Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Thursday, 1 Mar 2007

Vol. 632 No. 6

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.

Payment Delivery Service.

Emmet Stagg

Ceist:

10 Mr. Stagg asked the Minister for Social and Family Affairs the position regarding the decision of his Department to extend the delivery services contract with An Post. [7918/07]

Following the Government decision in 1999 to extend the An Post contract for the delivery of social welfare payments for a further 3 years, a complaint was lodged with the European Commission alleging that the decision breached Ireland's obligations under:

(a) the competition articles of the EU Treaty, and

(b) Directive 92/50/EU — the Procurement (Services) Directive.

The competition-related complaint was closed in March 2001.

In June 2002 the Commission issued a formal notice of infringement informing Ireland that it was of the view that the Department had failed to fulfil its obligations under European Union public procurement law in deciding to award a further contract to An Post without advertising it to other potential suppliers. My Department, having consulted the Attorney General's office, contested the Commission's view.

In 2003, the Commission referred the case to the Court of Justice. The Netherlands, Denmark, Finland and France joined Ireland's defence to the Commission's application.

The Advocate-General to the European Court of Justice gave an opinion on the case on 14th September 2006 and concurred with the European Commission's view that Ireland had breached EU non-discrimination rules by not publicly advertising the payment delivery service. It is expected that the Court will give its judgement shortly.

No further actions can be taken until the judgement is known. However, recognizing the essential payment delivery service which An Post currently provides for my Department, and pending the judgement from the Court of Justice, An Post continues to provide these services.

Social Welfare Code.

Eamon Gilmore

Ceist:

11 Mr. Gilmore asked the Minister for Social and Family Affairs the number of Irish nationals who have been refused social welfare payments under the two year habitual residence requirement introduced in 2004; the number of persons, other than Irish nationals who have had payments refused on the same grounds; his plans to review or relax the restriction; and if he will make a statement on the matter. [7900/07]

Dinny McGinley

Ceist:

55 Mr. McGinley asked the Minister for Social and Family Affairs his plans to conduct research into the effects of the financial hardship caused to persons and families as a result of being denied payments under the habitual residence condition; and if he will make a statement on the matter. [7976/07]

I propose to take Questions Nos. 11 and 55 together.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1st of May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States without the transitional limitations which were imposed at that time by most of the other Member states.

The question of what is a person's "habitual residence" is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims.

Decisions to the effect that applicants satisfy the habitual residence condition are made in the majority of cases at claim acceptance stage by Deciding Officers. Statistics are not maintained on cases where the decision is positive. Complex cases that require detailed consideration are examined in dedicated units established for that purpose.

For the period from 1 May 2004 to 31 January 2007, the number of these complex cases decided was 47,265. The number of applications decided in respect of Irish citizens was 12,112, of which 1,258 (10%) were disallowed. The number of cases decided in respect of persons other than Irish nationals was 35,123 of which 10,083 (29%) were disallowed.

Each case received for a determination on the Habitual Residence Condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of a Deciding Officer has the right to appeal to the Social Welfare Appeals Office.

A person who fails to satisfy the habitual residence condition and is suffering financial hardship may apply to the Health Service Executive for an Emergency Needs Payment under the supplementary welfare allowance scheme. Such payments are not subject to the habitual residence condition. Persons who do not have any means of support may also be assisted to travel back to their home country by the Reception and Integration Agency.

Nationals of the European Economic Area (EEA) who take up employment in the State are protected under the EU Regulations governing social security for migrant workers. Migrant workers from outside the EEA qualify for social insurance benefits in respect of the unexpired part of their work permits if they satisfy the normal qualifying conditions. The habitual residence condition does not apply in these cases. Such workers may also satisfy the habitual residence condition for receipt of social assistance payments and child benefit.

The reason for the introduction of the habitual residence condition in May 2004 was to ensure that persons who have not worked in Ireland or who have not established habitual residence should not avail of assistance schemes or child benefit. The operation of the condition was reviewed by my Department in 2006. Following on from that, the operational guidelines for the scheme are currently being revised to ensure consistency in the application of the condition and to take account of the variety of individual situations which can arise. However, it is not proposed to introduce any changes to the current policy.

The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when they need it. I have no plans to conduct further research on the application of the habitual residence condition at this time.

Pension Provisions.

Eamon Ryan

Ceist:

12 Mr. Eamon Ryan asked the Minister for Social and Family Affairs if will make amendments to current legislation and deliver new guidelines in order to protect existing defined benefit pension schemes and to protect workers from sudden changes in pension arrangements. [2723/07]

The provision of occupational pensions in Ireland is on a voluntary basis and depends on the willingness of employers to contribute to and maintain schemes for their employees. Traditionally, such schemes were organised on a defined benefit basis. However, in recent years defined benefit (DB) provision has been under significant cost pressure because of volatility in the stock markets and increasing liabilities arising from demographic pressures, low interest rates, increasing wage costs that translate into higher benefits, and regulatory requirements. The reporting requirements of the accounting standard FRS 17 mean that the asset and liability position of pension schemes is made transparent on the balance sheet of a company and this in turn has also influenced the view employers take of DB provision.

The funding standard under Part IV of the Pensions Act 1990, which applies to funded DB occupational pension schemes, is designed to ensure that, if a funded DB scheme winds up, there are sufficient assets to meet the liabilities at that point in time. The Act requires the trustees of DB schemes to submit to the Pensions Board an Actuarial Funding Certificate (AFC), every 3 years, to certify that the scheme meets the statutory funding standard. Where a scheme does not meet the funding standard a funding proposal, to restore the scheme to full funding, must be submitted to the Pensions Board designed to ensure a return to full funding within 3 years.

In recent years, following a review of the Funding Standard by the Pensions Board in 2004, legislative measures have been introduced to alleviate the funding pressure some schemes are under, due to investment losses and the liability side of pensions. The measures provide that, where a scheme's funding difficulties are due to investment losses or difficulties on the liability side of the fund, a recovery plan may be effected over a longer period of up to 10 years. The Pensions Board, in consultation with key stakeholders, including officials from my Department, is continuing to review the funding standard and the impact of FRS 17 in the context of the overall increasing cost of DB schemes and will report to me shortly in this regard.

