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Dáil Éireann díospóireacht -
Wednesday, 18 Oct 2006

Vol. 625 No. 5

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 9, inclusive, answered orally.
Questions Nos. 10 to 82, inclusive, resubmitted.
Questions Nos. 83 to 89, inclusive, answered orally.

Customer Services.

Liam Twomey

Ceist:

90 Dr. Twomey asked the Minister for Finance if his attention has been drawn to the criticism of the Revenue Commissioner by the Institute of Taxation; and if he will make a statement on the matter. [33159/06]

I have seen the recent newspaper report about the survey. Customer surveys can be useful in providing feedback on service delivery. In fact, I am advised that Revenue has recently conducted its own survey of SMEs, and while they are currently in the process of analysing the preliminary results, the indications from this survey are generally very positive as regards Revenue's service to businesses. I have also noted a recent comment by the Small Firms Association to the effect that they regard Revenue as being among the most proactive of Government agencies when it comes to empathising with the needs of small business. Therefore one needs to seek a balance in reporting on such matters.

I am advised by Revenue that they continuously examine ideas to further improve service to all their customers, including tax practitioners. Earlier this year, senior staff from Revenue conducted a series of interviews with the major tax practitioner bodies to seek their views on service issues and that ideas on further improving service to tax practitioners will be advanced through the Tax Administration Liaison Committee, which is made up of Revenue and representatives of the main Accountancy Bodies, the Law Society and the ITI.

Revenue continues to work closely with all tax practitioner bodies and clearly Revenue sees tax practitioners as very important to the smooth running of the self-assessment tax system. For example, at present some 70% of Income Tax self assessment returns are filed electronically — mostly by tax practitioners on behalf of their clients — through Revenue's on-line service (ROS), which has been a tremendous success.

I will be meeting with the Irish Taxation Institute shortly in the context of the pre-budget submission process.

Tax Code.

Seán Ryan

Ceist:

91 Mr. S. Ryan asked the Minister for Finance in relation to tax incentives on private hospital developments, the number of applications which have been made under the scheme; the number of applications which have been approved; the number of hospital beds to be supplied by the approved applications; the expected cost of the tax foregone on these developments; and if he will make a statement on the matter. [33105/06]

There is no system of prior application and approval under the scheme of tax relief for the construction or refurbishment of buildings used as private hospitals. When the relevant facilities have been completed, and provided they meet the necessary criteria, investors can then claim tax relief on the expenditure incurred under the scheme in their annual income tax returns as part of the self-assessment system. All returns are subject to check and possible audit to ensure that, among other things, the tax relief is correctly claimed.

The Revenue Commissioners do not therefore have information on the number of hospital beds supplied or to be supplied as part of projects seeking tax relief under the scheme. However, in order for expenditure on a private hospital to qualify for the tax relief, the private hospital would have to provide a minimum of 70 in-patient beds on an overnight basis or 40 beds for day treatment services.

I am informed by the Revenue Commissioners that information on the scheme of tax relief for private hospitals was for the first time specified and separately included in personal income tax returns for the tax year 2004, the latest year available, and which were due for filing in October, 2005. No specific information on the cost of the scheme is available for the tax year 2002 (when the scheme of relief for private hospitals was introduced) or for 2003. Based on the information that has been received and collated to date for the tax year 2004, a total of €4.5 million was included in 37 claims for capital allowances for the construction of private hospitals. This figure would correspond to a maximum Exchequer cost of the order of €1.9 million for these returns in terms of income tax forgone.

I should point out that the Revenue Commissioners are concerned at preliminary indications that in some instances the new, separately categorised data on exempt income and property incentives may not have been correctly entered on the 2004 Income Tax returns. Revenue is engaging with the tax practitioner bodies to draw attention to these deficiencies and to rectify them. Revenue has also increased awareness among its own staff involved in processing tax returns of the need to ensure, through closer examination of the returns, that they are correctly completed.

Data for the tax years 2005 and 2006 is not yet available as the income tax returns for those years are not due for filing until October 2006 and October 2007, respectively.

I should also point out that the scheme of capital allowances for the construction of private hospitals was reviewed by Indecon Economic Consultants as part of the overall review of property tax incentives in 2005. Indecon consulted widely in the course of their review, including consultations with the Department of Health and Children and the Health Service Executive. The report was published on 6 February 2006 and is available on my Department's website. A summary of the main findings from Indecon's analysis of the scheme of capital allowances for private hospitals is as follows:

"There has been an overall increase in planning applications and approvals for private hospitals since 2000 but most have not proceeded to date.

Most of the extra investment in the sector would either not have been undertaken, or would have taken longer to come on-line in the absence of the tax incentive scheme.

While it is too early to provide detailed estimates of the impact of the scheme on the supply and on the costs of hospital beds, Indecon believes the scheme has the potential to address supply shortages in the sector and to reduce costs."

The net cost of the measure to date was estimated by Indecon at €23m from 2002 to 2005. This cost will be spread over a number of years.

Jerry Cowley

Ceist:

92 Dr. Cowley asked the Minister for Finance his views on whether a development tax scheme is needed for the Ballina and north Mayo areas of County Mayo as this area of Mayo is persistently being ignored by the Government; the financial investment plan his Department has in place for this region of Mayo; his further views on whether investment is needed; and if he will make a statement on the matter. [33226/06]

The Deputy will appreciate that in line with normal practice in the run up to the annual Budget and Finance Bill I do not wish to comment on the intention or otherwise to make changes in taxation. However, as I have pointed out in previous replies, I cannot in any way agree that North Mayo, or indeed any part of Mayo, is being persistently ignored by the Government. I would like to refer the Deputy to replies he received to previous Questions on this matter including Questions Nos. 354 and 355 dated 2 November 2005, Question No. 147 on 7 February 2006, Question No. 110 of 28 February 2006, together with my reply to questions on 9 and 21 March 2006 and I would like to take this opportunity to reiterate some of the points I have made in these previous replies.

While the Deputy is no doubt aware the allocation to any region of the country, including North Mayo, of public investment at project and sectoral level is a matter for the relevant Minister in the first instance, I have previously informed the Deputy that the role of my Department is to assist in achieving the Government's priorities, including those priorities designed to address the issue of job creation in areas such as North Mayo. I also indicated that progress is being made in prioritising expenditure under the National Development Plan (NDP) in the BMW Region and the indications are that the under-spend on a number of key infrastructure measures under both the Economic and Social Infrastructure OP and the BMW Regional OP is being addressed.

As I pointed out to the Deputy in my reply of 28 February, 2006, the latest data reported to my Department at that time indicated that some €750m has been spent in County Mayo under the NDP since 2000. Expenditure on housing, transport and environmental infrastructure alone had amounted to some €490m. In addition, ambitious plans have been set for further investment in transport infrastructure under Transport 21 which sets out targeted improvements to be made in a number of national secondary routes including the important N59 costal road which runs from Sligo through North Mayo on through Westport and into Galway City. Recently completed projects in North Mayo include phase 1 of the N26 from Ballina to Bohola with a further 18km currently being planned by the NRA. Work on the important N5 Charlestown bypass has begun and is due for completion in 2008. Further development of the N5 will see 14km of roadway being constructed which will bypass the town of Ballaghadereen. In addition, a further 17km of the N5 from Wesport to Castlebar will be upgraded following completion of planning for the project. When completed, these projects will further complement the 16km of the N17 between Knock and Claremorris which was completed in 2002 and the plans by the NRA for upgrading a further 25km of this route from Charlestown to Collooney.

Finally as I have previously pointed out that with respect to tax incentive schemes which come under my responsibility, I would draw the Deputy's attention to the fact that Ballina was among the 42 towns and cities that had integrated areas designated for tax relief under the 1999 Urban Renewal Scheme, while Belmullet, Charlestown and Foxford had sub-areas and sites designated for tax relief under the Town Renewal Scheme. Under both of these schemes tax relief has been and continues to be provided for the refurbishment and construction of certain residential, commercial and industrial buildings.

Following a major review of various property and area based tax incentive schemes I announced in Budget 2006 that the various reliefs either had achieved the objectives set out for them or were no longer considered to be cost effective in terms of the objectives set out for them and were therefore being terminated subject to certain transitional provisions. These included the urban renewal and town renewal schemes. This winding down of property based tax reliefs is consistent with the greater capacity of particular economic sectors nowadays to fund such investment from their own resources, and the sizeable capital investment which the Government itself is making through major new investments.

Export Performance.

John Deasy

Ceist:

93 Mr. Deasy asked the Minister for Finance his views on the medium term implication of Ireland’s export performance; and if he will make a statement on the matter. [33221/06]

Provisional data for the first half of 2006 show that the volume of exports in goods and services increased by almost 6% on an annual basis in that period. This compares with an annual increase of 3.9% for 2005 as a whole.

In the medium term, the outlook for Irish export performance remains broadly positive. Our existing strong export base, particularly in pharmaceuticals, food, medical devices, software and financial services, allied with our pro-business environment and skilled workforce, are factors which provide good grounds to expect a continued solid export performance from the Irish economy over the medium term. However, it is important that we remain focussed on improving our competitiveness, which has been declining in recent years.

To ensure that our export sector remains strong, the Government is adhering to prudent fiscal and expenditure policies as well as investing in infrastructure, education and skills development. We are undertaking reform of the public sector and are improving the delivery and efficiency of public services.

Tax Yield.

Ivor Callely

Ceist:

94 Mr. Callely asked the Minister for Finance the level of vehicle registration tax generated each year over the past seven years; if he has received submissions for his consideration to reduce VRT; the position of EU harmonisation in this area; and if he will make a statement on the matter. [33066/06]

I am informed by the Revenue Commissioners that receipts for VRT in respect of the last seven years are as follows:

€m

1999

771

2000

1,001

2001

788

2002

793

2003

819

2004

946

2005

1,149

The figures reflect the large increase in car sales over this period which is primarily a function of Ireland's strong economic growth where disposable incomes have grown significantly partly driven by this Government's policy of reducing income tax. The receipts also reflect the increase in population and a greater demand for larger and more expensive cars.

Of course as with most taxes, I receive submissions for their reduction or abolition, and this is also the case with VRT. In their pre-Budget submission, The Society of Irish Motor Industry are seeking a reduction in the rates of VRT. However, VRT is a very important source of revenue for the Exchequer providing 2.9% of total net tax receipts for 2005. It is a valuable source of funds especially given this Government's strategy of reducing other taxes such as income tax and increasing the level of funding for vital public services such as health and education.

The European Commission published a proposal for a directive in relation to car taxes in July 2005 which supports the gradual abolition of registration taxes which it believes is impacting adversely on the functioning of the internal market. However, the aim of the proposal is that such registration taxes would be replaced by higher circulation taxes (such as Ireland's Motor Tax) which would have a CO2 element or possibly increased excise taxes on fuel. VRT would also be required to have a CO2 basis in the period up to its abolition.

Tax Policy.

Pádraic McCormack

Ceist:

95 Mr. McCormack asked the Minister for Finance if the objectives for tax policy set out in the 2002 programme for Government remain the priorities for the last budget within which they can be delivered; and if he will make a statement on the matter. [33249/06]

The Government's approach to tax policy is set out in the Agreed Programme for Government and in recent Budgets and Finance Bills. Furthermore, under the Partnership Agreement, Towards 2016, the Government is committed to a taxation policy designed to maintain and strengthen the competitive position of the economy, foster improvements in productive capacity, economic and social development, and equity, while maintaining a sound fiscal stance. Decisions on tax changes will be taken in the context of the Government budgetary processes. In accordance with long-standing practice it would not be appropriate for me to comment on the details of the forthcoming Budget.

Proposed Legislation.

Michael Noonan

Ceist:

96 Mr. Noonan asked the Minister for Finance the circumstances in which a gift to a serving Minister will be deemed to be a conflict of interest under the purposed new amendment to rules governing ethics in public offices. [33180/06]

Mary Upton

Ceist:

113 Dr. Upton asked the Minister for Finance in respect of the announcement made on 11 October 2006, regarding a proposed amendment to the Ethics in Public Office Act in regard to the acceptance of gifts or loans by office holders or Members of the Oireachtas, when the legislation will be published; the main features of the proposed amendment; if there will be consultation with the Committee on Members’ Interests; if there has been consultation with the Standards in Public Office Commission on this proposal, if such consultation is planned; and if he will make a statement on the matter. [33115/06]

I propose to take Questions Nos. 96 and 113 together.

The Deputies will be aware that office holders and members of the Dáil and Seanad may accept a significant gift in only limited circumstances.

The Taoiseach and Tánaiste issued statements last week indicating that the Ethics legislation will be amended to require an office holder or member, before accepting a significant gift or loan, to seek the opinion of the Standards in Public Office Commission that acceptance of the gift or loan would not be likely to compromise the discharge of his or her public duties, and to abide by the Commission's opinion.

The details of the proposal are being worked on at present and the Government will bring forward legislation when this process has been completed.

As regards consultation, when the proposal is at a more advanced stage I intend to consult the Select Committees on Members' Interests before final decisions are made. In my view, it would not be appropriate to consult with the Standards in Public Office Commission at this stage in the process, in view of its general role and the role it would have in the operation of the proposed requirement.

Price Regulation.

Olwyn Enright

Ceist:

97 Ms Enright asked the Minister for Finance if he is satisfied that pricing of services provided by or regulated by Government is contributing adequately in containing price pressures in the Irish economy. [33173/06]

The annual rate of Consumer Price Index (CPI) inflation was 4.0 per cent in September, down from 4.5 per cent in August.

However, a better measure of underlying inflation is the EU comparable measure of inflation, the Harmonised Index of Consumer Prices (HICP). The HICP differs from the CPI in terms of coverage. The most notable difference relates to the exclusion of mortgage interest repayments from the HICP. Annual HICP inflation in Ireland was 2.2 per cent in September, down from 3.2 per cent in August.

I welcome the reduction in inflation in September and remain committed to further restraining inflation. When discussing inflation, it is important to first point out that the recent pick-up in inflation is largely due to external developments over which the Government has no control, namely higher oil prices and increased interest rates by the European Central Bank. Therefore when we focus on inflation we have to concentrate on areas that can be influenced domestically. Annual services sector inflation is currently running at 7.5 per cent and this is a cause for concern. This highlights the need for more competition in the economy as well as pay and profit restraint in all sectors in order to keep our cost base down.

Tackling the problem requires a response from all sections of society and not just the Government as many of the domestic driving forces of inflation are outside the control of Government.

The Government is taking actions in areas that it can influence. Thus there is no value added in bemoaning the need for fuel rises when these reflect changes in the world price at which commodities are bought or contracted for, such as, the price of energy in the case of gas and electricity.

Where we can, the Government is taking action to contain inflation by implementing responsible fiscal policies — for example, excise duties have not been increased in the last two years and the Government has removed the Groceries Order which should in time lead to greater price competition. I understand that my colleague, the Minister for the Environment, Heritage and Local Government specifically requested that in order to support competitiveness in the economy and to protect the interests of communities, local authorities should exercise restraint in setting any increases in commercial rates and local charges for the year. The Government is also investing in public infrastructure which will enhance our ability to produce more goods and services more efficiently and therefore help keep inflation down on a continuing basis.

To the extent that the prices of government services reflect increased wage cost factors, the effort must be to make the provision of the services more efficient. This is what we are seeking to do in modernising the public service.

I am confident that over the course of next year, inflation will moderate as the impact of higher oil prices falls out of the annual comparison.

Tax Yield.

Bernard Allen

Ceist:

98 Mr. Allen asked the Minister for Finance the value of stamp duty raised from first-time buyers in the most recent year for which data is available; and the stamp duty raised from houses in different price ranges. [33156/06]

I am informed by the Revenue Commissioners that the stamp duty yield in residential property sales where the relief for first-time buyers applied is estimated at €44 million in 2005 and €40 million in 2006 to end August.

The Stamp Duty yield from all residential property (including first-time buyers) broken down by reference to the consideration price bands corresponding to the rates of stamp duty is as follows:

Consideration price bands:

2005 Yield

€m

€127,001-€190,500

54

€190,501-€254,000

93

€254,001-€317,500

97

€317,501-€381,000

110

€381,001-€635,000

229

Over €635,000

341

These figures are rounded to the nearest million euro and are based on the yield arising from transaction documents stamped at any time during 2005. The total yield accounted for in this way does not coincide entirely with other figures recently supplied for the total yield from residential property in 2005 which were based on cash receipts brought to account in the year.

Tax Code.

Eamon Gilmore

Ceist:

99 Mr. Gilmore asked the Minister for Finance the plans he has to incentivise the purchase of cars with small rather than large engines following the EPA Environment in Focus Report, 2006 citing this as a contributory factor in the rapid growth in the emissions generation associated with the transport sector. [30891/06]

The EPA report referred to by the Deputy points out that although the emissions from individual vehicles will continue to fall as a result of technological advances and cleaner fuel, emissions from the transport sector look set to increase due to increased vehicle numbers and engine size.

It has to be borne in mind that Ireland has had historically low car ownership levels (compared with other EU countries) so it is not surprising that strong economic growth such as that experienced in recent years has brought about an increase in car ownership. In addition, Ireland's population growth also has an impact.

Notwithstanding this, I would accept the findings of the EPA that further revision of the taxation system to encourage the purchase of more fuel-efficient and lower emission cars should be examined. In last year's Budget, I introduced new tax concessions for flexible fuel vehicles and extended in time those existing for hybrid cars. I can assure the Deputy that we will be reviewing policy options that may have the capacity to reduce emissions from cars.

Tax Yield.

Billy Timmins

Ceist:

100 Mr. Timmins asked the Minister for Finance his estimate of the tax revenue derived from the housing sector; his estimate of the impact on the Exchequer of a 10,000 rise in the number of new houses built and a 10,000 move in the number of second-hand houses sold. [33176/06]

Activity in the housing sector impacts primarily on VAT, Stamp duty and Capital gains tax. Housing market activity also impacts on Income tax and PRSI receipts and Corporation tax from construction sector company profits.

VAT at 13.5% is included in the final price of a new house sold to the purchaser. I have been informed by the Revenue Commissioners that the VAT yield from new housing in 2005 was €2,046 million and from the maintenance and repair of all housing in 2005 was €418 million, giving a total figure for VAT from housing in 2005 of €2,464 million.

In the case of Stamp duty, €945 million was collected from residential property transactions in 2005.

In the context of the housing market, Capital gains tax would generally arise on the sale of houses which are not the principal private residences of the sellers. I do not have information at this time regarding the Capital gains tax yield in 2005 which is attributable to activity in the housing sector.

A 10,000 rise in the number of new houses built would boost VAT receipts. The latest Department of the Environment Housing Statistics Bulletin for Q2 2006 puts the average new house price nationally at €308,302. The VAT element would amount to €36,670. If 10,000 extra houses were built this could, all other things being equal, expect to generate around €370 million in VAT. Insofar as a higher level of activity would increase employment in the construction sector there would also be increases in Income tax and social insurance contributions.

In terms of Stamp duty, the additional yield from 10,000 extra new houses being built would depend on whether these new houses were purchased by first-time buyers or by investors. In general, all owner-occupiers would not pay stamp duty on new houses. For investors a rate of 5% would apply to a house purchased for €308,302.

A 10,000 move in the number of second-hand houses sold would primarily have implications for the Stamp duty and Capital gains tax yields. The extent of the impact would depend on a number of issues including whether the number of second-hand house being sold increased or decreased, whether or not the houses being sold were purchased by first-time buyers or by investors and at what price they were being sold.

I am unable to give a precise estimate but the revenue would be likely to exceed €200m on certain reasonable assumptions.

Tax Collection.

Michael D. Higgins

Ceist:

101 Mr. M. Higgins asked the Minister for Finance the action he will take arising from Chapter 2.5 of the Comptroller and Auditor Generals Annual Report; and if he will make a statement on the matter. [33089/06]

The 2005 Annual Report of the Comptroller and Auditor General deals with the work of a number of Government Departments. Chapter 2 is devoted to the tax collection and enforcement activities of the Revenue Commissioners and section 5 of that Chapter deals specifically with Revenue prosecutions for serious tax evasion.

The introduction to this section summarises Revenue's evaluation procedure for the selection of cases for prosecution. This vetting policy takes account of a number of factors, in particular the high evidential standard required for criminal prosecution and the seriousness of the offence in question.

The Report goes on to outline the court results of Revenue's prosecution activity in 2005 in relation to serious tax evasion. There were in fact thirteen convictions of companies and individuals in relation to ten Revenue prosecutions. This is the highest conviction figure for serious tax offences for any full year to date and reflects a new focus and determination on the part of Revenue to have prosecution as a feature of their response to serious tax evasion. In addition to the figures in the Report, there were also twelve Customs & Excise convictions for serious smuggling offences resulting in suspended sentences totalling twelve years and fines totalling €10,865.

I am satisfied that the Report reflects the increased success achieved by Revenue in its fight against serious tax evasion and in attaining the goals set out in its Statement of Strategy 2005-2007. I am confident that this progress will continue.

The Report of the Comptroller and Auditor General will be considered by the Public Accounts Committee who may issue a report and recommendations on the same to me in due course. I will respond to any such report.

Public Private Partnerships.

Shane McEntee

Ceist:

102 Mr. McEntee asked the Minister for Finance the number of projects which have been considered by the NDFA for the purpose of advising or funding options and the number which are to be funded by PPP. [33256/06]

The NDFA commenced operations in 2003, with the functions of advising State authorities on the optimal means of financing the cost of public investment projects in order to achieve value for money and on all aspects of financing, refinancing and insurance of such projects. Where it is appropriate to do so, NDFA has the power to raise funds for projects itself. To date, this has not arisen.

I am advised by the NDFA that to date 100 projects have been referred to it and that the number of those projects which are, or are expected to be, funded via Public Private Partnerships is 68.

Civil Service Staff.

Joe Sherlock

Ceist:

103 Mr. Sherlock asked the Minister for Finance the individual cases of overpayments to civil servants for annual leave entitlements which they did not take during their careers; the value of the overpayment in each case; the Department each individual belonged to; the number of and which Departments are still due to report on this matter; and if he will make a statement on the matter. [33111/06]

My Department was contacted by the Comptroller and Auditor General about a query he had raised with the Accounting Officer of the Department of Education and Science concerning payments for untaken annual leave at retirement in excess of the carry-over provisions of the relevant circular and legislation. While the Department of Finance is responsible for the policy with regard to annual leave it is a matter for Departments and Offices to ensure that this policy is implemented correctly on a daily basis.

My Department contacted Departments and Offices requesting a review of files for the past 4 to 5 years to identify any cases where the annual leave carry-over rules had not been properly applied and to rectify the matter.

Annual leave in excess of that provided for in legislation may be carried from one year to the next over a three year cycle. Statutory leave, 20 days for full-time employees, must be taken in the year in which it is accrued or with the consent of the employee within six months of the next leave year. Therefore in practice only annual leave in excess of the statutory provision is generally carried forward. At the end of the three year cycle the carried over annual leave must be taken or it is forfeited.

Responses have been received from Departments and Offices and the exercise indicates that in a small number of instances some payments were made to retiring officers which may have been made in excess of what is formally allowed for in the Department of Finance annual leave circular.

I am not in a position to give precise details at this stage of payments that were made which were inconsistent with the formal rules or without Department of Finance sanction. Some issues have arisen in connection with the circumstances in individual cases which are being clarified with the appropriate Secretary General or Head of Office.

Interest Rates.

John Perry

Ceist:

104 Mr. Perry asked the Minister for Finance if he is satisfied that as interest rates rise, the financial institutions are not taking the opportunity to increase their margins. [33162/06]

I have no statutory function in setting the interest rates offered by credit institutions — they are based on commercial criteria in the light of market conditions. Since 1992, the Irish banking market has been open to competition from credit institutions authorised in any EU/EEA Member State. Hence, new entrants to the market from abroad are competing with domestic banks for business in, for example, the market for personal deposits.

The September 2005 Competition Authority report on banking focused on two markets — personal current accounts and SME lending. It suggested measures aimed at promoting more active competition, but found no evidence of deliberate anti-competitive actions by banks. The Authority recommended action to make switching of accounts easier, and this is now in place.

The Financial Integration Monitor, published by the European Commission to assess major trends in the pan-European market, indicates that the cross border competition inherent in the single market has contributed to convergence in interest rates, which is particularly evident in relation to the highly competitive mortgage market in Ireland.

My function as the Minister for Finance is to provide an appropriate and robust legislative framework for regulation of the financial services sector. I am satisfied that, since the establishment of the Financial Regulator and the Financial Services Ombudsman, with a particular focus on the consumer, we have such a framework in place.

The Financial Regulator has drawn attention to the need for consumers to choose the right type of loan for their needs. The Consumer Credit Act, 1995, obliges credit providers to include specific information on the cost of all credit agreements, and additional information on the effects of a 1% increase in interest rates in the first year of a mortgage for a housing loan. This ensures that consumers are armed with the fullest possible information when making credit decisions and that they know the impact that servicing a loan will have on the household budget.

Pension Provisions.

Willie Penrose

Ceist:

105 Mr. Penrose asked the Minister for Finance his views on the proposals of the Irish Association of Pension Funds in relation to the tax on ARF’s, that the ARF and AMRF retirement options be extended to direct contribution schemes to protect PRSA holders with lower pension savings while still closing off the loophole for high net worth individuals; and if he will make a statement on the matter. [33104/06]

I have received a pre-Budget submission from the Irish Association of Pensions Funds and I will consider their proposals in the normal way.

I would make the following comments on the specific issue raised by the Deputy in relation to the tax on Approved Retirement Funds (ARFs). The change announced in Budget 2006 and given effect in the 2006 Finance Act, introduced an imputed or notional distribution of 3% of the value of the assets of an ARF on 31 December each year, which notional amount will be taxed at the ARF owner's marginal income tax rate. The change is being phased in over a 3 year period commencing next year. This measure was introduced because the internal review of tax relief for pensions provision undertaken by my Department and the Revenue Commissioners last year (and which was published earlier this year) found that the ARF option was largely not being used, as intended, to fund an income stream in retirement but instead was being used to build up substantial funds in a tax-free environment over the long-term. The imputed distribution measure will encourage the use of ARFs as intended, as funds actually drawn down by ARF owners will be credited against the imputed distribution to arrive at a net imputed amount, if any. Moreover, I would emphasise that ARF owners on lower incomes and who qualify for the higher income tax exemption limits for those aged 65 or over may not be affected at all by the measure, a point not properly acknowledged in the Association's submission.

As regards broader changes to the current arrangements for ARFs, this is a matter best left for consideration in the context of the ongoing consideration of the wider issue of pension and retirement provision in Ireland.

Tax Policy.

John Perry

Ceist:

106 Mr. Perry asked the Minister for Finance his views on the potential for taxation to play a role in promoting energy efficiency. [33161/06]

I have stated before that taxation can play a part in attaining environment objectives which includes promoting energy efficiency. In this regard, the National Climate Change Strategy does envisage initiatives in the tax area with one such example being tax reliefs for "green initiatives". Essentially this approach uses the tax system to provide incentives for certain behaviour. Such incentives include capital allowances for corporate investment in renewable energy projects which have been available since 1998, and the significant new Biofuels excise relief scheme which I provided for in Finance Act 2006.

This latter Scheme will

provide for excise relief on up to 163 million litres of biofuels per annum;

cost over €200m over 5 years;

result in CO2 savings of over 250,000 tonnes per annum;

meet a target of 2% transport fuel market penetration by biofuels by 2008;

help reduce our dependency on conventional fossil fuels, and

stimulate activity in the agricultural sector.

As a complementary measure, I provided in Finance Act 2006 for a new 50% VRT relief to promote new flexible fuel vehicles (cars designed to operate on biofuels) for an initial period of 2 years, and also extended the existing VRT relief for hybrid cars by a further year to end 2007.

Customs Service.

Catherine Murphy

Ceist:

107 Ms C. Murphy asked the Minister for Finance the number of staff employed by the Revenue Commissioners who have been appointed to Customs and Excise enforcement roles at airports, ports and borders and in other monitoring operations; if he will increase the overall number of such officers; and if he will make a statement on the matter. [33237/06]

I am advised by the Revenue Commissioners that the current number of staff assigned to Customs and Excise Enforcement roles at airports, ports and borders and in other monitoring operations is approximately 220. The number of staff deployed on any particular function within Revenue is a matter for the Revenue Board. I am assured that they keep such deployments under regular review having regard to risk, business demands and priorities.

Tax Yield.

Joe Costello

Ceist:

108 Mr. Costello asked the Minister for Finance his views on the Exchequer returns for the first nine months of 2006. [33095/06]

As the Deputy is aware, the Exchequer Returns to end-September were published on my Department's website on 4th October, together with my Press Statement.

The Exchequer Returns to end-September showed a deficit of €136 million, compared with a deficit of €1,123 million for the same period last year and a Budget Day forecast of an Exchequer Deficit of €2,927 million for 2006 as a whole.

Tax receipts to end-September, at €29,659 million were up 12.2 per cent on the same period last year and were €1,807 million or 6.5 per cent ahead of profile. The best performers were Stamp Duty (€687m above) Corporation Tax (€321m above), Capital Taxes (€317m above) and VAT (€296m above). All other tax heads are also above profile.

