment).
No application for funding has been received by my Department from Rosslare harbour. Rosslare did make a detailed submission outlining various proposals for new capacity in a recent study into port capacity carried out by consultants on behalf of my Department. The Department will closely monitor the progress of the proposals put forward, including Rosslare's.
419 Ms Shortall asked the Minister for Transport if he will publish the expenditure review of Coras Iompair Éireann (details supplied); and ensure a copy is placed in Houses of the Oireachtas library. [30540/06]
The report referred to by the Deputy is under consideration in my Department as part of the review of CIÉ subvention being undertaken in the context of the expenditure review process. The report will be published when the review has been completed.
420 Ms O. Mitchell asked the Minister for Transport the Act or Statutory Instrument which requires the use of booster seats in cars carrying children. [30541/06]
The European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 (S.I. No. 240 of 2006) requires, inter alia, that children travelling in cars and goods vehicles must be restrained in appropriate child restraints. A booster seat would be an appropriate restraint for children in the 15 to 25 kilogram weight range. The regulations transpose EU Directive 2003/20/EC relating to the compulsory use of safety belts in motor vehicles into Irish law.
421 Mr. Connolly asked the Minister for Transport the steps he proposes to take to reduce the waiting period for driving tests from its current 11 month average period in Counties Cavan and Monaghan; his views on whether a significant reduction can be achieved by the end of 2006; and if he will make a statement on the matter. [30845/06]
I refer the Deputy to my reply to Question 56 on Thursday 28 September 2006. I understand that as a consequence of the appointment of additional driver testers that the average waiting time in the Cavan and Monaghan test centres at the 18 September were 13 weeks and 9 weeks respectively. Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority now has responsibility for the delivery of the driving test and the issuing of certificates of competency.
422 Mr. Connolly asked the Minister for Transport the rationale behind the refusal by a company (details supplied) at Dublin Airport to allow two passengers in a family travelling together to pool their baggage weight when checking in, while they permit this practice at their European destination airports; if he proposes to intervene with the airline in this regard; and if he will make a statement on the matter. [30846/06]
This is a contractual matter between the passenger and the airline. My Department has no role or function in this area.
423 Mr. Durkan asked the Minister for Transport the extent to which commuters from Dublin to Kilcock can or will be accommodated in the context of Transport 21 or otherwise and as planned; and if he will make a statement on the matter. [30847/06]
A number of projects under way or in planning under Transport 21, will be of significant benefit to commuters on the Kilcock to Dublin route. Railway services to Kilcock have benefited from the major investment in recent years on the Dublin-Sligo line, where, since 1999, over €150 million has been invested. This investment has funded track renewal, re-signalling, level crossings, platform lengthening and other safety investment. Investment also covered the new rail car fleet introduced in December 2005 on the route, which delivered an increase in services from three each way per day to five each way per day.
In 2005, Iarnród Éireann placed orders for 150 high-specification Intercity rail cars, funded under Transport 21, at a cost of €322 million, to serve the national Intercity network, including Dublin-Sligo. These rail cars are set to enter service during 2007 and 2008, with Dublin-Sligo scheduled to be the first route to benefit from the new fleet in 2007. This will enable services to increase on the route to every two hours each way.
The M4 Leixlip to M50 junction road scheme is scheduled to commence construction in 2007. This scheme will involve the widening of the N4 to 3 lanes from the M50 roundabout to the existing M4 Motorway at Leixlip, with the provision of a grade-separated interchange (flyover) at the Newcastle Road junction.
This work comes in addition to the substantial upgrading which has already been undertaken on this route in recent years including the bypass of Kilcock itself. The works now being planned will further increase the capacity of this route to deal with the growing number of commuters living in the catchment area of the N4.
Phase 1 of the M50 Upgrade Project has started on the carriageway between the N7 and N4 interchanges and is due for completion in mid-2008. Phase 1 includes the replacement of the existing M50/N4 roundabout with a freeflow junction which, coupled with the N4 widening works, should result in improved traffic flow from the M4/N4 to the city centre and via the upgraded M50 to the greater Dublin Region.
424 Mr. Connolly asked the Minister for Transport his views on the deficit of €329 million in the Aer Lingus pension fund; if he proposes to meet with Aer Lingus management to ascertain the reasons for the deficit; and if he will make a statement on the matter. [30848/06]
The pension scheme in question is the Irish Airlines Superannuation Scheme. Issues relating to the scheme are matters for the trustees of the scheme, the companies involved and the scheme members to address having regard to the Trust Deed and the rules of the scheme. Furthermore, having regard to the fact that Aer Lingus is now a publicly listed company, it would not be appropriate for me to comment on the issue raised.
425 Mr. Connolly asked the Minister for Transport his views on the recent European Transport Safety Council survey that placed Ireland seventh from bottom among EU countries for the reduction of road deaths since 2000; the way in which he proposes to attain the EU target of cutting road deaths by 50 per cent by 2010; and if he will make a statement on the matter. [30849/06]
The primary target of the Governments Irish Road Safety Strategy 2004 – 2006 is to reduce road deaths to no more than 300 per annum by the end of 2006. The most recent European Transport Safety Council report ranks Ireland 7th from the bottom of EU countries in terms of improving road safety over the last four years. The Report states that "in Ireland traffic deaths are on the rise following the positive development in 2002/2003". The latter relates to the period when penalty points were first introduced and rigorously enforced.
The report does not reflect the key changes in the road safety areas that I have introduced in 2005 and 2006. As Minister I have put in place a combination of measures and road safety campaigns which are in line with those countries which have achieved the best results in terms of road safety. The Government is working to reduce the level of road deaths through a number of key initiatives that have been implemented during the last two years. We have invested millions in new, improved and safer roads. A major extension of the application of the penalty points system to a total of 36 offences, has been implemented with a continued focus on driver behaviour and key safety issues. Fixed charges now apply to almost 60 offences. The Road Traffic Act 2006 includes a number of the key measures. These include the provision enabling Mandatory Alcohol Testing (MAT) checkpoints to be set up, a ban on the use of hand-held mobile phones while driving, and the legislative provision supporting the operation of privately operated speed cameras. This legislation addresses issues outstanding in the current Road Safety Strategy that required primary legislation particularly in the key problem areas of drink driving and speeding. Fixed charges and penalty points apply to the offence of driving while using a mobile phone since 1st September 2006. The Road Safety Authority is now in place. This provides a focus for a wide range of road safety related matters that were previously spread across the Department of Transport, the National Safety Council and the National Roads Authority.
A dedicated Garda Traffic Corps, established at the end of 2004, and headed by an Assistant Commissioner, has been significantly augmented in 2005 and 2006. At the start of 2006, the total dedicated strength of the Garda Traffic Corps stood at 520 all ranks. By 2008, a total of 1,200 gardaí will be part of the Traffic Corps.
In a signal that road safety is now at the very top of the political agenda, the Government has replaced the official's High Level Group with a Ministerial Committee on Road Safety under the chairmanship of the Minister for Transport and including the Ministers for Justice, Finance, Health, Education and the Attorney General. This Committee has met on a number of occasions to pursue an integrated approach on all cross cutting issues.
While I am conscious that the EU target of cutting road deaths by 50% over a ten year period will be difficult to achieve, we will continue to work towards this target. Since 1998, Ireland has seen an overall reduction 13% reduction in road fatalities despite a 41% increase in the number of vehicles and a 21% increase in drivers. The number of road deaths in August 2006 at 17 is the lowest number for any month since November 1999. The August 2006 figure can be compared in the same month in 2005 and 35 in 2004. 22 people lost their lives this September compared to 31 in September 2005. The level of collisions has also fallen. The downward trend follows the introduction of roadside Mandatory Alcohol Testing in July.
While it is important not to base trends on two months' statistics, the reduction is a very positive development and it is hoped the increase in the levels of enforcement will continue to have a significant deterrent effect on those who would otherwise drink and drive and the downward trend in the level of deaths will continue.
426 Ms Shortall asked the Minister for Transport further to Parliamentary Question Nos. 174, 175 and 176 of 21 June, 2006 if he is in a position to provide the information requested. [30850/06]
The information requested was sent to the Deputy on the 29th September 2006. I am arranging for a further copy of the information to be sent to the Deputy.
427 Ms Shortall asked the Minister for Transport the number of buses in the Dublin Bus fleet by age given at intervals of one year. [30865/06]
428 Ms Shortall asked the Minister for Transport the number of buses in the Bus Éireann fleet by age given at intervals of one year. [30866/06]
429 Ms Shortall asked the Minister for Transport the average, median, lower and upper quartiles, and range of milage of buses in the Dublin Bus fleet. [30867/06]
430 Ms Shortall asked the Minister for Transport the average, median, lower and upper quartiles, and range of milage of buses in the Bus Éireann fleet. [30868/06]
I propose to take Questions Nos. 427 to 430, inclusive, together.
My Department has asked Dublin Bus and Bus Éireann to compile the information sought and to forward it to the Deputy directly.
431 Ms Shortall asked the Minister for Transport the maximum number of hours a bus driver may work in one week and in one day and the statutory instrument in which this is set down. [30869/06]
The average weekly working time for the driver of a passenger vehicle may not exceed 48 hours calculated over a 4 month reference period. Weekly working time may be extended to 60 hours in any one week if, over the reference period, the average of 48 hours is not exceeded. There is no daily working limit specified in legislation except in cases where drivers are engaged in night work. If any night work is performed then the daily working time must not exceed 10 hours. A driver of a passenger vehicle may not, however, drive for more than 9 hours a day. This can be extended to 10 hours twice a week.
Legislation:
There are different EU Directives and Regulations concerned with the regulation of Working Time and Drivers Hours. Details as follows: Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities; European Communities (Organisation of Working Time of Persons Performing Road Transport Activities) Regulation 2005 (S.I. No. 2 of 2005); Council Regulation (EEC) No. 3820/85 on the harmonisation of certain social legislation relating to road transport; and European Communities (Road Transport) Regulations 2006; (S.I. No. 88 of 2006).
432 Ms C. Murphy asked the Minister for Transport the time-frame within which the development of rail services on the Kildare railway line planned by his Department will occur; the progress on the railway order Kildare line; and if he will make a statement on the matter. [31074/06]
I refer the Deputy to my reply to Question 1127 on Wednesday, 27th September, 2006.
433 Ms C. Murphy asked the Minister for Transport the way in which it is intended to fund provision of car parking at suburban train stations; and if he will make a statement on the matter. [31076/06]
The provision of appropriately located Park and Ride facilities is an important element of Transport 21 and very significant funds have been set aside under Transport 21 for this purpose. Well-located park and ride facilities can contribute significantly to modal shift to public transport. Carefully chosen park and ride sites will be a feature of each of the major rail based public transport projects under Transport 21, such as Metro North, Metro West, the extended Luas Green line, Kildare Route Project and the Navan Line. QBC based Park and Ride facilities will also be located at other strategic locations.
I have approved a strategy prepared by the Dublin Transportation Office for Park and Ride facilities on the existing and proposed rail network in the Greater Dublin Area. Local Authorities are examining the most suitable locations for QBC based Park and Ride facilities and will be applying to my Department for funding under Transport 21 for the capital cost of such facilities in due course.
Iarnród Éireann is developing a prioritised Park and Ride development programme, taking account of the Dublin Transportation Office strategy for the development of rail based Park and Ride facilities. Iarnród Éireann is at present expanding its Park and Ride facilities at Ennis, Mallow and at Leixlip/Louisabridge on the Maynooth line, as these stations were viewed as being in immediate need of expanded Park and Ride facilities. In addition, as part of its Kildare Route Project, Iarnród Éireann will be providing park and ride facilities at the new stations to be located at Adamstown, Kishogue, Fonthill Road and Parkwest.