I expect that the Green Paper, which will address the issues raised by the Deputy, will be finalised by the end this month and published thereafter. A consultation process will then take place and the Government will publish a framework for future pensions policy on foot of this.

As part of the social partnership agreement Towards 2016, the Pensions Board has been asked to research benefit design options in the occupational pensions area and to examine defined benefit and defined contribution arrangements with a view to producing guidance as to designs which encompass the positive elements of each arrangement, while adjusting the costs and risks to the parties involved. I understand that work in this regard is well advanced.

Adult Education.

Dinny McGinley

Ceist:

13 Mr. McGinley asked the Minister for Social and Family Affairs the education and training programmes currently available through his Department to carers who wish to return to the workforce; and if he will make a statement on the matter. [7975/07]

The Carers allowance is essentially designed for full-time carers. Carers are allowed to work or attend a course of study for up to 15 hours per week, in recognition of the economic and therapeutic values of work and courses of study, while still safeguarding the needs of the care recipient.

My Department administers a range of back to education programmes, under the umbrella of its social and family support services, to encourage and facilitate persons in receipt of certain social welfare payments, including recipients of carers allowance, to return to full–time work through the acquisition and improvement of skills and academic qualifications which will enable them to compete more successfully for employment.

Programmes range from basic literacy courses through to certain postgraduate university courses, and include the back to education allowance scheme, which covers full-time second and third level courses.

The back to education allowance scheme is available to persons in receipt of carers allowance in circumstances where the carer is ceasing caring responsibilities on a temporary or permanent basis.

The back to education allowance is essentially a social welfare replacement income which is paid at a standard weekly rate equivalent to the maximum rate of the relevant social welfare payment that qualifies the applicant for participation in the scheme. The scheme itself is not means tested and, consequently, former carers can take up part-time employment during the academic year and full-time employment during the summer period without affecting their payment. In addition, participants receive a cost of education allowance of €400 which is payable at the beginning of each academic year. Participants also retain entitlement to any secondary benefits they had while in receipt of the relevant social welfare payment that qualified them for participation in the scheme.

The range of back to education programmes operated by my Department take cognisance of the fact that the more structured full-time second or third level courses of study such as those that are approved under the back to education allowance scheme may not suit persons who have been out of the education system for some time.

In recognition of this, in the recent budget, I extended the €32 weekly out of pocket expenses payment to persons in receipt of a carer's allowance who agree to attend specified short-term courses of education, training or development that are organised by my Department's facilitators. A broad range of courses may be pursued, including personal development courses, basic education e.g. literacy and numeracy classes, general training courses and the acquisition of specific job skills. The out of pocket expenses is a payment towards costs such as meal and travel costs, that persons may incur as a result of participation in one of these courses.

I am satisfied, overall, with my Department's back to education programmes of support to those, including carers, who are seeking return to the labour market. The programmes are kept under regular review to ensure that they continue to support those who are most in need.

Budgeting Advice Services.

Ciarán Cuffe

Ceist:

14 Mr. Cuffe asked the Minister for Social and Family Affairs if the Money Advice and Budgeting Service has a role to play in investigating high levels of interest being charged by financial institutions, in view of its practical expertise in the area. [7927/07]

Gerard Murphy

Ceist:

18 Mr. G. Murphy asked the Minister for Social and Family Affairs when he will publish new legislation on the Money Advice and Budgeting Service; and if he will make a statement on the matter. [7971/07]

Kathleen Lynch

Ceist:

21 Ms Lynch asked the Minister for Social and Family Affairs when the promised new legislation to place the Money Advice and Budgeting Service on a statutory basis will be published; the principal areas in which it will differ from the Bill published in 2002; and if he will make a statement on the matter. [7905/07]

Brendan Howlin

Ceist:

35 Mr. Howlin asked the Minister for Social and Family Affairs the progress made in regard to his consideration of the research commissioned by the Financial Regulator and the Combat Poverty Agency on the nature and extent of debt incurred by low income families; and if he will make a statement on the matter. [7903/07]

Brendan Howlin

Ceist:

64 Mr. Howlin asked the Minister for Social and Family Affairs the latest position with regard to his discussions with representatives of the credit union movement with a possible view to providing additional credit options for low income families; and if he will make a statement on the matter. [7904/07]

Kathleen Lynch

Ceist:

66 Ms Lynch asked the Minister for Social and Family Affairs if, in regard to his interview on TV3 on 24 October 2006, progress has been made by his Department in regard to the preparation of legislation to make it illegal to charge exorbitant interest rates to low income families; and if he will make a statement on the matter. [7906/07]

Gerard Murphy

Ceist:

67 Mr. G. Murphy asked the Minister for Social and Family Affairs, further to Parliamentary Question No. 83 of 14 December 2006, if his Department’s officials have finished their consideration of the Financial Regulators report (details supplied); their conclusions in relation to same; the action he will take as a result; and if he will make a statement on the matter. [7972/07]

Brian O'Shea

Ceist:

72 Mr. O’Shea asked the Minister for Social and Family Affairs the latest support he has given to the Money Advice and Budgeting Service in view of the concerns expressed by the organisation that they are being swamped with requests for advice; his views on the increasing levels of personal debt among Irish families; his further views on whether the structures and organisation of MABS require reform to cope with these new circumstances; and if he will make a statement on the matter. [7911/07]

Simon Coveney

Ceist:

89 Mr. Coveney asked the Minister for Social and Family Affairs the meetings he has had and progress he has made with banking institutions in relation to making low cost and basic banking facilities available to low income customers as recommended by the Financial Regulator report (details supplied); and if he will make a statement on the matter. [7973/07]

I propose to take Questions Nos. 14, 18, 21, 35, 64, 66, 67, 72 and 89 together.