Overall issues for net voted expenditure for September 2006 were up €2,412 million or 9.8 per cent as compared to September 2005. Net voted expenditure at end-September was €1,039 million or 3.7 per cent below the published profiles, with capital €366 million below and current €674 million below.

The figures to end-September confirm that the public finances are in a sound position thanks to the prudent fiscal policies pursued by this Government. Overall, tax revenue is significantly ahead of profile, and public expenditure is within the targets set for it. These results combined with recent CSO data show that the Irish economy continues to perform well ahead of our EU partners.

It is important that we put this economic performance to good use by building up our infrastructure, maintaining our competitiveness and ensuring a fairer distribution of society's resources. These will be among my aims for the forthcoming Budget.

Pension Provisions.

Dinny McGinley

Ceist:

109 Mr. McGinley asked the Minister for Finance his views on the options for pension reform; and if he will make a statement on the matter. [33171/06]

The Government's position on pension reform is reflected in the statement issued in August by my colleague the Minister for Social and Family Affairs when the Report of the Pensions Board on Supplementary Pensions — "Special Savings for Retirement" — was published. This statement recognised the many challenges in relation to pension coverage, while also making it clear that no pension system is worthwhile unless it is sustainable. It also highlighted the need for any examination of pensions policy to recognise the following facts:

that the number of persons aged 65 is projected to double from a current level of some 464,000, to nearly one million by 2030;

the public cost of providing for those in this age group will rise from 13% of GNP to over 17%, apart from other pressures or enhancements to social welfare or public services;

there are over 4 workers contributing to the support of every pensioner at present; this will fall to 2.7 in 20 years time and to less than 1.5 workers per pensioner in 50 years time.

that people are living longer, healthier lives and this, in itself, must inevitably mean a longer working life is possible and that a higher pension age overall may in time become the norm.

The Government is committed to publishing a Green Paper on Pensions Policy outlining the major policy choices and challenges in this area. Work on the Green Paper, which will take account of the views of the social partners, is being progressed by my colleague the Minister for Social and Family Affairs. The Government is also committed to responding to the consultations arising from the Green Paper within 12 months of the ratification of Towards 2016 by developing a comprehensive framework for addressing the pensions agenda over the long-term.

The financial and economic sustainability of our pensions system is extremely important in the context of any future decisions the Government may take in this area. Changing demographic trends over the coming years will present a number of significant interrelated challenges which can only be addressed if the economy remains competitive and improves its long-term growth potential. It will be vital that policy development in this area is underpinned by a comprehensive assessment of the impact on competitiveness and macro-economic performance so that the right mix of policies can be developed for the long-term.

Price Inflation.

Ciarán Cuffe

Ceist:

110 Mr. Cuffe asked the Minister for Finance his views on the circumstances that have seen the annual rate of inflation double in a 16 month period. [33193/06]

Inflation, as measured by annual changes in the Consumer Price Index (CPI), was 4.0 per cent in September down from 4.5 per cent in August. The average annual rate of inflation for the first nine months of the year was 3.8 per cent compared to an annual average rate of 2.5 per cent for 2005 as a whole.

A large part of the recent pick-up in the annual inflation rate is due to external factors such as higher oil prices and interest rate increases by the ECB.

On Budget day, my Department forecast that CPI inflation would average 2.7 per cent in 2006. This forecast was based on the usual technical assumption of unchanged interest rates. My Department will publish updated forecasts in the coming weeks.

Customer Services.

Pat Rabbitte

Ceist:

111 Mr. Rabbitte asked the Minister for Finance his views on the recent NESF calls for the Government to regularly monitor and report on the standard of public services and to make these reports available to the public; and if he will make a statement on the matter. [33096/06]

I presume that the Deputy is referring to the report from the NESF dealing with ‘Improving the Delivery of Quality Public Services' which is currently at draft stage. I will be happy to give full consideration to the recommendations of the NESF on this matter when the work of the group has been concluded and the report finalised.

I should point out that for the last number of years there has been a performance verification process in place for all sectors of the public sector under the terms of various pay agreements. As a by-product of this process a large volume of information, in the form of organizational and sectoral progress reports as well as reports by the various sectoral Performance Verification Groups, is now available which sets out — often in great detail — what has been achieved over the past number of years. These Performance Verification reports were made available to the public. Towards 2016, the new agreement, continues to make provision for performance verification for all sectors, organisations and grades prior to the payment of any increases set out in the Agreement. The various reports and relevant documentation which will result from the process will also be made available to the public.

In the Civil Service sector, there are a number of mechanisms in place to measure service delivery. For example, under the Customer Charter Initiative Departments and Offices are required to have Customer Charters in place outlining service standards which demonstrate their organisation's capacity to meet the growing needs and expectations of their customers. Departments and Offices are required to report on performance against these service standards in their Annual Reports. Both Customer Charters and Annual Reports are also available in the public domain.

Tax Policy.

Joan Burton

Ceist:

112 Ms Burton asked the Minister for Finance his views on the implications for the Exchequer of a reform of stamp duty arrangements that would exclude first-time buyers from having to pay stamp duty; if he is planning changes to the current stamp duty regime; and if he will make a statement on the matter. [33080/06]

The stamp duty yield where First-Time Buyer Relief applied was €43.65m in 2005 and €40.4m in 2006 to the end of August.

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

Question No. 113 answered with QuestionNo. 96.

Proposed Legislation.

Martin Ferris

Ceist:

114 Mr. Ferris asked the Minister for Finance if he intends to introduce legislation amending the Credit Union Act 1997 in view of the concerns raised by the Irish League of Credit Unions and others regarding the deficiencies in the present legislation. [33232/06]

The Credit Union Act, 1997 provides the legal framework for the regulation of credit unions. The Act was designed to provide the credit union movement with a regulatory structure that reflects and promotes the particular ethos and philosophy of the credit union movement, its strong tradition of volunteer service and the core objective of providing opportunities for saving and lending for members of credit unions.

The approach to regulation embodied in the Credit Union, 1997 Act has served the credit union movement well by providing clarity and certainty to individual credit unions, their Directors and members. It has helped support the continued stability of the credit union movement and safeguard the members' savings during a period of rapid growth.

As Minister of Finance, my role is to ensure that the legal framework for credit unions continues to be appropriate for the effective operation and supervision of credit unions. In recent months, I have introduced a regulation to increase the amount of money that credit unions can take in on deposit. Furthermore, I understand that following a period of extensive consultations, the Registrar of Credit Unions will shortly be issuing guidelines on a new investment framework for prudent and responsible investment by credit unions.

Other developments include the establishment of a review group chaired by my Department to examine the limits on longer-term lending in Section 35 of the Credit Union Act, and the agreement by the Financial Regulator to examine proposals for reform of the Savings Protection Scheme with a view to approving the scheme under Section 46 of the Credit Union Act 1997 to strengthen the protection afforded to credit union savings.

I understand that both the credit union movement and the Registrar of Credit Unions share the view that reform of the Credit Union Act is required. I believe it would be helpful if there was a clearer, and if possible shared, understanding on how a new regulatory framework would operate before moving to develop specific proposals. Accordingly, I have recently written to the Chair of the Regulatory Authority to request that the Registrar of Credit Unions engage with the credit union movement in the first instance to find common ground in relation to the principles that might guide reform of the regulatory framework.

Tax Yield.

Paul Nicholas Gogarty

Ceist:

115 Mr. Gogarty asked the Minister for Finance if the increase in receipts in stamp duties to date in 2006 has been anticipated; and his plans to reduce reliance on this tax. [33195/06]

At end-September my Department had expected that receipts from Stamp duty would be €93 million greater than the corresponding period in 2005. The fact that receipts were €780 million ahead of the corresponding period in 2005 is due to the unforeseen, continued buoyancy of the property market.

While revenues from Stamp duty have made an increasing contribution to the Exchequer in recent years, we are not overly reliant on receipts from this source. Our forecast yield for Stamp duties in 2006 represented just over 6 per cent of forecast total revenues overall. By comparison, the two largest tax-heads in terms of receipts, Income tax and VAT, together accounted for some 60 per cent of expected revenues this year.

Interest Rates.

Brendan Howlin

Ceist:

116 Mr. Howlin asked the Minister for Finance his views on the implications for the economy here of the recent quarter point increase in interest rates announced by the European Central Bank; and if he will make a statement on the matter. [33084/06]

Interest rates are currently low in historical terms, and the recent increases would appear to have had a limited impact on the overall economy so far. Future impacts depend on the scale of any further increases and on the state of the EU and world economy generally at the time.

Fiscal Policy.

Róisín Shortall

Ceist:

117 Ms Shortall asked the Minister for Finance if his attention has been drawn to the findings of the annual review of the Irish economy by the IMF published in August 2006; if he will heed their call for modest fiscal tightening in the budget 2007; and if he will make a statement on the matter. [33102/06]

I was happy with the very positive findings of the IMF in their review of the Irish economy. I was particularly pleased with their recognition of the success of this Government's fiscal policy when they said that ‘Ireland's robust performance has been supported by sound economic policies, including prudent fiscal policy, low taxes on labour and business income, and labour market flexibility'.

While the IMF does call for modest fiscal tightening, it also acknowledges that this Government's high level of investment in public capital is appropriate now.

I will continue to implement the fiscal policies that have made this economy so successful going forward.

Tax Policy.

Seán Crowe

Ceist:

118 Mr. Crowe asked the Minister for Finance if he has considered the introduction of tax on windfall gains from planning decisions comparable to the planning gain supplement tax introduced by the British Government. [33234/06]

A 20% rate of CGT applies on the gains arising on the disposal of all assets, including land. Revenue from this source has increased from €168 million in 1997 to nearly €2 billion in 2005.

Where a windfall gain arises as a result of planning decisions, that gain is incorporated in the chargeable taxable gain. I have no plans to introduce a separate tax to deal with that element.

Value for Money Reviews.

Jimmy Deenihan

Ceist:

119 Mr. Deenihan asked the Minister for Finance if he is satisfied with the proposals for value for money reviews being put forward by Departments; and if he will make a statement on the matter. [33166/06]

On 11th June last I announced a revamping of the Expenditure Review Initiative (ERI). The ERI has been retitled Value for Money and Policy Reviews and has a broader coverage. For the period 2006-2008 the revamped framework will encompass formal reviews already agreed to be carried out under the ERI as well as all other Policy Reviews conducted and commissioned by Departments which impact on Value for Money.

Under the new arrangements the Government, on my recommendation, have approved some 90 formal Value for Money Reviews be carried out by Departments and Offices for the period 2006-2008. Each Department's and Office's programme of reviews will focus on significant areas of expenditure and major policy issues and will, as a general rule, have a minimum indicative coverage of 10-15% of their respective Budgets.

Departments have been directed to give priority to the timely completion of the new round of reviews. All the reviews will be published and submitted to the relevant Select Oireachtas Committee for consideration. I have written to the chair of each Select Committee setting out the reviews to take place relevant to that Committee's remit.

In addition, other policy reviews which impact on Value for Money will also be generally published and submitted to the relevant Select Committee. Departments will also report on progress on Value for Money issues in their Annual Reports and identify separately in their Estimates their expenditure on Value for Money and Policy Reviews.

This new initiative builds on Value for Money reforms already instituted such as the introduction of multi annual capital envelopes, revised capital appraisal guidelines, public procurement reforms and measures in regard to ICT and major consultancies announced last October. They will also complement my Budget 2006 Initiative on the production of published annual output statements by Ministers to accompany consideration of the Estimates of Expenditure from 2007.

National Development Plan.

Olivia Mitchell

Ceist:

120 Ms O. Mitchell asked the Minister for Finance the schedule of presentation of programmes under the national development plan. [33169/06]

Kathleen Lynch

Ceist:

131 Ms Lynch asked the Minister for Finance if he will confirm reports that local community groups will be allowed to bid for direct funds under the new national development plan; the maximum amount of funding per group; the qualifying criteria which will apply; and if he will make a statement on the matter. [33097/06]

Denis Naughten

Ceist:

135 Mr. Naughten asked the Minister for Finance his plans for the ring fencing of funding under the next national development plan; and if he will make a statement on the matter. [33063/06]

I propose to take Questions Nos. 120, 131 and 135 together.

The National Development Plan 2007-2013 will be a high level strategic document which will provide the framework for investment over the next seven years. The Plan will in particular seek to address the investment necessary to maintain national competitiveness and promote regional development within a sustainable economic and budgetary framework. Whilst the precise details of the Plan will have to await its publication it will focus on investment priorities and programmes in public, economic and social infrastructure including roads, public transport, environmental services, energy, housing, education, health, childcare and R&D. The Plan will also address investment in human capital, social inclusion and in enterprise development including agriculture, tourism and marine. The Plan will also address a number of horizontal themes including Regional Development, Environmental Sustainability, The Rural Economy and All-Island Co-operation.

The Plan will set out indicative national seven year allocations in the key programme areas. The allocation of these indicative amounts at project level will generally be a matter for individual Ministers, Departments and implementing agencies as appropriate over the period of the Plan. This would include any NDP allocations that may be available to community groups. Project level allocation will of course have to be consistent with the strategic goals of the NDP including maintaining national competitiveness, regional development, promotion of social inclusion and environmental sustainability. Work is continuing on the preparation of the Plan. When completed, the Plan will be submitted to Government for consideration and approval.

Given these considerations, it is intended that the Plan will be published around mid January next.

Public Private Partnerships.

Paul Connaughton

Ceist:

121 Mr. Connaughton asked the Minister for Finance if progress has been made in drawing down pension reserve moneys for the funding of PPP projects. [33168/06]

The National Pensions Reserve Fund Commission controls and manages the National Pensions Reserve Fund with discretionary authority to determine and implement the Fund's investment strategy in accordance with the Fund investment policy set out in the National Pensions Reserve Fund Act 2000. This investment policy is based on a commercial investment mandate with the objective of securing the optimal return over the long term, subject to prudent risk management.

With regard to commercial investment in public sector projects in this country, the Commission has stated that it will make equity and/or debt finance available to the winning bidder in the tender process for public-private-partnership projects, provided it is satisfied with the prospective rate of return. I understand that, to date, no moneys have been invested by the Commission in any such projects.

I would also note that lack of capital is not an issue with Ireland's PPP programme and the success or otherwise of the programme is not in any way dependent on investment by the National Pensions Reserve Fund.

Tax Policy.

Bernard J. Durkan

Ceist:

122 Mr. Durkan asked the Minister for Finance if he intends to reduce, amend or abolish stamp duty for first time or other categories of house buyer in line with the views expressed by his colleague to the effect that the revenue accruing from stamp duty was no longer required; and if he will make a statement on the matter. [33204/06]

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

Séamus Pattison

Ceist:

123 Mr. Pattison asked the Minister for Finance his views on the effectiveness of tax incentives for environmentally friendly vehicles and biofuels; the plans he has to request that tax incentives for environmentally friendly vehicles and biofuels are included in Budget 2007 in order to help meet our Kyoto commitments; and ifhe will make a statement on the matter. [33101/06]

In recognition of the need to tackle the issue of climate change and reduce our dependency on fossil fuels, this Government has introduced a number of tax reliefs aimed at promoting environmentally friendly vehicles, in addition to the promotion of alternative motor fuels.

Firstly, a VRT relief for hybrid electric vehicles was introduced in January 2001. The purpose of the scheme — which provides for a 50% reduction in the VRT charge — is to encourage the purchase of vehicles that use a combination of an internal combustion engine and an electric motor to derive motive power. This hybrid electric technology results in significantly lower pollutant emissions than conventional vehicles powered exclusively by internal combustion engines. Some 1,400 of such vehicles have been purchased to date.

In Budget 2006, I extended this 50% VRT relief to include flexible fuel vehicles. These are defined as cars or small vans produced so as to be capable of using a blend of ethanol and petrol containing a minimum of 85% ethanol. Inclusion of this category in the 50% VRT relief should encourage the purchase of vehicles that have been manufactured with flexible fuel capabilities which will result in lower pollutant emissions than conventional vehicles fuelled exclusively by petrol/diesel. Relief has been granted to some 55 vehicles to date.

While the promotion of biofuels and other renewable energy is primarily a matter for my colleague, the Minister for Communications, Marine and Natural Resources, I am pleased to inform the Deputy that in Finance Act 2006 I provided for significant tax measures to promote biofuels in Ireland. The scheme of excise relief for biofuels will:

provide for excise relief on up to 163 million litres of biofuels per annum;

cost over €200m over 5 years;

when fully operational, result in CO2 savings of over 250,000 tonnes per annum;

meet a target of 2% transport fuel market penetration by biofuels by 2008;

help reduce our dependency on conventional fossil fuels, and

stimulate activity in the agricultural sector.

Regarding the effectiveness of these measures, I note that from the level of interest expressed to the Department of Communications, Marine and Natural Resources in relation to the new Biofuels scheme, it is clear that in time this level of excise relief will foster strong growth in the domestic biofuels industry. With 1,400 hybrid cars availing of the relief, the effect of that measure is clear. On the relief for flexible fuel vehicles, there is a limited supply of such models which explains the low numbers to date.

Tax Collection.

Mary Upton

Ceist:

124 Dr. Upton asked the Minister for Finance the action he will to take arising from Chapter 2.2 of the Comptroller and Auditor General's Annual Report; and if he will make a statement on the matter. [33087/06]

I am advised by the Revenue Commissioners that the information furnished by them to the Comptroller and Auditor General and reflected in Chapter 2.2 of the Report shows that the write off of uncollectable tax debt at €143m in 2005 was a reduction of €29m on the €172m written off in 2004. The €143m write off in 2005 represents 0.36% of net receipts and was the lowest ratio of write off to net receipts in the last five years.

I am aware that Revenue have strict criteria relating to writing off tax debt. The Chairman, as the Accounting Officer for Revenue, has ultimate responsibility for approving all tax write-offs. Revenue's Internal Audit Branch audit a sample of cases each year where tax has been written off to ensure that the write-off is in accordance with the criteria laid down. Their report is itself subject to examination by the Comptroller and Auditor General. Ultimately, the entire process is subject to scrutiny by the Oireachtas through the mechanism of the Public Accounts Committee. I am satisfied with the control mechanisms in place for writing off uncollectable tax.

The Report of the Comptroller and Auditor General will be considered by the Public Accounts Committee who may issue a report and recommendations on the same to me in due course. I will respond to any such report.

Fiscal Policy.

Liam Twomey

Ceist:

125 Dr. Twomey asked the Minister for Finance the percentage increase in gross current supply services in each of the next three years which are consistent with Government fiscal strategy. [33160/06]

Budget 2006, published last December, gives current spending figures out to 2008, consistent with Government fiscal strategy. The Government's overriding budgetary framework is the Stability and Growth Pact and, within this, to maintain the firm and disciplined approach to budgetary policy that has served us so well. These spending increases are in line with this strategy. My Department's most up-to-date forecasts will be published in the Pre-Budget Outlook this month and expenditure increases out to 2009 will be published on Budget Day.

Pension Provisions.

Eamon Ryan

Ceist:

126 Mr. Eamon Ryan asked the Minister for Finance his views on whether legislation is needed to amend the National Pension Reserve Fund after the revelation that the fund has invested in companies that assist the internationally discredited Government in Sudan. [33202/06]

Under the National Pensions Reserve Fund Act 2000, the National Pensions Reserve Fund Commission controls and is responsible for the investment of the National Pensions Reserve Fund. It has discretionary authority to determine the Fund's investment strategy in accordance with the Fund's statutory investment policy of securing the optimal total financial return provided the level of risk to the moneys held or invested is acceptable to the Commission.

The Commission is a founder signatory to the Principles for Responsible Investment launched by the UN Secretary General in New York on 27 April last. The aim of the Principles is to integrate consideration of environmental, social and governance (ESG) issues into investment decision-making and ownership practices. They stem from a growing view among investment professionals that ESG issues can affect the performance of investment portfolios. Investors fulfilling their fiduciary (or equivalent) duty therefore need to give appropriate consideration to these issues, but to date have lacked an appropriate framework for doing so.

In announcing its decision to sign the Principles, the NPRF Commission said the launch of the Principles is the beginning of a process which will see the Fund taking account of environmental, social and governance factors in its investment strategies and becoming a more engaged shareholder in the companies in which it invests. It said it would be taking specific measures to implement the Principles. Actions it is planning to take over the first 12 months include:

development and implementation of a comprehensive proxy voting policy;

development of an engagement capacity with investee companies on ESG issues; and

refinement of its investment manager selection process to include specific consideration of ESG issues.

The Commission stressed that incorporation of environmental, social and governance issues into the NPRF's investment and operating framework is a long-term project and it would be taking further implementing actions as its capacity in the area develops.

On my own behalf, I would like to add that I welcome the launch of the Principles. I believe they represent a significant step towards ensuring that investors take into consideration the environmental, social and corporate governance aspects of the businesses in which they invest and I am pleased that the National Pensions Reserve Fund Commission is a signatory to them.

Performance Indicators.

Gerard Murphy

Ceist:

127 Mr. G. Murphy asked the Minister for Finance if any Department failed the end of 2005 deadline for the development of performance indicators set out in his Department’s recent report on a new system of business planning and performance measurement; and if all Departments have now done so. [33214/06]

I presume that the Deputy is referring to my Department's Report of the Pilot Project on Resource Allocation, Business Planning and Performance Measurement of August, 2005. The conclusions and recommendations of this report informed Government thinking on reform of the Estimates and Budget process signalled in Budget 2005 and announced in Budget 2006. The report's recommendations, including those in relation to the development of performance indicators, were subsumed by the Government's reforms announced by me in Budget 2006.

Under the Government's reforms, Ministers are required to present an annual output statement in tandem with their Estimates in 2007 to assist the Select Committees with their consideration of the Estimates. The annual output statements for 2007 will set out performance output targets by programme linked to the high level goals in Departments' strategy statements and, for 2008 onwards, will set out actual outturns against the previous year's output targets and new targets for the year under consideration. I understand from all Departments that their preparations for production of the first annual output statement are advancing with a view to meeting the 2007 deadline.

Site Acquisitions.

Jan O'Sullivan

Ceist:

128 Ms O’Sullivan asked the Minister for Finance if issues regarding the proposed site for a school (details supplied) in County Limerick have been clarified to the satisfaction of the Office of Public Works; if he expects the purchase of the site to go ahead in 2006; and if he will make a statement on the matter. [25940/06]

The Commissioners of Public Works act as agents on behalf of the Department of Education & Science in the acquisition of sites for new school facilities.

There are currently two sites, which are being considered as a possible location for the school in question. Both sites were recently assessed from a technical and planning perspective and the reports were forwarded to the Department of Education & Science last week. The Department have requested further clarification on a number of points raised in the reports and we are in the process of addressing these. It is the Departments expectation that once they receive these clarifications that progress will be made in respect of this acquisition.

Tax Collection.

Caoimhghín Ó Caoláin

Ceist:

129 Caoimhghín Ó Caoláin asked the Minister for Finance his views on the dependence of the Government on revenue generated from taxes related to construction and consumption. [33227/06]

The main consumption related taxes are VAT and Excise duty. Taken together these two tax-heads were forecast to account for €18.6 billion or 45 per cent of total tax revenues in 2006, a very significant proportion of total tax revenues.

Construction impacts on a number of tax-heads, most notably capital taxes such as Stamp duty and Capital gains tax but also VAT and to a lesser extent Income tax, PRSI receipts and Corporation tax.

While revenues from construction related taxes such as Stamp duty and Capital gains tax have made an increasing contribution to the Exchequer in recent years, we are not overly reliant on receipts from these sources. For example, taken together the Stamp duty and Capital Gains tax tax-heads were forecast to contribute just 11 per cent of total targeted tax revenues in 2006. In contrast the 4 main tax-heads — VAT, Income tax, Corporation tax and Excise were forecast to account for just over 87 per cent of tax receipts this year.

Care has been taken not to plan the public finances around an assumption that receipts from Stamp duty and Capital gains tax will continue to grow in future years as they have in the recent past. This is a prudent and sensible approach to take.

Tax Code.

Catherine Murphy

Ceist:

130 Ms C. Murphy asked the Minister for Finance the efforts which have been made to overcome the problem of VAT being charged by commercial suppliers of home care packages; if persons who have had to pay VAT will be refunded; if the VAT collected will be added to the €150 million home care package fund; and if he will make a statement on the matter. [33062/06]

The position is that homecare services provided directly by the Health Service Executive (HSE) do not generally come within the scope of VAT, as Public Bodies are not regarded as taxable persons. This means that they do not charge VAT on the services they provide and cannot recover VAT incurred on their input costs.

The package of services aimed at older people, announced by the Minister for Health and Children in the 2006 Budget, are delivered through the HSE, by a range of providers including the HSE itself, voluntary groups and the private sector. These homecare packages consist of a mixture of grants, contracted care services, therapeutic input and equipment and other such community services as identified in the needs assessment as being necessary to facilitate the older person to remain living in their own home.

However, where homecare services are provided for by private companies for a consideration in the course or furtherance of business, the provider may be obliged to register and account for VAT at the appropriate rate depending on the type of service they provide. Homecare provided to individuals consists of a variety of services which may be liable to VAT at different rates. The current VAT treatment of such services is in accordance with EU Sixth VAT Directive with which Irish VAT law must comply.

However, my Department is examining in consultation with the Department of Health and Children the scope within the relevant EU Directives to exempt the provision of such services from VAT in the future.

Question No. 131 answered with QuestionNo. 120.

Joe Sherlock

Ceist:

132 Mr. Sherlock asked the Minister for Finance the number of people that have claimed the home child care tax credit over the last year; and if he will make a statement on the matter. [33108/06]

I am informed by the Revenue Commissioners that the latest available information in respect of taxpayers availing of the home carer's tax credit is for the income tax year 2003. The potential number of claimants for 2005 can only be provisionally estimated and is subject to revision.

The number of PAYE taxpayers availing of the home carer's tax credit in 2005 is estimated to have been 69,300, while the number of self-employed taxpayers availing of the credit for the same year is estimated to have been 20,700.

The numbers availing represent income earners who were in a position to absorb at least some of the home carer's tax credit and thereby give rise to an Exchequer cost. They do not include the numbers of potential claimants whose entitlements to other tax credits were sufficient to reduce their liability to tax to nil without reference to the home carer's credit.

It should be noted that the numbers availing of the credit are rounded to the nearest hundred as appropriate. A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Decentralisation Programme.

Bernard J. Durkan

Ceist:

133 Mr. Durkan asked the Minister for Finance the position in regard to the decentralisation programme announced in budget 2003; and if he will make a statement on the matter. [33205/06]

Paul Nicholas Gogarty

Ceist:

157 Mr. Gogarty asked the Minister for Finance the proportion of civil servants that will be relocated to new Government and State body offices outside of Dublin by year end 2006 that are themselves relocating from Dublin and are from other parts of the country. [33196/06]

Gerard Murphy

Ceist:

178 Mr. G. Murphy asked the Minister for Finance the reason the programme for decentralisation has failed to meet the targets set by Government when the programme was introduced. [33181/06]

Pat Rabbitte

Ceist:

180 Mr. Rabbitte asked the Minister for Finance his views on the recent report by the decentralisation implementation group and the announcement that 2,000 civil servants will be moved to 29 new locations by the end of 2007; his views on whether the original target of decentralising 10,300 public and civil servants to 53 different locations has been put aside; his further views on meeting 20% of the target the Government set in 2003 for completion by 2007 is a success; and if he will make a statement on the matter. [33082/06]

I propose to take Questions Nos. 133, 157, 178 and 180 together.

A progress report by the Decentralisation Implementation Group was submitted to me and published on 4th October last. The Group reported that implementation of the Decentralisation Programme is progressing satisfactorily.

Over ten and a half thousand civil and public servants have applied to relocate under the Programme. The Central Applications Facility remains open and continues to receive applications.

All Departments and Offices have produced implementation plans setting out the detailed arrangements they are putting in place to plan for relocation while also ensuring business continuity and effective delivery of services to customers. The plans are comprehensive and their preparation involved detailed reviews of business processes as well as the logistics of the move. Departments and Offices are taking a prudent approach in relation to assessing the risks involved and the adoption of appropriate measures to manage business risk.

Discussions have concluded on a number of human resource and industrial relations matters and are being progressed on other issues. To date decentralising organisations have established a presence in 12 new locations and at the end of September 2006, almost 2,300 staff have been assigned to decentralising posts. There are currently in place or are being trained in advance of decentralisation to a new location, as soon as accommodation becomes available.

Some 58% of the 2300 assignees are officers who were originally based in Dublin. The aim is to achieve a close alignment between the assignment of staff to Dublin posts and the readiness of Departments to release staff at particular grade levels. As the final makeup and staffing of the business units that are due to move in that timeframe has not been finalised, it is not possible to determine accurately what proportion of the posts will be filled by officers originally based in Dublin.

Over the next 18 months decentralising Departments and Offices will have a presence in a total of 29 new locations around the country. Over the next 6 months alone, it is anticipated that the number of decentralised staff in their new locations will have grown to over 1,000 in approximately 20 towns around the country. While I expect that many of these moves will be completed by end 2006, the precise numbers moving by end year will depend on the availability of property as well as timeframes for completion of fit out and installation of necessary ICT (information communications technology) and telecommunication cabling and equipment.