This year, my Department is providing approximately €1.2 million for these works in Leixlip, €0.7 million for Ennis and €1.3 million for Mallow. The Railway Procurement Agency has already provided Park and Ride facilities at Red Cow on the Red Line and at Sandyford and Balally on the Green Line, as part of the development of the first Luas lines. The Agency is in the process of providing further Park and Ride facilities on the Red Line at Tallaght. Suitable Park and Ride sites for new Luas and Metro projects will be identified as part of the process of selecting route alignment.
434 Ms C. Murphy asked the Minister for Transport the discussions which have taken place between his Department and the owners of the West Link Toll Plaza regarding the manner in which tolls are collected and regarding the abolition of those tolls; if he anticipates that the West Link will be toll free within the next year; and if he will make a statement on the matter. [31077/06]
In 2005, I had two meetings with representatives of NTR. Both meetings dealt with the issue of congestion at the West-Link Bridge and the options for a speedy transition to barrier free tolling. In the course of both meetings, I emphasised the critical importance of moving to barrier free tolling as quickly as possible.
In addition to the foregoing, my Department has had contact with NTR in relation to the State's share of the West-Link toll revenues and with NTR and other toll operators in relation to legislative changes necessary to support enforcement of a barrier free toll regime.
As the Deputy is aware, the statutory power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements with private investors in respect of national roads, including the M50, is vested in the National Roads Authority (NRA) under Part V of the Roads Act 1993 (as amended by the Planning and Development Act 2000).
In that context, last January, the NRA decided to replace the West-Link toll on the M50 by a single-point barrier free toll in 2008. The installation of barrier-free tolling is a crucial element of the M50 upgrade which is underway at present. The NRA has initiated a tender competition for the provision of barrier free tolling services with the objective of having barrier free tolling arrangements operational on the M50 by mid 2008.
I expect that significant improvement in the situation on the M50 will take place in 2008 with the introduction of barrier free tolling, together with the completion of Phase 1 of the upgrade on the road section between the N4 (Galway Road) and Ballymount interchanges along with the interchanges themselves. Further improvement will take place on completion of the later phases of the upgrade in 2010.
435 Mr. Durkan asked the Minister for Transport the action he proposes to take to address the issue of speeding fines imposed and paid in respect of offences in the vicinity of Newtownmountkennedy in contrast with those whose fines were struck out in court on legal grounds; if it is intended to make restitution to the former; and if he will make a statement on the matter. [31079/06]
I am not aware of any issue arising in relation to breaches of the speed limit in the Newtownmountkennedy area so I presume that the Deputy intends to refer to the decisions of Bray District Court earlier this year in connection with the prosecution of breaches of the special speed limit that applies on the N11 in the vicinity of Kilmacanogue village.
The position is that Wicklow County Council are satisfied that special speed limit by-laws have been validly made since April 2004 and that a lawful and enforceable special speed limit is in place on the stretch of the N11 in question. Wicklow County Council's by-laws and the special speed limit have not been struck down as unlawful by Bray District Court and there are no grounds therefore for the refund of fixed charge payments made to the Garda Síochána and the deletion of penalty points on the relevant driving licence record.
436 Mr. O’Dowd asked the Minister for Community, Rural and Gaeltacht Affairs if funding will be provided for an organisation (details supplied) in County Louth; and if he will make a statement on the matter. [30513/06]
An application was received by my Department from the organisation in question under the 2006 Programme of Grants for Locally-Based Community and Voluntary Organisations.
All applications under this Programme are assessed objectively against the published criteria. This assessment process is being carried out at present and all groups will be notified in writing of my decision in relation to their applications as soon as possible.
437 Dr. Cowley asked the Minister for Community, Rural and Gaeltacht Affairs if the rural social scheme payment is classed as income; if this payment is taken into account when applications are made for third level grants; and if he will make a statement on the matter. [30548/06]
The payment that participants on the Rural Social Scheme (RSS) receive is regarded as income. The rate of payment is determined by the participant's personal/family circumstances and is based on their qualifying payment from the Department of Social & Family Affairs at the time of joining the Scheme and an appropriate top-up payment from the RSS. The manner in which this income is treated for third level grant purposes is a matter for the Local Authority or V.E.C. to which the relevant application is made.
438 D’fhiafraigh Mr. Gilmore den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cén dul chun cinn atá déanta maidir le hobair fheabhsúcháin ar Ché an Rannaigh, Árainn Mhór, Co. Dhún na nGall agus fad a chur leis. [30990/06]
I 2001, ar iarratas ó mo Roinnse, chuir Comhairle Chontae Dhún na nGall réamh-thuarascáil ar fáil maidir le forbairt na saoráidí calaíochta ag Rannach, Oileán Árainn Mhór. Moladh dhá rogha sa tuarascáil sin, i.e., síneadh 30m a chur leis an gcé atá ann faoi láthair ar chostas €1.5m, nó síneadh 65m a chur léi ar chostas €3m. Dheimhnigh an tuarascáil chomh maith gur chun sochair thionscal na hiascaireachta áitiúla a rachadh aon fhorbairt nua ag an láthair seo.
Tá iarratas faighte ag mo Roinn ón gComhairle Chontae maidir le costais deartha agus ullmhú doiciméad conartha don togra seo agus tá an t-iarratas sin á mheas faoi láthair i gcomhthéacs an tsoláthair atá ar fáil dom le caitheamh ar fhorbairt céanna ar na hoileáin sna blianta amach romhainn agus na n-éileamh éagsúil ar an soláthar sin.
439 D’fhiafraigh Mr. Gilmore den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an bhfuil sé in ann breis airgid a chur ar fáil chun obair dheisiúcháin a chríocnú ar bhóthar áise ag gabháil go teach an Dr. Uí Chuinn agus tithe eile ag An Leadhb Gharbh, Oileán Árainn, Contae Dhún na nGall. [30991/06]
Ar 1 Iúil 2005, cheadaigh mé deontas €35,000, nó 100% den chostas, do Chomhairle Chontae Dhún na nGall chun oibreacha feabhsúcháin a dhéanamh ar an mbóthar áise seo ag An Leab Garbh, Oileán Árann Mhóir. Tá iarratas faighte ag mo Roinn ón gComhairle Chontae anois ar chúnamh chun oibreacha breise a chur i gcrích ar an mbóthar céanna. Tá an t-iarratas sin á mheas faoi láthair i gcomhthéacs an tsoláthair airgid atá ar fáil dom le caitheamh ar thograí oileánda agus na n-éileamh éagsúil ar an soláthar sin.
440 Dr. Cowley asked the Minister for Agriculture and Food when a person (details supplied) in County Mayo will receive clearance from her Department for the single farm payment scheme; and if she will make a statement on the matter. [30487/06]
The person named received his Single Payment in December 2005 but he had also submitted an application for consideration of Force Majeure /Exceptional Circumstances in relation to the establishment of his entitlements under the Single Payment Scheme. He made the application on the grounds that his farming production in the reference years had been adversely affected by his medical condition. This application was initially incorrectly refused on the grounds that the additional medical information requested from the person named was not submitted within the allowed timeframe. However, on review it has been discovered that the requested information had, in fact, been forwarded by the person named albeit to another section of the Department.
Following a re-examination of the circumstances of this case, my Department has decided that the year 2002 will be excluded and the years 2000 and 2001 will be utilised for the purposes of calculating the Single Payment Entitlements of the person named. This will result in an increased Single Payment. Arrangements have now been made to issue a supplementary payment in respect of the 2005 Single Payment Scheme and a formal letter will issue to the person named in respect of this decision.
441 Mr. Lowry asked the Minister for Agriculture and Food when a 2005 national reserve top-up from the single farm payment will issue for a person (details supplied) in County Tipperary; the reason for a delay in issuing confirmation to the person; and if she will make a statement on the matter. [30579/06]
The person named submitted an application for an allocation of entitlements from the 2005 Single Payment Scheme National Reserve 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 – 2002. Investments can include purchase or long-term lease of land, purchase of suckler and/or ewe quota or other investments.
This application under Category B has been deemed successful and a formal letter setting out my Department's decision has issued to the person named. If he is dissatisfied with my Department's decision in relation to the National Reserve, he now 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.
This particular case also involved a successful application under the New Entrant measure of the Single Payment Scheme and had to be examined under the anti-accumulation provisions of the regulations to ensure that allocation from the National Reserve did not result in double benefit.
442 Mr. Lowry asked the Minister for Agriculture and Food the reason a person (details supplied) in County Tipperary has not received a payment under the farm retirement scheme in view of the fact that their application was submitted in December 2005; when payment will issue to the person; and if she will make a statement on the matter. [30580/06]
A valid application from the person named was received on 10 April 2006. The application has been approved and payment of the Early Retirement pension will commence at the end of October 2006. Pension arrears, retrospective to 10 April 2006, will be included with the first payment.
443 Mr. Ring asked the Minister for Agriculture and Food if she will review the farm waste management scheme to allow for grant assistance towards an air agitator system, with the agitating point inside the slatted shed in cases where the slatted shed is more than ten years old in view of the health and safety benefits of such systems; and if she will make a statement on the matter. [30581/06]
The current Farm Waste Management Scheme allows for grant-aid of 40% for simple aeration systems in existing buildings including those over ten years old and new buildings. These systems agitate the slurry thereby obviating the need for an agitation point and no change in the current scheme is necessary.
444 Mr. Kehoe asked the Minister for Agriculture and Food the reason for the delay in processing the early retirement payment for a person (details supplied) in County Wexford; when payment will be made; and if she will make a statement on the matter. [30582/06]
An application under the Early Retirement Scheme from the person named was received in my Department on 12 May 2006. A number of queries arose in relation to the application; these were communicated to her on 28 July 2006. A reply was received on 6 September 2006 and the person named will be notified of the decision very shortly.
445 Mr. Hayes asked the Minister for Agriculture and Food the reason for the shortfall in a single farm payment to a person (details supplied) in County Tipperary. [30674/06]
My Department has already amalgamated the entitlements of the person named established under both his Tipperary and Kerry herd numbers. The applicant's 2005 Single Farm Payment was issued following the merging of the entitlements. However, I have arranged for an official of my Department to make direct contact with the person named, with a view to satisfactorily resolving any outstanding issue.
446 Mr. G. Murphy asked the Minister for Agriculture and Food the reason no system is in place to collect plastic from farms, in view of the fact that farmers pay for the disposals of plastic when they purchase these products. [30721/06]
The disposal of waste materials generally is covered by the Waste Management Acts 1996 to 2005, which apply to all sectors of society including the agricultural sector, and is a matter for the Minister for the Environment, Heritage and Local Government.
Under the Waste Management (Farm Plastics) Regulations 2001, manufacturers and importers of farm plastics – that is, silage bale wrap and sheeting – are required to take steps to recover farm plastics waste which they have placed on the market, or alternatively to contribute to and participate in compliance schemes to recover the waste in question. The Irish Farm Film Producers Group, IFFPG, is currently the sole approved body in Ireland for the purposes of implementing a compliance scheme for the recovery of farm plastics waste. The Waste Management (Farm Plastics) Regulations are a matter for the Minister for the Environment, Heritage and Local Government, and my Department has no involvement in the running of the IFFPG scheme.