The Money Advice and Budgeting Service (MABS) provides assistance to people who are over-indebted and need help and advice in coping with debt problems. There are 52 independent companies nation-wide operating the service. The credit union movement has been a key partner in MABS since its inception and their involvement and support is central to the development and success of the service. Other voluntary and statutory bodies, such as the Society of St. Vincent de Paul, the Community Welfare Service, Citizens Information Centres, Centres for the Unemployed and local authorities work closely with the programme.

In 2001 MABS dealt with some 9,000 new clients. In 2006, it provided services to some 12,500 new clients and the number of active cases at the end of the year was some 14,900. The growth in demand for the service can be attributed to the increase in the availability of credit generally and to the quality of the service provided by MABS advisors.

In 2006, €16.4 million was provided to fund the service and in 2007 I have further increased the annual allocation to €17.67 million to assist the MABS in dealing with its workload.

The issues that give rise to problems of over-indebtedness for people are highly complex. The cost and availability of credit for people on low incomes and the barriers they face in accessing mainstream and cheap forms of credit add to the difficulties these people encounter in managing their finances. I am particularly concerned about the unacceptably high level of interest rates currently being charged by some financial institutions, loan companies and by legal moneylenders in situations where people have no alternative sources of credit available to them.

I have held discussions with a number of groups including the Irish League of Credit Unions, the Irish Bankers Federation and the Financial Regulator about these issues. The outcome of these consultations, the Combat Poverty Report, ‘Financial Exclusion in Ireland — An Exploratory Study and Policy Review' commissioned by the Financial Regulator, together with the statistical data now emerging from the new MABSIS information system will make a significant contribution to our knowledge about the problems of debt in Ireland. They will inform the strategies that need to be put in place by both Government and the providers of payment services such as the Banks and Credit unions to promote greater financial inclusion in Ireland.

I plan to bring proposals to the Government shortly to establish the MABS on a statutory basis. My proposals for legislation will build on the best features of the MABS model of service to the public and will include measures to address concerns about excessive loan charges for people on low incomes. The proposals will combine a continuation of local voluntary involvement with strong national leadership and ensure a high quality, coordinated budgeting and advice service for the future, in particular for people on low incomes. The proposals for the new legislation will take account of the significant developments which have taken place in MABS since the previous Bill was published in 2002.

The proposals entail a number of specific actions to address some of the issues that leave people on low incomes vulnerable to high cost credit charges. While the regulation of money lending comes under the Consumer Credit Act, 1995 and the licensing of moneylenders is a statutory responsibility of the Financial Regulator, my view is that the MABS has a key role to play in informing the licensing process in these circumstances. Officials of my Department are working closely with the Financial Regulator and with the Department of Finance on the detailed legislative provisions required to give MABS an input into these matters.

This work is nearing completion and I plan to bring the proposals to Government shortly. They will be informed by the consultations I have had with a range of individuals as well as the expert views of key MABS interests including money advisors, MABS voluntary boards of management and other stakeholders such as the credit union movement. The new legislation will take account of best practice in corporate governance for a customer focused service that provides value for money for the taxpayers investment and meets the challenges posed by the rapidly changing face of debt in 21st century Ireland.

Advocacy Services.

Paul Connaughton

Ceist:

15 Mr. Connaughton asked the Minister for Social and Family Affairs if work has begun on establishing a personal advocacy service for people with disabilities; and if he will make a statement on the matter. [7982/07]

The introduction of a personal advocacy service is provided for in the Citizens Information Act, 2007.

The Act has as its primary purpose the amendment of the Comhairle Act, 2000, to assign additional and enhanced functions to the Citizens Information Board, formerly Comhairle, which operates under the aegis of my Department, to enable it to introduce a personal advocacy service to individuals, in particular those with a disability. The service will assist the individuals concerned in identifying and understanding their needs and options and assist them in securing their entitlements to social services. Social services are broadly defined and include health, social welfare, education, family support, housing, taxation, citizenship, consumer matters, employment and training, equality, asylum and immigration.

In order to expand advocacy provision for people with disabilities the Citizens Information Board, began a process in 2004 of engaging the community and voluntary sector in the provision of advocacy services to people with disabilities and also produced advocacy guidelines to inform and guide organizations in the development of advocacy services.

Thirty projects have been funded since 2004 to deliver representative advocacy services to people with disabilities, some of which are cross disability type, with others specifically targeting one particular type of disability. Each of the projects poses different challenges, some requiring more intensive work with smaller caseloads while others have larger caseloads with shorter periods of client contact.

It is difficult to estimate how many of the 323,000 people with disabilities in Ireland (CSO 2002) will seek an advocacy service. Demand will, to some extent, depend on public awareness of the services available, trust in the independence of advocates, and access to services. In this regard, the Citizen Information Board plan to undertake a public awareness campaign to address these issues.

The development of advocacy services remains a priority for my Department and in this regard additional funding of €1.9m has been provided for the Citizens Information Board in 2007 for the development of a personal advocacy service for people with disabilities and for the implementation of the Disability Sectoral Plan.

The Citizens Information Board has commenced work on establishing the Personal Advocacy Service. It is envisaged that the new service will be up and running in early 2008.

Pension Provisions.

Olivia Mitchell

Ceist:

16 Ms O. Mitchell asked the Minister for Social and Family Affairs if he is satisfied with the take-up rate of the weekly earnings disregard among non-contributory pensioners in view of the Budget 2007 changes; his views on whether this is an effective measure in encouraging people of pension age to remain at work; and if he will make a statement on the matter. [7977/07]

In Budget 2006, I announced a wide range of important reforms for non-contributory pensioners in conjunction with the introduction of the State Pension (non-contributory).

These reforms included improvements to the means test for pensioners generally, including the raising of the weekly means disregard from €7.60 to €20. As part of the pension reforms, I also announced a specific additional disregard of €100 per week where the pensioner and/or spouse is in employment. This new disregard, relating to earnings from employment, is intended as an incentive to facilitate non-contributory pensioners who wish to continue working, or to re-enter the workforce.