A facility is being operated through the Public Appointments Service to allow staff remaining in Dublin to express preferences in relation to the organisations to which they would like to transfer. This will be an ongoing process throughout the transition phase of the Programme. Progress in this priority area is being monitored in co-operation with Departments and the relevant unions, to ensure that they are operating efficiently.

The property programme is well advanced. Property acquisition negotiations have been completed or significantly advanced in 34 locations.

The OPW conducts a review of the property timeframes for permanent accommodation on an ongoing basis. Based on its experience to date in relation to timeframes for property selection and acquisition, brief and design issues, tendering periods, planning issues and contractual arrangements, it has provided an updated schedule of the likely availability of accommodation.

This schedule allows for the planned movement of up to 6,800 staff in the next three years in line with the target set out in June 2005. The indications at this stage are that the target of 550 staff moves in 2006 will be exceeded. The delivery time for some locations will be later than originally projected, however, leading to a greater concentration of moves in 2009 rather than in 2008. Matters outside the control of the OPW, which could give rise to delay, will continue to be monitored and mitigating action taken where possible.

There are of course elements of the programme which continue to present challenges. These include the position of professional & technical personnel who wish to remain in Dublin, the State agency sector and ICT areas.

Having already met with a number of Secretaries General, the Decentralisation Implementation Group is currently meeting with some of the Chief Executives of State Agencies to discuss their Implementation Plans, the planning framework in place, to assess progress to date and to hear about the challenges arising and steps proposed by the agencies to address them.

A paper setting out options in relation to staff remaining in Dublin has been tabled with the unions representing professional & technical personnel and my Department will be exploring a full range of options across the public sector, in consultation with the relevant union representatives, for redeploying staff within the Dublin area. I remain confident that the matter can be addressed with the active co-operation of all parties involved in the implementation effort.

In relation to ICT issues, a protocol has been prepared by my Department to address the filling of ICT posts and a sub-group of General Council has been established to move the process forward. The Centre for Management and Organisational Development (CMOD) has already concluded a pilot programme of ICT certified training and is currently developing tender proposals to source trainers to provide such certified training for new entrants to the ICT area. These initiatives will assist in ensuring a pipeline of skilled ICT staff in the Civil Service.

The issue of managed data centre services was also addressed by the DIG. The OPW is being asked to convene a working group to determine (i) the feasibility of procuring private sector versus State owned accommodation for data centres, including a cost benefit analysis of the options, and (ii) the logistics, costs, financing and staffing implications of State managed/operated data centres. It is expected that this work will be completed by Spring of 2007.

Forensic Laboratories.

Willie Penrose

Ceist:

134 Mr. Penrose asked the Minister for Finance if he will confirm reports that the Office of Public Works plan to develop a forensic lab at Garda Headquarters; the estimated cost of constructing this facility; the relationship of this new facility to the State Laboratories at Backweston; and if he will make a statement on the matter. [33094/06]

I can confirm that the Office of Public Works is currently in the process of procuring new accommodation for the Forensic Science Laboratory in Garda Headquarters, Phoenix Park, Dublin 8 by way of the construction of a new purpose built building. A part 9 planning application was submitted to Dublin City Council on 22nd September 2006.

The development of the brief for this very complex building is ongoing. A firm estimate of costs will only be available when the detailed brief is determined.

We are advised that there is no relationship between the State Laboratory in Backweston and the proposed new Forensic Science Laboratory.

Question No. 135 answered with QuestionNo. 120.

Tax Yield.

Simon Coveney

Ceist:

136 Mr. Coveney asked the Minister for Finance the basis on which forecasts of capital tax are made by his Department; and the assumptions in respect of the number of taxable transactions and the trend in house prices that underpinned the 2006 Estimate. [33218/06]

The assumptions underpinning the 2006 capital taxes forecasts were based on economic growth estimates in the Stability Programme Update which was published on Budget day, December 2005. These estimates included GNP, projected changes in the consumer price index and developments in the construction sector.

The methodology for forecasting capital taxes in 2006 firstly required my Department to estimate the outturns for the base year, in this case 2005. These projected outturns were then adjusted to take account of known once-off factors, both negative and positive, likely to impact on the yield in 2006. An example is the discontinuance in 2006 of the bank levy, the receipts from which came in under stamp duties. The figures were then refined to take account of the impact of Budget measures. These various steps gave the base upon which the 2006 forecasts were built.

The base was then inflated for projected economic developments in 2006. In the case of capital gains tax and capital acquisitions tax, estimated growth was driven by the forecast change in nominal GNP and in the CPI, respectively. For stamp duties, since the bulk of the yield is from transactions in residential and commercial property, the forecast for 2006 was largely based on estimated volume and price growth in the residential and commercial property sectors.

The capital gains tax estimate represented an increase of 3.8 per cent and the capital acquisitions tax estimate an increase of 4.4 per cent on their respective 2005 outturns. The stamp duty estimate represented a decrease of 1.5 per cent on the 2005 outturn but this largely reflected the non-renewal of the bank levy.

The estimates for all three taxes assumed a lower rate of growth in revenues from these sources this year than the significant increases experienced in 2005. However, they still assumed a reasonably buoyant property market this year, both residential and commercial.

Decentralisation Programme.

David Stanton

Ceist:

137 Mr. Stanton asked the Minister for Finance further to Parliamentary Question No. 280 of 23 May 2006, the number of people who have indicated their desire to decentralise to Youghal in the Public Appointments Service and Valuation Office, respectively; if decentralisation is still on target for mid 2009; if negotiations regarding the identified site for offices have been completed; the investment needed to construct these offices and any other costs involved in the proposed decentralisation; and if he will make a statement on the matter. [33223/06]

I am advised by the Public Appointments Service (PAS) and the Valuation Office that the number of people who have indicated their desire to decentralise to Youghal with these offices is 99 and 22 respectively. In accordance with the indicative timescale set out in the report from the Decentralisation Implementation Group both offices are working towards decentralising to Youghal in mid 2009. Both the PAS and the Valuation Office are tracking non-property costs and savings and provide information to my Department on a quarterly basis. Costs incurred to date have reached €4,500.73 (not including staff cost or costs associated with the Central Applications Facility) by the PAS. There have been no costs incurred by the Valuation Office to date.

I am informed by the Office of Public Works that they are very close to finalising the purchase of a site in Youghal for the decentralised offices. If all goes according to plan, they expect to complete the purchase by the end of 2006. The costs in relation to the construction of these offices are commercially sensitive at this stage, prior to the competitive tendering process.

Customs Service.

Joan Burton

Ceist:

138 Ms Burton asked the Minister for Finance his views on the recent drugs seizure from a flight that left from Weston Executive Airport in County Kildare; his further views on the lack of surveillance by the Revenue and customs authorities at private airports here and the risk of illegal trafficking of drugs, goods and people arising therefrom; if he will report on the Revenue Commissioners promised review of approved licensed aerodromes; and if he will make a statement on the matter. [33081/06]

The Customs Service of the Office of the Revenue Commissioners has primary responsibility for the prevention, detection, interception and seizure of controlled drugs at importation. It has particular responsibility for implementing import controls at points of entry to the State, specifically at ports and airports, including licensed airfields, and on the land frontier. The control of licensed airfields in the State is carried out by customs enforcement teams. Those teams are dedicated anti-smuggling teams that focus on the smuggling of prohibited drugs and fiscal products.

The Deputy will appreciate that it would be inappropriate for me as Minister for Finance to comment in detail on the specific operation that resulted in the seizure of a reported 50kg. of heroin in Belgium a number of weeks ago. The fact that three Irish nationals were arrested and that the aircraft, detained by the Belgian authorities, had departed from, and is based at Weston Aerodrome are of major concern to the Revenue Commissioners.

I am informed by the Revenue Commissioners that best practice in customs administration worldwide shows that the development of information and intelligence is critical to the detection of drug smuggling. In Ireland, this has become very important since the completion of the Single Market in 1993, based as it is on the free movement of goods and people within the Community. As Intra-Community travellers have the right of free movement, Revenue has no power to stop them except on the basis of a suspicion, normally grounded in specific intelligence.

Revenue's Customs Service also shares and receives information and intelligence on drug smuggling from a number of international bodies including the World Customs Organisation, United Nations Drug Control Programme, Interpol, Council of Europe, Europol and the UK's Serious Organised Crime Agency.

Revenue's Customs Service liaises on an ongoing basis with other national and international enforcement services such as the Garda Síochána, the Naval Service, the Air Corps, and foreign customs and police services. It takes part on a regular basis in European, bilateral and national surveillance operations focused at specific drug smuggling methodologies, including general aviation. Some of these operations have been specifically directed at light aircraft and helicopter movements.

The Revenue's Customs Service is continuously engaged in the analysis and evaluation of seizure trends, routes and smuggling risks and consequential resource deployment. All Customs Service operations are risk focused, and staff are deployed to combat areas of greatest risk. Revenue constantly reviews staffing levels and structures to ensure that resources are matched to risk. The level of activity at licensed aerodromes is constantly monitored from a risk perspective.

For example, in 2004 officers attached to the Dublin Enforcement District carried out twelve planned and six unplanned visits to Weston Aerodrome. During 2005, ten planned and six unplanned; and to-date in 2006, twelve planned and three unplanned visits have been made to Weston. I am assured by the Revenue Commissioners that the monitoring of licensed aerodromes in the State by the Revenue Customs Service is in line with international standards.

Under its conditions of approval from the Revenue Commissioners, Weston aerodrome is required to notify Customs 24 hours in advance of any arrivals from 3rd countries. Customs generally attend all 3rd country flights. Under the conditions of approval Weston is not required to inform Revenue of arrivals from other EU countries. However, all information is supplied on request and officers attend for EU flights on a selective basis. All attendance for inter-Community flights is based on risk analysis of all available data. Under EU Treaty provisions intra-Community passengers are not required to make a Customs declaration.

In light of concerns raised following the Belgian drugs seizure, I am advised that the Revenue Commissioners are reviewing the approval conditions attached to licensed aerodromes including an examination of the risks attached to the operation of, and procedures attaching these aerodromes. This review has just commenced with the clear intention of having it completed as quickly as possible.

Tax Yield.

Liz McManus

Ceist:

139 Ms McManus asked the Minister for Finance the estimated additional revenue expected to accrue to the Exchequer in terms of excise duties and VAT arising from the recent 34% increase in gas prices, and the expected 20% increase in electricity prices; and if he will make a statement on the matter. [33083/06]

I am informed by the Revenue Commissioners that the additional revenue expected to accrue to the Exchequer arising from increases in gas and electricity prices relates to the VAT element of the increase. There is no excise duty charged on gas or electricity.

The information to be furnished on VAT returns does not require the yield from particular sectors of trade to be identified. It is, therefore, not possible to identify precisely what portion of the net VAT received relates to sales of electricity or gas to domestic households.

However, based on statistical data derived from non-Revenue sources, the estimated additional revenue expected to accrue to the Exchequer in 2007 in terms of VAT arising from the recent increase in gas prices is €28 million, and the corresponding expected increase in electricity is €34 million. These estimates include VAT from unregistered and exempt businesses as well as domestic consumers. The VAT content of purchases of gas and electricity is a deductible credit for registered businesses in the Irish VAT system.

It should also be noted that in response to these energy price increases, the Government has taken steps to improve the social welfare Household Benefits Package scheme by increasing the amount of electricity or gas entitlements covered under the scheme. This will benefit over 340,000 social welfare recipients and cost almost €50 million.

Price Inflation.

Ruairí Quinn

Ceist:

140 Mr. Quinn asked the Minister for Finance the action he intends to take to protect consumers and business owners in view of the continuing rise of inflation; the inflation rate the Government is predicting for 2006 as a whole; and if he will make a statement on the matter. [32045/06]

Inflation, as measured by annual changes in the Consumer Price Index (CPI), was 4.0 per cent in September, down from 4.5 per cent in August. A large proportion of the increase of the rate of annual inflation is due to external factors which the Government have no control of, such as the recent rises in interest rates by the ECB. On the EU comparable measure of inflation, the Harmonised Index of Consumer Prices (HICP) stood at 2.2 per cent in Ireland in September.

Maintaining a moderate rate of inflation remains a key priority of economic policy because of its importance in relation to competitiveness. The Government is taking positive actions to contain inflation by implementing responsible fiscal policies — for example, excise duties have not increased in the last two years — and we are promoting greater price competition by removing the Groceries Order. The pay increases agreed under "Towards 2016" will provide a predictable wage cost environment for the duration of the agreement. We are investing in public infrastructure which will enhance our ability to produce goods and services more efficiently and therefore support moderate inflation on continuing basis. We are also protecting lower income and more vulnerable consumers through the large increases in social welfare payments that we have already put in place.

In Budget 2006, the Department of Finance forecasted CPI inflation of 2.7% and HICP inflation of 2.0 per cent. However, this forecast was conducted using the technical assumption of unchanged interest rates. Since that time there have been four quarter-point interest rate increases and they account for most of the increase in the rate of inflation this year. The Department of Finance will be publishing revised inflation forecasts shortly.

Tax Yield.

Olivia Mitchell

Ceist:

141 Ms O. Mitchell asked the Minister for Finance the expected rise in income tax receipts in 2007 as a result of termination of SSIAs; and if these moneys are being allocated to particular purposes. [33170/06]

My Department currently expects that there will be a gain to Income tax in 2007 of approximately €600 million over 2006 arising from the discontinuance of the tax credit contribution to SSIA's and also the exit tax yield from maturing SSIA's.

It should be noted that in 2007 the gain arising from the ending of the SSIA scheme will be broadly offset by the cash-flow loss from the ending of the transitional arrangements for the movement of the payment date for Corporation tax from a prior to a current year basis which was introduced in Budget 2002.

Tax Code.

Jim O'Keeffe

Ceist:

142 Mr. J. O’Keeffe asked the Minister for Finance the property based tax reliefs for which no termination date has been set; and if he has requested any reviews of these or other reliefs by the Revenue Commissioners in the context of the forth coming Budget and Finance Bill. [33154/06]

I presume that the Deputy is referring to the special property-based tax reliefs such as the area-based schemes and those covering various social facilities in areas such as health and education. In Budget 2006, following a major review of existing tax reliefs involving both internal reviews and the employment of outside consultants I announced the termination, subject to certain transitional provisions, of the following reliefs; the urban renewal, town renewal and rural renewal schemes, and the special reliefs for hotels, holiday cottages, student accommodation, multi-storey car parks, third-level educational buildings, sports injuries clinics, developments associated with park and ride facilities and the general rental refurbishment scheme.

In line with the recommendations of the consultants, I retained the tax reliefs available for private hospitals, convalescent homes, registered nursing homes and childcare facilities. Finance Act 2006 introduced a new scheme for mental health centres but this has not yet been commenced.

In addition to the special property-based tax schemes covered by last year's reviews, Section 268 of the Taxes Consolidation Act 1997 provides for capital allowances for a range of types of buildings, e.g. factories, market gardening, airports, dock facilities. However, these should be regarded as normal for the buildings or structures involved and not as a special incentive scheme with a specified termination date.

The operation and impact of all tax reliefs are monitored and/or subject to review on an ongoing basis as part of the normal work of my Department and the Revenue Commissioners. For example, the Revenue Commissioners have been carrying out a review of the operation of VAT on property and my Department, in conjunction with the Revenue Commissioners, is examining the operation of the BES and Seed Capital schemes, which terminate this year unless renewed. However, given the recent completion of a major review of existing tax relief schemes I have not, at this stage, requested the Revenue Commissioners to carry out any reviews of the continuing or other property-based schemes in the context of the forthcoming Budget and Finance Bill.

Pension Provisions.

Thomas P. Broughan

Ceist:

143 Mr. Broughan asked the Minister for Finance if he will report on the National Pensions Reserve Fund. [33103/06]

Under the National Pensions Reserve Fund Act 2000, the National Pensions Reserve Fund Commission controls and is responsible for the investment of the National Pensions Reserve Fund. It has discretionary authority to determine and implement the Fund's investment strategy in accordance with the Fund's statutory investment policy of securing the optimal total financial return provided the level of risk to the moneys held or invested is acceptable to the Commission.

The legislation requires the Commission to make a report within six months of the end of each financial year on its activities during the year and copies of the Report are laid before each House of the Oireachtas. In addition, the Commission has decided to publish quarterly performance statements to ensure that information on the Fund is communicated to the public in a clear, timely and transparent manner.

The Commission's Annual Report 2005, published in July 2006, reports an investment return of 19.6% for the year 2005. The Commission's most recently quarterly statement reports a return of 1.3% for the first six months of 2006.

I should also add that the legislation requires both the chairperson of the Commission and the chief executive of the National Treasury Management Agency, in its role as Manager of the Fund, to appear before, and give evidence to, the Committee of Public Accounts at the request of the Committee.

Decentralisation Programme.

Tom Hayes

Ceist:

144 Mr. Hayes asked the Minister for Finance the number of the proposed decentralisation moves announced in December 2003, in respect of which no property solutions have yet been identified. [33252/06]

The Decentralisation Programme envisages the relocation of some 10,600 civil and public servants to more than 50 locations outside of Dublin. By any standards, this represents a major undertaking, involving property procurement, legal, construction, H.R. and operational issues.

The Office of Public Works has direct responsibility for the property aspects relating to most of these locations. In the case of a small number of locations e.g. Birr (FAS), Mitchelstown (Bus Eireann), Shannon (Enterprise Ireland) and Wexford (N.B.A.) the responsibility for the acquisition of property solutions rests with the relevant agencies.

Since the announcement of the programme, the Office of Public Works has been engaged in an extensive exercise with the aim of sourcing a range of property solutions covering all of its locations. The solutions include development sites, purchase or lease of existing buildings as well as purchase or lease of proposed buildings with planning permission.

To date, property acquisition negotiations have been completed or significantly advanced by the Office of Public Works in 34 locations in respect of permanent accommodation solutions. The solutions to date include a combination of OPW owned sites, local authority owned sites and privately owned sites. In a number of cases, it has been decided to lease or purchase buildings.

In parallel with the acquisition of permanent accommodation solutions, the Office of Public Works has been involved in sourcing temporary solutions in 18 locations in order to accommodate advance parties. These temporary solutions will allow the early movement of staff to their desired locations and will also facilitate them regarding their domestic family arrangements.

In a number of locations various proposals are still being evaluated and firm, preferred solutions have yet to be identified. These locations include Dundalk, Kildare, Monaghan, Arklow Portarlington, Ballinasloe, Mallow and Carrick on Shannon. In the case of Macroom the Office of Public Works will be seeking property proposals shortly through advertisements in the press.

The Decentralisation Implementation Group in its recent report expressed its satisfaction on progress to date in terms of property acquisition. The Group noted that significant progress has been made as is evidenced by the fact that approximately 500 staff are currently in new locations and that over 2,100 staff have already been re-assigned to decentralising posts.

Taking into account the permanent and temporary solutions already sourced, the expectation is that there will be accommodation for approximately 2,000 staff in 29 locations by the end of 2007. Furthermore, it is expected that upwards of 6,800 staff will be accommodated in decentralised locations by the end of 2009.

The progress achieved to date on the property front confirms that the Decentralisation Programme is well advanced and on course to achieve the Government's objective.

Customer Overcharging.

Jack Wall

Ceist:

145 Mr. Wall asked the Minister for Finance if the Financial Regulator has or will take action regarding the recent announcement by a company (details supplied) of further overcharging of customers to the sum of €31 million due to a consistent policy of increasing foreign exchange margins a certain branches; and if he will make a statement on the matter. [33090/06]

The Financial Regulator published two reports, in July and December of 2004, focusing on the investigations into foreign exchange and other charging issues within the company referred to by the Deputy. A number of charging issues were identified during the investigation amounting to a total of EUR34.2 million, estimated in 2004 to be refunded to customers. As with all investigations, the Financial Regulator's priority has been to identify, refund and inform customers and where this is not possible, to ensure that the institution does not benefit from any case of overcharging.

Arising from the issues identified in 2004, the Financial Regulator agreed a strong programme of remedial actions with this firm, to rectify the systems and control weaknesses revealed by the investigations and strengthen the environment for staff to deal with regulatory issues in an ethical, consumer and compliance-focused manner.

In the course of this process, further issues arose, the investigation of which has now been completed to the satisfaction of the Financial Regulator and the payment of restitution to customers, where it has been possible to identify them, will amount to EUR11m. Where identification has not been possible, the firm in question has agreed with the Regulator that a payment of EUR20.6m will be made to charity.

The whole regulatory structure for Irish financial services was reformed with the establishment of the Financial Regulator in 2003, with its statutory consumer protection mandate. Further legislation, the Central Bank and Financial Services Authority of Ireland Act 2004, provided enhanced protection for consumers. The announcement to which the Deputy refers, is a result of the strong supervisory approach and the new culture of compliance fostered by the work of the Financial Regulator with the financial services industry. A statutory Financial Services Ombudsman was appointed in April last year, further strengthening the regulatory environment for the protection of consumers in the financial services sector, by providing a mechanism whereby complaints about the actions of financial service providers may be investigated.

Financial Services Regulation.

Róisín Shortall

Ceist:

146 Ms Shortall asked the Minister for Finance the plans he has to extend the remit of the IFSRA or the Central Bank to regulate companies which advance money from their own resources secured on assets such as property; the number of money lending companies which currently operate as unauthorised and unregulated credit institutions; and if he will make a statement on the matter. [33099/06]

In general, non-deposit taking lenders are not currently subject to authorisation or prudential supervision by the Financial Regulator. However, the question of the appropriate regulation and supervision of non-deposit taking mortgage lenders is currently under examination in consultation with the Financial Regulator.

As the Deputy may be aware, consumer credit including hire purchase and consumer hire, together with moneylending and home loans, are governed by the Consumer Credit Act 1995, which sets out important consumer protection measures, including the form and content of the credit agreements in respect of those types of loans.

In the case of home loans, i.e. loans in respect of or secured on a person's principal private residence, Part IX of the Consumer Credit Act imposes significant consumer protection obligations. These include: provision of a written loan agreement, quoting the APR and any other fees that will be charged, a requirement to warn the borrower about the risk of losing their home, and an obligation to put mortgage protection insurance in place. The Financial Regulator's new Consumer Protection Code applies to the sale of these loans by mortgage intermediaries — the usual vehicle for such transactions. Under the Act, the Financial Regulator may also give directions to a mortgage lender in relation to misleading advertising.

Under the legislation establishing the Financial Regulator, the Regulator's Consumer Director has powers and responsibility for monitoring the provision of financial services to consumers generally. These powers are additional to the Director's powers of investigation, enforcement and prosecution set out in the Consumer Credit Act 1995. Complaints in relation to the matters governed by the Consumer Credit Act may be dealt with by the Financial Services Ombudsman.

As non-deposit taking lenders are not regulated, my Department does not hold any information as to how many such lenders are currently operating in the market.

Site Acquisitions.

Enda Kenny

Ceist:

147 Mr. Kenny asked the Minister for Finance the role of his Department in the purchase by the State of the Battle of the Boyne site; and if he will make a statement on the matter. [32248/06]

Enda Kenny

Ceist:

179 Mr. Kenny asked the Minister for Finance the costs which accrued to his Department in respect of the purchase by the State of the Battle of the Boyne site; and if he will make a statement on the matter. [32250/06]

I propose to take Questions Nos. 147 and 179 together.

Negotiations for the purchase of the Battle of the Boyne site were conducted by the Commissioners of Public Works. The Department of Finance sanctioned the expenditure of £7.85m (€9.97m) on the purchase of the property, which was completed in August 2000.

Debt Levels.

Trevor Sargent

Ceist:

148 Mr. Sargent asked the Minister for Finance the measures he intends to introduce that would help reduce the levels of personal debt currently found in the economy here. [33200/06]

As the Deputy will be aware, within the implementation of the overall legislative framework, private sector credit growth and debt levels are, in the first instance, a matter for the Central Bank and Financial Services Authority of Ireland. This follows from its role as part of the European System of Central Banks and its functions, as the Financial Regulator, in relation to the prudential supervision of financial institutions and the protection of the consumers of those firms.

As far as looking after the interests of the individual borrower and the individual investor is concerned, the function of Government is to provide an appropriate legislative framework for regulation of the financial services sector — one that is both comprehensive and robust. I am satisfied that, on foot of the progress made over recent years, especially in establishing the Financial Regulator with a particular focus on the interests of the consumer, we have such a framework in place.

The Financial Regulator has developed a number of specific initiatives to help consumers make informed choices in terms of their financial products. These initiatives have been developed through the framework of the Financial Regulator's "It's Your Money" campaign and have involved publishing consumer guides on credit products, fact sheets, cost surveys on personal loans, all of which are intended to assist borrowers in making the most appropriate credit decisions given their circumstances.

The Financial Regulator earlier in the year introduced a technical prudential measure requiring financial institutions to put more capital aside for higher LTV (Loan to Value) loans. This reinforces the message consistently conveyed to lending institutions by the Regulator that mortgage lending policies and practices should be prudent and responsible.

A high proportion of private sector indebtedness in Ireland relates to borrowing for house-purchase which, in turn, involves the acquisition of an asset for the households. In the same way, borrowing by the business sector generally underpins investment, and the creation of business assets yielding future income. It therefore reflects the strong performance of the economy and confidence in Ireland's economic prospects.

Whilst the pattern of mortgage growth and associated debt levels in the economy are supported by a range of fundamental factors such as growing employment, rising real incomes and favourable demographics, the Central Bank has highlighted the need for borrowers and lenders to factor into their financial decision-making the prospective impact of potential changes in the future economic and financial environment, including the impact of higher interest rates. I fully support the vigilance of the Central Bank and the Financial Regulator on the issue of personal credit and mortgage debt and in reminding both borrowers and lenders of the need for responsible behaviour.

Tax Yield.

Ciarán Cuffe

Ceist:

149 Mr. Cuffe asked the Minister for Finance his views on the findings of a recent OECD report that has shown that the percentage tax take as a proportion of GNP has remained virtually static in the economy here from 1995 to 2005. [33194/06]

While the overall share of tax as a percentage of GNP may have remained steady, the important point is that the change in composition of that tax revenue shows a greater take from property and corporate income and a decline in the income tax burden especially on the lower paid. Thus the effective rate on property and corporate income has gone up and the effective rate on the ordinary person's earnings has gone down since 1995.

Tax Policy.

Arthur Morgan

Ceist:

150 Mr. Morgan asked the Minister for Finance his views on the replacement of the system of vehicle registration tax with a system of car taxation based on pollution levels. [33230/06]

VRT is a very important source of revenue for the Exchequer providing €1.15 billion or 2.9% of total net tax receipts for 2005. It is a valuable source of funds given this Government's strategy of reducing other taxes such as income tax and increasing the level of funding for vital public services such as health and education. Consequently, any changes to the current system would require very careful consideration.

The European Commission published a proposal for a directive in relation to car taxes in July 2005 which supports the gradual abolition of registration taxes which it believes is impacting adversely on the functioning of the internal market. However, the aim of the proposal is that such registration taxes would be replaced by higher circulation taxes (such as Ireland's Motor Tax) which would have a CO2 element or possibly increased excise taxes on fuel. VRT would be required to have a CO2 basis in the period up to its abolition. Since discussions at Council level commenced in October 2005, we have pointed out that we regard VRT as a national tax that falls within the national competence, a position shared by several other Member States. The mix of taxes, their levels and rates are a matter for EU Member States based on legitimate choices. As regards the balance of taxation, as I indicated earlier, Ireland has prioritised tax reductions on income earned by employees, in preference to other tax areas, and this policy has helped create record employment levels.

However, we accept that the Commission in its proposal is attempting to design a structure which ideally would go someway towards incentivising behaviour that reduces carbon emissions. On the domestic front, we will be reviewing policy options that may have the capacity to reduce emissions from cars but on a fiscal-neutral basis, which is in keeping with the spirit of the Commission's proposal.

Departmental Bodies.

Ruairí Quinn

Ceist:

151 Mr. Quinn asked the Minister for Finance the number of meetings held by the Hidden Economy Working Group, referred to by him in his response to Parliamentary Question No. 38 of 21 June 2006, during 2006; the dates of these meetings; the approximate duration of each of these meetings; the names and offices of the members of this working group; when this working group is expected to report; the persons to whom it will report; and if he will make a statement on the matter. [32035/06]

I am informed by the Revenue Commissioners that there have been 57 meetings of the Hidden Economy Monitoring Group since its commencement in 1990.

The dates of the most recent meetings are as follows:

24th. February 2000

3rd. May 2000

20th. June 2000

12th. September 2000

30th. November 2000

1st. February 2001

19th. April 2001

29th. November 2001

21st February 2002

18th. November 2002

19th. January 2004

15th. November 2005.

The meetings last for approximately 2 to 3 hours.