447 Mr. Ferris asked the Minister for Agriculture and Food the number of farmers here who are currently in receipt of the energy crop grant; and if she will make a statement on the matter. [30792/06]
My Department issued payments to 121 applicants in respect of the 2005 Energy Crops Scheme, representing 1,447.19 eligible hectares. There are currently 248 applicants for the 2006 Energy Crops Scheme, representing 2,402.68 hectares.
448 Mr. N. O’Keeffe asked the Minister for Agriculture and Food the reason an application by a person (details supplied) in County Cork under the installation aid scheme has been refused. [30793/06]
The person concerned is ineligible for aid under the Installation Aid Scheme as he had not earned the required minimum 20 income units from farming owned/leased land within the first twelve months of setting up in farming. He was advised of this on 3 July 2006. Following consideration of a subsequent appeal by the applicant, the original decision was upheld and he was notified of this outcome on 18 September 2006. The person concerned has been advised of his right to appeal the decision to the Agriculture Appeals Office.
449 Mr. Deenihan asked the Minister for Agriculture and Food when a decision will be made on the appeal by a person (details supplied) in County Kerry against the decision rejecting their application as a force majeure case; and if she will make a statement on the matter. [30995/06]
The person named has been previously notified that the circumstances outlined by him did not satisfy the criteria for Force Majeure/Exceptional Circumstances under Article 40 of Council Regulation (EC) No. 1782/2003. He appealed this decision to the Independent Single Payment Appeals Committee and the Appeals Committee upheld the decision of my Department. The person named was however invited to make an application under the 2005 National Reserve measure of the Single Payment Scheme.
The person named submitted an application for an allocation of entitlements from the 2005 Single Payment Scheme National Reserve under Categories A, C and D. Category A 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/her holding to a third party during the reference period 2000 – 2002. The person named was unsuccessful under this category as he inherited the land prior to the reference period 2000 – 2002.
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/or Arable Aid Schemes would have been payable during the reference period 2000 to 2002. The person named was unsuccessful as his existing Single Payment already reflects his conversion to or expansion in another eligible farming sector.
Category D caters for farmers who commenced farming after 31 December 2002 or who commenced farming in 2002 on purchased or inherited land but who received no direct payments in respect of that scheme year. The person named was unsuccessful as he commenced farming and received direct payments prior to 31 December 2002.
If the person named is dissatisfied with my Department's decision in relation to the National Reserve, he now has the opportunity to appeal this decision to the Independent Single 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.
450 Mr. Crawford asked the Minister for Agriculture and Food the number of animals (details supplied) that were in Ireland on the 1 January 2000; the number at the present time or the most recent figures available; and if she will make a statement on the matter. [31016/06]
The most recent figures for the national herd indicate that the live cattle population in Ireland on July 1st 2006 was 7.089 million comprising 2.435 million males and 4.654 million females. These figures are based on an extract from the live cattle population taken from the Cattle Movement Monitoring System (CMMS) database. The information regarding the number of cows in the country at that time is being compiled at present and will be forwarded to the Deputy when available.
It is not possible to give a corresponding live cattle population figure for 1st January 2000 taken from the CMMS database as the system was not fully operational at that time. However, the CSO Livestock Survey for December 1999 showed that the cattle population at that time was 6.707 million – 2.401 million males and 4.306 million females, of which 2.393 million were cows.
451 Mr. Crawford asked the Minister for Agriculture and Food the number of individual cattle tags that had to be replaced in the past 12 month period; the number of double tags that were replaced in same period; if she is satisfied that they are the best tags available; if she has considered using another form of identification; and if she will make a statement on the matter. [31017/06]
The number of individual cattle tags that had to be replaced in the past 12 month period, from the 1st of September 2005 to the 31st of August 2006, was 311,936. The number of double tags that were replaced in the same period was 99,089.
My Department reviews the methods of identification available for cattle within the terms of the EU requirements and keeps in touch with developments in the marketplace in relation to eartags to ensure that the tag most suited to the needs of Irish farming is available. I am satisfied that the current tag in use provides the best solution for the identification of cattle in Ireland at present. The suitability of the current tag and that recently selected for use in the Irish bovine identification system was determined by reference to a range of criteria designed to select an effective and secure identification and traceability system so that customers and consumers of Irish beef can be assured of the traceability of the product.
452 Mr. Ardagh asked the Minister for Education and Science if her attention has been drawn to the fact that the BA evening degree in Irish at UCD has been cancelled; and if she will use all the resources available to her and to her Department to persuade the governing body of UCD to reverse this decision (details supplied). [30434/06]
The position is that the universities are autonomous institutions and my Department does not have any function in their day to day operational affairs. The universities receive a block grant from the Higher Education Authority and it is a matter for each institution to determine how it is allocated internally.
453 Mr. Deasy asked the Minister for Education and Science if her attention has been drawn to a proposal to establish an Irish language secondary school in Waterford; the status of the proposal to establish a school (details supplied); if funds will be released to allow the school commence operating in September 2007; and if she will make a statement on the matter. [30435/06]
I can confirm to the Deputy that the School Planning Section of the Department is in receipt of an application to establish the school in question. This is currently being assessed and School Planning Section will be meeting with the proposers shortly to discuss the matter.
454 Mr. McGuinness asked the Minister for Education and Science if she will amend the higher education grant scheme to allow consideration of an allowance towards a family member who is a trainee or apprentice when an application is being made for a third level grant by another family member. [30436/06]
The Third Level Student Support Schemes operated on behalf of my Department provide a means tested grant to students who are pursuing their first undergraduate or postgraduate course and who comply with the terms and conditions of the Scheme. There is provision in the 2006/07 Schemes for an allowance where 2 or more children (or the candidate's parent) are pursuing a course of study listed below; the reckonable income limits may be increased by €4,525 where there are 2 such children, €9,050 where there are 3 such children and so on, by increments of €4,525.
Courses:
attending full-time third level education.
attending a recognised PLC course, student nurse training or student Garda training.
participating in a Fáilte Ireland (formerly CERT) course of at least one year's duration.
attending a full time Teagasc course in an agricultural college.
attending a recognised full-time further education course, of at least one year's duration, in Northern Ireland.
I have no plans at present to depart from the above practice in respect of allowances given.
455 Mr. Healy asked the Minister for Education and Science if she will reverse the decision to withdraw the on-site National Educational Psychological Service from a school (details supplied) in County Tipperary which has disadvantaged status. [30437/06]
456 Mr. Healy asked the Minister for Education and Science the schools in South Tipperary where the on-site National Educational Psychological Service has been withdrawn; the reason for this withdrawal; and if she will make a statement on the matter. [30438/06]
I propose to take Questions Nos. 455 and 456 together.
All primary and post primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA), full details of which are available on my Department's website. Schools that do not currently have NEPS psychologists assigned to them may avail of the SCPA, whereby the school can have an assessment carried out by a member of the panel of private psychologists approved by NEPS, and NEPS will pay the psychologist the fees for this assessment directly. Details of this process and the conditions that apply to the scheme are available on my Department's Website. The prioritisation of urgent cases for assessment is a matter for the school principal in the first instance.
NEPS provides assistance to all schools and school communities that experience critical incidents, regardless of whether or not they have a NEPS psychologist assigned to them. Also, in relation to all schools, NEPS processes applications for Reasonable Accommodation in Certificate Examinations and responds to queries in relation to individual children from other sections of my Department and from the specialist agencies. NEPS also provides a service to children with visual impairment irrespective of the schools which they attend.
All schools in South Tipperary identified as disadvantaged under the DEIS policy of my Department are in direct receipt of service from NEPS. The principal of the school to which the Deputy refers may contact NEPS and advice will be given in regard to the prioritisation of students for assessment under the Scheme for Commissioning Psychological Assessments.
457 Mr. Ó Fearghaíl asked the Minister for Education and Science the progress that has been achieved to date by her Department, in acquiring a site for a new post primary school in Monasterevin; if substantial progress has been achieved in the matter; when construction work might begin on the new school project; and if she will make a statement on the matter. [30439/06]
458 Mr. Ó Fearghaíl asked the Minister for Education and Science the progress that has been achieved with regard to those school building projects in County Kildare that have been included by her Department in the new public private partnership programme; the next stages in the process; when the schools will move on to details design and construction stage; and if she will make a statement on the matter. [30440/06]
I propose to take Questions Nos. 457 and 458 together.
I announced the first PPP project bundle consisting of St. Mary's CBS and Scoil Chríost Rí, Portlaoise, St. Rynagh's Community College, Banagher and Gallen Community School, Ferbane on the 22nd November 2005. Pre-procurement work on this project bundle was recently completed in my Department and the bundle was offered to the market on the 27th September 2006 by the National Development Finance Agency (NDFA) who have responsibility for the procurement process.
The make up of further school bundles in my Department's PPP school building programme will be determined on such issues as the band rating allocated to each school in accordance with the published prioritisation criteria, site availability for each school, outline planning permission having being secured and the estimated total cost of the proposed school bundle. Officials in the Property Management Section of my Department are actively pursuing the acquisition of a site for St Paul's Secondary School, Monasterevin, Co Kildare. The suitability of the site has been determined and it is hoped to shortly enter negotiations with the vendor for the acquisition of this site. I will be announcing further PPP project bundles during the year and St Paul's Secondary School, Monasterevin and Kildare Town Community School will be considered in this context and in accordance with the published prioritisation criteria.
459 Mr. O’Connor asked the Minister for Education and Science if she plans initiatives to respond to the much publicised problem of the heavy weight of schoolbags; and if she will make a statement on the matter. [30441/06]
The Report of a working group to examine potential problems caused by the weight of schoolbags, which was presented in July, 1998, acknowledged that many of the solutions belong at local school level. One of the main recommendations of the report related to the need to heighten the awareness of the potential health hazards posed by excessively heavy schoolbags.
In this regard, my Department initiated an awareness-raising campaign by disseminating the report, with an accompanying circular, to all primary and post-primary schools.
A further circular was issued in 2005, again highlighting the potential health hazard of heavy schoolbags and outlining a range of local measures that could be adopted in order to alleviate the problem. It is a matter for each individual school to choose those measures that would be most suited to its individual needs.
My Department is aware that positive action has been taken by many schools. Actions taken by some schools consist of a range of measures, including the provision of lockers, the arrangement of the timetable into double class periods, active liaison with parents and the co-ordination of homework by subject teachers.
Apart from a small number of prescribed texts at second level, mainly in the case of language subjects, school textbooks are not approved or prescribed by my Department at first or second level. Decisions on which books to use are taken at school level.
The report of the Working Group was disseminated by the Department to the Irish Educational Publishers Association, and they were asked to include consideration of the weight of school texts in their deliberations and liaise with teachers on finding solutions to the problem. It should be pointed out that the Report did highlight that both teachers and pupils favoured the use of multi-level textbook production for ease of convenience and ease of access and cited a high demand for them.
460 Mr. O’Connor asked the Minister for Education and Science if she will confirm that progress is being made in respect of the need for building works at a school (details supplied) in Dublin 6W; and if she will make a statement on the matter. [30442/06]
The building project for the school referred to by the Deputy is at an early stage of architectural planning. My Department has recently received a Stage 2 submission from the School's Design Team (Outline Sketch Scheme). My Department will shortly arrange a meeting with the School Authorities and the Design Team in order to evaluate the submission. It is envisaged that unless there are very exceptional circumstances involved, the meeting will be sufficient to authorise the project to progress to the next stage of architectural planning.
A decision on which school building projects will advance to tender and construction will be considered in the context of the School Building and Modernisation Programme 2006-2010.