The new disregard was effective from the 29th of September last year. In June 2006, all non contributory pensioners in receipt of a reduced pension who were likely beneficiaries of the disregard were notified directly by my Department of the impending introduction of the employment earnings disregard. Approximately 380 pensioners are known to have benefited from the introduction of the new employment disregard.

To further encourage State pensioners to participate in the workplace I announced, in Budget 2007, that the disregard would double, from €100 to €200 per week, effective from January 2007. The increased earnings disregard is equivalent to €10,400 a year and would allow a State Pensioner the opportunity to earn additional income through employment without effecting their full pension entitlements.

While labour force participation by people aged 55-64 years is increasing in Ireland and is the sixth highest of the twenty seven EU countries, participation by people over 65 years has been declining over many years. I would expect that the doubling of the disregard should act as a further incentive to pensioners to return or remain in the workforce. It should also help address the concerns of pensioners about reductions in pensions and benefits, along with affording them the opportunity to increase their weekly income and standard of living.

It should of course be borne in mind that the €200 disregard is relevant only to non-contributory state pensions and that over 70% of state pensioners are receiving contributory pensions. The change to the State Pension (Non Contributory) employment earnings disregard should not only be seen as society's recognition of the contribution our older people have made to the building of modern Ireland, but also sends out the message that we value the potential contribution that these men and women can make to society.

While it is not yet clear how successful this initiative will be in increasing labour market participation by older people, the early signs are encouraging and I am optimistic about the prospects for the future.

Social Protection Expenditure.

Richard Bruton

Ceist:

17 Mr. Bruton asked the Minister for Social and Family Affairs the comparison between public social expenditure here and that in each of the other EU countries and the EU average respectively; and if he will make a statement on the matter. [7965/07]

Eurostat, the Statistical Office of the EU, publishes comparisons of social protection expenditure as a percentage of GDP across the European Union. This includes not only social welfare expenditure but also expenditure in areas such as health care, social housing, employment support programmes and other social inclusion programmes.

The latest such statistics were published recently by the EU Commission in an Annex to its 2007 Joint Report on Social Protection and Social Inclusion and cover developments up to and including 2004. No comparable figures are yet available for 2005 or 2006.

When examining such data it is important to remember that gross expenditure measures do not take account of social charges or taxes which may be levied on benefits after they are paid, nor do they include transfers made by means of tax concessions, as opposed to direct cash payments. For example, tax relief on contributions towards occupational and private pensions, which are an important feature of Ireland's pension system, is not counted as expenditure.

In 2004, social protection expenditure accounted for 27.3% of GDP in the EU-25 countries. The corresponding ratio for Ireland was 17% — up almost 3 percentage points from 2000 (14.1%). The Joint Report acknowledges that the very significant growth in GDP in Ireland means that the very significant real increases in benefit rates and child income support introduced in recent years is somewhat masked. It further notes that the level of expenditure in Ireland is also significantly influenced by the lower proportion of pensioners and the reliance on private pension provision to supplement the State pensions; and lower spending on unemployment benefits in the light of sustained low unemployment figures.

The fact is that under this Government there has been a sustained and substantial increase in social protection expenditure. Moreover, it should be noted that social welfare expenditure will have increased substantially during the 3 year period 2005 to 2007 — an overall increase of 26.3%, well ahead of the corresponding projected increases in prices and earnings. Following the improvements announced in the 2007 Budget, overall spending on social welfare will increase this year to a total of €15.47 billion — an increase of over €190 million from 2006.

This Government will continue to address the scope for further improvements in Ireland's social protection infrastructure, guided by the new National Anti Poverty Strategy, and the National Development Programme while at the same time continuing to take the measures necessary to maintain economic growth and competitiveness and thereby generate the resources for further social investment.

Question No. 18 answered with QuestionNo. 14.

Social Welfare Benefits.

Enda Kenny

Ceist:

19 Mr. Kenny asked the Minister for Social and Family Affairs the status of his plans to merge the family income supplement and child dependent allowance into a second tier child income support payment; and if he will make a statement on the matter. [7993/07]

In the context of an overall review of targeted child income support payments, the National Economic and Social Council (NESC) was asked to examine the feasibility of merging the family income supplement with child dependant allowance and possibly including other child supports such as the back to school clothing and footwear allowance, resulting in a single second tier child income support. Such a payment would be aimed specifically at targeting child poverty by channelling resources to low-income families without creating significant disincentives to employment.

NESC has indicated that, as the proposed second tier income support represents a new approach to targeting, the issues involved are complex and there are technical and policy challenges to be overcome. The Council's analysis of these issues will, I believe, be of assistance in informing the future direction of child income support policy.

This commitment to examining such a change was subsequently embodied in the partnership agreement ‘Toward 2016' which committed to completing consideration of the issues within one year.

While jobs are a most effective way of lifting families and their children out of poverty and child benefit accounts for 68% of child income support payment, I have long held the view that implementing a targeted second tier payment for children in low income and welfare families could have an important impact on child poverty. The significantly improved and targeted measures announced in Budget 2007 represent a substantial move in that direction.

Family income supplement income thresholds have been increased in Budget 2007 and improve the weekly payments of almost all existing FIS recipients by €9 for a one child family, to €111 for a family with eight or more children. Research has shown that poverty is more likely to be concentrated in larger families and this improvement continues the re-focusing of thresholds towards larger families which started in Budget 2006, thereby further targeting resources at low-income households.

In addition, in Budget 2007 all three child dependant allowance rates which had remained unchanged since 1994, were increased to a single rate of €22 per week.

These changes represent a more selective approach to child income support through targeting children in poorer households while at the same time limiting the extent to which employment incentives are worsened.

Anti-Poverty Strategy.

Jimmy Deenihan

Ceist:

20 Mr. Deenihan asked the Minister for Social and Family Affairs his views on the request by the Combat Poverty Agency to establish a National Implementation Group to monitor the delivery of the National Action Plan for Social Inclusion at local level via the City and County Development Boards; and if he will make a statement on the matter. [7998/07]

Jim O'Keeffe

Ceist:

54 Mr. J. O’Keeffe asked the Minister for Social and Family Affairs his views on the recent finding of a company (details supplied) who, on behalf of the Combat Poverty Agency, found in their report that although the policies and infrastructure to tackle poverty already exist, conflicting priorities at local and national level and poor integration of existing structures are hampering implementation; and if he will make a statement on the matter. [7996/07]

I propose to take Questions Nos. 20 and 54 together.