The Group consists of representatives from the Department of Social and Family Affairs, the Construction Industry Federation (CIF), the Small Firms Association (SFA) the Irish Business and Employers' Confederation (IBEC), the Irish Congress of Trade Unions (ICTU) and the Revenue Commissioners. The names of the individuals who attended the last meeting were:

Norman Gillanders, Revenue Commissioners

Margaret Whelan, Revenue Commissioners

John Tomlin, Revenue Commissioners

Dan Kavanagh, Department of Social and Family Affairs

Fergus Whelan, ICTU

Lorraine Parkes, IBEC

George Hennessy, CIF

Patricia Callan, SFA.

Most recently two of the members have changed. Ms Avine Mc Nally is now the representative for the SFA and Mr. Daniel Harty is the new representative for the Department of Social and Family Affairs.

The Terms of Reference for the Group are: "to provide a forum for the exchange of views on the effectiveness of measures introduced in combating the ‘black economy' between the Revenue Commissioners and Department of Social Welfare and representatives of employers, trade unions and the construction industry".

As a standing forum there are no formal requirements for the Group to report formally. However, the issues raised in the Group inform actions and responses to the problem of the hidden economy.

In the context of the new Social Partnership agreement Towards 2016, it is proposed that the Hidden Economy Working Group will be relaunched upon its ratification, and will meet on a monthly basis or as appropriate thereafter. As agreed in section 14.1 of Towards 2016, a representative of the new Office of the Director of Employment Rights Compliance (ODERC) will join the Hidden Economy Monitoring Group.

Tax Code.

Emmet Stagg

Ceist:

152 Mr. Stagg asked the Minister for Finance the Government’s response to the final warning issued by the European Commission in July 2006 regarding the treatment of public bodies as non-taxable persons; and if he will make a statement on the matter. [33109/06]

I presume the Deputy is referring to the letter of Reasoned Opinion received from the EU Commission on the 4th of July 2006.

Under EU Law, with which Irish Law must comply, public bodies are generally exempt from VAT. This means that they do not charge VAT on the services and are not entitled to recover VAT incurred on the goods and services which they purchase.

In December 2004, the European Commission issued an infringement notice concerning the VAT treatment of public bodies. This arose on foot of a complaint regarding the fees charged by local authorities for the provision of off-street car-parking facilities. The infringement expressed the view that Irish legislation was lacking regarding the interpretation of those aspects of the Sixth VAT Directive dealing with the VAT treatment of services delivered by public bodies where distortion of competition is likely to arise.

Ireland replied to the infringement notice in April 2005. The Commission responded with a Reasoned Opinion on the 4th of July 2006 which reiterated their concerns regarding the Irish legislation. A Reasoned Opinion is a stage in the process that could lead to a dispute being brought to the ECJ. Ireland issued a response to the Reasoned Opinion on the 4th of September 2006 setting out its position. The EU Commission have not issued any further correspondence.

Michael D. Higgins

Ceist:

153 Mr. M. Higgins asked the Minister for Finance in relation to tax incentives on psychiatric care institutions, the number of applications which have been made under the scheme; the number of applications which have been approved; the number of hospital beds to be supplied by the approved applications; the expected cost of the tax foregone on these developments; and if he will make a statement on the matter. [33107/06]

A scheme of capital allowances for expenditure incurred on the construction and refurbishment of qualifying mental health centres was introduced by me in this year's Finance Act. The tax relief scheme has not yet commenced as aspects of it require the commencement of legislation and the preparation of regulations by my colleague, the Minister for Health and Children, Ms Mary Harney TD. I understand from the Minister for Health and Children that the relevant legislation and regulations will be implemented next month. I will then make the necessary commencement order for the scheme of capital allowances shortly thereafter.

It is intended that the scheme will operate on broadly the same terms and conditions as already apply in the case of the similar relief for general private hospitals. Among the conditions that must be satisfied if a mental health facility is to qualify for tax relief under the scheme is that the facility is an approved centre (i.e. registered under the Mental Health Act, 2001) and that it must have a minimum of 20 in-patient beds. As I mentioned in my Budget speech last year, the scheme is estimated to cost €2 million in a full year.

Job Creation.

John Gormley

Ceist:

154 Mr. Gormley asked the Minister for Finance if he will expand on his comments that a half a million additional jobs could be created as a result of the Government’s research and development strategy, detailing his views on where such jobs will arise; his further views on whether Government research and development expenditure represents effective value for money; and the assessment methods that exist within his Department to ensure that such value for money is achieved. [33198/06]

The Deputy may be mistaken as regards the quotation on job creation resulting from the Strategy. What I have said is that since 1997 over half a million new jobs have been created.

As regards the Government's Research & Development Strategy, this is a matter in the first instance for my colleague the Minister for Enterprise, Trade and Employment and his Department, including ensuring that value for money is obtained for the monies being invested. Chapter 8 of the Strategy itself outlines the Value for Money and assessment mechanisms covering review, evaluation, targets and indicators that will be put in place in this regard and to ensure that the investment in research is turned into commercial value to the greatest extent possible.

Tax Yield.

Kathleen Lynch

Ceist:

155 Ms Lynch asked the Minister for Finance the amount of VAT which was received on diesel in the first nine months of 2006; and if he will make a statement on the matter. [33113/06]

I am informed by the Revenue Commissioners that the information to be furnished on VAT returns does not require the yield from particular products to be identified. However, based on clearances of auto diesel on which excise duty has been paid it is estimated that the amount of VAT generated on sales in the first nine months of 2006 was €41.5 million. The VAT treatment of auto diesel is in accordance with EU law with which Irish law must comply.

Construction Industry.

Martin Ferris

Ceist:

156 Mr. Ferris asked the Minister for Finance his views on the fact that the construction sector accounts for 23% of the State’s GDP compared to the EU average of approximately 12%. [33231/06]

Arthur Morgan

Ceist:

164 Mr. Morgan asked the Minister for Finance his views on concerns raised by the ESRI in its Quarterly Economic Commentary Summer 2006 regarding the reliance of the economy on the construction sector. [33229/06]

I propose to take Questions Nos. 156 and 164 together.

The construction sector has performed very strongly over recent years, particularly as regards housing. Housing supply has been increasing in response to high levels of demand, which, in turn, have been underpinned to a considerable extent by a range of fundamental demographic and economic factors. Total housing output reached an all-time high of about 86 thousand last year, according to the CSO. The construction sector now accounts for about 13 per cent of total employment and 20 per cent of GDP.

I am aware of the comments and concerns contained in the ESRI's Quarterly Economic Commentary, Summer 2006. In this context I wish to restate what I have already said on a number of previous occasions and acknowledged in the Stability Programme Update published with the 2006 Budget: the fact that construction accounts for an historically high proportion of economic output and employment implies that the economy is vulnerable to any shock affecting this sector.

Question No. 157 answered with QuestionNo. 133.

Tax Code.

Jan O'Sullivan

Ceist:

158 Ms O’Sullivan asked the Minister for Finance in relation to tax incentives on nursing home developments, the number of applications which have been made under the scheme; the number of applications which have been approved; the number of nursing home beds to be supplied by the approved applications; the expected cost of the tax foregone on these developments; and if he will make a statement on the matter. [33106/06]

There is no system of prior application and approval under the scheme of tax relief for the construction or refurbishment of registered nursing homes. When the relevant facilities have been completed, and provided they meet the necessary criteria, investors can then claim tax relief on the expenditure incurred under the scheme in their annual income tax returns as part of the self-assessment system. All returns are subject to check and possible audit to ensure that, among other things, the tax relief is correctly claimed.

The Revenue Commissioners do not therefore have information on the number of nursing home beds supplied or to be supplied as part of projects seeking tax relief under the scheme.

I am informed by the Revenue Commissioners that information on the scheme of tax relief for registered nursing homes was for the first time specified and separately included in personal income tax returns for the tax year 2004, the latest year available, and which were due for filing in October, 2005. No specific information on the cost of the scheme is available for the years prior to 2004. Based on the information that has been received and collated to date for the tax year 2004, a total of €16.6 million was included in 287 claims for capital allowances for the construction of nursing homes. This figure would correspond to a maximum Exchequer cost of the order of €7 million for these returns in terms of income tax forgone.

I should point out that the Revenue Commissioners are concerned at preliminary indications that in some instances the new, separately categorised data on exempt income and property incentives may not have been correctly entered on the 2004 Income Tax returns. Revenue is engaging with the tax practitioner bodies to draw attention to these deficiencies and to rectify them. Revenue has also increased awareness among its own staff involved in processing tax returns of the need to ensure, through closer examination of the returns, that they are correctly completed.

Data for the tax years 2005 and 2006 is not yet available as the income tax returns for those years are not due for filing until October 2006 and October 2007, respectively.

It should also be noted that the scheme of capital allowances for the construction of nursing homes was reviewed by Indecon Economic Consultants as part of the overall review of property tax incentives in 2005. The report of this review was published in February 2006 and is available on my Department's website. Among the main findings of the review of the scheme of tax relief for nursing homes is that the tax incentive has been effective in increasing the supply of nursing home places. It is likely that many projects would either not have proceeded in the absence of the tax incentive or would have taken longer to come on-line.

Financial Services Regulation.

Brian O'Shea

Ceist:

159 Mr. O’Shea asked the Minister for Finance if he will report on the meeting between the Pensions Ombudsman and the Financial Regulator on the matter of the regulator’s investigation into investment charges on pensions; and if he will make a statement on the matter. [33098/06]

In my role as Minister for Finance I am responsible for the statutory framework for the regulation of the financial services sector. The Financial Regulator is, however, statutorily independent of me in performing its functions.

The Financial Regulator meets with various statutory bodies on an ongoing basis to foster better working relationships and to share legally permissible information in the promotion of its mandate of continuously enhancing and developing the regulatory system. From time to time, issues are referred to the Financial Regulator by other Statutory bodies and these issues are considered in the context of its statutory functions and powers.

The issue relating to pension charges on paid up policies was brought to the attention of the Financial Regulator by the Pensions Ombudsman on foot of a complaint received by him about the application of administration charges on paid up pension policies. My Department has been advised by the Financial Regulator that it is currently reviewing this issue.

Tax Code.

John Gormley

Ceist:

160 Mr. Gormley asked the Minister for Finance the measures he has taken to close the loophole where SSIA holders transferring into pension have received an additional €2,500 benefit. [33197/06]

Séamus Pattison

Ceist:

171 Mr. Pattison asked the Minister for Finance his views on his recent press release regarding the SSIA pension top up scheme; when he will introduce legislation to require that SSIA funds transferred to a pension product should remain there for at least 12 months; and if he will make a statement on the matter. [33093/06]

I propose to take Questions Nos. 160 and 171 together.

The Pensions Incentive Tax Credits scheme was introduced by me to encourage SSIA holders, particularly those on low incomes, to continue the savings habit and to commence or improve their pension arrangements under the scheme.

For each €3 of matured SSIA funds invested by an eligible SSIA holder in an approved pension product, the Exchequer will contribute an additional €1 by way of tax credit to a maximum of €2,500. The Exchequer will also contribute an additional tax credit relating to the exit tax deducted from the SSIA on maturity and based on the proportion of SSIA funds transferred to the pension product.

I assume in referring to a loophole that the Deputy has in mind the publicity 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 Credits and then 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 Pensions Incentive Tax Credits only to withdraw the funds immediately or within 1 year will not get the benefit of the incentive. The necessary legislative amendment will be made in the 2007 Finance Bill. However, the amendment will have retrospective effect to Friday, 29 September 2006.

Aer Lingus Privatisation.

Breeda Moynihan-Cronin

Ceist:

161 Ms B. Moynihan-Cronin asked the Minister for Finance if his attention has been drawn to reports that the eight participating stockbrokers in the Aer Lingus flotation came to an agreement over commission rates and that as a consequence there was no competition and high fees were charged to purchasers of Aer Lingus shares; if the Competition Authority will be launching an investigation into this matter; if so, when they will report; and if he will make a statement on the matter. [33112/06]

This question was answered by my colleague the Minister for Transport, Martin Cullen TD, in his response to Question No. 439 on 10th October last. I would refer the Deputy to that reply.

Proposed Legislation.

Joe Costello

Ceist:

162 Mr. Costello asked the Minister for Finance if the Government will accede to the request made by the Standards in Public Offices Commission for an amendment to the Ethics Acts in order to allow for the appointment of an inquiry officer in cases where the Commission wishes to pursue a matter under legislation but has not received a formal complaint; and if he will make a statement on the matter. [33116/06]

The Standards in Public Office Commission (the Standards Commission) has been in existence since December 2001. It replaced the Public Offices Commission which was established in November 1995.

I am satisfied that the powers of the Standards in Public Office Commission, as they stand, are ample to meet public concerns in the field of standards in public life. I feel it is reasonable that at least a formal complaint to the Standards Commission should be required to commence the inquiry process, which, in itself, can carry serious consequences for the person under investigation.

I would find it difficult to accept that the appointment of inquiry officers would be justified in circumstances where a formal complaint had not been made to the Standards Commission from one of the numerous categories of persons (including members of the public and any public representative) entitled to do so against persons and office holders against whom complaints can be made.

If a matter is of sufficient public importance or substance to warrant an enquiry it must surely be of sufficient importance to warrant at least a formal complaint from one of the numerous categories entitled to do so, including the general public and every office holder and public representative.

Financial Services Regulation.

Liz McManus

Ceist:

163 Ms McManus asked the Minister for Finance the latest information available on the ongoing investigation by the Revenue Commissioners into the use of life assurance investment products to hide undisclosed income or gains. [33086/06]

I am advised by the Revenue Commissioners that they are conducting their investigation into the use by taxpayers of life assurance investment products for the purposes of tax evasion in two stages. In the first stage of these enquiries taxpayers who invested undisclosed and undeclared funds in life assurance investment products were given an opportunity to make a voluntary disclosure. About 5,000 taxpayers made payments of around €400 million in the course of this disclosure scheme.

The second stage of this investigation relates to the identification and pursuit of taxpayers who should have availed of the voluntary disclosure scheme but who opted not to. This stage commenced on 23 May 2005, the closing date for taxpayers to advise Revenue that they intended to make voluntary disclosures in the first stage of the enquires. New powers were provided in the Finance Act 2005 to authorise Revenue officers to examine the records that relate to a class or classes of life assurance policies and policyholders in the course of conducting sampling exercises. Revenue has completed its on-site sampling work in all but one Life Assurance company. The information gathered in this process and from the voluntary disclosures has been used to ground applications to the High Court for orders directing Life Assurance companies to provide information to Revenue that will facilitate the identification of the taxpayers who ought to be included in the follow-up enquiry programme. To date 11 High Court orders have been applied for and made. The bulk of the information that is sought in these orders will be delivered to Revenue in October and November of this year. It is expected that the follow-up enquiry programme will commence in the first half of 2007.

Question No. 164 answered with QuestionNo. 156.

Tax Yield.

Emmet Stagg

Ceist:

165 Mr. Stagg asked the Minister for Finance the amount of VAT which was received on petrol in the first nine months of 2006; and if he will make a statement on the matter. [33114/06]

I am informed by the Revenue Commissioners that the information to be furnished on VAT returns does not require the yield from particular products to be identified. However, based on clearances of petrol on which excise duty has been paid it is estimated that the amount of VAT generated on sales in the first nine months of 2006 was € 323.5 million. The VAT treatment of petrol is in accordance with EU law with which Irish law must comply.

Trevor Sargent

Ceist:

166 Mr. Sargent asked the Minister for Finance the estimate of the increase in tax receipts that have resulted from increased house prices in 2006. [33199/06]

The stamp duty yield from residential properties in 2005 amounted to €945m.

The stamp duty yield from residential property in the period January-August 2006 was €810m. The equivalent figure for the same period in 2005 was €574m.

Tax Collection.

Brian O'Shea

Ceist:

167 Mr. O’Shea asked the Minister for Finance the action he will take arising from Chapter 2.3 of the Comptroller and Auditor General's Annual Report; and if he will make a statement on the matter. [33088/06]

The Deputy will be aware from the report of the Comptroller and Auditor General that arrears of tax and duty amount to €1,085m as at 31st March 2006.

Of the debt of €1,085m, €253m is under appeal and not currently available for collection. €184m is under control, generally through agreed instalment arrangements where the taxpayer/business is given additional time to pay. €435m is under active collection while a further €213m is currently at enforcement, giving a total of €832m under active collection/enforcement or under control. The collectible debt of €832m represents a snapshot of the debt at a particular point in time [31 March 2006] and is a constantly changing figure as additional debt arises and activity by Revenue results in debt being collected.

The debt for the equivalent time last year, i.e. as at 31 March 2005, amounted to €1,217m representing a reduction of €132m or 11% in the year. I am very pleased to note that as a result of the strategies and processes adopted by Revenue, debt as a percentage of gross collection is now one of the lowest of any tax administration, currently standing at 2.0% of gross collection.

As the Deputy will be aware, the views of the Public Accounts Committee on the 2005 Report will be submitted to me in due course and I will comment further at that time if appropriate.

National Development Plan.

Dan Boyle

Ceist:

168 Mr. Boyle asked the Minister for Finance the end figure costs of implementing the National Development Plan 2000 to 2006; and the variations in costs that have occurred since the original publication of the plan. [33191/06]

In the matter of cost variations, it is important to recall that in the early years of the NDP, following the acceleration of public expenditure on capital projects, construction cost inflation was running at 12% per annum in 1999 and 2000. This has now moderated and in the interim cost estimation and control systems have been strengthened. Procurement policy and practice has also been advanced. As a result most infrastructure projects are now being completed on time and within budget.

The latest Value For Money measures and the Government's proposals for Estimates and Budget Reform build on initiatives in recent years such as Public Service Modernisation, PPPs, multi-annual budgets for capital programmes, and the revised Guidelines for the Appraisal and Management of Capital Expenditure Proposals of February 2005. These are part of a concerted effort to improve public expenditure management and to maximise value for money from public expenditure.

The Deputy may be interested to know that the National Development Plan/Community Support Framework (NDP/CSF) 2000-2006 is implemented through seven Operational Programmes. The most recent expenditure data on the National Development Plan relates to the period January 2000 to December 2005. The data for the first six months of 2006 will be available at the end of October 2006 following the meetings of the Operational Programme Monitoring Committees. I will write to the Deputy with this data when it becomes available.

Table 1 as follows sets out the total estimated expenditure (Exchequer, EU and private) to end 2005 and compares it against the total original indicative forecast for the corresponding period. This represents some €44.8 billion or 92% of the total original indicative forecast for expenditure (Exchequer, EU and private).

Table 1 — Total Original Forecast and Total Estimated Expenditure from January 2000 to December 2005

Operational Programme

Original Profile 2000-2005

Estimated Expenditure to end 2005

Expenditure versus Profile

€m

€m

%

Economic and Social Infrastructure

21,941

23,701

108

Employment & Human Resources Development

12,222

12,205

99

Productive Sector

6,170

3,191

52

Border, Midlands & Western Regional

3,519

2,274

64

Southern and Eastern Regional

4,695

3,376

72

PEACE and Technical Assistance

153

116

76

Total

48,700

44,863

92

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

Table 2 sets out the total estimated exchequer expenditure to end 2005 and compares it against the total original indicative forecast for the corresponding period. This represents some €38.6 billion or 102% of forecast Exchequer expenditure. The figures reported indicate that all demands for expenditure are being met.

Table 2 — Profiled and Estimated Exchequer Expenditure January 2000 to end December 2005

Operational Programme

Original Profile 2000-2005

Estimated Expenditure to end 2005

Expenditure versus Profile

€m

€m

%

Economic and Social Infrastructure

14,693

19,004

129

Employment and Human Resources Development

12,222

11,985

98

Productive Sector

4,874

2,672

55

Border, Midlands & Western Regional

2,566

1,920

75

Southern and Eastern Regional

3,388

2,987

88

PEACE & Technical Assistance

153

116

76

Total

37,896

38,684

102

With respect to the Operational Programmes, the Economic and Social Infrastructure OP is performing well with total expenditure at 108% of profile for the period January 2000 to end December 2005. Expenditure on the Employment and Human Resources Development OP has achieved 99% of profile for the same period and is on course to meet its targets.

This is a healthy implementation rate in view of the slow start up in some areas at the very beginning, the relatively disappointing response in certain demand-led schemes and the fact that Exchequer spending in relation to the Structural Fund OPs for the 2000-2006 period will in fact continue up to 2008.

I have made the point previously that the overall outturn for the NDP is expected to be near to forecast by the end of 2006, but with some over-performance and underperformance of expenditure taking place within the Operational Programmes. It is also expected that co-funded measures under the Plan will achieve their full entitlement to Structural Funds in the BMW Region by the end of 2008, the timetable set out in the Regulations.

Decentralisation Programme.

Thomas P. Broughan

Ceist:

169 Mr. Broughan asked the Minister for Finance if his attention has been drawn to the fact that contrary to the report from the Decentralisation Implementation Group in the week ending 7 October 2006, the Central Applications Facility data compiled in June showed that applications for decentralised positions have slowed; and if he will make a statement on the matter. [33091/06]

The following table contrasts the Central Applications Facility (CAF) application levels in September 2004 with those in June 2006:

September 2004

June 2006

Increase/Decrease

Total CAF Applicants*

8,958

10,672

+1,714

CAF Applicants for new locations

7,793

9,135

+1,342

CAF Applicants for existing locations

1,165

1,537

+372

*The total number of CAF applicants in September 2004 was 9,214 and included 256 incomplete applications which are not included in the above analysis. In total, 512 applications have been withdrawn since Sept 2004. These are not included in the June 2006 data.

As the Deputy will note, the total number of applications for decentralised positions has increased by 1,714 since September 2004.

Tax Code.

Seán Ryan

Ceist:

170 Mr. S. Ryan asked the Minister for Finance if he will respond favourably to the request from the Dyslexia Association of Ireland for an amendment to legislation governing form Med 1health expenses claim for relief Section 469 of the Taxes Consolidation Act 1997, to allow cost of specific tuition for dyslexia to qualify for tax relief under the heading of health expenses where dyslexia has been diagnosed by a psychologist. [33067/06]

Olivia Mitchell

Ceist:

205 Ms O. Mitchell asked the Minister for Finance the plans he has to make the necessary legislative changes to Section 469 of the Taxes Consolidation Act, 1997 in order that tax refunds for workshop tuition for children (details supplied) are a formal entitlement; and if he will make a statement on the matter. [33352/06]

Richard Bruton

Ceist:

206 Mr. Bruton asked the Minister for Finance if he will arrange to extend the provisions of tax relief which now cover psychological assessment and speech therapy, to also include the provision of home tuition for children with special needs where this is certified as necessary by a psychological assessment; and if he will make a statement on the matter. [33353/06]

Tony Gregory

Ceist:

208 Mr. Gregory asked the Minister for Finance his views on the case made in correspondence (details supplied); if he will take the necessary steps to allow the cost of tuition for dyslexia to qualify for tax relief in certain specific circumstances; and if he will make a statement on the matter. [33454/06]

Joe Higgins

Ceist:

209 Mr. J. Higgins asked the Minister for Finance if he will amend Section 469 of the Taxes Consolidation Act 1997 in order to allow the cost of specific tuition for children with dyslexia to qualify for tax relief under the heading of health expenses.. [33589/06]

I propose to take Questions Nos. 170, 205, 206, 208 and 209 together.

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.

In recent years, the Government has increased significantly the supports available through the direct expenditure system for children with disabilities, including those with dyslexia.

As with many areas where State support may be required, the question arises as to whether such support may be more effectively provided through the direct expenditure route rather than through the tax system. One advantage of the former mechanism is that the support may be better targeted at those in need, irrespective of family income, whereas support through the tax system can only benefit those whose incomes are high enough to benefit from tax relief.

I have no plans to extend Section 469 of the Taxes Consolidation Act 1997 to cover expenses incurred by parents who have children with dyslexia. However, this matter, like any other, can be raised by the Deputies at Finance Bill time.

Question No. 171 answered with QuestionNo. 160.

Denis Naughten

Ceist:

172 Mr. Naughten asked the Minister for Finance his views on the tax implications of the sugar compensation package for farmers; and if he will make a statement on the matter. [33068/06]

There are three significant financial elements of the sugar compensation package, as far as farmers, as sugar beet growers, are concerned. The first is an amount of €123 million, payable over the next seven years via the single payment scheme, as compensation for the drop in the support price of beet. The second element of the compensation package is the restructuring aid. In July 2006 the Government decided that a sum of €40m restructuring aid be reserved for beet growers. This decision has been challenged by the Irish sugar processor by way of Judicial Review proceedings in the High Court. The third element is the diversification aid worth almost €44m, which will be drawn down in the framework of a National Restructuring Programme to be prepared and submitted to the EU Commission by the end of this year.

I am advised by the Revenue Commissioners that based on the information available to them at this stage they are of the view that payments under the first two elements of the package in relation to the support price compensation and the restructuring aid to growers would be taxable as income. However, I am further advised that the Revenue Commissioners will need to await details of the National Restructuring Programme, currently being prepared by the Department of Agriculture and Food, before they can come to a view with regard to the tax implications of payments under the third element of the package. That programme will provide further details on the diversification aid element of the package.

Sale of Aer Lingus.

Damien English

Ceist:

173 Mr. English asked the Minister for Finance the proceeds received to date by the Exchequer from the sale of shares in Aer Lingus; and if these funds are to be placed under management by the NTMA. [33254/06]

To date the Exchequer has received €206,705,455 from the sale of shares in Aer Lingus. These funds have been lodged to the Exchequer and will be classified in the Finance Accounts as Capital Receipts.

Tax Yield.

Eamon Ryan

Ceist:

174 Mr. Eamon Ryan asked the Minister for Finance the estimate of the increase in tax receipts that have resulted from increased oil prices in 2006. [33201/06]

I am advised by the Revenue Commissioners that the additional revenue likely to accrue to the Exchequer arising from the increase in the price of petrol and other oil products relates to the Value Added Tax portion of the increased price since the start of the year. The revenue collected from mineral oil excises does not fluctuate with price changes. The estimated yield of additional value added tax, based on clearances of oil products to the end of September on which excise duty has been paid, is set out as follows:

2006

Additional VAT

€m

Petrol

26.0

Auto diesel

1.9

Kerosene

3.3

MGO

2.4

LPG

0.5

Total

34.1

It should, however, be borne in mind that to the extent that spending in the economy is re-allocated to energy products and away from other VAT liable spending and to the extent that the overall level of economic activity is reduced by higher oil prices, there may be little or no net gain to the Exchequer.

Tax Code.

Eamon Gilmore

Ceist:

175 Mr. Gilmore asked the Minister for Finance his views on the effectiveness of tax incentives for environmentally friendly vehicles and biofuels; the plans he has to request that tax incentives for environmentally friendly vehicles and biofuels are included in Budget 2007 in order to help meet our Kyoto commitments. [30916/06]

In recognition of the need to tackle the issue of climate change and reduce our dependency on fossil fuels, this Government has introduced a number of tax reliefs aimed at promoting environmentally friendly vehicles, in addition to the promotion of alternative motor fuels.

Firstly, a VRT relief for hybrid electric vehicles was introduced in January 2001. The purpose of the scheme — which provides for a 50% reduction in the VRT charge — is to encourage the purchase of vehicles that use a combination of an internal combustion engine and an electric motor to derive motive power. This hybrid electric technology results in significantly lower pollutant emissions than conventional vehicles powered exclusively by internal combustion engines. Some 1,400 of such vehicles have been purchased to date.

In Budget 2006, I extended this 50% VRT relief to include flexible fuel vehicles. These are defined as cars or small vans produced so as to be capable of using a blend of ethanol and petrol containing a minimum of 85% ethanol. Inclusion of this category in the 50% VRT relief should encourage the purchase of vehicles that have been manufactured with flexible fuel capabilities which will result in lower pollutant emissions than conventional vehicles fuelled exclusively by petrol/diesel. Relief has been granted to some 55 vehicles to date.

While the promotion of biofuels and other renewable energy is primarily a matter for my colleague, the Minister for Communications, Marine and Natural Resources, I am pleased to inform the Deputy that in Finance Act 2006 I provided for significant tax measures to promote biofuels in Ireland. The scheme of excise relief for biofuels will:

provide for excise relief on up to 163 million litres of biofuels per annum;

cost over €200m over 5 years;

when fully operational, result in CO2 savings of over 250,000 tonnes per annum;

meet a target of 2% transport fuel market penetration by biofuels by 2008;

help reduce our dependency on conventional fossil fuels, and

stimulate activity in the agricultural sector.

Regarding the effectiveness of these measures, I note that from the level of interest expressed to the Department of Communications, Marine and Natural Resources in relation to the new Biofuels scheme, it is clear that in time this level of excise relief will foster strong growth in the domestic biofuels industry. With 1,400 hybrid cars availing of the relief, the effect of that measure is clear. On the relief for flexible fuel vehicles, there is a limited supply of such models which explains the low numbers to date.

Tax Fraud.

Breeda Moynihan-Cronin

Ceist:

176 Ms B. Moynihan-Cronin asked the Minister for Finance if he will report on the Revenue Commissioners investigation into security firms supplying door security; the estimated cost to the State of tax fraud carried out by such companies; the number of audits conducted on such companies from the year 2000 to date in 2006; the number of criminal investigations that are underway as a result; and if he will make a statement on the matter. [33092/06]

I am informed by the Revenue Commissioners that their audit and compliance programmes target particular sectors from time to time and that one of those sectoral programmes includes the investigation of security firms supplying door security.