461 Mr. Howlin asked the Minister for Education and Science if she will accept the recommendation of the Transport Liaison Officer for County Wexford and County Wexford Members on a cross-party basis to appoint a senior inspector to review and certify the catchment boundary areas in County Wexford which are acknowledged to be inadequate and in need of clarification; and if she will make a statement on the matter. [30469/06]
My Department has no plans to carry out a review of the catchment boundary areas in County Wexford. If the Deputy requires clarification on any specific transport issue, my Department will be pleased to have the matter investigated.
462 Cecilia Keaveney asked the Minister for Education and Science if a course not approved by her Department can be funded in another jurisdiction where it can be provided; and if she will make a statement on the matter. [30497/06]
The Third Level Student Support Schemes were extended to provide maintenance grants to eligible students pursuing approved full-time undergraduate courses of at least two years duration (pursued in a university or a third level institution which is maintained or assisted by recurrent grants from public funds) in other EU Member States with effect from the 1996/97 academic year. The extension of the Schemes at that time did not include courses at postgraduate level and, accordingly, there is no grant aid available under the schemes for students pursuing postgraduate studies outside of Ireland.
Any extension of the current arrangements to provide for students pursuing postgraduate courses outside of Ireland could only be considered in the light of available resources and other competing demands within the education sector. At present, there are no plans to expand the provisions in the grant schemes in relation to postgraduate study abroad.
However, Section 21 of the Finance Act 2000, as amended by Section 29 of the Finance Act 2001, provides for the introduction of tax relief for postgraduate tuition fees paid in colleges outside of Ireland. This relief, which is available from the tax year 2000/01 onwards, applies at the standard rate of tax. Further details and conditions in relation to this tax relief are available from Local Tax Offices.
463 Mr. G. Murphy asked the Minister for Education and Science if there is grant aid or financial assistance available to a person (details supplied); and if she will make a statement on the matter. [30514/06]
If the Deputy provides more detailed information in relation to the case the matter can be examined further. In general my Department does not provide funding towards the purchase of equipment for course work.
464 Mr. Hayes asked the Minister for Education and Science the situation regarding the provision of a new school building for a school (details supplied). [30515/06]
The Property Management Section of the Office of Public Works, which acts on behalf of the Department in relation to site acquisitions generally, was requested to explore the possibility of acquiring a site for the school in question. Following an advertisement seeking proposals in relation to possible sites a number of responses were received. Six sites have been visited and their technical suitability as a location for the school was considered.
Following this process, a site on the existing Tipperary Rural and Business Institute (TRBDI) campus emerged as the preferred option. This site is in the ownership of the Institute.
The TRBDI, however, has proposed to the Department that its campus be relocated to a large-scale technology park. Expressions of Interest were sought by TRBDI from the private sector to determine what exactly could be provided at the technology park in exchange for the Institute's current property in Clonmel. The Expressions of Interest sought required the incorporation of a suitable site for the school on the current campus or on an alternative site approved by the Department and the Office of Public Works. The Expressions of Interest received by TRBDI are currently being evaluated.
I want to assure the Deputy again that the permanent accommodation needs of this school are being addressed and the provision of a permanent building for the school will be progressed in the context of the School Buildings and Modernisation Programme when a suitable site has been acquired.
465 Ms Enright asked the Minister for Education and Science the number of band four building projects which will be given clearance to proceed further before the end of 2006; the schools in question which will be prioritised; and if she will make a statement on the matter. [30550/06]
466 Ms Enright asked the Minister for Education and Science the number of band three building projects which will be given clearance to proceed further before the end of 2006; the schools in question which will be prioritised; and if she will make a statement on the matter. [30551/06]
467 Ms Enright asked the Minister for Education and Science the number of band two building projects which will be given clearance to proceed further before the end of 2006; the schools in question which will be prioritised; and if she will make a statement on the matter. [30552/06]
468 Ms Enright asked the Minister for Education and Science the number of band one building projects which will be given clearance to proceed further before the end of 2006; the schools in question which will be prioritised; and if she will make a statement on the matter. [30553/06]
469 Ms Enright asked the Minister for Education and Science the number of building projects awaiting progression which are assessed by her Department as being of band four status; and if she will make a statement on the matter. [30554/06]
470 Ms Enright asked the Minister for Education and Science the number of building projects awaiting progression which are assessed by her Department as being of band three status; and if she will make a statement on the matter. [30555/06]
471 Ms Enright asked the Minister for Education and Science the number of building projects awaiting progression which are assessed by her Department as being of band two status; and if she will make a statement on the matter. [30556/06]
472 Ms Enright asked the Minister for Education and Science the number of building projects awaiting progression which are assessed by her Department as being of band one status; and if she will make a statement on the matter. [30557/06]
I propose to take Questions Nos. 465 to 472, inclusive, together.
As I indicated when publishing the various strands of the Departments Capital Programme for 2006, I intend to move through the School Building and Modernisation Programme in a planned way over the next five years. This is possible with the availability of a €3.9bn multi-annual capital funding envelope (primary, post-primary and third level) over that period to underpin a continuous programme of modernising school buildings.
The Deputy will appreciate that this investment must continue to be targeted using the published prioritisation criteria. Details of projects to move forward under the programme will be published as and when they are ready to be advanced in the context of capital expenditure requirements.
473 Ms O’Sullivan asked the Minister for Education and Science the reason for the long delays being experienced by children in need and waiting for speech and language facilities; and the further reason there has not been extra personnel recruited to deal with the caseload. [30600/06]
I can confirm that there are currently 58 special classes for children with specific speech and language disorder operating in primary schools nationwide. These classes generally have a pupil teacher ratio of 7:1.
The Deputy will be aware that the National Council for Special Education (NCSE), through the local special educational needs organisers (SENOs), is responsible for processing applications from primary and post primary schools for special needs supports, including applications for the establishment of special classes. Responsibility for enrolment to these classes rests with the individual school authority. My Department will be in contact with the NCSE advising of the need to ensure that there are sufficient specific speech and language classes established to cater for the needs of all eligible children.
The Deputy will also be aware that the provision of therapy services and the recruitment of therapists is a matter for the Health Services Executive (HSE) and funding is provided to the HSE for such purposes. The extent of service provided to these classes is a matter for the HSE.
474 Ms O’Sullivan asked the Minister for Education and Science if she will ensure that the resourcing of second level schools here is increased on the forthcoming Estimates to at least the average OECD levels. [30601/06]
483 Mr. Connolly asked the Minister for Education and Science her views on the OECD Report Education at a Glance which placed Ireland 29th out of 31 countries in terms of the GDP proportion spent on education; the way in which she proposes to reverse the clear pattern of educational under-spending inherent in the report; and if she will make a statement on the matter. [30800/06]
I propose to take Questions Nos. 474 and 483 together.
I assume the Deputies are referring to Ireland's expenditure on education as a proportion of GDP. Deputies will be aware, given the distinctive structure of the Irish economy and specifically, the comparatively high proportion of our GDP that is expatriated as profits of foreign direct investment enterprises, Gross Domestic Product (GDP) is not a good indicator of the relative resources available in the case of Ireland. For example, the difference in magnitude between Ireland's GDP and Gross National Income (GNI) was 18% in 2003. This means that standardised expenditure data for Ireland would be higher if GNI (or GNP) were used instead of GDP. For most OECD countries, however, the difference between GDP and GNI is negligible and the vast majority of other countries are quite happy to continue using GDP to standardise international data on expenditure. Department of Education and Science expenditure on education in Ireland in 2003, the reference year used in the latest 'Education at a Glance' report, represented 4.9% of Gross National Income. This increased to 5.2% in 2005.
The Deputies should also note that spending by my Department on second level education increased by 17% between 2003 and 2005. In 2005 €2.7 billion was spent on second-level education — up from €2.3 billion in 2003 and €1.25 billion in 1997. These increases have allowed for major progress to be made both in the staffing and in the day-to-day funding of our schools.
With regard to staffing, it should be noted that there is now one teacher for every 13 students at second level.
Day to day funding for our schools has also increased significantly in recent years. Since the financial year referred to in the OECD report — 2003 — second-level schools have benefited from substantial increases in funding. The standard capitation grant of €266 per pupil in 2003 now stands at €298 per pupil from 1 January last. In addition, the support services grant for secondary schools has been increased from €127 per pupil in 2003 to €159 per pupil from January last. This per capita grant is in addition to a range of equalisation grants of up to some €15,500 per school per annum that were also approved for voluntary secondary schools.
This Government has dramatically increased investment in education in recent years. However, it is simplistic to just say that increasing spending will result in better outcomes as evidenced by the relatively poor educational outcomes of some high spending countries. What we all wish to see is the resources targeted towards education being used to best advantage at all levels.
475 Mr. Haughey asked the Minister for Education and Science if she will sanction the extensions of classrooms in schools (details supplied) in Dublin 3 in addition to the provision of new classrooms already agreed; and if she will make a statement on the matter. [30602/06]
A large scale extension project to extend both of the schools in question to 12 classrooms each is currently in architectural planning. School Planning Section has received no indication from the authorities of the schools that this will be insufficient to meet their long term needs. If this is the case, they should make immediate contact with School Planning Section so that their original applications for capital funding can be re-assessed.
476 Mr. Kehoe asked the Minister for Education and Science if an application has been received by her Department for a devolved grant for a school (details supplied) in County Carlow; and when she expects to make a decision on same. [30603/06]
484 Mr. Aylward asked the Minister for Education and Science when she will provide the required funding to carry out the outlined works at a school (details supplied) in County Carlow; and if she will make a statement on the matter. [30851/06]
I propose to take Questions Nos. 476 and 484 together.
I am pleased to inform the Deputies that funding for the installation of a sewerage supply system and site boundary works for the school in question was sanctioned by my Department on 13th of July 2006.
An application for the provision of additional accommodation has been assessed in accordance with the published prioritisation criteria for large scale building projects and progress on the proposed works is being considered in the context of the School Building and Modernisation Programme from 2006 onwards. In the meantime funding has been approved for the school for the rental of temporary accommodation to meet its immediate needs.
477 Mr. Stanton asked the Minister for Education and Science if her attention has been drawn to the increasing numbers in a primary school (details supplied) in east Cork; the consideration she has given to construct a permanent extension to the school to accommodate the growth in pupil numbers; and if she will make a statement on the matter. [30689/06]
In order to address the short term accommodation needs of the school referred to by the Deputy, my Department gave approval to the school authority to rent a portakabin for use as a mainstream classroom earlier this year. My Department is in receipt of an application for capital funding towards the provision of a permanent extension at the school. An assessment of projected enrolments, demographic trends and housing developments in the area is underway in order to inform the determination of the long term projected staffing on which the school's long term accommodation needs will be based. When this assessment is completed a decision will then be taken on how best to provide the required accommodation. The project will be then considered in the context of the School Building and Modernisation Programme 2006-2010.
478 Mr. Wall asked the Minister for Education and Science her plans to overcome the serious problems being experienced by a school (details supplied) in County Kildare; and if she will make a statement on the matter. [30747/06]
To meet increased demand for primary school places in the area referred to by the Deputy, a Notice of Intention to apply for the recognition of a new primary school to commence operation next September has been submitted to the New Schools Advisory Committee (NSAC). As with all such applications, a full application must be submitted to the NSAC no later than 31st of January 2007 and, following the NSAC's report to me in the matter, I expect to announce my decision in mid-April of 2007.