The report by ERM Consulting Poverty and Social Inclusion, Linking Local and National Structures, which I recently launched, is being examined by the Office for Social Inclusion in my Department and by other Departments, including the Department of Environment, Heritage and Local Government. The importance attached by the report to the effective implementation of social inclusion policies at both national and local level, and the need for strong linkages between both levels, is reflected in several key elements of the government's social inclusion strategy. The social partnership agreement, Towards 2016, which adopts the life cycle framework to address social exclusion, recognises that effective delivery of services at national and local levels, with flexibility to adapt to change, is essential to tackle the challenges faced by people at different stages of the life cycle. The National Development Plan 2007-2013 and the new National Action Plan for Social Inclusion 2007-2016 (NAPinclusion), also recognise the importance of improved linkages and integration of existing structures. Both plans include commitments to support the work of the County/City Development Boards (CDBs) which, together with the Social Inclusion Measures Groups, are key structures in ensuring better co-ordination and delivery of policies at local level, a point acknowledged in the ERM report. Further evidence of the Government's commitment in this area can be seen from the agreement in Towards 2016 to double the number of social inclusion units in local authorities and to have a unit in half of all authorities by the end of 2008.

The Government has put in place mechanisms to ensure that social inclusion policies are effectively implemented at a local level across the country. The Local Government Social Inclusion Steering Group, chaired by the Department of Environment, Heritage and Local Government, is a key structure in this process. The group's aim is to support the development of a strong anti-poverty focus within local government. Furthermore, the NAPinclusion provides for the further development of this group to support the linkages between national and local level and it will report on progress to the Cabinet Committee on Social Inclusion. The recommendations made in the report and associated policy statement by the Combat Poverty Agency, including the proposal for a National Implementation Group to monitor implementation at local level, will be considered in the context of further developing the institutional structures for promoting social inclusion.

Question No. 21 answered with QuestionNo. 14.

Services for People with Disabilities.

Paul Nicholas Gogarty

Ceist:

22 Mr. Gogarty asked the Minister for Social and Family Affairs if he will report on the progress of the arrangements that were put in place in 2004 further to the review of illness and disability schemes completed in that year which recommended that the infectious diseases maintenance allowance should be merged with the supplementary welfare allowance scheme; and if he will make a statement on the matter. [7929/07]

Ivor Callely

Ceist:

24 Mr. Callely asked the Minister for Social and Family Affairs the progress to place the administration of the community welfare section of the Health Service Executive on a more permanent basis; the work that has been considered; and if he will make a statement on the matter. [7796/07]

Seán Crowe

Ceist:

32 Mr. Crowe asked the Minister for Social and Family Affairs the situation regarding the move of the community welfare service from the Health Service Executive to his Department; and if he has satisfied himself with the level of consultation with all stakeholders including the unions in this process. [8001/07]

Arthur Morgan

Ceist:

53 Mr. Morgan asked the Minister for Social and Family Affairs if he will provide details of the move of the community welfare service to his Department; and the way this will affect disadvantaged communities and the specific role of community welfare officers. [8009/07]

Dan Boyle

Ceist:

65 Mr. Boyle asked the Minister for Social and Family Affairs if he or his Department has been party to a review of Section 44 of the Health Act 1947 and the Social Welfare (Supplementary Welfare Allowances) Act 1975 in view of the Government’s intention to amalgamate the infectious diseases maintenance and supplementary welfare allowance schemes; and if he will make a statement on the matter. [7930/07]

Willie Penrose

Ceist:

70 Mr. Penrose asked the Minister for Social and Family Affairs the position in regard to proposals that community welfare officers should be transferred from the Health Service Executive to his Department; if discussions have been initiated with the trade unions representing the CWOs; if a timetable has been set for implementation of the proposal; and if he will make a statement on the matter. [7892/07]

Dan Boyle

Ceist:

165 Mr. Boyle asked the Minister for Social and Family Affairs if he will change the terms of employment of community welfare officers if and when they become the responsibility of his Department. [8107/07]

I propose to take Questions Nos. 22, 24, 32, 53, 65, 70 and 165 together.

As part of the health service reform programme, the Government has decided to transfer certain functions, associated staff and other resources from the Health Service Executive to my Department. The functions to be transferred include the supplementary welfare allowance and infectious diseases maintenance allowance schemes, as well as certain other functions. The transfer of functions is a major project that has implications for important services and also affects, on a personal level, the staff delivering these services. Accordingly the programme to implement the transfer is being managed in a careful and comprehensive manner to ensure that the services and position of the staff involved are protected. The HSE and my Department are engaged in a comprehensive programme to collect information on all elements of the functions undertaken by the Community Welfare Service. This information is essential for the successful planning and implementation of the transfer process and to ensure that all aspects of the current service are fully taken into account. Throughout the implementation programme there will be direct and extensive consultation with the staff affected by the transfer of functions programme. A communications and consultation strategy has been devised that provides for ongoing dialogue with all stakeholders associated with the programme. In that regard, my Department met the entire cadre of superintendents on two occasions last year.

A series of regional briefings is being organised jointly by the HSE and my Department for all staff in the Community Welfare Service. These briefings will commence this month and will provide an opportunity for further constructive engagement and feedback on the implementation programme. My Department also holds regular meetings with the two trade unions representing Community welfare Officers (CWOs). The most recent meeting was on 8 February 2007 and there were three such meetings in 2006. The transfer programme was discussed at all of those meetings. The health sector National Joint Council (NJC) brings together the two trade unions, the HSE and the Department of Health and Children. The NJC meets regularly and it too has discussed the transfer of functions. To supplement this, a Joint Liaison Group involving the two trade unions, health sector management and my Department has been established. This group is due to hold its first meeting within a few weeks. In advance of this meeting a document outlining the joint high level proposals of the HSE, my Department and the Department of Health and Children is being sent to all the trade unions concerned, including trade unions representing staff within my Department. I am satisfied with this considerable level of consultation.