I am advised that it is not possible to give a figure for the estimated cost of tax fraud in this sector. Neither are full Revenue statistics available in relation to the number of audits conducted on such companies since 2000. However, I understand that Revenue's Dublin Region conducted audits of 45 such firms over the past eighteen months — since Dublin-based security firms were put into one single District for compliance management purposes.

I understand also that the Director of Public Prosecutions has recently given directions to prosecute in one Revenue criminal investigation of a security firm employing door security and there are two others currently under investigation by Revenue's Investigation & Prosecutions Division.

I can assure the Deputy that Revenue recognises the particular compliance risks associated with the security industry and with firms supplying door security for security purposes. In this regard, meetings are held regularly between Revenue officials and the Private Security Authority. The Deputy may also be aware that compliance with tax obligations is now one of the requirements for the issue of the statutory licence to operate under the Private Security Services Act 2004.

Tax Code.

Jack Wall

Ceist:

177 Mr. Wall asked the Minister for Finance if there are proposals to afford the same rights to cohabiting partners as are presently enjoyed by married couples in regard to the sharing of income tax credits, and the home-carers tax credit; and if he will make a statement on the matter. [33110/06]

Generally speaking, the tax system treats members of cohabiting couples as separate and unconnected individuals. Each partner is a separate entity for tax purposes and credits and bands and reliefs cannot be transferred from one partner to the other. There are no special favourable tax arrangements for cohabiting couples with dependent children.

The Working Group Examining the Treatment of Married, Cohabiting and One-Parent Families under the Tax and Social Welfare Codes, which reported in August 1999, was sympathetic, in principle, to changes in the tax legislation to address the issues raised relating to cohabiting couples and reported that the options that it set out should be considered further. However, it acknowledged in relation to the tax treatment of cohabiting couples that a key issue is whether tax law should proceed ahead of changes in the general law.

I am aware of various developments in this general area including:

the consultation paper on the rights and duties of cohabitees which was published by the Law Reform Commission in April 2004;

the Tenth Progress Report of the Oireachtas All-Party Committee on the Constitution entitled ‘The Family' which was published earlier this year; and

the establishment by the Minister for Justice, Equality and Law Reform of a working group to examine the area of domestic partnerships and to prepare options on the various legislative choices available to the Government for action in this area.

I previously put on the record of the House that I would view as problematic and unwise a situation where changes in the tax code relating to the treatment of couples would set a headline in advance of developments in other relevant areas of public policy, for example, in the area of legal recognition of relationships other than married relationships. I am still of that view.

Question No. 178 answered with QuestionNo. 133.
Question No. 179 answered with QuestionNo. 147.
Question No. 180 answered with QuestionNo. 133.

Richard Bruton

Ceist:

181 Mr. Bruton asked the Minister for Finance his views on a proposal (details supplied) for introducing a scheme of tax relief for charitable donations via relief in stamp duty with matching contributions from financial institutions. [33152/06]

I have no plans to introduce a scheme along the lines proposed. In line with normal practice, stamp duty revenues are applied by the Exchequer for the common good, as determined by the Oireachtas. Earmarking particular taxes reduces the discretion of Government and the Oireachtas in determining the priority areas in which public money should be spent.

Sexual Offences.

Martin Ferris

Ceist:

182 Mr. Ferris asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of sexual assaults and rapes that were reported to Gardaí in Kerry since 2002; and if he will make a statement on the matter. [33331/06]

Martin Ferris

Ceist:

183 Mr. Ferris asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of people that were convicted of sexual assault and rape in Kerry since 2002; and if he will make a statement on the matter. [33332/06]

I propose to take Questions Nos. 182 and 183 together.

The numbers of sexual assaults and rapes reported to the Garda Síochána in the Kerry Division are recorded in the Annual Reports of An Garda Síochána for the relevant years, copies of which are available in the Oireachtas library.

I am informed by the Garda authorities that the following table shows the number of persons that had a conviction recorded in the Kerry Garda Division for sexual assault and rape offences for the years 2002 to 2005. The offence of rape includes rape section 4, Criminal Law (Rape) (Amendment) Act, 1990, and rape of a female.

Year

Convictions

2005

1

2004

5

2003

5

2002

2

Drug Seizures.

Martin Ferris

Ceist:

184 Mr. Ferris asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of illegal drugs seizures made by Gardaí in Kerry in 2005; the number of seizures that have been made to date in 2006; and if he will make a statement on the matter. [33333/06]

It has not been possible, within the timeframe available, to collate the information required by the Deputy. I will contact the Deputy directly when the information is to hand.

Garda Strength.

Martin Ferris

Ceist:

185 Mr. Ferris asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of personnel that were in the Garda Drugs Squad in County Kerry in 2002; the number of personnel in 2006; and if he will make a statement on the matter. [33334/06]

I have been informed by the Garda authorities that the personnel strength (all ranks) of the Divisional Drugs unit in the Kerry Division of An Garda Síochána, as on 31 December 2002 and 17 October 2006 respectively, is as per the following table.

In addition to the work undertaken by that unit, all Garda personnel in the Division have responsibility for the enforcement of drug legislation.

I have been further informed by Garda management that the assignment of Garda personnel throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public.

An Garda Síochána Divisional Drug Unit Kerry

Date

Personnel strength

31/12/2002

4

17/10/2006

7

Legal Aid Service.

Paul Kehoe

Ceist:

186 Mr. Kehoe asked the Tánaiste and Minister for Justice, Equality and Law Reform the average waiting time for free legal aid in County Wexford; and if he will make a statement on the matter. [33335/06]

I can inform the Deputy that the maximum waiting time for legal aid at the Legal Aid Board's law centre in Wexford was two months at the end of September, 2006.

Prison Committals.

Noel Grealish

Ceist:

187 Mr. Grealish asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of persons currently serving sentences in prisons here; the number of these who are Irish nationals; the number who are from the pre-enlargement EU 15; the number from each of the 10 most recent accession States; the number from outside of the EU; the nationality of those who are from outside the EU; and if he will make a statement on the matter. [33338/06]

On 16 October 2006, there was a total of 2,542 persons in custody serving prison sentences. A breakdown of the number and nationalities of the sentenced persons from the 15 pre-enlargement EU Member States is set out in the following table:

Nationality

Number of Persons

Irish

2,315

United Kingdom & Northern Irish

56

Dutch

5

Portuguese

3

Spanish

3

Italian

2

German

1

Danish

1

Total>

2,386

The number of sentenced prisoners (43) in custody from each of the 10 most recent accession states is set out in the following table:

Nationality

Number of Persons

Lithuanian

19

Latvian

10

Polish

10

Czech

1

Estonian

1

Hungarian

1

Maltese

1

Cypriot

0

Slovakian

0

Slovenian

0

Total

43

On that date, a total of 113 sentenced prisoners in custody were recorded as nationals of non-EU Member States. A breakdown of the nationality of those prisoners is set out in the following table:

Nationality

Number of Persons

Chinese

19

Nigerian

16

Romanian

13

Brazilian

8

American

5

Russian

5

Georgian

4

Niger

4

South African

4

Albanian

3

Algerian

3

Iranian

3

Croatian

2

Kosovan

2

Moldovan

2

Somalian

2

Ukrainian

2

Angolan

1

Australian

1

Congolese

1

Eritrean

1

Ghanaian

1

Guyanan

1

Indian

1

Iraqi

1

Lebanese

1

Libyan

1

Malaysian

1

Pakistani

1

Rwandan

1

Sierra Leonean

1

Tanzanian

1

Ugandan

1

Total

113

Of the 2,542 persons serving prison sentences, 2,315 were recorded as Irish nationals. This equated to approximately 91% of sentenced persons in custody on that date

Prison Accommodation.

Dermot Fitzpatrick

Ceist:

188 Dr. Fitzpatrick asked the Tánaiste and Minister for Justice, Equality and Law Reform his Department’s plans for the relocation of Mountjoy Prison outlining the major milestones in the project and the estimated timescales; the expected impact the move will have on Mountjoy Garda station and in particular the way in which the closure of this station will impact of policing in Dublin Central; and if he will make a statement on the matter. [33369/06]

The position regarding the new prison facility at Thornton Hall is that work is well advanced on a number of fronts including site investigations, surveys and studies including the areas of archaeology, flora and fauna. It is intended to complete this aspect in the near future. In addition, detailed discussions have been held with Fingal County Council and other relevant bodies in relation to the provision of services to the site. In relation to the actual prison facilities, I can confirm that following an EU tender competition four companies have been short-listed to receive the tender documentation in relation to the project. It is planned to issue tenders for the project shortly, with a view to construction commencing on site by early 2007. It is likely to be 2010 before the new facility is completed and transfers from Mountjoy can commence.

As regards the expected impact that the move will have on Mountjoy Garda Station, section 22 of the Garda Síochána Act, 2005 sets out the Garda Commissioner's obligation to produce an Annual Policing Plan. Such a Plan must include any proposal to cease stationing members in an existing station.

I will carefully consider any proposal from the Commissioner relating to the matters referred to by the Deputy in due course.

Human Trafficking.

Thomas P. Broughan

Ceist:

189 Mr. Broughan asked the Tánaiste and Minister for Justice, Equality and Law Reform when he will ratify the Council of Europe Convention on action against trafficking; the status of Garda operations known as Operation Hotel and Operation Quest; if these are still in operation; the results both operations have had yielded to date; if there are plans to establish similar operations to combat the problems of human trafficking; the measures which are currently being undertaken to tackle the activity of human trafficking; and if he will make a statement on the matter. [33370/06]

I wish to refer the Deputy to my response to Parliamentary Question Number 144 on the 3rd October, 2006 (30711/06) in which I dealt with a range of issues in relation to human trafficking, including the Council of Europe Convention referred to.

Insofar as specific Garda operations are concerned, I can advise the Deputy that operations ‘Quest' and ‘Hotel' are ongoing and that An Garda Síochána take a proactive approach in preventing and combatting trafficking of human beings. While I am advised that the number of incidents of human trafficking reported remains low, An Garda Síochána will continue to monitor the sex industry in Ireland and ensure that instances where human trafficking is suspected are thoroughly investigated. Operation ‘Quest', under the control of the Assistant Commissioner of the Dublin Metropolitan Region, is targeting foreign nationals involved in the sex industry. The Garda National Immigration Bureau (GNIB), under the control of the Assistant Commissioner, National Support Services, is the lead agency for Operation ‘Hotel', which is targeting trafficking in human beings for exploitation.

In addition, participation by the GNIB in joint operations, in particular with the United Kingdom Immigration Service is ongoing, in recognition of the vulnerability of the Common Travel Area (CTA) to abuse by persons engaged in illegal immigration and associated criminality such as trafficking of human beings. The recent signing of a Memorandum of Understanding (MOU) by the UK Immigration Service and An Garda Síochána, facilitating the exchange of data between both organisations, further enhances the ability of both immigration services to prevent and detect illegal immigration. The GNIB will also continue to liaise at an international level with organisations such as Frontex, Europol and Interpol with a view to promoting and benefitting from international best practice in this field.

At a national level the GNIB is in ongoing contact with relevant Government and non-Government agencies, including Ruhama and the International Organisation for Migration (IOM), to ensure effective cooperation including the exchange of information relating to suspected human trafficking. Furthermore, and as the Deputy may be aware, on the 5th May, 2006, I launched a poster campaign, organised by An Garda Síochána and facilitated by Crimestoppers, designed to encourage victims of trafficking of human beings for sexual exploitation to report their plight to the State authorities. Posters have been displayed at airports, bus and railway stations, hostels and hospitals and Garda stations.

Residency Permits.

Michael Noonan

Ceist:

190 Mr. Noonan asked the Tánaiste and Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Limerick who has applied for residency here and has submitted all the appropriate documentation in support of their residency claim. [33371/06]

I understand the Immigration Division of my Department has been in correspondence with the person concerned. Upon receipt of the documentation requested, a decision will be made on the application.

Criminal Prosecutions.

Róisín Shortall

Ceist:

191 Ms Shortall asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of prosecutions and convictions for possession of fireworks in the past three years for which figures are available; and the level of Garda activity in enforcing the law per Garda division in this regard in the run-up to Halloween. [33372/06]

I am informed by the Garda authorities that from 2003 to date in 2006 there have been 11 proceedings commenced, with no convictions recorded, for offences under the Explosives Act, 1875 relating to fireworks. The Explosives Act, 1875 has been amended under Part 6 of the Criminal Justice Act, 2006 which came into effect on 1 August, 2006.

The provisions of Part 6 make it an offence to ignite a firework in a public place or to throw an ignited firework at a person or property. It also makes it an offence for a person to possess a firework for the purpose of selling it or otherwise supplying it without an import licence. In addition Part 6 provides for an increase in the penalties for the misuse of fireworks.

Operation Tombola, the annual Garda operation to combat the illegal sale of fireworks, was launched in September this year. Under this Operation each Assistant Commissioner in conjunction with their senior management teams put initiatives in place, based on information and intelligence available, in each Garda Division to prevent and detect the sale and organised importation of fireworks, particularly in the lead up to Halloween. All operational Gardaí, together with dedicated resources specifically deployed for this Operation, are tasked with preventing and detecting such offences.

To date under Operation Tombola there have been thirty seizures of fireworks, with a total value of €86,966. Over the last five years similar operations have resulted in significant seizures of illegally imported fireworks with an estimated value of over €2 million.

I am confident that with the introduction of the new offences and new penalties the Garda operations will be even more successful in combating the illegal importation, sale and use of fireworks.

My Department is currently running a nationwide advertising campaign aimed at highlighting the dangers of fireworks and the new increased penalties for their illegal use. This advertising campaign will run up to Halloween.

Prison Education Service.

Aengus Ó Snodaigh

Ceist:

192 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform the availability of E-College, the FÁS distance learning programme; the number of participants in this programme in each prison where it is available; if the programme will be extended to all prisons by the end of 2006; and if he will make a statement on the matter. [33373/06]

During 2005 E-College, a FÁS distance learning delivery programme, was piloted in the Training Unit where it has been successfully implemented. In 2005, 4 prisoners completed a range of course activities and to date, in 2006, 15 prisoners have completed or are currently engaged on the programme.

Following the successful implementation of the pilot it is planned to extend the programme to other institutions on a phased basis. It is envisaged that the programme will be introduced to St Patrick's Institution before the end of 2006.

Aengus Ó Snodaigh

Ceist:

193 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform the prisons where the computerised work training database system has been installed and activated; if it will be installed in all prisons by the end of 2006; the information which will be available from the database; and if he will make a statement on the matter. [33374/06]

A new work training database system was developed in 2005 to facilitate the tracking of prisoners' participation and progress in work and vocational training activities and courses during their time in custody. It will also assist in the monitoring and evaluation of the level and effectiveness of work and training services to prisoners.

The new database was rolled out to six institutions during 2005: Arbour Hill, Castlerea, Midlands, St Patrick's, Training Unit and Wheatfield. It is being implemented in the rest of the prison estate on a phased basis and to date, in 2006, it has been installed in Cork, Dochas and Limerick prisons.

Aengus Ó Snodaigh

Ceist:

194 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason the CONNECT programme is not fully implemented at Limerick Prison, in view of his statement in reply to a parliamentary question reply of 21 June 2005 that the project was being extended to Limerick; the steps being taken to ensure the implementation of this programme in Limerick prison as soon as possible, in view of the value and need for this project; and if he will make a statement on the matter. [33375/06]

Aengus Ó Snodaigh

Ceist:

195 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform the amount of funding from the EU that was available for the CONNECT programme in prisons; the amount received for the programme; the way the funding was allocated and if it was used; if the available funding has all been allocated; if not, the reason for same; and if he will make a statement on the matter. [33376/06]

Aengus Ó Snodaigh

Ceist:

196 Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice, Equality and Law Reform the status of the CONNECT programme in prisons; the steps being taken to ensure the roll-out of the programme, particularly in view of Recommendation Rec (2006) of the Committee of Ministers on the European Prison Rules No. 106 (details supplied); the schedule for rolling-out the project to all prisons; and if he will make a statement on the matter. [33377/06]

I propose to take Questions Nos. 194 to 196, inclusive, together.

The CONNECT project was launched in 2000 as a part of the Prison Service Training and Development Programme under the National Development Plan. There is no separate budget for this programme and it was not funded by the European Union. The funding involved has been provided annually by the exchequer as part of the Prisons Vote.

Roll-out of the project commenced at Limerick Prison but was subsequently put on hold against the background of the industrial relations and attendant financial difficulties in the prisons that were finally resolved last year.

The future roll out plans for the various elements of the CONNECT project are being considered in the context of the elaboration of a system of Positive Sentence Management in the prisons. Specifically, the individual programme planning elements that were part of the project need to be more centrally located in the Prison Service's sentence management systems. The work training elements envisaged under the project are currently being enhanced across the prison system. This involves the provision of dedicated new staffing and funding for the expansion of work training in the prison system.

Garda Disciplinary Proceedings.

Brendan Howlin

Ceist:

197 Mr. Howlin asked the Tánaiste and Minister for Justice, Equality and Law Reform if the review promised in Parliamentary Question No. 194 of 21 June 2006 has been completed; if it has been considered by senior Garda management; if action on foot of this review is being considered; and if he will make a statement on the matter. [33378/06]

I am informed by the Garda authorities that the original review has been completed and, having been examined by senior Garda management, a full disciplinary inquiry under the direction of a Chief Superintendent from outside the Division in question has now been directed.

As this inquiry is ongoing, the Deputy will appreciate that it would not be appropriate for me to comment any further on the matter at this time.

Garda Deployment.

Tony Gregory

Ceist:

198 Mr. Gregory asked the Tánaiste and Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 414 of 27 September 2006, if he will confirm that on a previous occasion he gave a commitment to charge some of the cost of additional policing duties required outside stadia on major event or match days to the event organiser; and if he will make a statement on the matter. [33460/06]

As the Deputy is aware over the years numerous organisations have requested and have been given the assistance of Gardaí on a non-public duty basis. Traditionally Gardaí have been made available for the performance of such duties and the State has charged for their services.

At present organisers of events pay for the cost of non-public duties performed by Gardaí on duty inside the event location (e.g. at sporting events, major G.A.A. or soccer matches, rock concerts etc.). The cost of policing duties performed by Gardaí outside of the event location, such as traffic control, beat patrols and other policing duties which would be additional to those normally performed at the location are not paid for by the organisers of the event and fall to be paid from public funds.

Section 30 of the Garda Síochána Act provides a statutory basis for the Garda Commissioner to charge for police services for commercial events such as sports fixtures, concerts etc. Regulations may be made under this Act governing the costs which are to be taken into account by the Commissioner and careful consideration will be give in this process to all of the arguments that have been made in relation to charging for police services.

The primary consideration of the Garda authorities at all times is for the safety of the public. The number of Gardaí and other resources required to discharge the public policing function is determined by operational considerations.

Citizenship Applications.

Jack Wall

Ceist:

199 Mr. Wall asked the Tánaiste and Minister for Justice, Equality and Law Reform his views on documentation (details supplied); the position regarding the person’s application; and if he will make a statement on the matter. [33462/06]

The person concerned sought to renew his permission to remain in the State on the basis that he was the spouse of an EU citizen. He contended when requested to provide documentation in relation to his renewal that he was entitled to an automatic renewal and was not required to provide any documentation.

The case was the subject of High Court proceedings and the matter was determined in March, 2005. The Court ruled that the person was not entitled to an automatic renewal of his permission to remain, and that such renewal was subject to the fulfilment of conditions and that it was in the interest of the State to ensure that those conditions are fulfilled. My Department on foot of the judgement carried out enquiries concerning the current whereabouts of the person's spouse. It was established that his EU national spouse was not in fact residing in the State. The renewal of his permission to remain was therefore refused and he was informed of that decision on 13 April, 2005.

It is, however, open to the person concerned to apply to my Department in writing setting out the grounds for further permission to remain. On receipt of same the application will be further considered.

Garda Deployment.

Seán Ó Fearghaíl

Ceist:

200 Mr. Ó Fearghaíl asked the Tánaiste and Minister for Justice, Equality and Law Reform if, in view of the growth of population in Castledermot, County Kildare, he will request the Garda Commissioner to increase the number of gardaí stationed in the town; and if he will make a statement on the matter. [33463/06]

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 the personnel strength of the Carlow/Kildare Garda Division as at 31 December, 1997 was 281 (all ranks). The personnel strength of the Carlow/Kildare Division as at 17 October, 2006 was 362 (all ranks). This represents an increase of 81 (or 28.8%) in the number of personnel allocated to the Carlow/Kildare Division since that date.

The personnel strength of Castledermot Garda Station as at 17 October, 2006 was 2 (all ranks). Castledermot Garda Station forms part of the Carlow District. The personnel strength of the Carlow District as at 18 October, 2006 was 89 (all ranks). The personnel strength of the Carlow District as at 31 December, 1997 was 68 (all ranks). This represents an increase of 21 (or 30.88 %) in the number of personnel allocated since that date.

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 An Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested Gardaí and recruits in training, of 14,000 by the end of 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 Carlow/Kildare Division will be given the fullest consideration.

Visa Applications.

Pat Carey

Ceist:

201 Mr. Carey asked the Tánaiste and Minister for Justice, Equality and Law Reform if he is in a position to make a decision on the visa application for a person (details supplied); and if he will make a statement on the matter. [33464/06]

The position in relation to Bulgarian nationals following accession of Bulgaria in 2007, in particular with regards to the right of work, has not been finalised. Any overall decision made will clearly have application to the case of the person referred by the Deputy. Whatever the decision, Bulgarians will be treated no less favourably in terms of immigration to Ireland than at present. On the contrary they will as citizens of an EU member state have some additional rights of free movement.

Residency Permits.

John McGuinness

Ceist:

202 Mr. McGuinness asked the Tánaiste and Minister for Justice, Equality and Law Reform the status of an application made to his Department in January 2006 relating to the case of a person (details supplied) in County Kilkenny; and if he will expedite a decision in this case. [33598/06]

The person in question was granted leave to remain in the State for a twelve month period on 12 April, 2005. In January this year she submitted an application for leave to remain on behalf of her daughter, Relebohile, who had entered the State sometime in 2005, the date of her entry into the State, is as yet unknown.

The person should now contact my Department to apply for renewal of her permission to remain in the State. My Department will then be in a position to consider both applications.

Budget Submissions.

Jerry Cowley

Ceist:

203 Dr. Cowley asked the Minister for Finance if he will make a special provision such as tax concessions or through vat liability or other means at his disposal, for the west of Ireland’s struggling business interests, particularly in the tourism sector, in areas such as Achill Island, where although subject to the same Government charges, levies, and expenses as the more populated areas, where their season amounts to possibly a maximum of only six weeks, and if he will be proactive by recommending budget changes which could help those struggling businesses to survive, particularly in view of the need to provide a basic tourism product service for visitors to such areas most of which small tourism undertakings are already struggling to survive; and if he will make a statement on the matter. [33563/06]

The Deputy will appreciate that in line with normal practice in the run up to the annual Budget and Finance Bill I do not wish to comment further on the intention or otherwise to make changes in taxation. In addition, as the Deputy is no doubt aware, matters relating to tourism policy are a matter in the first instance for the Minister for Arts, Sports and Tourism and individual actions and measures relating to tourism promotion or development at regional level are day-to-day functions of the relevant State tourism agencies.

However, I would like to point out that this Government provided an unprecedented level of Exchequer resources for tourism development in 2006 amounting to €140.4 million, which represented an increase of 13% on 2005. This allocation included the largest ever allocation of €40 million to the tourism marketing fund which supports the promotion of Ireland as a tourism destination abroad and provided Fáilte Ireland with more than €80 million to support regional tourism, from local festivals to building capability and strengthening the tourism product.

In relation to VAT, I would like to explain to the Deputy that the VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. Under the Sixth VAT Directive, Member States may retain the zero rates on goods and services which were in place on 1 January 1991, but cannot extend the zero rate to other goods and services. In addition, the VAT rate that applies to a particular good or service is determined by the nature of the good or service, and not by the location of the customer. There is no provision in EU VAT law that would allow for the abolition or reduction of VAT for people located in specific areas.

Finally, I should like to point out that several seaside resorts in the West of Ireland, including Achill Island, obtained tax designation from 1995 to 1999 under the seaside resorts scheme.

Decentralisation Programme.

Aengus Ó Snodaigh

Ceist:

204 Aengus Ó Snodaigh asked the Minister for Finance if properties have been recently leased, rented or purchased by the Office of Public Works in Mullingar or Athlone or in neighbouring towns to facilitate the transfer of staff from the Department of Education and Science to the area as per the Government’s policy of decentralisation; the terms of such transactions and future plans in this regard. [33351/06]

Planning permission has been received by the Office of Public Works for a building on one of its own sites in Athlone for Department of Education and Science staff. The indicative date for building completion, as per the latest report of the Decentralisation Implementation Group, is mid 2008.

In the case of Mullingar, the Office of Public Works is currently negotiating on a potential site. Subject to satisfactory terms being agreed, the indicative date for the completion of this development, as mentioned in the Decentralisation Implementation Group's latest report, is early 2009.

There are no plans at present to lease or rent properties in either Mullingar, Athlone or in neighbouring towns for Department of Education and Science staff.

Questions Nos. 205 and 206 answered with Question No. 170.

Disabled Drivers.

Richard Bruton

Ceist:

207 Mr. Bruton asked the Minister for Finance if his attention has been drawn to the restrictive conditions that apply for a person to qualify for the disabled driver concessions; his views on introducing a second tier of concessions at a lower rate which would be available to disabled drivers who have lost the use of one limb and suffer other conditions that limit their mobility; and if he will make a statement on the matter. [33354/06]

The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to certain limit) on the purchase of a car adapted for the transport of a person with specific severe and permanent physical disabilities, as well as relief from excise on the fuel used in the car up to a certain limit.

The disability criteria for eligibility for the tax concessions under this scheme are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. To get the Primary Medical Certificate, an applicant must be severely and permanently disabled and satisfy one of the following conditions:

(a) be wholly or almost wholly without the use of both legs;

(b) be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;

(c) be without both hands or without both arms;

(d) be without one or both legs;

(e) be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

(f) have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

The scheme has been in operation in some form since 1968. As regards changes to the medical/disability criteria: only criterion (a) was in place up to 1989, when they were expanded by the addition of (b), (c), (d) and (f); and in 1994, the final criterion at (e) was added.

The Senior Medical Officer (SMO) for the relevant Health Service Executive area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. An unsuccessful applicant can appeal the decision of the SMO to the Disabled Drivers Medical Board of Appeal, which makes a new clinical determination in respect of the individual.

A special Interdepartmental Review Group reviewed the operation of the Disabled Drivers Scheme. The terms of reference of the Group were to examine the operation of the existing scheme, including the difficulties experienced by the various groups and individuals involved with it, 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, referring respectively to the operation of the appeals process and options for the future development of the scheme.

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.

Questions Nos. 208 and 209 answered with Question No. 170.

Garda Stations.

Seán Ó Fearghaíl

Ceist:

210 Mr. Ó Fearghaíl asked the Minister for Finance if the Office of Public Works has plans to upgrade the Garda station at Castledermot, County Kildare; and if he will make a statement on the matter. [33590/06]

I am advised by the Commissioners of Public Works that the Garda Authorities and the Department of Justice, Equality and Law Reform have included Castledermot Garda station on the 2007 Garda Minor Capital Works Programme.

The Office of Public Works are currently developing a scheme for the refurbishment of Castledermot Garda station and subject to the approval of this scheme by the Garda Authorities, it is envisaged that this project will proceed in 2007 in accordance with its rating on the Minor Works priority list.

Health Services.

John McGuinness

Ceist:

211 Mr. McGuinness asked the Minister for Health and Children if an application for domiciliary care allowance will be approved in the case of a person (details supplied) in County Kilkenny; and if she will expedite the matter. [33355/06]

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

Health Service Accommodation.

Liam Twomey

Ceist:

212 Dr. Twomey asked the Minister for Health and Children the reason the Health Service Executive’s staff are working in a prefabricated building that was reported in October 1997 as being totally beyond renovation or repair, and that staff are most definitely at risk in terms of their health having regard to dampness, overpowering smell of mould and so on, and that the building is not capable of taking repairs and consequently must be vacated immediately; and if she will make a statement on the matter. [33356/06]

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

Health Services.

Liam Twomey

Ceist:

213 Dr. Twomey asked the Minister for Health and Children the number of people waiting for occupational therapy services in the Health Service Executive; and if she will make a statement on the matter. [33357/06]

The Deputy's questions 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.

Acute Hospitals Sector.

Liam Twomey

Ceist:

214 Dr. Twomey asked the Minister for Health and Children her views on concerns expressed by the Health Service Executive regarding emerging trends in major acute hospitals and demand led schemes; and if she will make a statement on the matter. [33358/06]

In reporting on voted expenditure to the end of September, the Health Service Executive (HSE) has again mentioned both the Acute Hospitals sector and Demand Led Schemes as the areas requiring close budgetary management. Nevertheless, the Chief Executive has informed me that he is planning to manage expenditure within the overall vote provision.