479 Mr. O’Dowd asked the Minister for Education and Science if a person (details supplied) in County Louth will be assisted in any way; and if she will make a statement on the matter. [30715/06]
The decision on eligibility for third level grants and the issue of grant awards is a matter for the relevant local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is desired. It appears that no such advice or instruction has, to date, been sought in the case of the student, referred to by the Deputy.
480 Mr. Healy-Rae asked the Minister for Education and Science if, in relation to a school (details supplied) in County Kerry, she will meet a small deputation with a view to keeping the school open; and if she will make a statement on the matter. [30716/06]
Agreement was reached some years ago, between the authority of the school referred to by the Deputy and the authorities of two other schools in the area to amalgamate. A new school to provide accommodation for the amalgamated school is currently under construction to cater for a mainstream staffing of P+8. As the final decision on amalgamation of schools rests with the Patron of those schools, subject only to my approval, it would be more appropriate for the Board to take the matter up with the Patron in this instance.
481 Mr. Hayes asked the Minister for Education and Science when all facilities will be in place for a first year student (details supplied) in County Tipperary who is visually impaired. [30798/06]
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.
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 the 1st 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. 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 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 (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.
The NCSE has confirmed that the pupil to whom the Deputy refers has been granted 3 hours additional teaching support per week and has shared access to a full time Special Needs Assistant for the 2006/07 school year. The NCSE has also advised that an application for assistive technology in the form of a laptop with specialised software has also been approved for this pupil.
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.
482 Mr. Noonan asked the Minister for Education and Science if the number of hours of resource teaching allocated to a person (details supplied) in County Limerick will be increased from three and a half hours per week to five hours per week, in view of the fact that they have a severe disability; and if she will make a statement on the matter. [30799/06]
The Deputy will be aware that the National Council for Special Education (NCSE), through the local special educational needs organisers (SENOs), is responsible for processing applications for special educational needs (SEN) supports from primary and post primary schools. The teaching and special needs assistant (SNA) support allocated are intended to enable schools to meet the needs of pupils as outlined in psychological and other professional reports. In allocating SEN supports for individual pupils, the SENOs examine the teaching and other resources available within the individual schools. The SENO also operates within the parameters of my Department's criteria for the allocation of such resources.
I can confirm that the school in question has been allocated 3.5 hours resource teaching per week together with full time SNA support for this pupil. My officials have been advised that the SENO received an application for an increase in resource teaching hours to 5 hours per week in respect of the pupil. I understand that the application was refused in May 2006 because relevant documentation including professional reports were not received.
The NCSE will review decisions previously taken in relation to such cases on foot of a request from the school or parents/guardians, when accompanied by relevant additional information that may not have been available at the time of the decision. The NCSE has outlined this process in its Circular 01/05, which has issued to all primary schools. I am informed that the local SENO has been in contact with the school principal recently regarding the matter and will review the position on receipt of relevant documentation.
485 Mr. Bruton asked the Minister for Education and Science her views on altering the funding arrangements of the employment of part-tine secretaries in schools, in order that the drop in enrolment numbers would not result in a reduction in the money available to a school to employ their secretary, bearing in mind that it is Government policy to reduce class size and with it the maximum number of pupils in a school of a given number of classrooms; and if she will make a statement on the matter. [30853/06]
My Department provides funding towards the cost of secretarial and caretaking services in primary schools under two separate schemes. One scheme is the 1978/79 scheme for the employment of full-time secretaries and caretakers in primary schools, under which my Department meets the full cost of salary. This scheme is being phased out as posts become vacant and no new posts are being created. This scheme has been superseded by a more extensive grant scheme now referred to as the Ancillary Services grant.
The Ancillary Services grant provides additional funding for primary schools towards the cost of secretarial and caretaking services. The scheme does not provide for the linking of the grants to any particular pay scale and is flexible by nature, giving Boards of management discretion as to the manner in which secretarial and caretaking services are provided. The amount of grant paid to an individual school is determined by the enrolment in the school. The standard rate of grant was increased from €133 per pupil in 2005 to €139 per pupil in 2006. The level and extent of services provided is a matter for the school authorities who, through the discretion afforded by the scheme, apply diverse arrangements for secretarial and caretaking services as resources permit. It is a matter for each individual school, to decide how best to apply the funding to suit a school's particular needs.
I do not propose to change the basis on which the Ancillary Services Grant is paid. However, the question of increasing the rate of grant in the future will be considered in the context of available resources and priorities within the education sector.
486 Mr. Ring asked the Minister for Education and Science if there is help or assistance available to parents whose children are availing of extra tuition in view of the fact that this tuition should be provided by her Department; if there is grant aid available for them; and the help which is available for parents whose children have dyslexia. [30854/06]
The Deputy will be aware of the significant initiative for allocating resource teachers that I introduced in primary schools in September 2005 to ensure that schools have the teaching resources in place to provide support teaching for all pupils with high-incidence special educational needs, including dyslexia, who may enrol in their school. My Department also provides funding to the Dyslexia Association to facilitate the operation of dyslexia workshops. This funding helps the organisation operate an information service for members and the public. In addition, part of the funding assists in meeting the costs associated with the attendance of some children from disadvantaged backgrounds at workshops and programmes organised by the association.
The Deputy may be aware that my Department has developed an information resource pack on dyslexia in CD-Rom, DVD and video format, in association with the Department of Education in Northern Ireland. This product has been made available to all primary and post-primary schools. The DVD and video provides support for parents of pupils with dyslexia while the CD-Rom assists teachers who are teaching children with dyslexia in the mainstream classroom. My Department will continue to prioritise educational provision for children with special educational needs, including children with dyslexia.
487 Mr. Crawford asked the Minister for Education and Science if she is satisfied that a person (details supplied) who had to leave college without finishing the first year in 1999, having received no grant aid, should now be refused grant aid for a PLC course; if the situation will be re-examined; her views on whether this is a long term loss to the person and the State. [30879/06]
I understand that the student referred to by the Deputy pursued a secretarial course in 1999, but did not complete the course, and now hopes to return to a Beauty Therapy course at the same level. Clause 6.3.6 of the 2006 PLC Scheme states:
Grants may not be paid in respect of a second period of attendance at the same level for a course approved for the purposes of this scheme, irrespective of whether or not a grant was paid previously. The Vocational Education Committee will have discretion to waive this provision in exceptional circumstances such as certified serious illness.
Therefore as the student referred to by the Deputy hopes to pursue a course in 2006 of the same level she pursued in 1999 she is not eligible to be assessed under the terms of the PLC Scheme in respect of her intended course. Generally speaking students are eligible to be considered for grant assistance in respect of only one PLC Course. Clause 3.2 of the PLC Scheme sets out the circumstances under which grant assistance may be awarded in respect of subsequent study at PLC Level — i.e where a candidate already holds a qualification no higher than Fetac Level 5 and are now pursuing a course that offers progression he or she may be deemed eligible for grant aid. It is not open to me, or to my Department, to depart from the terms of the schemes in individual cases.
488 Mr. Gilmore asked the Minister for Education and Science the position in relation to the provision of school transport to a number of children who are pupils at a school (details supplied) in County Donegal. [30992/06]
One of the main objects of the School Transport Scheme is to provide a basic level of service for children who live long distances from school and who might otherwise experience difficulty in attending regularly. Bus Éireann are responsible for the day-to-day operation of the School Transport scheme, including route planning. Routes are planned so that, as far as possible, no eligible child will have more than 2.4 kilometres to travel to a pick-up-point. Home pick-ups were never envisaged as part of the Primary School Transport Scheme.
The pupils from the area referred to in the details supplied reside between 0.5 and 2.1 kilometres from the pick-up point. This is considered to be a reasonable level of service in the context of the general operation of the scheme. As the families are eligible for school transport to the school referred to in the details supplied, they should make enquiries at their local Bus Éireann Office regarding the cost of an extension of the service and the conditions attached to the provision of a pick-up-point nearer to their homes.
489 Mr. Gilmore asked the Minister for Education and Science if it is intended to sanction the appointment of an additional teacher to a school (details supplied) in County Donegal. [30993/06]
The staffing of a primary school for a particular school year is determined by reference to the enrolment of the school on the 30th September of the previous school year and by reference to a staffing schedule. This staffing schedule for the 2006/07 school year is outlined in Primary Circular 0023/2006 which was issued to all primary schools. Based on an enrolment of 5 pupils on the 30th September 2005, as submitted by the Board of Management, the staffing for the 2006/2007 school year will be a Principal.
To ensure openness and transparency in the system an independent Appeal Board is now in place to decide on any staffing appeals. The criteria under which an appeal can be made are set out in Department Primary Circular 0024/2006. The staffing of the school for the 2006/2007 school year was considered by the Appeal Board on 25th May, 2006. The Board, having considered the appeal with regard to the criteria outlined in Circular 0024/2006, was satisfied that a departure from the staffing schedule is not warranted in this case. The Board of Management of the school was notified in writing of the decision of the Appeal Board on 26th May, 2006.
490 Ms O’Sullivan asked the Minister for Education and Science her views on allowing asylum seekers to enrol for PLC courses where there a places available and where they are appropriately qualified; and if she will make a statement on the matter. [30996/06]
Non Irish nationals in the following categories are entitled to free access to PLC courses: EU nationals; persons who have refugee status in Ireland; persons in the State as the spouse of an EU national, where the EU national has moved from one country to another within the EU to work; persons (including their spouse and children) who have been granted leave to remain in the State on humanitarian grounds; persons who have permission to remain in the State as the parents of a child born in Ireland; and applicants for asylum who have been granted permission to work under the terms of a government decision of 26 July 1999.
The above categories must be treated on the same basis as Irish nationals. Asylum seekers who do not have an entitlement to work are entitled to free access to adult literacy, English language and mother culture supports only. I have no plans to change the eligibility requirements at this time.
491 Ms Enright asked the Minister for Education and Science the number of children with a speech or language disorder attending specialist language classes, itemised on a county basis; and if she will make a statement on the matter. [31026/06]
492 Ms Enright asked the Minister for Education and Science the number of specialist language classes which are currently in place at both primary and secondary school level, itemised on a county basis; and if she will make a statement on the matter. [31027/06]
I propose to take Questions Nos. 491 and 492 together.
I can confirm to the Deputy that there are currently 58 special classes for children with specific speech and language disorder in primary schools nationwide catering for approximately 400 children. There are currently no such classes at post primary level. The classes generally operate at a pupil teacher ratio of 7:1. I will arrange to send a list of these classes directly to the Deputy.
493 Ms Enright asked the Minister for Education and Science the regulations which govern the allocation of travel or other assistance to children or young people attending specialist language classes; and if she will make a statement on the matter. [31028/06]
494 Ms Enright asked the Minister for Education and Science the number of those attending specialist language classes who were in receipt of travel or other assistance for each school year since 2000; and if she will make a statement on the matter. [31029/06]
I propose to take Questions Nos. 493 and 494 together.
My Department's policy is that children who meet the eligibility criteria for special class/special school placement should be provided with transport under the school transport scheme. My Department does not retain the specific information requested by the Deputy concerning the number of children attending specialist language classes who were in receipt of travel or other assistance for each school year since 2000.