The SWA scheme is administered by some 700 CWOs and 59 superintendents and supporting clerical and other staff within the Community Welfare Service of the HSE. They provide a service that is flexible, responsive and outcome driven. The transfer of functions will not change this. There will be no loss of flexibility, discretion or personal service on the part of CWOs. The same staff will administer the schemes and provide the same personal service under the same legislation and guidelines as at present. The existing legislation governing the scheme will largely remain. All of the linkages to other services in the health sector and elsewhere will remain and indeed will be strengthened under the new arrangements. The transfer will harness co-operation in a more cohesive and a co-ordinated manner for the benefit of the disadvantaged in society.

In November 2006, my Department published the report of the working group on the Review of the Supplementary Welfare Allowance Scheme. The working group carried out a fundamental review of all aspects of the SWA scheme. The report presents a number of recommendations relating to the future of the scheme and provides a valuable working template to support the transfer programme. My Department's commitments in Towards 2016, the National Development Plan and the National Anti-Poverty strategy provide further underpinning for this enhanced approach. To enable this to happen, I have made proposals for legislative changes in the Social Welfare and Pensions Bill before the House. What is proposed is a technical change that will be needed when CWOs are no longer HSE staff. I have not set a firm date for the transfer pending further detailed consultations between the health sector and my Department. However, I hope it will be possible to complete the transfer this year. The implementation of the programme will be carefully managed to ensure that continuity of the SWA scheme and related services is maintained. The provisions in the Bill are subject to a Commencement Order and will not come into effect until the transfer takes place.

In addition to the SWA scheme administered by CWOs, a decision has been made to transfer income supports includes existing allowances and payments made to or in respect of persons with a disability, including domiciliary care allowance, mobility allowance, infectious diseases maintenance allowance and blind welfare allowance. In advance of their transfer a policy review of these schemes is under way, aimed at reviewing their original objectives and how those objectives will be met most effectively in the new environment. Any necessary legislative changes arising from the review will be introduced in 2008. While the report of the review of the illness and disability schemes undertaken in 2003 made some recommendations as regards the future of the Infectious Diseases Maintenance Allowance, this is being addressed in the wider context of the transfer of income supports from the HSE to my Department. The scheme is a small one, with only 69 persons receiving a weekly payment at present. The case for its integration within mainstream income support provision is, prima facie, a cogent one and this issue will be addressed in the context of the review. While acknowledging the concerns that those delivering the service may have regarding the transfer programme generally, I am satisfied this is the correct way forward. The SWA scheme is already funded by my Department and is part of the wider social welfare code. In recent years new types of payments, computer development and modernisation of services enable customers to confidently carry out their business with my Department. The transfer of functions will provide a platform from which to build on this and offers a challenge and an opportunity for all staff in the Community Welfare Service and my Department in developing a model system for supporting those most disadvantaged in society.

Question No. 23 answered with QuestionNo. 7.
Question No. 24 answered with QuestionNo. 22.

Social Welfare Benefits.

John Gormley

Ceist:

25 Mr. Gormley asked the Minister for Social and Family Affairs if reform is taking place of the Health Services Executive urgent needs loan scheme operated through his Department to allow for wider access of low cost credit to persons in crisis debt situations. [7935/07]

Ciarán Cuffe

Ceist:

42 Mr. Cuffe asked the Minister for Social and Family Affairs if he will address the disparities in the values of supplementary welfare payments across the country particularly in view of the concern expressed by the working group on the issue within his Department. [7926/07]

Thomas P. Broughan

Ceist:

52 Mr. Broughan asked the Minister for Social and Family Affairs the main findings of the Government’s working group on the rent supplement scheme; the changes he will make to the rent supplement scheme as a result; and if he will make a statement on the matter. [7896/07]

Joe Costello

Ceist:

56 Mr. Costello asked the Minister for Social and Family Affairs the progress made with regard to his consideration of the major review of the supplementary welfare allowance scheme carried out under the Government’s Expenditure Review Initiative; and if he will make a statement on the matter. [7898/07]

Joan Burton

Ceist:

62 Ms Burton asked the Minister for Social and Family Affairs if he will confirm that a review of the supplementary allowance scheme has revealed significant inconsistencies in the levels of payments made under the scheme between different parts of the country; the steps he will take to ensure greater consistency in the level of payments made; and if he will make a statement on the matter. [7897/07]

I propose to take Questions Nos. 25, 42, 52, 56 and 62 together.

The review of the supplementary welfare allowance scheme was carried out as part of the Government's Expenditure Review Initiative series of Programme Evaluation reviews. Overall the review concluded that the scheme has, over the years, met its objective of guaranteeing that every person in the State has a minimum level of income sufficient to meet their basic day to day needs. However, the review also points out that the scheme has gone beyond its original "safety net" role and now plays a more extensive role than was originally intended. In overall terms the review argues for a unified system of income support delivered at Social Welfare Local Offices and complemented by a range of activation supports; vigorous support of the Rental Assistance Scheme to address housing needs of people in long-term rent supplementation; and a continued role for the Community Welfare Service in delivering a flexible and immediate response to those most in need.

In the case of rent supplement, the report recommends that the implementation of the rental assistance arrangements announced by Government in July 2004 should be vigorously pursued. In addition to improving the housing situation for people on low incomes and delivering better value for money for the Exchequer, full implementation of the arrangements would allow the rent supplement scheme to return to its original objective of being a short-term income support scheme, with fewer than half of the current number of recipients. The review identified a number of issues relating to the incentives under the rent supplement scheme for those wishing to take up an employment opportunity. In Budget 2007 I specifically addressed this issue when I announced improvements in the additional income disregards for those taking up employment or training. I said that any person who is on a local authority waiting list for accommodation under the Rental Accommodation Scheme (those with a long-term housing need), may return to full-time employment and be considered for a rent supplement payment under the standard means test as outlined above. This new system replaces the existing special retention arrangements, so that in the case of a person aged 65 or over whose combined household income is greater than the rate of supplementary welfare allowance appropriate to his or her circumstances, an amount equal to the difference between the maximum rate of State pension appropriate to his or her circumstances and the said rate of supplementary welfare allowance is no longer assessed in the means test for rent or mortgage interest supplement. These measures provide for significant improvements to the rent supplement scheme in terms of simplifying the current assessment process and in offering clear incentives to those returning to work.