Services for People with Disabilities.

Billy Timmins

Ceist:

215 Mr. Timmins asked the Minister for Health and Children the position in relation to an association (details supplied) in County Wicklow, which has submitted an application to the Department of Education and Science and the Health Service Executive for full State recognition and appropriate funding for a centre of education for children in County Wicklow with autistic spectrum disorders; if this will be sanctioned as a matter of urgency; and if she will make a statement on the matter. [33359/06]

As the Deputy may be aware it is a matter for my colleague, the Minister for Education and Science to provide for primary education. When the Department of Education sanctions classes for children with special needs, the Health Service Executive is the statutory body charged with providing the auxiliary services such as therapies to these classes.

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

Health Reports.

Dan Neville

Ceist:

216 Mr. Neville asked the Minister for Health and Children further to Parliamentary Question No. 66 of 6 July, 2006 and No. 204 of 28 February, 2006 in relation to the death by suicide by a person in County Cork and the outcome of the mental health commission report on the circumstances on the death, if she has received a copy of the report of the circumstances in this death; if she will publicise this report; and if she will make a statement on the matter. [33360/06]

I have not yet received the report referred to by the Deputy. However, the Mental Health Commission has informed my Department that the report is currently being finalised and expects to be in a position to send it to me very shortly. I will consider the Deputy's question when the report is received.

Dan Neville

Ceist:

217 Mr. Neville asked the Minister for Health and Children further to Parliamentary Question No. 715 of 27 January, 2004 and No. 55 of 16 June 2005 if the mental health commission has inquired into the alleged abuse of a person; and if she has received a report in the matter. [33361/06]

I invoked my powers under Section 55 of the Mental Health Act 2001 and formally requested the Mental Health Commission to carry out an Inquiry arising from allegations made on behalf of a named person while a patient at St. Fintan's Hospital, Portlaoise, County Laois.

Arising from the Inquiry a confidential report was prepared dated 2nd March 2005, which was forwarded to me on 2nd March, 2005.

The Mental Heath Commission received a request for a copy of the report from solicitors acting for the named person and her father. In the normal course of events it is the Mental Health Commission's preference and ethos to disclose to the patient the information sought subject to what is in the best interests of the patient. In this instance the patient did not have capacity to consent to the release of the report which contains very sensitive and personal information. In those circumstances a copy of the report was provided to the named person's father pursuant to judicial review proceedings brought by him and on the basis of a written undertaking to the Court by the named person's father that the report would be treated with the same duties of confidentiality that would attach if it were produced pursuant to an Order for Discovery by the Court in a lis inter partes and where any breach of confidentiality amounts to contempt. The Judicial Review proceedings were then withdrawn.

Fergus O'Dowd

Ceist:

218 Mr. O’Dowd asked the Minister for Health and Children if she has been briefed on the contents of Professor O’Neill’s Leas Cross report; the date she received this briefing; and if she will make a statement on the matter. [33362/06]

Fergus O'Dowd

Ceist:

219 Mr. O’Dowd asked the Minister for Health and Children if she will publish the Leas Cross Report; and if she will make a statement on the matter. [33363/06]

I propose to take Questions Nos. 218 and 219 together.

The Leas Cross Report was provided to the Minister in June 2006 and the Minister was briefed on the report at that time. The Minister has requested the Health Service Executive to publish the recommendations contained in the Leas Cross Report and to engage in a further process to overcome any outstanding legal obstacles to the publication of the report in its entirety. The HSE has commenced such a process and I expect the report to be published shortly.

Health Services.

Catherine Murphy

Ceist:

220 Ms C. Murphy asked the Minister for Health and Children the support therapies available to children moving from outreach units and classes to mainstream schooling; the basis on which need is assessed for such a transition; the obligation which lies with the Health Service Executive to provide such services; and if she will make a statement on the matter. [33364/06]

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.

Housing Aid for the Elderly.

Ned O'Keeffe

Ceist:

221 Mr. N. O’Keeffe asked the Minister for Health and Children the reason for the delay in finalising an application made to the southern Health Service Executive under the housing aid for the elderly scheme in respect of persons (details supplied) in County Cork. [33365/06]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. This includes responsibility for the provision of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. Accordingly, the Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Services.

Ned O'Keeffe

Ceist:

222 Mr. N. O’Keeffe asked the Minister for Health and Children the reason for the delay in the occupational therapist calling to assess a person (details supplied) in County Cork; and if she will make a statement on the matter. [33366/06]

The Deputy's questions 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.

Vaccination Programme.

Richard Bruton

Ceist:

223 Mr. Bruton asked the Minister for Health and Children if she has received correspondence regarding a person (details supplied) in Dublin 5; and if she will soon be in a position to introduce a compensation scheme to help with the needs of this young person. [33367/06]

The issue of vaccine damage, including a compensation scheme, is being considered by my Department at present and the examination will conclude shortly. Cases such as the one referred to could be considered in the light of the possible establishment of such a scheme.

Health Services.

Seán Ardagh

Ceist:

224 Mr. Ardagh asked the Minister for Health and Children if she will extend the provision of free glasses to children in post-primary schools (details supplied). [33368/06]

Under Section 67 of the Health Act, 1970, the children eligible for Health Service Executive (HSE) ophthalmic services are pre-school and national school children in respect of defects noted at child health examinations. Child health examinations are provided by the HSE to children attending national school in accordance with Section 66 of the Health Act, 1970.

I have no plans to extend ophthalmic services for children beyond those detailed above. The Deputy may wish to note, however, that children who are medical card holders or who are dependants of medical card holders continue to be eligible for ophthalmic services.

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

Health Reports.

Pat Carey

Ceist:

225 Mr. Carey asked the Minister for Health and Children if, arising from the first report of the teen parents support programme (details supplied) the further initiatives she proposes to take in this very important area; if she will consider initiatives in the Dublin 11 area; and if she will make a statement on the matter. [33456/06]

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

Genetically Modified Organisms.

Trevor Sargent

Ceist:

226 Mr. Sargent asked the Minister for Health and Children if she will report on recent discoveries of genetically modified food in retail outlets; the action she has taken on foot of same; the extent of the inspection and testing regime that is in place to ensure that GM food is not in the food chain; the progress made towards achieving the stated goal in the 1997 Programme for Government of keeping Ireland GM free; and if she will make a statement on the matter. [33457/06]

The Food Safety Authority of Ireland (FSAI), which is the competent authority in Ireland for the enforcement of EU legislation regarding genetically modified (GM) foods, carries out checks on the marketplace for compliance with GM legislation on an on-going basis.

Ireland, in common with other Member States and as required by EU rules, applies EU legislation on GM foods whether produced within the EU or imported. Under EU rules, only authorised GM foods, or foods containing ingredients thereof, can be placed on the market. The safety of GM products is independently assessed by the European Food Safety Authority (EFSA) on a case-by-case basis and GM food is required to be clearly labelled thus ensuring greater consumer confidence and choice.

The European Commission brought in emergency measures on 23 August last (Commission Decision 2006/578/EC) requiring certification of imported long grain rice as a result of the US authorities revealing that they had found traces of a genetically modified rice line in rice batches from Arkansas and Missouri of a type which is not approved for commercial use on either side of the Atlantic: the Standing Committee on the Food Chain and Animal Health (which consists of representatives of the Member States) backed this decision at an emergency meeting two days later. These emergency measures were superseded by Commission Decision 2006/601/EC of 5 September 2006 on emergency measures regarding the non-authorised genetically modified organism LL RICE 601 in rice products. This Decision stipulates that EU Member States may only allow certain long grain rice products on the EU market where they are accompanied by analytical certification that the rice in question is not present. The Commission Decision also stipulates that Member States must carry out random sampling and analysis of rice products already on the market to verify its absence.

The FSAI, as competent authority for GM foods, has carried out random sampling and testing of rice in the Irish retail sector in line with the Commission Decision: of nineteen samples tested to date, four brands of long grain rice have produced positive results for GM LL RICE 601. Last September, the FSAI notified the European Commission of these unfavourable results. The company in question voluntarily removed all batches of that product from sale in Ireland.

In October, the FSAI forwarded three further notifications to the Commission: in all cases, the batches concerned have been removed from sale. The FSAI has also made contact with Customs and Excise to ensure that only long grain rice products with the required clearance certificates are allowed into Ireland.

In a separate development, on 14 September the Scientific Panel on Genetically Modified Organisms of EFSA concluded that 'The available data are not sufficient to allow the safety of LL RICE 601 to be assessed in accordance with the EFSA guidance for risk assessment. However, on the basis of the available molecular and compositional data and on the toxicological profile of PAT proteins, EFSA considers that the consumption of imported long grain rice containing trace levels of LL RICE 601 is not likely to pose an imminent safety concern to humans or animals.'

Government policy with regard to Genetically Modified Organisms (GMOs) is based on the Report of the Inter-Departmental Group on Modern Biotechnology published in October 2000. In line with the recommendations of this report, my Department adopts a 'positive but precautionary' approach to the issue of GM foods which reflects the priority given to consumer choice and safety.

Health Services.

Jack Wall

Ceist:

227 Mr. Wall asked the Minister for Health and Children the number of home help hours determined for persons (details supplied) in County Kildare; if an increase in hours is being recommended as a result of the recent case conference in relation to these persons; and if she will make a statement on the matter. [33458/06]

The Deputy's questions 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.

Jack Wall

Ceist:

228 Mr. Wall asked the Minister for Health and Children the position regarding the provision of essential services for persons (details supplied) in County Kildare as a result of a recent case conference; and if she will make a statement on the matter. [33459/06]

The Deputy's questions 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.

Paul Kehoe

Ceist:

229 Mr. Kehoe asked the Minister for Health and Children when a person (details supplied) in County Wexford will be called for speech therapy; and if she will make a statement on the matter. [33503/06]

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

Departmental Properties.

Bernard Allen

Ceist:

230 Mr. Allen asked the Minister for Health and Children the premises being rented by the Health Service Executive; the duration of the rental lease and the annual rent; when the property was first leased; and when a rent review is due in each case. [33591/06]

The Deputy's question relates to the exercise by the Health Service Executive of its functions under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to reply directly to the Deputy in relation to the information sought.

Computerisation Programme.

Bernard Allen

Ceist:

231 Mr. Allen asked the Minister for Health and Children the amount the Health Service Executive is paying for the National PPARS office in Sligo. [33592/06]

The Deputy's question relates to the management and delivery of the 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 Health Service Executive to have the matter investigated and to provide the details requested directly to the Deputy as soon as possible.

Bernard Allen

Ceist:

232 Mr. Allen asked the Minister for Health and Children the number of persons working on the PPARS project in January 2005, January 2006 and 1 October 2006. [33593/06]

The Deputy's question relates to the management and delivery of the 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 Health Service Executive to have the matter investigated and to provide the details requested directly to the Deputy as soon as possible.

Departmental Expenditure.

Bernard Allen

Ceist:

233 Mr. Allen asked the Minister for Health and Children the amount being spent on security; the exact location where an external security company is involved; when the first contract was entered into; and the cost of each contract on an annual basis since January 2005. [33594/06]

The total amount spent on Security from January 2005 to end September 2006 is €196,130.* (The contract amount for Security Services in the General Register Office, Convent Road, Roscommon is committed to July 2007).

The location and details involved are shown in the following table.

Location

Amount Spent (VAT Included)

Details of Contract

2005

2006

Department’s Headquarters, Hawkins House Dublin

27,709

20,125

General Register Office, Dublin

46,566

36,254

First contract entered into in 1987

General Register Office, Convent Road, Roscommon.

32,491

32,985*

Contract entered into in August 2005.

*Includes an amount for keyholding services at the former General Register Office at Racecourse Road, Roscommon.

Services for People with Disabilities.

Joe Higgins

Ceist:

234 Mr. J. Higgins asked the Minister for Health and Children if she will allocate extra funds to the Health Service Executive to enable it to give the necessary financial support to the Coeliac Society of Ireland to continue its work and meet the future needs of their community, in view of the fact that the HSE has stated on this issue that it did not receive additional resources in 2006 sufficient to deal with the many worthwhile developments which the voluntary and other sectors within the health service have actively sought to introduce in order to bring about key improvements. [33595/06]

Responsibility for the payment of grants to those voluntary organisations involved in health promotion, raising awareness or providing support services for people suffering from particular conditions now rests with the Health Service Executive (HSE). It is a matter for the Executive to decide the level of support it provides to the various voluntary organisations based on the funding available and the relative merits of the applications received. My Department understands that the HSE has committed to working with the Coeliac Society in relation to their needs in order to assist the Society in bringing about service improvements for people suffering from this condition.

Bernard Allen

Ceist:

235 Mr. Allen asked the Minister for Health and Children when a decision will be made by the Health Service Executive southern branch to provide a suitable wheelchair for a person (details supplied) in County Cork, who applied several months ago for one but hasn’t received a response to date. [33596/06]

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

Hospital Waiting Lists.

Jerry Cowley

Ceist:

236 Dr. Cowley asked the Minister for Health and Children her views on the situation regarding a person (details supplied) in County Mayo; the reason this person has been informed that they will be 22 years old before they will have an initial assessment; and if she will make a statement on the matter. [33597/06]

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.

The Deputy will be aware that it is open to him to contact the Health Service Executive's Parliamentary Affairs Division directly about this or any other matter within the Executive's statutory remit. As previously advised to Oireachtas members the Parliamentary Affairs Division can be contacted by phone at 01-6352505, and by email at PAD@mailf.hse.ie.

Grant Payments.

Martin Ferris

Ceist:

237 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources the number of homes in Kerry that have been allocated a grant under the greener homes scheme since it came into place; and if he will make a statement on the matter. [33330/06]

In the 26 week period up to 25 September 2006 since the Greener Homes Scheme was launched, a total of 592 applicants have been offered grant aid in the Kerry region.

Fisheries Protection.

Eamon Ryan

Ceist:

238 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources if, in view of the increasing awareness in recent years of the impact of fishing operations on cetacean populations, he intends to sign the Agreement on the Conservation of small cetaceans of the Baltic and North Seas. [33453/06]

Responsibility for the conservation of cetaceans rests with the Minister for Environment, Heritage and Local Government and any decision on signing up to the Agreement on the Conservation of small cetaceans of the Baltic and North Seas rests with the Minister. Council Regulation (EC) No. 812/2004, lays down measures concerning incidental catches of cetaceans in fisheries. We are currently working with other Member States to finalise the implementation of this Regulation which involves the use of acoustic deterrent devices on gill nets in certain areas. It also requires Member States to introduce on board observer schemes to monitor cetacean by catches in certain fisheries. In compliance with Council Regulation 812/2004 observer data has been supplied for the period 2005-2006.

In relation to Irish fishing operations I am advised that the level of cetacean by-catch in the Irish fishing fleet has not been high. However the Department remains concerned to minimise this by-catch. In this regard Bord Iascaigh Mhara (BIM), an agency of the Department, continues to work with the fishing industry to develop new techniques to prevent or significantly reduce incidences of cetacean by-catch. Minor adjustments to fishing practices in relation to fishing times and areas have been shown to have a significant impact.

Broadcasting Legislation.

John Dennehy

Ceist:

239 Mr. Dennehy asked the Minister for Communications, Marine and Natural Resources if he intends modifying or examining the legal restraints governing RTÉ which prevents it from broadcasting both radio and television into the UK thus depriving the Irish community there of a potential source of contact with Irish affairs; and if he will make a statement on the matter. [33303/06]

As the Deputy may already be aware, RTÉ's statutory mandate, as defined in Section 28(1) of the Broadcasting Act, 2001, provides that RTÉ's radio and television services shall be made available, in so far as is reasonably practicable, to the whole community on the Island of Ireland.

As such RTÉ's statutory mandate does not extend to the provision of radio or television services to Irish communities living in Britain or elsewhere.

As a consequence RTÉ may not use the proceeds of the television licence fee to provide such services.

However, it should be noted that many people living outside of the Island of Ireland already enjoy access to a considerable quantity of RTÉ's television programming by way of the Internet, and to RTÉ's radio services by way of satellite, LW and MW and the Internet.

In the light of the recommendations of the Task Force on Emigration, it is proposed to amend the public service remits of RTÉ and TG4 to allow for the provision and public funding of broadcasting services to Irish communities in Britain.

The proposals to amend the Broadcasting Act, 2001 are contained in the draft general scheme of the Broadcasting Bill, which has been submitted to the Joint Oireachtas Committee on Communications, Marine and Natural Resources for the purposes of public consultation under the eConsultation initiative.

I propose to introduce this Bill into the Houses of the Oireachtas in the light of the outcome of the consultation process.

Telecommunications Services.

Denis Naughten

Ceist:

240 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources the steps he will take to provide a State controlled broadband and telephone network; and if he will make a statement on the matter. [33499/06]

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 independent Commission for Communications Regulation, ComReg.

I have no plans to establish a State controlled broadband and telephone network.

Denis Naughten

Ceist:

241 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources his plans to extend Eircom’s universal service obligation to require it to provide DSL services; his views on whether there should be an obligation on Eircom to provide a broadband service or a reason for line failure; and if he will make a statement on the matter. [33500/06]

I refer the Deputy to my reply to Parliamentary Question No. 222 of 28 September 2006.

Denis Naughten

Ceist:

242 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources the action he is taking to expand the accessibility of broadband outside urban centres in provincial Ireland; and if he will make a statement on the matter. [33501/06]

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 private 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. It is expected that these MANs will be completed during 2006 and 2007.

My Department also administers a Group Broadband Scheme which offers small towns and rural communities of less than 1,500 people the chance to come together with service providers and obtain broadband connectivity for their areas with funding assistance from the Government. There have been two phases of this scheme to date resulting in over 160 projects being approved for funding of €5,890,000. The projects cover over 575 communities with a combined population of over 410,000. The most recent call for proposals has now closed and the question of a further round of financial assistance is under consideration

However, despite these interventions, there will still be some parts of the country where the private sector will be unable to justify the commercial provision of broadband connectivity. Options to address the gaps in broadband coverage are currently being considered.

Fishing Industry.

Eamon Ryan

Ceist:

243 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the number of farms that produce farmed salmon; the number of farms that produce farmed cod; the number of escape incidents that occurred on salmon farms; the number of farmed salmon that escaped; the number of farmed salmon that died on farms; the diseases that have been diagnosed and reported on salmon farms; the amount of emamectin benzoate, cypermethrin and teflubenzuron used on salmon farms; the antibiotics used on salmon farms and the quantities of same; the antifoulants used on salmon farms and the quantities of same; the discharges of phosphorus and nitrogen made by salmon farms for the years 1990 to date in 2006; the percentage of salmon farms here that are owned by a company (details supplied); the percentage Irish salmon farming production in 2005 controlled by the same company; and the percentage of farmed salmon mortalities that are disposed of in land burial, ensiled, incinerated or other. [33600/06]

Due to the nature and extent of the information that the Deputy has sought, it has not been possible to compile the data within the time available. I will, however, write to the Deputy as soon as possible enclosing all the available information.

Job Creation.

Pat Breen

Ceist:

244 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment the role of IDA Ireland in promoting foreign direct investment in Clare outside of the Shannon free zone; if its ability to disburse investment funds has changed in recent years; if legislative shortcomings prevent it from disbursing investment funds in these areas in the same way as in other areas of the State; and if he will make a statement on the matter. [33329/06]

Under the Industrial Development Acts, IDA Ireland is the agency charged with the attraction of foreign direct investment to this country, its regions and its areas, with the exception of the Shannon Free Zone, which is the responsibility of Shannon Development. Responsibility for the provision of industrial property solutions within the Mid West region also lies with Shannon Development and IDA Ireland works closely with Shannon Development in the promotion and marketing of these tailored property solutions.

IDA Ireland's ability to disburse support for overseas investment in County Clare is governed by the same legislation which governs the disbursement of support to overseas investment in the rest of the country. This legislation has not been changed in recent years.

A central goal for IDA Ireland is the achievement of balanced regional development. IDA Ireland's regional strategy reflects the National Spatial Strategy, with an emphasis on the gateway and hub locations. In Clare, Ennis is designated as a hub location. The attractiveness of Clare and Ennis for inward investment has to be seen within a regional context, and particularly by reference to Shannon airport and to their location on the Limerick/Galway corridor.

IDA Ireland's sectoral emphasis in the Mid-West Region is on attracting new knowledge intensive projects in Information Communications and Technology, International Services, Medical Technologies and Life Sciences.

At the end of December 2005, IDA had nine supported companies in Clare, employing in excess of 1,000 people.

I am confident that the strategies and policies being pursued by IDA Ireland in County Clare, together with the ongoing commitment by Government to regional development, will bear fruit in terms of investment and job creation for the county and the region as a whole.

Job Losses.

John McGuinness

Ceist:

245 Mr. McGuinness asked the Minister for Enterprise, Trade and Employment if he has investigated the circumstances regarding the lay offs and closures at a company (details supplied) in County Kilkenny; the action he will take to replace this loss of jobs; if assistance will be given to the company to continue their operation; and if he will make a statement on the matter. [33586/06]

I understand from IDA Ireland that the company in question has not made any closure announcement. Unfortunately, six people were let go on 6 October 2006, due to difficult market conditions and related problems which the company is experiencing. The agency is maintaining close contact with the company which has agreed to notify IDA Ireland of any future developments. The agency has also offered to meet both the local and parent management teams and to assist in whatever way it can. In the meantime, the Industrial Development agencies will continue to promote the area in order to create sustainable investment and job opportunities.

Social Welfare Code.

Seán Ardagh

Ceist:

246 Mr. Ardagh asked the Minister for Social and Family Affairs his views on abolishing means testing for the fuel allowance in respect of senior citizens aged 70 years and older. [33478/06]

In the case of contributory pensions such as state pension (contributory), state pension (transition) and invalidity pensions, which are not means tested, a person may have a combined household income of up to EUR 51 per week over and above the maximum state pension (contributory) rate, or savings/investments of up to EUR 46,000, and still qualify for fuel allowance. The fuel allowance income limits increase each season in line with the increases in the state pension (contributory) rate.

Abolishing the means test for the fuel allowance scheme would have significant cost implications. Extending the fuel allowance to all persons over seventy years of age would add EUR 90 million to the annual cost of the scheme. I am always willing to examine proposals that make sound and financial sense, but expenditure on such a scale would have to be considered in the context of the Budget and in the light of the resources available to me for improvements in social welfare generally.

Seán Ardagh

Ceist:

247 Mr. Ardagh asked the Minister for Social and Family Affairs if he will extend the provision of free glasses to children in post-primary schools. [33479/06]

The scheme operated by my Department provides treatment benefit (optical, dental and medical appliance) for insured workers over 16 years of age and their dependent spouses, provided they satisfy certain PRSI conditions. Children of insured workers are not covered under the scheme.

The operation of the optical benefit scheme is subject to ongoing monitoring by my Department. I am always willing to examine sensible proposals but any changes in the scheme would have financial implications which would have to be considered in a budgetary context.

Social Welfare Benefits.

David Stanton

Ceist:

248 Mr. Stanton asked the Minister for Social and Family Affairs if the backlog in processing family income supplement claims still exists; if so, the reason for same; when he expects the backlog to be cleared; the reason for delays in processing FIS claims; the action he is taking to address these delays; and if he will make a statement on the matter. [33504/06]

David Stanton

Ceist:

249 Mr. Stanton asked the Minister for Social and Family Affairs the number of applications for family income supplement received to date in 2006; the number of claims which have been processed and are in payment; the number of claims awaiting payment; the length of time it is currently taking his Department to process outstanding claims; and if he will make a statement on the matter. [33505/06]

David Stanton

Ceist:

250 Mr. Stanton asked the Minister for Social and Family Affairs the average amount of time in weeks taken to process family income supplement claims in 2004, 2005 and to date in 2006 respectively; the average amount of time it is currently taking his Department to process FIS claims; the longest amount of time it has taken to process a claim in 2006; and if he will make a statement on the matter. [33506/06]

David Stanton

Ceist:

251 Mr. Stanton asked the Minister for Social and Family Affairs if the backlog of claims for family income supplement still exists; if this backlog related solely to new claims or if there is a delay in processing renewal claims; the additional contact his Department has had with the people who await decision of their applications as a result of the delays; and if he will make a statement on the matter. [33507/06]

David Stanton

Ceist:

252 Mr. Stanton asked the Minister for Social and Family Affairs the number of applications for family income supplement received each year respectively since 2003 and to date in 2006; the number of claims which were awarded and the number refused for each year; the percentage breakdown of same; the average amount paid out per claim in each year; and if he will make a statement on the matter. [33508/06]

I propose to take Questions Nos. 248 to 252, inclusive, together.

The Family Income Supplement (FIS) is designed to provide cash support for employees on low earnings with families. Entitlement to FIS is based on an applicant satisfying a means test and on certification of employment by the employer. The income limits were increased significantly in the 2006 Budget and in earlier budgets, enabling more people to qualify.

My Department undertook a nationwide awareness campaign last March to promote and encourage increased take up of the scheme. This extensive week-long campaign included advertising on TV, on national and local radio and in the national and regional press. A nation-wide poster campaign was also undertaken.

In addition, the scheme was promoted through my Department's network of Local Offices, Citizen Information Centres and Citizens Information Phone service and by Comhairle, the national information support agency. Information was also made available through my Department's website.

I am very pleased with the response so far to the campaign. There is a strong upward trend in the numbers applying for the scheme largely as a result of improvements in the income limits. This and the advertising campaign have resulted in a higher than normal number of claims on hand. My Department issues all applicants with an automatic letter of acknowledgement in which customers are advised that there may be a delay before their claim is decided.

There are currently 20,116 people in receipt of a weekly FIS payment. This is an increase of 2,628 or 15% since the beginning of this year. The average value of each FIS payment is over €113 per week.

My Department has received 10,971 new claims so far this year compared with 5,880 for the corresponding period in 2005. A total of 9,497 new claims have been decided.

My Department has also received 16,052 renewal applications compared with 12,359 for the corresponding period in 2005. A total of 13,133 renewal claims have been decided. So far this year a total of 22,630 new and renewal claims have been decided, which is an increase on the total of 22,319 decided over the full year in 2005.

At week ending 13 October 2006 there were 6,386 claims awaiting decision consisting of 2,463 new claims and 3,923 renewal claims. The majority of these claims will be decided within the next two months.

The time taken to decide the individual claim that took the longest time to decide in 2006 is not known. However, the average time taken to award a new claim in 2006 was 7.3 weeks. The average in 2005 was 4.2 weeks while the average in 2004 was 5.5 weeks.

My Department is committed to providing a quality 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 eligibility conditions which apply. Some improvements have recently been introduced to directly address the efficiency of claim processing for FIS: a review of all existing processes and procedures has been undertaken with the explicit objective of reducing delays in claim processing; priority is being given to claims where a claim is being renewed to ensure continuity of payment; additional staff resources have been assigned specifically to improve the delivery of service. These measures will, over time, lead to more efficient processing and reduce the number of claims on hand. The position will be closely monitored and kept under review by my Department.

The remaining information requested by the Deputy is set out in tabular form as follows:

Family Income Supplement

Year

Claims Received

Claims Awarded

Rejected

Average Payment

2003

18,611

13,903 (81%)

3,339 (19%)

€58.20

2004

21,458

17,962 (84%)

3,507 (16%)

€69.68

2005

22,928

19,353 (87%)

2,966 (13%)

€87.57

2006 at 13 October

27,023

18,874 (83%)

3,756 (17%)

€113.12

Social Welfare Appeals.

David Stanton

Ceist:

253 Mr. Stanton asked the Minister for Social and Family Affairs the breakdown of the number of appeals currently awaiting decision for each of the various schemes operated by his Department respectively; the number of appeals which are to be decided by oral hearing; the average and longest time it takes to process an appeal for each scheme of his Department; if being granted an oral hearing extends the waiting time for an appeal to be processed; and if he will make a statement on the matter. [33510/06]

The Social Welfare Appeals Office deals with about 14,000 appeals on an annual basis. On 30 September 2006 there were 5,565 appeals awaiting decision. A breakdown of these cases follows (Table A). A breakdown of average processing times for each scheme, based on 2005 figures, also follows (Table B). Figures regarding the longest time it takes to process an appeal for each scheme of my Department are not maintained. On 16 October 2006 there were 1,970 cases awaiting an oral hearing of which 400 have been scheduled.

The average length of time to deal with all appeals (i.e. those decided summarily and by way of an oral hearing) in 2005 was 20 weeks. If allowance is made for the 25% most protracted cases, the average time falls to 13 weeks. Oral hearings are granted at the discretion of the Appeals Officer usually in circumstances where there is a conflict in evidence presented by both parties or where an oral hearing is required by the appellant in order to present his or her case. Given the logistics involved in organising oral hearings, the average length of time is increased by 8 weeks where an oral hearing is involved.

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 examinations by the Department's Medical Assessors in certain sickness related cases and the holding of oral hearings which are currently afforded in two out of every three cases determined by Appeals Officers. Circumstances may arise, normally outside of the control of the Social Welfare Appeals Office, which have the effect of unduly prolonging the time taken to process appeals. For example, delays can occur where the appellant submits new information or evidence, often at an advanced stage in the proceedings. In some cases adjournments may be sought by the Appellant or his/her representative.