495 Mr. Connolly asked the Minister for Education and Science the plans she has to address the shortfall of approximately 33% in the number of psychologists in the National Psychological Service; her views on the disadvantage at which children are placed by this shortfall in certain regions, such as the midwest, south and east of the country; and if she will make a statement on the matter. [31030/06]
Since the establishment of my Department's National Educational Psychological Service (NEPS) in 1999, the number of psychologists in the NEPS has increased from 43 to 123 at present. The Public Appointments Service completed a recruitment competition for the appointment of Educational Psychologists to NEPS last year. Regional panels have been established to allow my Department give greater priority in filling vacancies to areas with the greatest need. To date, my Department has appointed seven (7) new psychologists, 4 of whom have been appointed to the Mid West region, two (2) to the Eastern region (south west area) and one (1) to the South East region. Four (4) psychologists have been assigned to the newly established National Behaviour Support Service and these four psychologists will be replaced by four additional appointments from the panel of the last competition. It is expected that additional psychologists will be appointed in the coming months.
All primary and post primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA) that is administered by NEPS and full details of which are available on my Department's website. In addition, NEPS provides a service to every school in the event of a critical incident regardless of whether the school already has a dedicated service from a NEPS psychologist. Also in relation to all schools, NEPS processes applications for Reasonable Accommodations in Certificate Examinations and responds to queries and requests for assessments in relation to individual children from other sections of my Department and from the specialist agencies.
496 Mr. Wall asked the Minister for Education and Science the reasons a person (details supplied) in County Kildare has not received recommended teaching and resource training; and if she will make a statement on the matter. [31031/06]
498 Mr. Wall asked the Minister for Education and Science the position regarding the provision of proper classroom facilities to meet the demands of children with unilateral hearing loss (details supplied); and if she will make a statement on the matter. [31033/06]
499 Mr. Wall asked the Minister for Education and Science the arrangements made to address the problems of a person (details supplied) in County Kildare; when will the necessary arrangements be put in place; and if she will make a statement on the matter. [31034/06]
I propose to take Questions Nos. 496, 498 and 499 together.
The Deputy will be aware that the National Council for Special Education (NCSE), through the local special educational needs organisers (SENOs), is responsible for processing applications for special educational needs (SEN) supports from primary and post-primary schools.
I am informed by the NCSE that a parent of the pupil referred to by the Deputy has been in contact with the local SENO regarding SEN supports. In order to process the application, it is necessary for the school to apply for these supports. I understand that such an application has yet to be received. On receipt of a request from the school, the SENO will consider the application and will inform the school authorities directly of the outcome.
497 Ms C. Murphy asked the Minister for Education and Science the number of children currently enrolled in Kildare primary schools; the number of teachers employed in Kildare primary schools; the number of special needs assistants currently employed in Kildare primary schools; and if she will make a statement on the matter. [31032/06]
The information requested by the Deputy is as follows:
Number of pupils in Primary Schools in Kildare: 22,458.
Number of teachers employed in Primary Schools in Kildare: 1,223.
Number of Special Needs Assistants in Primary Schools in Kildare: 251 full-time and 42 part-time.
The above figures are in respect of the 2005/2006 school year, the most recent year for which figures are available. Part-time teachers are excluded.
500 Mr. P. Breen asked the Minister for Education and Science the reason school transport has not been provided to a student (details supplied) in County Clare; and if she will make a statement on the matter. [31035/06]
My Department has requested a report from the Transport Liasion Officer for County Clare who is responsible for the day to day administration of the Post Primary School Transport Scheme at local level. When the report is received and considered, my Department will advise the family of the position.
501 Mr. P. Breen asked the Minister for Education and Science the reason school transport has not been provided to a student (details supplied) in County Clare; and if she will make a statement on the matter. [31036/06]
My Department has requested a report from the Transport Liasion Officer for County Clare who is responsible for the day to day administration of the Post Primary School Transport Scheme at local level. When the report is received and considered, my Department will advise the family of the position.
502 Mr. P. Breen asked the Minister for Education and Science the reason school transport has not been provided to a student (details supplied) in County Clare; and if she will make a statement on the matter. [31037/06]
My Department has requested a report from the Transport Liasion Officer for County Clare who is responsible for the day to day administration of the Post Primary School Transport Scheme at local level. When the report is received and considered, my Department will advise the family of the position.
503 Mr. P. Breen asked the Minister for Education and Science further to Parliamentary Question No. 490 of 27 June 2006, if progress has been made with a suitable site for a school (details supplied) in County Limerick; if the Office of Public Works have received the map of the specific area within the suitable parcel that is offered for sale; and if she will make a statement on the matter. [31038/06]
The Property Management Section of the Office of Public Works which acts on behalf of my Department in relation to site acquisitions generally has been requested to source a site for the school in question. The OPW has liaised with the Planning Department of Limerick County Council in connection with one potential site option. I understand from OPW that the feedback from the Planning Department on that site has been negative. Simultaneously, the OPW is in active negotiations on an alternative potential site option. On completion of the site acquisition, the project will be considered in the context of the School Building and Modernisation Programme 2006-2010.
504 Mr. Stanton asked the Minister for Education and Science with regard to the provisions in Part 2 of the Disability Act 2005 dealing with assessment of need and statement of services, if the plan being drawn up by the National Council for Special Education regarding implementation of Part 2 in tandem with the implementation of the Education for Persons with Special Educational Needs Act 2004 has been completed; and if she will make a statement on the matter. [31096/06]
Section 23 of the Education for Persons with Special Educational Needs Act 2004 provides that the National Council for Special Education must make a report to the Minister outlining the steps that must be taken in order that the provisions of the 2004 Act will be fully implemented within the period specified in the report. While there is a high degree of consistency and complementarity between the Special Needs Act and Part 2 of the Disability Act, and the Council is conferred with functions under both Acts, the report is required only to refer to the implementation of the 2004 Act.
The National Council has completed its deliberations and I have asked my officials to examine the report's recommendations and to work in close co-operation with the Department of Health and Children and the Health Services Executive in implementing the remaining provisions of the two Acts.
505 Mr. Connolly asked the Minister for Defence the circumstances in which Irish UN peacekeepers would be sent to the Lebanon; and if he will make a statement on the matter. [30810/06]
The conditions, under which the Defence Forces may participate on overseas peace support operations have been made very clear by the Government. In this regard, the conditions, which have been referred to as the "triple lock", must be satisfied, i.e.,
the operation must be authorized/mandated by the United Nations;
it must be approved by the Government;
and it must be approved by way of a resolution of Dáil Éireann.
Requests from the UN for Irish participation in new missions are dealt with under the United Nations Stand-by Arrangement System (UNSAS) on a case-by-case basis. The factors which inform the Government's consideration of each such request include the following:
An assessment of whether a peacekeeping operation is the most appropriate response
Consideration of how the mission relates to the priorities of Irish foreign policy.
The degree of risk involved.
The extent to which the required skills or characteristics relate to Irish capabilities.
The existence of realistic objectives and a clear mandate, which has the potential to contribute to a political solution.
Whether the operation is adequately resourced.
The level of existing commitments to peacekeeping operations and security requirements at home.
While there are risks attaching to any peacekeeping operation, a key aspect and the primary concern in relation to participation in any mission is the safety and security of Defence Forces personnel. For this reason, a detailed reconnaissance and risk assessment is undertaken prior to the deployment of a contingent and the results are considered and evaluated prior to a final decision to deploy.
On 30 August, 2006, the Government approved the despatch of members of the Defence Forces on a fact-finding and reconnaissance missions in connection with the Defence Forces possible participation in the United Nations Interim Force in Lebanon (UNIFIL), which was originally established in March 1978. Following the July/August 2006 crisis, the UN Security Council extended the mandate of UNIFIL to the end of August 2007 under UN Security Council Resolution 1701 (2006) of 11 August, 2006.
There have been in-depth discussions between the Defence Forces and their Finnish counterparts, including a joint reconnaissance to Lebanon, concerning the possible deployment to UNIFIL of Irish personnel as part of a joint Finnish-Irish unit, the details of which unit are still being worked out.
506 Mr. Connolly asked the Minister for the Environment, Heritage and Local Government the criteria for the erection of mobile communications masts in the vicinity of schools; and if he will make a statement on the matter. [30797/06]
In general, planning permission must be sought for the erection of an antenna support structure or mast. In July 1996 my Department issued Guidelines for Planning Authorities on Telecommunications Antennae and Support Structures. Their purpose was to assist planning authorities, An Bord Pleanála, operators of mobile telecommunications services and the general public by providing guidance on dealing with telecommunications masts and base stations within the planning system.
The Guidelines advise that "in the vicinity of larger towns and city suburbs operators should endeavour to locate in industrial areas or in industrially zoned land". They advise that "only as a last resort should free-standing masts be located within or in the immediate surrounds of smaller towns or villages" and also that "only as a last resort should free standing masts be located in a residential area or beside schools". Planning authorities must have regard to the Guidelines in considering applications for permission for new masts in their areas.
The Planning and Development Regulations 2001 set out certain limited exemptions for telecommunications infrastructure and equipment. These include subject to certain conditions, the attachment of additional antennae to an existing antenna support structures, the replacement of an existing antenna support structure and the attachment of antennae to certain existing structures, such as telegraph poles, electricity pylons and certain public or commercial buildings. These exemptions specifically exclude attaching antennae to existing structures such as educational facilities, childcare facilities and hospitals. These Regulations were the subject of extensive debate in the Joint Oireachtas Committee on the Environment and Local Government, and were subsequently approved by both Houses of the Oireachtas. It is a matter for each local authority to ensure that developments permitted in their area conform to these standards.
Following the Oireachtas Joint Committee on Communications, Marine and Natural Resources Report on Non-ionising radiation from mobile phone handsets and masts of June 2005, an inter-departmental advisory committee and an expert group, working to the committee, has been established to provide advice on the appropriate action to be taken on foot of the recommendations contained in the Oireachtas Committee report. The work of the committee and expert group is in train and I expect it to be finalised by the end of 2006, following which appropriate action will be addressed.
507 Mr. Ó Fearghaíl asked the Minister for the Environment, Heritage and Local Government the present situation with regard to the new sewerage treatment system for Kildare Town; if his Department has approved all stages of the proposed development; the expected timescale for the completion of the project; and if he will make a statement on the matter. [30443/06]
The Kildare Town Sewerage has been approved for funding under my Department's Water Services Investment Programme 2005-2007. My Department is currently examining Kildare County Council's Preliminary, Public Private Partnership Applicability and Water Services Pricing Policy Reports for the scheme and a decision will be conveyed to the Council as quickly as possible. While the Council has already submitted contract documents for the upgrading of the sewerage collection network, my Department must complete its appraisal of the scheme as a whole before authorising the invitation of tenders Council for all or part of the scheme.
508 Mr. Ó Fearghaíl asked the Minister for the Environment, Heritage and Local Government if his Department has received proposals from Kildare County Council, for a social housing development at Coolaghknock Glebe, Kildare town; if he will approve the necessary funding to allow the project to commence as soon as possible; and if he will make a statement on the matter. [30444/06]
My Department gave approval to Kildare County Council to accept a tender for the construction of social housing at Coolaghknock Glebe in Kildare town in December, 2005. There were some outstanding issues to be resolved relating to the overall budget cost for the scheme. However, the Department considered that these should not be critical to the Council commencing work on site. Following further discussions and correspondence with the Council the Department approved an amended budget cost for the scheme in August 2006. It is now understood from the Council that a contract will be signed for the work in the next two weeks.
509 Mr. O’Connor asked the Minister for the Environment, Heritage and Local Government if he will confirm that he is considering a new scheme of letting priorities submitted to him by South Dublin County Council which would include an initiative in respect of older persons; and if he will make a statement on the matter. [30445/06]
South Dublin County Council has submitted a revised scheme of letting priorities for approval to my Department. Following discussions and correspondence between the Department and the Council on the contents of the revised scheme, it is expected that a decision will be conveyed to the Council shortly.