Under the supplementary welfare allowance scheme, an exceptional or urgent needs payment may be made to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment; each application is determined by the Executive based on the particular circumstances of the case. If an urgent needs payment is paid to a person who is engaged in remunerative full-time work, the Health Service Executive may, if it is satisfied that in all the circumstances of the case it would be equitable to do so, determine or decide that the whole or part of the allowance so paid shall be recoverable from the person to whom it is paid. While the review of the SWA scheme contained a number of detailed recommendations for reform it did not recommend a loan scheme and I have no intention at this stage of introducing one.

The review included a detailed examination of expenditure and recipient trends for all elements of the scheme. The Group identified variations in the level of expenditure on exceptional needs payments but considered that such variations were likely to occur as the payments are made on the basis of a person's need and it was reasonable to expect that such needs would not occur uniformly across the country. The Working Group also examined the average value of exceptional needs payment throughout the country in relation to the various different types of exceptional and urgent needs payments and found variations in the levels of payments that could not be explained by geographical cost factors. While noting this, I am conscious that the discretionary nature of the payments is in itself a contributing factor to the variation in the level of payments. A balance has to be struck between the enforcement of a consistent approach and exercise of discretion on a case by case. During 2007 my Department will continue to monitor these payments. However, I will not take any action that might restrict the discretionary nature of the scheme in a manner that would be detrimental to people availing of the service.

The working group also recommended an easing of the means test for SWA purposes in the assessment of capital. Under existing rules the first €520 of capital is assessed at one-twentieth with the amount in excess of this amount assessed at one-tenth. In Budget 2007 I provided for an improved capital assessment under which the first €5,000 of capital will be disregarded; the next €10,000 will be assessed at €1 per €1,000; the next €25,000 will be assessed at €2 per €1,000; and the excess of €40,000 will be assessed at €4 per €1,000. The change presents a more reasonable approach and allows a person to retain a more meaningful sum that could be utilized should an unexpected emergency arise. I am making provision in the Social Welfare and Pensions Bill 2007, currently before the House, for the necessary legislation to give effect to this and other Budget 2007 improvements in the SWA scheme.

Citizens Information.

Trevor Sargent

Ceist:

26 Mr. Sargent asked the Minister for Social and Family Affairs if, in the view of the Citizens Information Act 2007 Comhairle, the Citizens Information Board will continue to provide resources and supports to information providing Non Governmental Organisations other than the citizens information centres for example community resource centres, centres for the unemployed, youth information centres and so on on the same basis as applied under the Comhairle Act 2000; and if he will make a statement on the matter. [7932/07]

Eamon Ryan

Ceist:

82 Mr. Eamon Ryan asked the Minister for Social and Family Affairs his views on whether in establishing Comhairle as the 44th Citizens Information Board, further to the earlier establishment of the non-statutory, area-based Citizens Information Boards and the nationwide Citizens Information Phone Service Board, he risks compromising in the public mind the characteristics of independence and impartiality that are, and have always been the cornerstones of the Citizens Information Movement; and if he will make a statement on the matter. [7931/07]

Trevor Sargent

Ceist:

92 Mr. Sargent asked the Minister for Social and Family Affairs if he will use his powers to direct the activities of the newly established Citizens Information Board, as provided for in the Citizens Information Act 2007 in such a way as to direct at local level the activities of the area based citizens information services, the citizens information phone service and the National Association of Citizens Information Services; and if he will make a statement on the matter. [7933/07]

I propose to take Questions Nos. 26, 82 and 92 together.

The Citizens Information Act 2007 provides for the introduction of a personal advocacy service and for the renaming of Comhairle as the Citizens Information Board. The name has been changed under the Citizens Information Act 2007 to more clearly represent the functions of the organisation and link it more directly to the citizens information services it provides and supports. Under the Comhairle Act 2000, Comhairle — now the Citizens Information Board — had a statutory function to "support the provision of, or, where the Board considers it appropriate, to provide directly, independent information, advice and advocacy services, so as to ensure that individuals have access to accurate, comprehensive and clear information relating to social services and are referred to the relevant service". To deliver on this function, the Citizens Information Board has developed, funded and supported 42 Citizens Information Services throughout the country and one national Citizens Information Phone Service. These services are limited companies, managed by Voluntary Boards of Management and they provide information services to the public in line with the Comhairle Act, 2000.

The Citizens Information Board will continue to provide services through the network of Citizens Information Services around the country which provide face-to-face service from approximately 250 locations; the Citizens Information Phone Service, which is a LoCall service available from 9 a.m. to 9 p.m. Monday to Friday; andits website, www.citizensinformation.ie. The National Association of Citizens Information Services, NACIS, is a representative body for local and regional information providers within Citizens Information Services, inclusive of Board members, paid employees and volunteers. It has been established with the support of the Citizens Information Board which provides its core funding. NACIS and the Board meet on a regular basis to discuss matters of common interest and will continue to do so. The Board will continue to provide all the services, supports and resources that have been provided to date by Comhairle to non-governmental organisations involved in information provision. The Board will also continue to require that the Citizens Information Services and the Citizens Information Phone Service deliver information, advice and advocacy services to the public in line with the Board’s statutory requirements as laid out in the Comhairle Act 2000 and the Citizens Information Act 2007. I assure Deputies that there will be no diminution of the services being provided and that the legislation, in fact, provides for an enhanced service to the public including provision of a Personal Advocacy Service.

Pension Provisions.