The social welfare appeals system is a quasi-judicial one and the procedures involved are designed to ensure that every appellant's case gets full and satisfactory consideration.

While improving processing times remains a major objective of the Social Welfare Appeals Office, it is necessary at all times to ensure that progress in this regard is achieved in a manner which is not in conflict with the demands of justice and the requirement that every appeal be fully investigated and examined on all its merits.

Table A

Number of Appeals awaiting decision at 30 September 2006.

Scheme Type

Numbers

Blind Pension

5

Carers Allowance

367

Carers Benefit

3

Child Benefit

86

Disability Allowance

1,048

Disability Benefit

1,039

Deserted Wives Allowance

5

Deserted Wives Benefit

11

Employers PRSI Exemption

1

Farm Assist

40

Bereavement Grant

8

Family Income Supplement

33

Home Maker

1

Invalidity Pension

279

Lone Parents

16

Liable Relative

3

Maternity Benefit

7

Old Age Contributory Pension

94

Old Age Non-Contributory Pension

152

Occupational Injury Benefit

29

Disablement Benefit

212

Occupational Injury Medical

23

Orphans Contributory Pension

3

One Parent Family Payment

493

Orphans Non-Contributory Pension

3

Pre-Retirement Allowance

9

Unemployment Assistance (Means)

348

Rent Allowance

1

Respite Care Grant

99

Retirement Pension

17

SCOPE (Insurability of Employment)

74

Supplementary Welfare Allowance

55

Treatment Benefit

16

Unemployment Assistance

653

Unemployment Payments Overpayments

37

Unemployment Benefit

272

Unemployability Supplement

4

Widows Contributory Pension

6

Widows Non-Contributory Pension

13

Total

5,565

Table B

Average Processing Time of Appeals Disposed of in 2005.

Scheme Type

Number of Weeks

Adoptive Benefit

23.8

Blind Pension

26.0

Carers Allowance

21.2

Carers Benefit

29.8

Child Benefit

18.4

Disability Allowance

21.6

Disability Benefit

24.0

Deserted Wives Allowance

33.1

Deserted Wives Benefit

22.8

Farm Assist

22.0

Bereavement Grant

19.8

Family Income Supplement

17.9

Invalidity Pension

24.9

Lone Parents

33.6

Liable Relative

71.5

Maternity Benefit

19.9

Old Age Contributory Pension

46.1

Old Age Non-Contributory Pension

22.7

Occupational Injury Benefit

26.2

Disablement Benefit

27.6

Occupational Injury Medical

34.7

Orphans Contributory Pension

16.5

One Parent Family Payment

31.3

Orphans Non-Contributory Pension

33.3

Pre-Retirement Allowance

19.3

Unemployment Assistance (Means)

18.9

Respite Care Grant

10.0

Retirement Pension

24.4

SCOPE (Insurability of Employment)

34.1

Supplementary Welfare Allowance

12.2

Treatment Benefit

10.6

Unemployment Assistance

10.6

Unemployment Payments Overpayments

22.7

Unemployment Benefit

12.6

Unemployability Supplement

23.4

Widows Contributory Pension

39.1

Widows Non-Contributory Pension

28.1

Widowed Parent Grant

62.8

Average Time to Process All Appeals

20.2

Social Welfare Investigations.

David Stanton

Ceist:

254 Mr. Stanton asked the Minister for Social and Family Affairs if, in relation to claims which are referred to local inspectors for investigation, he has set targets in relation to the length of time within which a file must be referred to the local inspector; if he has set same for the time within which a home visit must be completed by a local inspector once a file has been received; if he has set same regarding the length of time within which a local inspector must submit their findings to the original office from which the file was referred; and if he will make a statement on the matter. [33511/06]

In determining entitlement under any of my Department's schemes, the eligibility conditions may include PRSI contribution, means or medical conditions or household circumstances. The time taken to process individual claims varies significantly having regard to the nature of the scheme and the circumstances in each case.

Straightforward means tested cases are "fast tracked" by deciding officers in scheme sections or local offices. More complex cases are forwarded to inspectors who establish the details of the case by interviewing the customer in a local office or, if it is considered necessary, by undertaking a home visit.

Factors outside my Department's control can impinge on the time taken to make a decision in any case. These factors include delays by claimants in supplying necessary documentation or by other agencies, including agencies abroad in supplying key information. Overall targets are set for claim processing and the time taken by inspectors in clearing cases is included in these targets. Claim processing performance is monitored on an on-going basis and staff are deployed as necessary to meet the requirements of fluctuating volumes of work. However the overriding consideration is to ensure that customers receive their correct entitlement and that all the necessary information is to hand when a decision on the case is being made.

I would like to assure the Deputy that I am very conscious of the need to continue to improve the levels of service and to preserve and build on the good reputation which the Department has for service to its customers.

Road Traffic Offences.

Róisín Shortall

Ceist:

255 Ms Shortall asked the Minister for Transport the offences (details supplied), in so far as they relate to enforcement by a traffic warden, that have been commenced and in each case the statutory instrument that commenced them; if not, the reason therefor; and when he intends to proceed with the commencement. [33339/06]

The Deputy is enquiring about three specified offences, one of which relates to display of an NCT disc and two relate to motor tax disc offences. Enforcement of offences under the new fixed charge system, which is in operation by local authority traffic wardens since 3 April 2006, is in respect of the range of offences that traffic wardens were familiar with.

I will give consideration, in due course, to the declaration of additional offences to be fixed charge offences enforceable by local authority traffic wardens. As the matter stands at present the three offences that the Deputy's question relates to are currently enforceable by the Garda Síochána.

Parking Regulations.

Dermot Fitzpatrick

Ceist:

256 Dr. Fitzpatrick asked the Minister for Transport when he expects to bring forward proposals to review residents only parking arrangements around Croke Park and other stadia; if he will have a public consultation on the matter; and if he will make a statement on the matter. [33481/06]

I refer the Deputy to my reply to Question No. 442 of 10 October 2006 on this subject.

The issue of reserving parking on public roads to local residents is complex and is much broader than in the context of match days at Croke Park or other stadia. The legal issue that must first be established is whether or not it would be appropriate to provide for the application of parking restrictions of this nature on a public road. The matter has been referred to the Attorney General for advice and a response is awaited.

Traffic Management.

Richard Bruton

Ceist:

257 Mr. Bruton asked the Minister for Transport his views on whether buses and taxis should be confined exclusively to bus lanes on routes where they are available; and if he will make a statement on the matter. [33482/06]

Bus lanes are provided to facilitate the running of large public service vehicles and access is also permitted to taxis that are operating in the course of business. I do not consider that there is a need to amend road traffic regulations to impose a mandatory driving rule that buses and taxis should be confined exclusively to bus lanes where these are available.

Aer Lingus Shareholding.

Richard Bruton

Ceist:

258 Mr. Bruton asked the Minister for Transport the advice received on the sale of 7% shareholding in Aer Lingus that had been retained to stabilise the market; the person who made the decision to sell; if the shareholding was sold in a single block; if they were sold on the open market or by an individual deal; and if he will make a statement on the matter. [33483/06]

In order to set the context to respond to the questions raised by the Deputy, I propose to set out below a description of over-allotment arrangements and how they were applied in the Aer Lingus Initial Public Offer (IPO).

An over-allotment option (often referred to as a greenshoe option) is a price stabilisation mechanism that is a common feature of IPOs.

It is common practice in IPOs for the stabilising manager (which will usually be the lead underwriter) to over-allocate shares in order to put itself in a position to stabilise the share price for a short period of time following the IPO — this over-allocation is usually of a number of shares equal to 15% of the number of shares in the initial offer. Such an over-allocation leaves the stabilising manager with insufficient shares to satisfy its contractual obligations as it has sold more shares than are available in the initial offer.

Depending on the share price performance in the immediate aftermath of an IPO, shares required to satisfy the over-allocation are either bought by the stabilising manager on behalf of the other underwriters in the market in stabilising transactions or are settled through the exercise of the greenshoe option. The exercise of the greenshoe option entails the issue of additional shares by the company to the stabilising manager and/or the purchase of additional shares by the stabilising manager from the existing shareholder(s).

In the Aer Lingus IPO the greenshoe option was granted to the stabilising manager for a 30-day period starting on the day that the IPO offer price was announced. Over-allotment options equivalent to 15% of the total number of shares offered in the IPO were granted to the stabilising manager on behalf of the underwriters, on the advice of the underwriters. The options were given by the Minister for Finance (10%) and Aer Lingus (5%).

The Aer Lingus IPO was structured on the basis that the objectives for the State's retained shareholding and the raising of new equity for the Company would only be fully realised if the greenshoe options were exercised in full.

If the share price had fallen below the IPO offer price immediately following the IPO, the stabilising manager could have bought shares amounting to up to 15% of the total offer in the market in order to satisfy over-allocations. In a scenario, where the full 15% of the offer was bought in this way, the greenshoe options would not have been exercised at all and the State would have retained a shareholding of almost 35%, while Aer Lingus would have issued 5% fewer new shares. (The State's share of the greenshoe — 10% of the offer — equated to 6.5% of the shares in the company). In this scenario, the proceeds of the IPO for the State and the Company would have been reduced by €64.4 million and €32.2 million respectively.

As the share price rose following the offer it was not necessary, in the case of the Aer Lingus IPO, for the stabilising manager to make market purchases in order to stabilise the share price. Consequently, the stabilising manager was unable to use shares bought in the market in stabilising transactions to satisfy the over-allocation and, as a result, was obliged to exercise the greenshoe options described above. The Minister and Aer Lingus were obliged to sell the greenshoe shares to them on the agreed terms. This resulted in the State's shareholding being reduced to 28.3%, which is in line with the Government's intention of maintaining a significant minority shareholding.

Once the greenshoe option had been granted there was no discretionary element on the part of the State in the exercise of the greenshoe after the IPO. The underwriters had contracted to sell shares in the IPO process, which they could not obtain in the market because the price had risen (as frequently occurs after an IPO). To meet their commitments, they had to exercise their options (granted pre-IPO for that purpose and in anticipation of a price increase post-IPO) and the Minister and Aer Lingus had to make the shares available to them. All of this is quite normal and in accordance with established IPO procedures.

Legally, stabilisation cannot be carried out for greater than 30 days after the announcement of the IPO offer price. In a situation where the share price is significantly above the issue price and trading well, it is open to the stabilising manager to call on the over allotment option at any time before the end of the 30 day period and end stabilisation. Exercising the option shortly after the flotation sends a strong signal to the market that the stock is performing well and there is no requirement for the stock to be stabilised by the stabilising manager.

In the light of the explanation set out above the answer to the points raised by the Deputy are as follows:

On the day that the greenshoe options were exercised (i.e. 3rd October 2006), no additional shares belonging to the State (or newly issued shares by Aer Lingus) were allocated to investors. All allocations to investors had already taken place at the time of the IPO, and the greenshoe option exercise was merely used to satisfy the short position created by these over-allocations. Any assumption therefore that the reduction in the State's shareholding from 34.8% to 28.3% that took effect on the exercise of the greenshoe was as a result of additional shares being released to the market is therefore incorrect.

The decision to exercise the greenshoe options was taken by the stabilising manager on behalf of the underwriters once it was clear that the shares were trading consistently above the offer price. My Department was informed of the decision to exercise the greenshoe in advance.

Light Rail Project.

Róisín Shortall

Ceist:

259 Ms Shortall asked the Minister for Transport the amount of State funding spent on the development of the LUAS smart card; and if he will make a statement on the matter. [33599/06]

The amount of State funding spent on the development of the LUAS smartcard is €1.33million.

The smart ticketing system on the LUAS is one of the elements now in place for a full smart card based integrated ticketing system for the Greater Dublin Area.

Inland Waterways.

Willie Penrose

Ceist:

260 Mr. Penrose asked the Minister for Community, Rural and Gaeltacht Affairs if a feasibility study has been undertaken by his Department in relation to the reopening of the Glasson Canal adjacent to Glasson Village, Athlone, County Westmeath; if so the results of same; if it is proposed to take steps to promote the reopening of this stretch of canal; and if he will make a statement on the matter. [33304/06]

Waterways Ireland informed me that it is continuing to investigate the feasibility of constructing a new waterway link between Glasson Village and Killinure Lough which leads into Lough Ree. To this end Waterways Ireland has now commissioned an Environmental Impact Assessment, the results of which are anticipated by Summer 2007.

Any future steps in the matter will depend, inter alia, on the outcome of this assessment and on the outcome of the deliberations on the next National Development Plan (2007 — 2013). The Deputy will appreciate that I am not in a position to pre-empt the content of the Plan or make any public comment on specific projects which might fall for consideration at this stage.

Community Development.

Willie Penrose

Ceist:

261 Mr. Penrose asked the Minister for Community, Rural and Gaeltacht Affairs if funds will be made available to a community centre (details supplied) which caters for a significant number of people on an inclusive basis, for the provision of a lift, to make the centre wheelchair accessible for the personnel using same; and if he will make a statement on the matter. [33305/06]

I cannot respond categorically to the Deputy, as my Department has not received an application for funding from the group in question. It is possible that the group might qualify for funding under the Programme of Grants for Locally based Voluntary and Community Organisations, which is operated by my Department. I should stress that until an application is received and can be assessed, I cannot be certain that the group would qualify for funding under this programme.

They may wish to consult my Departments website —www.pobail.ie — for further information or contact my Department’s offices in Tubbercurry at telephone (071) 9186759, 9186761, 9186762, or 9186763.

Inland Waterways.

Willie Penrose

Ceist:

262 Mr. Penrose asked the Minister for Community, Rural and Gaeltacht Affairs the steps he will take to have the correspondence to Waterways Ireland (details supplied) replied to; and if he will make a statement on the matter. [33306/06]

I understand that the issue in the Deputy's correspondence relates to a proposed purchase of property by Waterways Ireland, and that Waterways Ireland are hoping to have the matter resolved at the earliest possible opportunity. A reply along these lines was issued by Waterways Ireland on 13th October 2006.

Community Development.

Pat Carey

Ceist:

263 Mr. Carey asked the Minister for Community, Rural and Gaeltacht Affairs if he has had an opportunity to review an application (details supplied) taking account of the extenuating circumstances in the case; and if he will make a statement on the matter. [33326/06]

In the context of the broad programme of measures in support of volunteering which I announced last year, cohesion funding was made available during 2005 to promote volunteering at a local level. In common with other local authority areas, Dublin City Development Board co-ordinated and facilitated the process at local level. Dublin City Development Board received a total of 71 applications for funding under the volunteering measure, including an application from the organisation in question. However, this application was not among the proposals which were prioritised by Dublin City Development Board and ultimately submitted to my Department.

Grant Payments.

Phil Hogan

Ceist:

264 Mr. Hogan asked the Minister for Agriculture and Food when a decision will be made on an appeal of the decision to refuse an application by a person (details supplied) in County Kilkenny under the national reserve for a single farm payment; and if she will make a statement on the matter. [33299/06]

The person named submitted an application for an allocation of entitlements from the 2005 Single Payment Scheme National Reserve under Category D. This category caters for farmers who purchased or inherited land and who commenced farming after 31 December 2002 or who commenced farming in 2002 but who received no direct payments in respect of that scheme year. The person named was not successful under this category as the land acquired was leased land which does not qualify for this category. This decision has now been appealed to the Independent Single Payment Appeals Committee who will carry out a full review of the case and will correspond directly with the person named following the outcome of their review.

However, in the 2006 National Reserve there are provisions for New Entrants to farming who have leased land. This category (Category B) caters for farmers who commenced farming after 31 December 2002 or who, while farming during 2002, did not receive any direct payments in respect of that year. The income and educational qualification that applied in 2005 will again apply to this category. In addition, new entrants who are farming leased / rented land will be eligible for an allocation provided they can demonstrate a genuine commitment to farming. In this context the leased/rented land must have been declared on the 2004 Area Aid application and on the 2005 and 2006 Single Payment Scheme applications.

My Department has forwarded a 2006 National Reserve application form to the person named for his attention. Should the person named feel that he qualifies for the 2006 National Reserve, he should return the completed application form to my Department's offices in Portlaoise on or before the closing date of 20 October 2006.

Phil Hogan

Ceist:

265 Mr. Hogan asked the Minister for Agriculture and Food when a single farm payment will be granted to a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [33300/06]

The person named has established 38.03 entitlements under the Single Payment Scheme at a net unit value of €68.50 each. An application under the 2006 Single Payment Scheme was received from the person named by my Department on 5 April 2006. Following processing of the application, the 50% advance payment, amounting to €1,250.43, issued to the applicant on 16 October 2006. My Department will commence making balancing payments on 1 December 2006.

Marian Harkin

Ceist:

266 Ms Harkin asked the Minister for Agriculture and Food the amount of unused single farm payments in 2005; and if she will make a statement on the matter. [33301/06]

My Department is continuing to make payments under the 2005 Single Payment Scheme as applications are processed to finality. In most instances, the payments involved are in addition to the main payment received by the applicants. These additional payments arise following the transfer of entitlements by way of inheritance, Private Contract Clause (purchase or lease of lands and entitlements) and name changes to the holder of the herd number.

Ireland's national ceiling for the 2005 Single Payment Schemes is €1,260 million. This figure is reduced to €1,222 million after the mandatory 3% modulation reduction of €38 million. To date, payments amounting to €1,179 million have been paid to applicants under the 2005 Single Payment Scheme. In addition, refunds of modulated funds of €14.2 million have been paid to farmers bringing the total payments to date under the 2005 Single Payment Scheme to more than €1,193 million.

Payments as of now unused fall into a number of categories as follows:

farmers, who did not receive their full Single Payment, as they did not declare sufficient land in 2005; many of these farmers have declared additional land in 2006 — €13.6 million

farmers, who submitted a 2005 SPS application to activate entitlements only and who are not entitled to payment as they were not farming in 2005 — it is open to these farmers or their successors to draw down these payments under 2006 or 2007 schemes — €7.3 million

farmers, who did not submit a 2005 SPS application — these entitlements will be surrendered to the National Reserve unless a valid application from a 2005 Single Payment applicant for the transfer of these entitlements — €8.1 million is approved;

Further payments will be made in the case of the following categories of applicants;

farmers, who inherited lands and entitlements where the supporting documentation is still outstanding;

other complicated cases where lands were exchanged between family members or where the holder of the herd number was changed.

applicants for new, additional or topped-up entitlements from the National Reserve (in most cases additional documentation or information is required before the application can be processed) or the application has to be assessed under the complex anti-accumulation rules provided for in the EU Regulations.

Veterinary Practitioners.

Denis Naughten

Ceist:

267 Mr. Naughten asked the Minister for Agriculture and Food if her attention has been drawn to the concerns being expressed by veterinary students in University College Dublin regarding accreditation with the American Veterinary Medicine Association; if she will discuss the issue with the veterinary council; and if she will make a statement on the matter. [33445/06]

Under the Veterinary Practice Act 2005, it is the statutory responsibility of the Veterinary Council of Ireland to specify and keep under review the programmes of education required for the practice of veterinary medicine in Ireland. The Council is also charged with the responsibility of ensuring that the Irish veterinary practitioner qualification meets the standard required in order to enjoy mutual recognition within the EU. The Act also enables the Council to enter into mutual recognition agreements with 3rd Countries. Accordingly, the matters referred to by the Deputy are appropriate to be dealt with by the Council and the College concerned.

Live Exports.

Seán Ó Fearghaíl

Ceist:

268 Mr. Ó Fearghaíl asked the Minister for Agriculture and Food her views on the status of the live cattle export trade during 2005 and 2006; and if she will make a statement on the matter. [33446/06]

Live exports continue to be an important outlet for our cattle, providing an essential element of competition with the beef trade. Total exports amounted to 185,267 in 2005, which represented an increase of over 40% on the preceding year. 2006 has seen a continuation of this strong performance. Exports for the first nine months of 2006, at 198,344, were over 45% ahead of the same period last year.

The decline in livestock production in the EU while consumption remains strong has led to increased demand for Irish cattle, and it is into this market that most of our live cattle exports go.

Sport Horse Industry.

Seán Ó Fearghaíl

Ceist:

269 Mr. Ó Fearghaíl asked the Minister for Agriculture and Food her views on the development on the sport horse industry; the methods being employed by her Department to promote this industry; and if she will make a statement on the matter. [33449/06]

The development of the sport horse industry has been largely the responsibility of the Irish Horse Board since its inception in 1993. In co-operation with the Board my Department provides a wide range of horse breeding improvement grants from NDP funds, which are focused on quality, to encourage farmers to breed marketable non-thoroughbreds including Irish Draughts, Irish Sport Horses, Piebald and Skewbald Horses, Kerry Bog, Connemara and other ponies. Funds have also been provided for the marketing and promotion of such horses and for the development of the sport horse sector. My Department has significantly increased its level of financial and other supports to the sport horse industry in recent years. Between 2000 and 2005 in excess of €6 million has been expended directly on the sport horse sector. An implementation group was established last year by my colleague, Minister O'Donoghue following consultation with me, to establish a new structure for a new National Governing Body for sport horses in Ireland. This new body, to be known as Horse Sport Ireland, will include representatives from all aspects of the sport horse sector and will be established shortly. I believe this will strengthen the sport horse sector, bringing a new common purpose to future development and will lead to greater organizational efficiencies within the sport horse sector resulting in an enhancement of Ireland's standing in the sport.

Organic Farming.

Seán Ó Fearghaíl

Ceist:

270 Mr. Ó Fearghaíl asked the Minister for Agriculture and Food her views on the organic farming sector; the methods being used by her Department to promote this sector; the future she envisages for farmers involved in this type of enterprise; and if she will make a statement on the matter. [33450/06]

I am strongly committed to the development of the organic sector in Ireland. The Department of Agriculture and Food already provides substantial financial supports for organic producers, through the Rural Environment Protection Scheme (REPS) and the Scheme of Grant Aid for the development of the organic sector. Since REPS began in 1994, it has delivered some €37 million to the sector. The new Rural Development Programme for the period 2007-2013 will build on the success of REPS by including measures designed particularly to encourage development in the organic tillage and horticulture areas. It is proposed, for example, to allow organic farmers to obtain organic support payments without having to be in the REPS Scheme. Special investment aid is also available for organic farmers and processors under the Scheme of Grant Aid for the Development of the Organic Sector, which supports investment both on-farm and off-farm. For on-farm investments, grant aid can be given for 40% of the cost up to a maximum grant of over €50,000. For off-farm investments, the maximum grant is over €500,000.

A lack of technical expertise has been recognised as a barrier to progress in the organic tillage and horticultural areas. To address this information deficit, my Department, in conjunction with Teagasc, arranged this year to bring in two specialist agronomists, on a pilot basis, from the UK. Through farm visits and workshops, they shared their experiences with producers and this has been of immense value. Another successful initiative has been the demonstration farm programme. It continued during 2006 and a total of 13 farms were used throughout the country to promote organic farming systems. My Department will continue to expand and improve this programme which is a major instrument in encouraging conventional growers to switch to organic.

Substantial progress has also been made on the implementation of the recommendations in the Organic Development Committee report, published in 2002. The three additional structures recommended are now into their second three-year terms. The National Steering Group advises me on all policy issues relating to the sector. The Steering Group is supported by two sub-Groups, the Partnership Expert Working Group and the Organic Market Development Group. The Partnership Expert Working Group is responsible for training, education, advice and research. The Organic Market Development Group has overall responsibility for developing a national marketing strategy for organic food. In this regard Bord Bia, in consultation with the Market Group, has recently produced a three-year Organic Marketing Plan. The objective of the plan is to develop the organic sector in Ireland for existing suppliers and new entrants. Included in the plan is National Organic Week which this year runs from November 6th to 12th. The decoupling of farm payments has established a policy framework in which farmers have the freedom to farm in response to market demands. In this more market-oriented scenario, there is real scope for organic production to expand with the help of the incentives that I have outlined already.

Grant Payments.

John Perry

Ceist:

271 Mr. Perry asked the Minister for Agriculture and Food when allocation of entitlements from the national reserve will be put in place for a person (details supplied) in County Sligo; the reason for the delay in their headage or area based compensation and single farm payment; and if she will make a statement on the matter. [33513/06]

The person named submitted an application for an allocation of entitlements from the 2005 Single Payment Scheme National Reserve under Category B, which caters for farmers who, between 1 January, 2000 and 19 October, 2003 made an investment in production capacity in a farming sector for which a direct payment under Livestock Premia and/or Arable Aid schemes would have been payable during the reference period 2000-02. Investments can include purchase or long term lease of land, purchase of suckler and/or ewe quota or other investments. The person named applied under Category B(i) in relation to purchased/leased land and B(iv) for other investments and has been deemed successful under both categories. The Regulations governing the Single Payment Scheme provide that checks be made to ensure that an allocation from the National Reserve to an applicant who has already benefited under other measures associated with the Single Payment Scheme does not result in double benefit. An applicant may benefit from the measure that is most beneficial. The person named has already benefited from another measure (Force Majeure during the reference period) and an allocation from the Reserve would result in double benefit. Therefore, the force majeure has been rescinded in favour of an allocation from the Reserve which is more beneficial. A formal letter of decision together with relevant payment due will issue shortly to the person named. If the person is dissatisfied with my Department's decision on the National Reserve he will have the opportunity to appeal it to the Independent Single Payment Appeals Committee. An appeal application form is available from any of my Department's offices or on the Department website, www.agriculture.gov.ie. My Department is processing the application form under the 2006 Single Payment Scheme/Disadvantaged Areas Scheme submitted by the person named. The applicant will be informed of the outcome when my Department has dealt with all outstanding issues.

School Transport.

Willie Penrose

Ceist:

272 Mr. Penrose asked the Minister for Education and Science if she will deal with correspondence (details supplied) and ensure that reasonable proposals contained therein are facilitated and put in place in order to accommodate at no additional cost the children concerned; and if she will make a statement on the matter. [33307/06]

My Department has requested the Transport Liaison Officer for County Westmeath to submit a report on the proposals referred to by the Deputy in the details supplied.

Willie Penrose

Ceist:

273 Mr. Penrose asked the Minister for Education and Science the steps she will take to have the correspondence relating to the provision of a school bus ticket for a person (details supplied) in County Westmeath dealt with; and if she will make a statement on the matter. [33308/06]

Under the terms of the Primary School Transport Scheme, only eligible children qualify for free transport. In order to be eligible, children must live 3.2 kilometres or more from, and be attending, their nearest national school. Bus Éireann, which operates the school transport Service on behalf of my Department, has advised that the pupil referred to by the Deputy in the details supplied is not eligible for free transport but may apply for transport on a concessionary fare paying basis. I should also point out that concessionary transport is not guaranteed. Pupils availing of such transport may only do so if spare seats are available on the school buses and this is determined on a term-to-term basis by reference to those who are fully eligible for transport under the terms of the school transport scheme.

Schools Building Projects.

Seamus Healy

Ceist:

274 Mr. Healy asked the Minister for Education and Science when will she be in a position to approve the application by a school (details supplied) in County Tipperary for grant aid under the devolved grant for small schools scheme 2007 and grant aid for the summer works scheme 2007 for the building of a boundary wall; and if she will make a statement on the matter. [33309/06]

I can confirm to the Deputy that the Department is in receipt of an application for both the Summer Works Scheme 2007 and the Small Schools Scheme 2007 from the management authority of the school to which the Deputy refers. As indicated in the circulars governing these schemes, it is intended to publish the list of successful applicants before the end of theyear.

School Transport.

Jim O'Keeffe

Ceist:

275 Mr. J. O’Keeffe asked the Minister for Education and Science the reason a pupil who lives in an area where a school was closed 30 years ago is now denied school transport to the school which is now the nearest to the pupil; and if she will take steps to change this anomaly. [33310/06]

Under my Department's Primary School Transport Scheme a pupil is eligible for school transport if he or she resides 3.2 kilometres or more, and is attending, his or her nearest suitable national school as determined by my Department. However, a pupil residing in a closed school area, such as the pupil in question, may be deemed eligible for transport to the school of amalgamation only.

John Dennehy

Ceist:

276 Mr. Dennehy asked the Minister for Education and Science if her attention has been drawn to the case of persons (details supplied) in County Cork who have been refused school transport for their child; and if she will make a statement on the matter. [33311/06]

My Department is examining a recent report received from the Transport Liaison Officer for Cork City regarding the case referred to by the Deputy. My Department will communicate with the Transport Liaison Officer as soon as the case has been re-assessed.

Grant Payments.

Finian McGrath

Ceist:

277 Mr. F. McGrath asked the Minister for Education and Science the details of the annual grants paid to second level schools including details of minimum or maximum limits attaching to each grant; the dates during the past five years on which each grant was awarded by her Department to schools; the rate at which each grant was awarded in each of the past five years; the overall total expended by her Department on each grant in each of the past five years; and if she will make a statement on the matter. [33312/06]

The funding arrangements made by my Department for second level schools reflect the sectoral division of our second level system. At the core of all arrangements is a reliance upon capitation as the principle determinant of funding. All schools submit a return of pupil enrolments based on the number attending as at 30th September each year and capitation payments are based on this. Considerable flexibility in the use of these resources is provided to schools thus allowing them to prioritise expenditures, as appropriate. Since 2000, the standard per capita and support services grant has been increased for voluntary secondary schools as set out in the tables which follow this response. In addition, individual schools may be eligible for grants ranging from school book grants, curricular support grants such as for Transition Year and Leaving Certificate Applied, etc. The extent of information requested by the Deputy is not readily available in my Department and would involve an inordinate amount of administrative time to compile.