510 Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if funding has been made available to ensure meeting Ireland’s commitment to the EU civil protection mechanism; what the mechanism entails; and if he will report on the matter. [30490/06]
511 Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if EU funding has been applied for, including from the Leonardo Da Vinci fund, to ensure that Irish emergency personnel are adequately trained to fulfil Ireland’s commitment to the EU’s civil protection mechanism; and if he will report on the matter. [30491/06]
I propose to take Questions Nos. 510 and 511 together.
The EU Civil Protection Mechanism provides for interventions both inside and outside the European Union following a request for assistance (personnel, equipment and/or supplies) from a country where the domestic emergency services are unable to cope in the aftermath of a major natural or man-made disaster. Under the Mechanism, when a request for assistance is received at the EU Monitoring and Information Centre (MIC), this request is transmitted to all of the participating states and offers of assistance are co-ordinated by the MIC and relayed to the requesting country. The requesting country then decides which offers (or elements of offers) to accept.
Ireland participates fully in the EU Civil Protection Mechanism. When a request for assistance is received by my Department from the MIC, it is examined in consultation with other Government Departments and relevant agencies and a decision is made on whether an offer of assistance can be made. Participation in the Mechanism following a request for assistance is voluntary and does not involve any prior commitment, financial or otherwise.
Ireland is committed to relevant training programmes, exercises and expert exchanges in the field of Civil Protection. Eight Irish nominees have undertaken civil protection training courses to date. The courses in question are the Community Mechanism Induction Course, the Operational Management Course and the High Level Co-ordination Course. These training courses are essentially directed at team leaders and incident assessors.
The Leonardo da Vinci II programme is the EU's Vocational Training Programme; it has no direct relevance to the operation of the Civil Protection Mechanism. My Department has not applied for funding under this programme.
512 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government the process which is being put in place for the inspection of properties to establish their efficiency rating; and the way in which it is envisaged that the inspection system will be monitored. [30492/06]
In accordance with the EU Energy Performance of Buildings Directive-EPBD (2002/91/EC of 16 December 2002), Building Energy Rating (BER) will be required for newly constructed buildings and for existing buildings when sold or let. BER will become mandatory, on a phased basis, over the period 2007-2009.
BER will be required for new dwellings commencing on or after 1 January 2007. To avoid disruption of the house-building programme, there will a transitional exemption from BER of new dwellings for which planning permission was applied for on or before 30 June 2006, provided the new dwellings involved are substantially completed by 30 June 2008.
BER will be issued by registered assessors who have successfully completed a training programme that:
(a) meet the requirements of a Training Specification to be published this week and as proposed in the EPBD Action Plan; and
(b) has been validated by a national accreditation body e.g. Further Education and Training Awards Council (FETAC), Higher Education and Training Awards Council (HETAC).
A comprehensive Quality Assurance (QA) system is being put in place, which will involve quality control of calculation procedures, software validation, error detection, auditing of assessors and ratings etc.
513 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if instructions were issued to local authorities to the effect that the allocation of existing local authority houses which already have solid fuel cookers but no central heating are required to retain such coolers in their present location within the house in the event of the new tenant wishing to avail of gas central heating; and if he will make a statement on the matter. [30517/06]
The installation of central heating is a matter for the local authority concerned. No instructions have been issued by my Department relating to the retention or otherwise of solid fuel cookers. Under the Central Heating Programme local authorities have been asked to satisfy themselves that any heating system installed is safe, efficient and appropriate to the needs of the tenants.
514 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government if there are grants available for a person to build a “granny” flat onto the family home to house an elderly family member; and if he will make a statement on the matter. [30573/06]
There are no specific grants available from my Department for the building of granny flats onto family homes. There are, however, a number of schemes available, which are intended to assist with works, which provide additional or adapted accommodation in private houses.
The Disabled Persons Grant, which is administered by the local authorities, is available for the provision of additional accommodation or the carrying out of works of adaptation, which are necessary to make a house more suitable for a disabled member of the household. The scheme is increasingly used to address the age related mobility issues of older persons. The types of work allowable under the scheme are the provision of access ramps, downstairs toilet facilities, stairlifts, accessible showers, adaptations to facilitate wheelchair access, extensions etc.
The essential repairs grant, which is administered by the local authorities, enables people in houses, which cannot be made habitable in all respects at a reasonable cost, to have basic repairs carried out to them. The scheme is directed primarily at older persons and is intended to facilitate having those conditions improved sufficiently to allow them to remain in their homes for their lifetime and to avoid having to move to a different area or to be rehoused by the local authority.
The Special Housing Aid for the Elderly Scheme operates under the aegis of my Department and is administered by Health Service Executives. Aid is available under the scheme for necessary repairs to make a dwelling habitable for the lifetime of the occupant. Works generally extend to the repair or replacement of external doors and windows, gutters, replacement of missing or loose roof tiles, dry lining/damp proofing of rooms, such as a bedroom or living room persistently in use, replacement of defective electrical wiring, repair of fireplaces and, where required, the provision of presses or shelves for the storing of food or clothing. A suitable form of heating may also be installed e.g. storage heating.
The Improvement Works in Lieu Scheme enables local authorities to improve or extend a privately owned house, which is or will be occupied by persons in need of local authority housing. The types of works allowable are the elimination of defects and the provision of additional accommodation to eliminate overcrowding or to accommodate a person not residing in the house who is approved for local authority housing.
515 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government the steps he will take to update regulations on conditions and standards in landlord owned properties and on the general up keep and maintenance of such properties; and if he will make a statement on the matter. [30576/06]
The action programme on private rented standards, which I announced last month, includes a commitment that a general review of the existing standards regulations will commence later this year. This will be carried out in consultation with the Private Residential Tenancies Board (PRTB), local authorities and other relevant interests.
516 Mr. G. Murphy asked the Minister for the Environment, Heritage and Local Government the reason no system is in place to collect plastic from farms, in view of the fact that farmers pay for the disposals of plastic when they purchase these products. [30720/06]
To address the issue of accumulated backlogs of farm plastic, designated facilities are being provided on a temporary, once-off basis by local authorities where farmers may deposit stockpiled farm film plastic and silage wrap. This arrangement operated on a pilot basis in the first instance in counties Galway, Clare, Mayo, Offaly and Waterford during June and July of this year. This service is free to the farmer and funding to assist the local authorities is being made available from my Department through the Environment Fund.
The collections were well supported by farmers in the counties participating in the pilot phase leading to large quantities of plastic being deposited at designated sites. A significant finding from the pilot scheme is that it is not possible to operate collections in a large number of counties at the same time due to capacity constraints on the part of recovery operators. Accordingly, it is necessary to roll out the scheme to other areas on a staggered basis. Arising from a comprehensive examination of the information available, I have recently announced that collections of waste silage-bale wrap will now be put in place by Leitrim, Roscommon, Carlow, Longford, North Tipperary and Wicklow County Councils. Announcements regarding further extensions of collections to other areas, including Kerry, will follow completion of collections in those counties taking part in the second phase of the scheme.
The local authority collections are being put in place on a once off basis to remove accumulated silage bale wrap and sheeting from farms. Under the Waste Management (Farm Plastics) Regulations 2001, producers — i.e. manufacturers and importers — of farm plastics (silage bale wrap and sheeting) are required to take steps to recover farm plastics waste which they have placed on the market or alternatively to contribute to, and participate in, compliance schemes to recover the waste in question. The Irish Farm Film Producers Group (IFFPG) is currently the sole approved body in Ireland for the purposes of implementing a compliance scheme for the recovery of farm plastics waste.
Under the IFFPG scheme, producers apply a levy on the sale of farm plastics that in turn is transferred to the IFFPG for use in funding the collection and recovery of farm plastics waste. In spite of the successful operation of the scheme in recent years, it became apparent this year that the Scheme lacked sufficient resources to satisfy the demand that existed for collections of farm plastics. Therefore, following discussions with the IFFPG, farming organisations and local authorities, last May I announced amendments to the scheme to support improved services to farmers. Under the new arrangements, the scheme is being funded by a combination of the existing levies paid by the producer members of IFFPG who run the scheme and funding from weight based collection charges to be paid by farmers availing of the service. This will improve the operational efficiency of the scheme by incentivising the presentation of clean, dry plastic by farmers. IFFPG estimate that a typical farmer will incur a cost of €50 every second year arising from the introduction of this charge. The effect of the introduction of a charge will be to ensure that supply of collections of farm plastics to farmers can match the demand on an ongoing basis. Collections of film plastic and silage wrap are currently being provided nationwide by the (IFFPG) on this basis.
517 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government when a sale scheme for tenants of local authority flats will be put in place; and if he will make a statement on the matter. [30722/06]
My Department is currently preparing proposals for the legislation required to give effect to the commitment in the Housing Policy Framework: Building Sustainable Communities to introduce a new tenant purchase scheme that will allow for the sale of local authority apartments to tenants under certain conditions. Draft legislation will be brought before the Oireachtas as soon as possible.
518 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government if he is working on proposals in co-operation with Dublin City Council to replace senior citizen bed-sit accommodation by one-bedroom accommodation; and when he expects to introduce a programme of building and reconstruction to achieve same. [30723/06]
It is understood that Dublin City Council are finalising a strategy to be completed early in 2007 to replace their senior citizen bed-sit accommodation with separate bedroom(s) and living areas. Following the completion of this report it is the intention of the City Council to make a submission to my Department requesting capital funding to undertake this programme. My Department's current Social Housing Design Guidelines indicate that local authorities should provide dwellings with separate bedroom(s) and living areas in all instances.
519 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government if he has received a refurbishment scheme proposal for an avenue (details supplied) in County Kerry from Tralee Town Council and if a decision has been taken on same. [30724/06]
Tralee Town Council submitted proposals to my Department in mid 2005 to carry out refurbishment works, extensions and site development works to the scheme in question. It was considered that a more efficient use could be made of the available site and following discussions with my Department the Council have been requested to review their submission. My Department will further consider the scheme on receipt of the Council's revised proposals.
520 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government when a decision will be made on an application by a person (details supplied) in Co. Galway; and if he will make a statement on the matter. [30725/06]
The application referred to in the Question to have lands excluded from a Special Area of Conservation was received by my Department in July. The first step in such an appeal is to have the case reviewed internally. Regional staff in my Department have recently assessed the lands in question and a recommendation will be made shortly. A decision will be communicated to the applicant as soon as possible thereafter. Should the applicant be dissatisfied with the outcome, there is an option available to have the case referred to the independently chaired External Appeals Advisory Board.
521 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if he will sanction a grant for the improvement of a road (details supplied) in County Mayo; and if he will make a statement on the matter. [30726/06]
The provision and improvement of non-national roads in County Mayo is a matter for Mayo County Council to be funded from its own resources supplemented by State grants provided by my Department. In 2005, my Department sought applications from road authorities for funding under the 2006 EU Co-Financed Specific Improvement Grants scheme. The initial selection of projects to be submitted for consideration for funding under this scheme is a matter for road authorities. Mayo County Council's submission did not include an application for funding for the R325 past Kilmovee. In July this year my Department sought applications for consideration for funding in 2007 under the EU Co-Financed Specific Improvement Grants scheme. It is open to Mayo County Council to submit an application for consideration under this scheme.