Per Capita Grants to secondary schools

(i) Standard Per Capita Grant rates

Date

Rate

1 January 1995

209.50

1 January 1996

224.70

1 September 1999

233.60

1 September 2000

243.80

1 September 2001

256.50

1 September 2002

266.00

1 January 2004

274.00

1 January 2005

286.00

1 January 2006

298.00

(ii) School Services Support grant rates

The School Services Support fund was established in September 2000. The fund is linked to school size and is in addition to all existing funding arrangements. The per capita rates have been increased for voluntary secondary schools, as follows:

Date

Rate

1 September 2000

25.39

1 September 2001

63.49

1 September 2002

88.88

1 September 2002

116.88

1 January 2003

127.00

1 January 2004

131.00

1 January 2005

145.00

1 January 2006

159.00

Special Educational Needs.

Billy Timmins

Ceist:

278 Mr. Timmins asked the Minister for Education and Science the position in relation to groups (details supplied) in County Wicklow who have submitted an application to her Department and the Health Service Executive for full State recognition and appropriate funding for a centre of education for children in County Wicklow with autistic spectrum disorders; if this will be sanctioned as a matter of urgency; and if she will make a statement on the matter. [33313/06]

The Deputy will be aware of my commitment to ensuring that all children, including those with autism, receive an education appropriate to their needs, preferably through the primary and post primary school network. My Department supports an eclectic approach to the education of children with autism where a range of teaching methods can be applied specific to the needs of individual pupils. The Deputy will be familiar with the variety of current provision in this regard which includes pre-school classes for children with autism, special classes for children with autism attached to special schools and mainstream schools, special classes for Asperger's syndrome plus a range of supports for pupils with autism integrated in mainstream classes. A pilot scheme facilitated the establishment of 12 specific autism units nationwide and an application from the group referred to by the Deputy is currently under consideration.

Schools Building Projects.

Fergus O'Dowd

Ceist:

279 Mr. O’Dowd asked the Minister for Education and Science the plans she has for post primary education and the provision of new schools and extensions to existing post primary schools in County Louth; and if she will make a statement on the matter. [33314/06]

Fergus O'Dowd

Ceist:

280 Mr. O’Dowd asked the Minister for Education and Science the plans she has for primary education and the provision of new schools and extensions to existing primary schools in County Louth. [33315/06]

I propose to take Questions Nos. 279 and 280 together.

The Department is aware that the population of County Louth continues to increase and this is causing some strain on existing educational infrastructure. However, it has undertaken a number of significant measures to address the current and future need for pupil places in the area at primary and post primary level. At primary level these include the recent provision of extensions at Walshestown NS, Tullyallen NS, Scoil Mhuire in Muchgrange and Scoil Mhuire Gan Smál in Cartown. In addition a new 32 classroom school has been approved for Drogheda and major extensions have been approved for Ardee Monastery NS, Scoil Mhuire na nGael, Dundalk and St. Buite's NS, Tenure. Smaller extensions have been approved for St. Maolmhaodhagh NS, Dundalk and St Ita's Special School in Drogheda. A new school building has also been approved for Mell NS, Drogheda. It is also proposed to provide a new 16 classroom school for Le Chéile in Drogheda. At post primary level an extension to Scoil Uí Mhuire, Dunleer is under construction and extension projects at Drogheda Grammar School and Dundalk Grammar School are in architectural planning. The Department is also examining applications for extensions at Bush Post-Primary School; Coláiste Rís Dundalk; St. Vincent's Secondary School, Dundalk; Our Lady's College Greenhills; Sacred Heart Secondary School, Drogheda; St. Joseph's CBS, Drogheda; and St. Mary's Diocesan School, Drogheda.

The Department has had discussions with Louth County Council which has appointed consultants to draw up a master plan for 3 new residential neighbourhoods as identified under the Local Area Plan for the North Drogheda Environs in 2004. The Department received draft working papers on the planning strategy for this master plan and officials subsequently met with the local authority to discuss the plan. Following this, the Department corresponded with the local authority outlining its initial assessment of educational requirements at both primary and post-primary level for the area based on a proposal in the plan to deliver up to 7,500 new houses over the next 10-15 years.

The Department also received correspondence from Dundalk Town Council with regard to a proposed development plan for the South West Sector of Dundalk. This correspondence outlined proposals for the development of 3 areas of residential development comprising some 7,300 units. As a result the Department outlined its initial assessment of educational requirements for this area based on the proposed development. The next stage in this process is the preparation of a draft development plan by the local authority which the Department will be commenting on when available. Apart from this, as the Deputy will also be aware, a new school planning model involving published area development plans is being piloted in five areas throughout the country. Drogheda is included in the pilot scheme as part of an overall plan for the North Dublin/East Meath and South Louth area. The need for additional primary and post-primary schools in the area will be further considered in this context. I hope to be in a position to publish the draft plan in question shortly.

Decentralisation Programme.

Aengus Ó Snodaigh

Ceist:

281 Aengus Ó Snodaigh asked the Minister for Education and Science the steps which have been taken in the past twelve months to give effect to the relocation of Departmental staff to Athlone and Mullingar; the timeframe of the intended relocation; if there will be an advance group from the various sections of her Department; and the way they will be selected. [33316/06]

Aengus Ó Snodaigh

Ceist:

282 Aengus Ó Snodaigh asked the Minister for Education and Science the number of staff in her Department who have expressed a willingness to move to Athlone and Mullingar; the way she will achieve the stated objective of the Government to relocate the whole Department; and when it is intended to relocate those happy to move. [33317/06]

I propose to take Questions Nos. 281 and 282 together.

The latest report of the Decentralisation Implementation Group, which was published earlier this month, gives indicative construction completion dates of the second quarter of 2008 and the first quarter of 2009 for Athlone and Mullingar respectively. No decisions have been made regarding advance parties of volunteers to either Mullingar or Athlone. To date, 58 staff in my Department have accepted offers of decentralisation to Mullingar and 33 have accepted offers for Athlone. To date, 53 volunteers have been assigned to posts in Dublin decentralising to Mullingar and 28 volunteers have been assigned to posts decentralising to Athlone. Further offers of decentralisation have been accepted, with the staff yet to be assigned, some of whom are currently working outside Dublin and will be assigned closer to decentralisation to minimise the need to commute daily to Dublin. The process of making decentralisation offers continues as trawls of the Central Applications Facility yield late applicants or those changing their choice of locations to Athlone or Mullingar.

Aengus Ó Snodaigh

Ceist:

283 Aengus Ó Snodaigh asked the Minister for Education and Science the plans in relation to the staff within her Department who have not expressed an interest in relocating to Athlone and Mullingar; the way in which their expertise and experience will be retained for the Department. [33318/06]

Staff in my Department who do not wish to decentralise to Athlone or Mullingar have the option of either applying under the Central Applications Facility to decentralise to another Department or Office or to apply under the Dublin Arrangements to transfer to a vacancy in a Department or Office remaining in Dublin. In 2005, my Department's Decentralisation Committee had a series of meetings with sections scheduled to decentralise to Athlone. The purpose of the meetings was to increase knowledge and awareness of the decentralisation programme, including outlining indicative timeframes and to discuss ways in which sections should start preparing for decentralisation. The 2006 business planning process was used to assess sections' preparedness for decentralisation in terms of records management and the availability of job guides. Many sections indicated that they already had prepared job guides for critical areas of work.

Staff in my Department's Change Management Unit have undergone specialist training in process mapping to support preparations for decentralisation. In 2006, an additional Assistant Principal Officer was assigned to the Change Management Unit to support business continuity throughout the Department, with an initial focus on those sections in my Department scheduled to move to Athlone. Following consultation with those sections, a template for job guides and business processes has been agreed. This will facilitate the development of job guides for those remaining areas of work which have not been documented. The business planning process introduced under the Strategic Management Initiative ensures that all sections within my Department have a business plan, which identifies the priority areas of work and staff responsible. Role profile forms identify the role and function of each officer in my Department, greatly facilitating the transfer of staff and of work. In addition, my Department has been updating its reference guides under sections 15 and 16 of the Freedom of Information Act.

School Transport.

Breeda Moynihan-Cronin

Ceist:

284 Ms B. Moynihan-Cronin asked the Minister for Education and Science the situation as to who is entitled to the 20% daily rate grant aid available to owners of school buses over 10 years old to enable them to upgrade their vehicles; the reason applicants who applied for such upgrade grants were advised that minibuses are not eligible; the guidelines for grant aid; and if she will make a statement on the matter. [33319/06]

In general, larger buses tend to be older than minibuses, and the rate of grant payable is intended to encourage the owners of such older vehicles to acquire more modern replacements. The replacement vehicles must be equipped with manufacturer-fitted seat belts, or with safety belt anchorage points by the vehicle manufacturer to which type-approved belts have subsequently been installed. The fittings must conform to the standards contained in the guidelines published by the Department of Transport for the installation of safety belts. At this stage, the vast majority of vehicles operating under the school transport schemes are already fitted with safety belts and I expect that the remaining vehicles will be so fitted by the target date of the end of next December.

School Staffing.

Denis Naughten

Ceist:

285 Mr. Naughten asked the Minister for Education and Science her views on correspondence (details supplied); and if she will make a statement on the matter. [33327/06]

Teacher allocations to second level schools are approved annually by my Department in accordance with established rules based on recognised pupil enrolment. Each school management authority is required to organise its timetable and subject options having regard to pupils' needs within the limit of its approved teacher allocation. The rules for allocating teaching resources provide that if a school management authority is unable to meet its curricular commitments within its approved allocation, my Department will consider applications for additional short term support i.e. curricular concessions. An application for curricular concessions was received and Ballinamore Post Primary School was allocated 0.45 wholetime equivalent teacher post. An independent appeals mechanism is available to school authorities who wish to appeal the adequacy of their teacher allocation. Ballinamore Post Primary School availed of this appeals mechanism and was allocated a further 0.55 wholetime equivalent teacher post. The decision of the Appeals Committee is final. As the Appeals Committee operates independently of my Department in taking its decisions, you will appreciate that it would not be appropriate to intervene in any such decision. 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. Following a re-advertisement for possible sites, a number of new proposals were received. All site options have been examined by the OPW. My Department is awaiting clarification from OPW on a number of issues relating to the site proposals.

School Transport.

Eamon Ryan

Ceist:

286 Mr. Eamon Ryan asked the Minister for Education and Science the purchases by the State for buses to be used in the school bus scheme for each year from 1990 to date in 2006; the value of each contract and number of buses and the company of person that was involved in each case. [33328/06]

My Department has requested Bus Éireann to provide the relevant details and will write to the Deputy as soon as the information is received.

Schools Building Projects.

Paul McGrath

Ceist:

287 Mr. P. McGrath asked the Minister for Education and Science the situation regarding the proposed extension to a school (details supplied) in County Westmeath; if her attention has been drawn to the high level of development in this area and the associated demand for school places; if she will review this area and put the school on the priority list for expansion; and if she will make a statement on the matter. [33336/06]

I can confirm to the Deputy that the Department is in receipt of an application for major capital funding from the school to which the Deputy refers. The application has been assessed in accordance with the published prioritisation criteria for large scale projects and has been assigned a Band 2 rating. Progress on the proposed works is being considered in the context of the School Building and Modernisation Programme from 2007 onwards. In the meantime the school authority has been given approval to rent two temporary classrooms to cater for its immediate needs.

School Transport.

Marian Harkin

Ceist:

288 Ms Harkin asked the Minister for Education and Science her views on issuing concessionary tickets to pupils of a school (details supplied) in County Leitrim; and if she will make a statement on the matter. [33337/06]

Under the terms of the Primary School Transport Scheme, only eligible children qualify for free transport. In order to be eligible, children must live 3.2 kilometres or more from, and be attending, their nearest national school. Bus Éireann, which operates the school transport Service on behalf of my Department, has advised that the pupils referred to by the Deputy in the details supplied are not eligible for free transport but may apply for transport on a concessionary fare paying basis. I should point out that concessionary transport is not guaranteed. Pupils availing of such transport may only do so if spare seats are available on the school buses and this is determined on a term-to-term basis by reference to those who are fully eligible for transport under the terms of the school transport scheme.

School Accommodation.

Tony Gregory

Ceist:

289 Mr. Gregory asked the Minister for Education and Science her views on the request from a school (details supplied) in Dublin for additional accommodation; if her Department will explore the possible use and acquisition of the premises of the Central Fisheries Board which is due to become vacant and is adjacent to the school building; and if she will make a statement on the matter. [33451/06]

Tony Gregory

Ceist:

290 Mr. Gregory asked the Minister for Education and Science if she will give further consideration to the issue of permanent recognition for a school (details supplied) in view of the current school enrolment of 151 pupils and the waiting list of 169; and if she will make a statement on the matter. [33452/06]

I propose to take Questions Nos. 289 and 290 together.

The school to which the Deputy refers commenced operation in September 2002 with provisional recognition from the Department on the basis that it would be providing multi-denominational education in the Clontarf/Marino/Fairview area of Dublin.

It is a condition of recognition that the Patron must provide suitable accommodation in the stated area which must be capable of meeting the growing needs of the school. Accommodation remains the Patron's responsibility until the Department is in a position to provide permanent accommodation, assuming the school achieves permanent recognition.

In this case, the promoters were unable to find suitable accommodation in the area that it had intended to serve. Instead, it set itself up, as a temporary measure, in a vacated school building in Dublin 9, an area already providing multi-denominational education by two other schools.

Four main areas are examined in determining permanent recognition. These are whether or not:

1. The school is operating under the Rules for National Schools.

2. The school has determined viability in terms of enrolment.

3. The school's accommodation is deemed suitable to meet its needs for the short/medium term or until the Department is in a position to provide permanent accommodation.

4. The school is meeting a need which is not already being met by existing schools.

While the Department accepts that the school in question has satisfied the first two criteria, it is not satisfied that it has met the third and fourth, although the fourth is the overriding issue, given that the area concerned is already served by 2 multi-denominational schools — both of which have permanent recognition and one of which is based in permanent accommodation. Normally, ahead of making new provision of a similar type in an area, the Department, as a matter of policy, seeks to maximise existing provision to reduce the burden on the State of resourcing a proliferation of small schools. In the context of the extent of multi-denominational provision in the area concerned, it is incumbent on the Department to strategically examine this provision to determine long term requirements and how these should best be addressed. The Department is carrying out this assessment which will be completed as quickly as possible.

As already stated, the sourcing of permanent accommodation does not arise until a school receives permanent recognition. However, in relation to the Central Fisheries Board premises, the Department will be discussing the issue of the future use of the property in question with the Office of Public Works to see if it has any potential for development as education infrastructure.

Schools Building Projects.

Liam Aylward

Ceist:

291 Mr. Aylward asked the Minister for Education and Science if she will arrange a site assessment for the provision of an extension to a national school (details supplied) in County Kilkenny to allow the project proceed to design stage; and if she will make a statement on the matter. [33502/06]

I can confirm to the Deputy that the Department is in receipt of an application for major capital works from the management authority of the school to which the Deputy refers. The application has been assessed in accordance with the published prioritisation criteria for large scale projects and has been assigned a Band 2 rating. The long term projected enrolment, which will determine the level of accommodation needed at the school, is currently being examined. Once this is agreed and, consistent with its band rating, the school will be scheduled for a site visit. Progress on the proposed works will then be considered in the context of the Schools Building and Modernisation Programme from 2007 onwards.

Home Tuition.

Jerry Cowley

Ceist:

292 Dr. Cowley asked the Minister for Education and Science the reason a person (details supplied) in receipt of home tuition for the past four years has lost these hours; her views on whether this person needs these hours reinstated; and if she will make a statement on the matter. [33581/06]

Michael Ring

Ceist:

294 Mr. Ring asked the Minister for Education and Science the help available for a person (details supplied) in County Mayo in view of the fact that they are in junior certificate year and were given two hours’ home tuition previously but this has ceased; if he will re-examine this issue; and if she will make a statement on the matter. [33583/06]

I propose to take Questions Nos. 292 and 294 together.

The home tuition scheme is designed to provide compensatory instruction for pupils with medical ailments which cause major disruption to their attendance at school on a continuing basis. Home tuition may also be sanctioned where a child cannot attend school at all or is absent for a significant proportion of the school year due to illness.

The hours allocated under the scheme reflect the level of absence of the applicant.

The application in question was not granted as the pupil had a satisfactory attendance record during the 2005/06 school year. The matter may be reconsidered in light of any unsatisfactory attendance during the current school year.

Higher Education Grants.

Joe Higgins

Ceist:

293 Mr. J. Higgins asked the Minister for Education and Science if she will increase the income level for eligibility for third level grants in order that a couple who each earn the average industrial wage or less would qualify for a grant to send their child to third level education. [33582/06]

This Government has shown a clear determination to dramatically improve the financial support available to those students who need it most.

We introduced a Top Up Grant, which currently benefits over 12,000 students this year. The higher, non-adjacent special rate of maintenance is based on the maximum personal rate of Social Welfare Unemployment Assistance. This year the top up grant was increased by 22.5%. Indeed, with the increases that we have provided in recent years, the maximum amount of grant support available this year (including top-up) is €5,970, compared to just €2,032 in 1996/97. The payment rates for the ordinary maintenance grants have also been increased in recent years.

In relation to the reckonable income limits under the maintenance grant schemes, the practice in recent years has been to increase the limits at least in line with movements in the average industrial wage in the previous year in the reference period (September to September). This year, an increase of 5.3% was approved, in the reckonable income limits for the 2006/2007 academic year, as has the allowance by which the income limits may be increased for each dependant where two or more children are in further or higher education. This increase was ahead of the 3.2% increase in the relevant reference period.

The top income limit has been increased from €44,350 to €46,700 (where there are less than four children). Higher income thresholds than this apply in cases where there are 4 or more dependent children in the family.

The annual income threshold for the special rates of maintenance grant has been increased, in line with the relevant social welfare payments by over 7%.

Over €228 million has been allocated for third level maintenance grants in 2006.

This Government is committed to ongoing improvements in the student support schemes, including increasing the value of maintenance grants and increasing the income limits, as resources permit.

Question No. 294 answered with QuestionNo. 292.

School Transport.

Michael Ring

Ceist:

295 Mr. Ring asked the Minister for Education and Science the reason school transport, which had been provided to a person (details supplied) in County Mayo, was stopped in 2006; if they are entitled to school transport and the position regarding this case. [33584/06]

Under the terms of the Primary School Transport Scheme, only eligible children qualify for free transport. In order to be eligible, children must live 3.2 kilometres or more from, and be attending, their nearest national school.

Bus Éireann, which operates the school transport Service on behalf of my Department, has advised that the pupil referred to by the Deputy in the details supplied is not eligible for free transport but may apply for transport on a concessionary fare paying basis.

I should also point out that concessionary transport is not guaranteed. Pupils availing of such transport may only do so if spare seats are available on the school buses and this is determined on a term-to-term basis by reference to those who are fully eligible for transport under the terms of the school transport scheme.

Higher Education Grants.

Pat Breen

Ceist:

296 Mr. P. Breen asked the Minister for Education and Science the reason a person (details supplied) in County Clare has not qualified for a higher education grant; and if she will make a statement on the matter. [33585/06]

Officials in my Department have been in contact with officials in County Clare VEC concerning the student referred to by the Deputy.

I understand that the student completed a degree level course in 2004/05 and is commencing his first postgraduate level course in 2006/07, at Masters level, having had a break in studies for a year. I also understand that documentation in respect of the grant application for the Master's course is still outstanding and must be submitted by the student before a decision can be made by the VEC in this case.

Dog Control Statistics.

Róisín Shortall

Ceist:

297 Ms Shortall asked the Minister for the Environment, Heritage and Local Government the number of dogs in 2005 in categories (details supplied) by each local authority. [33580/06]

The dog control statistics for 2005, supplied by local authorities to my Department, are available on my Department's website.

Details of the number of dogs surrendered/collected, re-homed/reclaimed, put to sleep and on hand at 31/12/2005 is set out in the following Table.

Control of Dogs Acts, 1986 and 1992

Area

Surrendered/Collected

Re-Homed/Reclaimed

Put to Sleep

On Hand At 31/12/05

Carlow

37

114

184

0

Cavan

268

99

511

5

Clare

1,828

540

1,535

10

Cork City

294

283

268

0

Cork County

1,129

186

1,018

0

Donegal

665

185

977

7

Dublin City

1,040

1,423

300

12

South Dublin

1,124

867

266

2

Fingal

570

691

178

5

Dún Laoghaire-Rathdown

374

69

314

2

Galway City

322

133

328

0

Galway County

552

92

470

4

Kerry

1,354

154

1,486

13

Kildare

179

42

253

1

Kilkenny

62

123

249

1*

Laois

81

130

296

3

Leitrim

219

372

13

3

Limerick City

24

2

955

0

Limerick County

537

257

1,232

0

Longford

324

80

467

5

Louth

456

398

585

17

Mayo

18

19

267

0

Meath

89

263

225

0

Monaghan

818

395

452

15

North Tipperary

97

37

377

4

Offaly

153

244

232

0

Roscommon

275

191

186

0

Sligo

187

188

139

0

South Tipperary

405

44

898

0

Waterford City and County

80

288

182

3

Westmeath

765

185

653

15

Wexford

649

636

845

12

Wicklow

103

88

205

1

Totals

15,078

8,818

16,546

146

Water and Sewerage Schemes.

Willie Penrose

Ceist:

298 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government if his Department has received an application for funding to provide a sewerage scheme at Glasson Village, Athlone, County Westmeath; if so, the status in relation to same; and if he will make a statement on the matter. [33341/06]

The Glasson/ Ballykeeran/Coosan Sewerage Scheme is included in my Department's Water Services Investment Programme 2005-2007 under the Rural Towns and Villages Initiative at an estimated cost of €3.68m.

My Department approved Westmeath County Council's Preliminary Report for the scheme in June 2004. Certain additional information has been requested from the Council and as soon as this is provided the Council may advance the scheme to construction without any further reference to my Department in accordance with the streamlined procedures I introduced earlier this year to advance progress under the Water Services Investment Programme.

Marian Harkin

Ceist:

299 Ms Harkin asked the Minister for the Environment, Heritage and Local Government if it is Government policy that all new one-off houses in rural areas must have water meters installed; if so, the purpose of their installation; and if he will make a statement on the matter. [33342/06]

Marian Harkin

Ceist:

300 Ms Harkin asked the Minister for the Environment, Heritage and Local Government if it is Government policy that all new houses must have water meters installed; if so, the purpose of their installation; and if he will make a statement on the matter. [33343/06]

Marian Harkin

Ceist:

301 Ms Harkin asked the Minister for the Environment, Heritage and Local Government if it is Government policy that all new schools must have water meters installed; if so, the purpose of their installation; and if he will make a statement on the matter. [33344/06]

Marian Harkin

Ceist:

302 Ms Harkin asked the Minister for the Environment, Heritage and Local Government if it is Government policy that all schools must have water meters installed; if so, the purpose of their installation; and if he will make a statement on the matter. [33345/06]

Marian Harkin

Ceist:

303 Ms Harkin asked the Minister for the Environment, Heritage and Local Government if it is Government policy that all community centres must have water meters installed; if so, the purpose of their installation; and if he will make a statement on the matter. [33346/06]

Marian Harkin

Ceist:

304 Ms Harkin asked the Minister for the Environment, Heritage and Local Government if it is Government policy that there will be an annual charge on each water meter installed; and if he will make a statement on the matter. [33347/06]

I propose to take Questions Nos. 299 to 304, inclusive, together.

The Water Framework Directive requires water providers to recover the cost of providing water services from all non-domestic users of these services, by means of a meter based volumetric charge to ensure water charging of users according to actual consumption.

My Department is aware that local authorities may, in particular circumstances, meter domestic water usage and that some authorities may require the installation of a water meter as a condition of a grant of planning permission. This is for the purpose of assisting water management and conservation measures. It is not connected to domestic water charges since there is a statutory prohibition on the charging of households for domestic water services.

In the case of domestic water supply provided by way of a private group water scheme, the installation of meters on individual connections is a matter for the group scheme management to decide. Groups are eligible for an annual subsidy from my Department of up to €196.81 per house towards the operational cost of providing domestic water supplies to members. Where meters are installed by a group scheme as an integral part of a network upgrading and water conservation programme, grants of up to 85% of costs are payable, subject to a maximum grant of €300 per meter.

Boundary Alterations.

Jan O'Sullivan

Ceist:

305 Ms O’Sullivan asked the Minister for the Environment, Heritage and Local Government if and when he will set up a commission on boundary extensions for Limerick and Waterford cities under the terms of Sections 55 to 62 of the Local Government Act, 2001; and if he will make a statement on the matter. [33349/06]

The procedures currently governing boundary alterations are set out in Part V of the Local Government Act 1991 and in the Local Government (Boundary Alteration) Regulations 1996. Under these provisions, it is open to a local authority to initiate a proposal for the alteration of its boundaries. This involves preparation of a formal boundary alteration proposal by the authority concerned including financial, organisational and other implications; invitation of public submissions, and consultation with the other local authorities affected by the proposal, prior to submitting a formal application to the Minister.

In light of the desirability of achieving the maximum consensus locally, an exploratory process has been initiated at my request between the Managers of Limerick City and Limerick and Clare County Councils, with officials of my Department, to consider the range of options open to the three Councils in the context of an application by Limerick City Council under the above Act and Regulations. I understand that Waterford City Council are also developing a boundary alteration application under the above legislation.

Part 8 of the Local Government Act 2001 which deals with boundary alterations has not been commenced.

Register of Electors.

Tony Gregory

Ceist:

306 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government if he will confirm that there is no cross checking of information provided on voters’ registration forms; if persons claiming to be at a specific address are accepted without check; if persons claiming to be Irish citizens are accepted without check; if in urban areas enumerators calling to homes fail to get a response in 25% to 30% of cases and in inner city apartment complexes this is higher; if local authorities have no facility for cress checking with RSI numbers or citizenship numbers; and if he will make a statement on the matter. [33455/06]

The compilation and publication of the register of electors is a matter for each local registration authority in accordance with electoral law. It is the duty of local authorities to ensure as far as possible the accuracy and comprehensiveness of the register and their work in this area includes the carrying out of house-to-house enquiries, delivery of registration forms and running local awareness campaigns.

The Electoral Act 1992 provides that local authorities may require individuals to give any information in their possession which the authority needs for the purposes of preparing the register. The Act also provides that local authorities may require individuals to produce documentary evidence, including a birth certificate or a certificate of naturalisation, or to make a statutory declaration regarding their age or citizenship.

In April 2006, I announced a package of measures to assist local authorities in their work on preparing the 2007/8 Register. The measures included the drawing-up of detailed procedures to be followed by local authorities in preparing the next register. The procedures include a provision 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 is to 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.

The use of personal identifying numbers for registration purposes is not provided for under the law governing the use of such numbers, or under electoral law. In addition, in relation to PPS numbers, a total of 5 million numbers have been issued in comparison with the 3.1 million voters on the electoral register. However, I have indicated that I am open to longer-term ideas for electoral reform, including in relation to the register, on a cross-party basis.

Departmental Funding.

John McGuinness

Ceist:

307 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government if it is the policy of his Department to insist on the lowest tender when approving funding for voluntary housing associations; if this policy will be applied in the case of an association (details supplied) in County Laois; and if he will make a statement on the matter. [33587/06]

Capital funding is available through my Department's Capital Assistance Scheme to approved voluntary housing bodies to provide accommodation to meet special housing needs, such as elderly, homeless or persons with disabilities. My Department's involvement with the scheme relates primarily to the provision of funds for individual projects. The administration of the scheme, and the certification that particular projects comply with the terms of the scheme, are the responsibility of the appropriate local authority, in this case Laois County Council.

Approved voluntary housing bodies which undertake projects under my Department's capital funding schemes are required to comply with Government public procurement requirements. It is a matter for the Council to ensure that the tendering and contract award procedures are in accordance with the requirements in this instance.

Derogation Reports.

Ciarán Cuffe

Ceist:

308 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will provide copies of all the reports that Ireland has submitted under Article 16(2) of the Habitats Directive, which provides that, where Member States avail themselves of Article 16(1), they are obliged to forward reports to the Commission every two years on the derogations applied. [33588/06]

A return of relevant derogations, which were given under the provisions of the Wildlife Acts, was made to the European Commission in 2000; I am arranging for a copy to be placed in the Oireachtas Library.

Following legal proceedings by the European Commission, improved provisions in relation to the granting and notification of derogations have been incorporated in the European Communities (Natural Habitats) (Amendment) Regulations 2005.

A list of derogations made under these Regulations is now being prepared by my Department for submission to the Commission by the end of this year.

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