522 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that corporations are buying houses within private estates for tenants as social housing; the number of houses which have been provided within estates in this way; the number of homes which have been provided in this way in County Sligo; and if he will make a statement on the matter. [30855/06]
Local authorities have been encouraged to accelerate progress on the implementation of their housing programmes in order to provide as many social housing units as possible to meet housing need. This includes the acquisition of dwellings to meet their housing targets as set out in their Housing Action Plans. Typically, local authorities purchase such units in areas where they do not have the necessary land for development or to address the specific housing needs of persons on the waiting lists.
A total of 918 dwellings were acquired by local authorities in 2005. In this period, Sligo County and Borough Councils acquired 8 and 20 dwellings respectively. Information on the number of local authority housing units acquired in previous years is published in my Department's Annual Bulletin of Housing Statistics and is available on my Department's website at www.environ.ie.
523 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the progress which has been made to date on the proposed sewerage scheme for the Gweedore area of County Donegal. [30994/06]
The Gweedore Sewerage Scheme is approved for funding under my Department's Water Services Investment Programme 2005-2007, at an estimated cost of €25.2 million. Donegal County Council's Preliminary Report for the scheme is under examination in my Department and is being dealt with as quickly as possible. Following approval of the Preliminary Report the Council will be in a position to prepare Contract Documents.
524 Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government the amount which has been provided to each local authority for the purposes of updating the electoral register; the strategy for determining the needs of each authority which was deployed; when he expects the work will be complete; if there is an ongoing review of progress; if further funding requests will be considered; the mechanism which will be deployed to ensure the register is kept up to date; and if he will make a statement on the matter. [30997/06]
530 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the progress that has been made to date to update the electoral register; when it is envisaged that this process will be complete; the measures in place to ensure that there are no erroneous deletions made which would result in a voter being disenfranchised in particular cases, for example, if a voter was in long-term hospital care or if a voter had literacy issues; and if he will make a statement on the matter. [31044/06]
I propose to take Questions Nos. 524 and 530 together.
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 and to review progress in this regard as appropriate. Local authorities must publish the draft Register on or before 1 November each year and they must publish the final Register on 1 February.
In April 2006, I announced a package of measures to assist local authorities in their work on preparing the 2007/8 Register, which included the use of Census enumerators or other temporary personnel to support local authorities in preparing the next Register. The CSO contacted census enumerators seeking expressions of interest in the work; lists of enumerators expressing such an interest in each city and county council area were made available to local authorities. This cleared the way for recruitment and deployment, as appropriate, by local authorities of additional temporary staff for the registration campaign.
In addition, my Department worked with a group of local authority managers and senior officials to put in place an enhanced programme for improving the next Register. Detailed procedures for the carrying out of registration fieldwork were finalised and issued to local authorities in early July. The procedures include provision for ensuring that each household is visited and provided with forms and information at least twice, if necessary. In the event that this process does not satisfactorily register the household, written notification would then be given cautioning of the danger of being omitted from the Register. A person not on the draft register when published on 1 November may apply (before 25 November) for inclusion on the final register to be published on 1 February 2007 or may apply for inclusion on the supplement to the register which closes on the fifteenth day before the next polling day.
New supplies of the electoral registration (RFA) forms were distributed to all local authorities in June (significantly earlier than in previous years). I also committed to providing additional ring-fenced financial resources to support local authorities' own spending in respect of the register campaign and have advised authorities that a contribution of some €6 million can be made available in this regard. An initial allocation of some €3 million, based on the number of households in each local authority area, was made available in July to local authorities for registration work; details of allocations are set out in the table below.
As regards publicity and awareness, a two-stage approach has been developed, involving information notices followed by an intensive media campaign. Information notices were published in the national press on 19-21 August, urging co-operation with local register campaigns. In addition, a national publicity and awareness campaign involving TV, radio, press and outdoor advertising commenced on 11 September and will run until 25 November (the closing date for submitting corrections to the Draft Register). An on-line register search facility is now available through local authority websites. A link from my Department's website (www.environ.ie) to the relevant search facility has also been provided.
New arrangements for the deletion of names of deceased persons from the Register are now in place: the new system allows for the efficient and timely deletion of the names of deceased persons from the Register using the Death Event Publication Service which has been developed by Reach in association with the General Register Office.
New guidance for local authorities on Preparing and Maintaining the Register of Electors was made available to authorities in electronic format on 31 May. Printed copies of the guidance were subsequently sent to all local authorities, returning officers and relevant Government Departments. In the final version of the guidance, the importance of local authorities cross-checking the Register with other databases available to them is stressed. The measures I announced in April are important supports for action by local authorities to improve the accuracy and comprehensiveness of the Register in their areas.
|
Local Authority |
Grant for Electoral Register Purposes |
|
County Councils |
€000 |
|
Carlow |
35 |
|
Cavan |
43 |
|
Clare |
79 |
|
Cork |
245 |
|
Donegal |
104 |
|
Dún Laoghaire-Rathdown |
149 |
|
Fingal |
142 |
|
Galway |
105 |
|
Kerry |
101 |
|
Kildare |
118 |
|
Kilkenny |
60 |
|
Laoighis |
43 |
|
Leitrim |
21 |
|
Limerick |
89 |
|
Longford |
24 |
|
Louth |
78 |
|
Mayo |
92 |
|
Meath |
97 |
|
Monaghan |
39 |
|
North Tipperary |
47 |
|
Offaly |
47 |
|
Roscommon |
42 |
|
Sligo |
46 |
|
South Dublin |
171 |
|
South Tipperary |
62 |
|
Waterford |
43 |
|
Westmeath |
54 |
|
Wexford |
89 |
|
Wicklow |
85 |
|
City Councils |
|
|
Cork |
100 |
|
Dublin |
421 |
|
Galway |
49 |
|
Limerick |
44 |
|
Waterford |
36 |
|
Total |
3,000 |
525 Ms Shortall asked the Minister for the Environment, Heritage and Local Government if he will establish from the National Driver File the number of drivers that currently stand disqualified; the procedures in place for relaying this information to the Gardaí; the manner in which this is done; and the frequency of same. [31039/06]
The records on the National Vehicle and Driver File (NVDF) indicate that the number of drivers that currently stand disqualified is 17,253 some 28 of these disqualifications are penalty point related. The Garda Síochána are supplied by my Department, on a weekly basis, with an electronic extract from the National Driver File which provides details in relation to each driving licence including disqualification data where relevant. In addition, for each disqualification arising from penalty points, my Department notifies the Garda Síochána by email at the same time as the disqualification notifications issue to the drivers concerned.
526 Mr. Deenihan asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of a sewerage scheme (details supplied) in County Kerry; and if he will make a statement on the matter. [31040/06]
Finuge Village is part of Phase 1 of the Kerry Villages Waste Water which is included in my Department's Water Services Investment Programme 2005-2007 as a scheme to commence construction in 2007. My Department is currently awaiting submission by Kerry County Council of a Preliminary Report for the scheme. However, I understand that the Council is also developing a countywide strategy to optimise the delivery of wastewater services to up to 28 villages, including Finuge. Any proposals emerging from the strategy will be considered as quickly as possible by my Department.
527 Mr. Deenihan asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of a sewerage scheme (details supplied) in County Kerry; and if he will make a statement on the matter. [31041/06]
Milltown is part of Phase 1 of Kerry County Council's proposal to refurbish a number of village sewerage schemes which has been included in my Department's Water Services Investment Programme 2005-2007. I understand that the Council is currently assessing tenders for the sewage collection system for Milltown and has advertised for expressions of interest from prospective tenderers for the treatment plant.
528 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the reason the election management software for electronic voting was not developed in accordance to any standard process and is not developed as a mission critical system; and if he will make a statement on the matter. [31042/06]
529 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the second report of the Commission on Electronic Voting found that the electronic voting system may, with many adjustments, reach the high standard of secrecy provided by the paper system, but that it is unlikely to ever exceed that high standard; if in view of this he will scrap the electronic voting proposal. [31043/06]
531 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government if he will carry out all the recommendations made by the Commission on Electronic Voting; his estimates of the resources required, in terms of time, money and personnel to carry out the recommendations. [31045/06]
I propose to take Questions Nos. 528, 529 and 531 together.
The Commission on Electronic Voting concluded in its Second Report on the Secrecy, Accuracy and Testing of the Chosen Electronic Voting System, which was published on 4 July 2006, that it can recommend the voting and counting equipment for use at elections in Ireland, subject to further work it has recommended. The Commission made it clear that many of its recommendations involve only relatively minor modifications or additions to the system. While the software of the voting machine was considered by the Commission to be of adequate quality requiring only minor modifications and further analysis to confirm its reliability, it was unable to recommend the election management software. In the context of its comparison of the electronic and manual voting systems, the Commission concluded that, subject to its recommendations being implemented, the chosen system has the potential to deliver greater accuracy than the paper system and can provide similarly high levels of secrecy.
My Department's priority in the preparations for the national roll-out of the system for the June 2004 polls was to confirm that the system functioned effectively and that staff were trained in their duties and responsibilities. While it is acknowledged that additional measures can be taken to strengthen further the security protocols surrounding the system, provide more fully documented procedures and otherwise enhance the system, the fundamental operability, accuracy and functionality of the system, and its effective operation, are not in doubt.
In response to the report, the Government has established a Cabinet Committee, which I chair and which includes the Tánaiste and the Minister for Communications, Marine and Natural Resources, to consider the report and other assessment work in detail; report to the Government on the full implications of the Commission recommendations; consider the composition of a peer review group (drawn from international electoral reform bodies and the IT industry) to supervise any software redesign work; report to the Government on confidence building measures; and identify any other improvements that might be built into the system. The work of the Cabinet Committee is underway.
532 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government the plans he has to introduce national guidelines regarding the implementation of Part V of the Planning and Development Act by local authorities; and if he will make a statement on the matter. [31098/06]
Comprehensive guidelines to assist local authorities in the implementation of Part V of the Planning and Development Act, 2000 have issued on a number of occasions by my Department since December, 2000. These Guidelines are currently available on my Department's website at www.environ.ie and may be purchased from the Government Publications Sales Office.
The most recent advice in this matter involved five regional seminars which offered local authority officials an opportunity to discuss their experiences to date of the implementation of Part V. The seminars were structured around a Part V Resource Pack prepared by the Affordable Homes Partnership in collaboration with the Department. My Department constantly monitors the operation of Part V and will continue to advise local authorities on issues affecting implementation. I am satisfied that local authorities are implementing Part V as it was intended.
533 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government if work has begun on the reform of the disabled persons grant scheme; his Department’s progress to date; the way he will improve the scheme; and if he will make a statement on the matter. [31099/06]
The review of the Disabled Persons Grant scheme, which incorporates the conditions governing the Essential Repairs Grant scheme and the Special Housing Aid for the Elderly Scheme was recently finalised within my Department. The aim of the review has been to ensure that the available resources are targeted to those in most need of such assistance, to streamline as far as possible the procedures governing the operation of the grant scheme, and to introduce a level of consistency in operation across local authorities.
Proposals for the future operation of the schemes are now being prepared by my Department, in consultation with other public agencies concerned, and I expect to be in a position to announce these shortly.
A key objective of the Department's Sectoral Plan is to encourage and facilitate access to appropriate housing and accommodation for persons with disabilities. The commitment given in relation to the Disabled Person's Grant scheme is that the reform of the scheme will be completed in 2006;
The review has been completed within the Department and proposals for the future operation of the schemes are currently under consideration. A working group comprising representatives of the Department of Health & Children, the HSE, and local authorities has been convened and will focus on finalising the relevant aspects of the amended schemes in a short space of time. It is expected that the proposals for the future operation of the schemes will be ready to be announced shortly.