Olwyn Enright

Ceist:

27 Ms Enright asked the Minister for Social and Family Affairs if his Department has conducted surveys and consulted members of the public on their views on different types of pension schemes; and if he will make a statement on the matter. [7985/07]

Jan O'Sullivan

Ceist:

63 Ms O’Sullivan asked the Minister for Social and Family Affairs if he has completed his consideration of the recent report he received from the Pensions Board, Special Savings for Retirement Report on Mandatory Pension System; and if he will make a statement on the matter. [7914/07]

Jan O'Sullivan

Ceist:

76 Ms O’Sullivan asked the Minister for Social and Family Affairs when the promised Green Paper on pensions will be published; and if he will make a statement on the matter. [7913/07]

I propose to take Questions Nos. 27, 63 and 76 together.

As the House will be aware, in early 2005 I asked the Pensions Board to undertake a review of overall pensions strategy because I considered that, on the basis of the progress being made at that time, there was little prospect of reaching the targets set by the Pensions Board for pensions coverage within a reasonable timescale. The Board completed the National Pensions Review, which was published in January 2006. The Board reaffirmed the various targets recommended in the original National Pensions Policy Initiative which included a retirement income, from all sources, of 50% of pre-retirement income, a social welfare pension equating to 34% of average industrial earnings and a supplementary pensions coverage rate of 70% for those aged over 30 years. The Board recommended enhancements to the current voluntary system of supplementary pensions as it considers that the system has the potential to deliver significant improvements in coverage. However, no truly voluntary pensions system has been able to deliver the sort of coverage rates for which we are aiming. In that context, I asked the Pensions Board to explore in more detail the ideas for a mandatory or quasi-mandatory system, which had been set out in the National Pensions Review.

In August 2006, the Government published the Pensions Board report, Special Savings for Retirement, in which the Board suggested a model that could be considered if it were decided a mandatory system of supplementary pensions was required. The model was aimed at low to middle earners and entails mandatory contributions of 15%, shared between employers, employees and the Exchequer, on earnings between €15,000 and €60,000. This would be backed up by an improved social welfare pension, which would increase from a current level of 33% of gross average industrial earnings to 40%. A timescale of 10 years was suggested for full implementation of this approach. As the House is aware, the Government is committed to producing a Green Paper on pensions as part of the social partnership agreement Towards 2016. The Green Paper will outline the major policy choices and the challenges we face in the pensions area. The two reports completed by the Pensions Board in 2006 are significant inputs to the process. I expect that the Green Paper will be finalised by the end of this month and published as quickly as possible thereafter. The social partners have been consulted on what they would like to see covered in the Paper. As agreed in Towards 2016 a consultation process will then take place and the Government will respond to this by publishing a framework for future pensions policy.

Family Support Services.

Aengus Ó Snodaigh

Ceist:

28 Aengus Ó Snodaigh asked the Minister for Social and Family Affairs if he will make provision for the establishment of a number of pilot child and family centres to provide information and support to the families and children experiencing a difficult time through separation and divorce as called for by One Family. [8002/07]

The pre-Budget submission from the One Family organisation called for funding to be provided for a number of pilot family law and children's centres which would provide information and support services to families that have experienced breakdown and are affected by new family formation. As this proposal is primarily focussed on the provision of family law information and the legal impact of new relationships, it is of interest in the first instance to my colleague, the Tánaiste and Minister for Justice, Equality and Law Reform. However, the submission also calls for the expansion of non-adversarial options for families experiencing separation and divorce and specifically increased resources for mediation as a method of dispute resolution. My Department, through the Family Support Agency is responsible for the Family Mediation Service, a free, professional, confidential service for couples who have decided to separate. The Family Mediation Service assists separating couples to address the issues on which they need to make decisions, including post-separation living arrangements, finances and parenting arrangements which will enable children to have an ongoing relationship with each parent. With the assistance of a trained mediator couples look at these issues and, where possible, reach an agreement that meets both their interests and the interests of their children. When a couple has reached agreement, a family session is offered to parents with their children to discuss their new family arrangements in an encouraging and positive way. Couples can take the agreement prepared at mediation to their respective solicitors to have it formalised into a legal document. The Family Support Agency also provides financial support for a network of Family Resource Centres (FRCs). The aim of FRCs is, essentially, to help combat disadvantage by supporting the functioning of the family unit. The emphasis in FRCs is on the involvement of local communities in developing approaches to tackle the problems faced by the community and on creating successful partnerships between the voluntary and statutory agencies in the areas concerned. Centres provide services for lone parent families, young mothers and others considered in need of extra support. Services include the provision of information, advice and support to target families, the provision of education courses and training opportunities; and the provision of childcare facilities for those attending courses provided by the project.

Pension Provisions.

Pádraic McCormack

Ceist:

29 Mr. McCormack asked the Minister for Social and Family Affairs the number of working and non-working women respectively who have personal or occupational pensions; and if he will make a statement on the matter. [7983/07]

Pádraic McCormack

Ceist:

71 Mr. McCormack asked the Minister for Social and Family Affairs his views on the assertion made by a company (details supplied) that three out of four women will be dependent on someone else for their retirement income; his concerns regarding same; and if he will make a statement on the matter. [7984/07]

Denis Naughten

Ceist:

90 Mr. Naughten asked the Minister for Social and Family Affairs the steps he will take to facilitate women forced out of employment due to the marriage rule to avail of contributory pensions; and if he will make a statement on the matter. [7940/07]

I propose to take Questions Nos. 29, 71 and 90 together.

The most recent figures published by the CSO for supplementary pensions coverage relate to the fourth quarter of 2005 and show that 50.6% of women in employment had a private or occupational pension, compared to a coverage rate for men of 58.3% and a rate of 55% for the workforce as a whole. This is a significant improvement on the 2002 position when 44.6% of women had such coverage. The gap between coverage rates for men and women has narrowed from about 11% to just under 8%. Nevertheless, the number of women with pensions coverage remains below average. The survey referred to by the Deputy assumes that women who are at present outside the paid workforce do not have a pension. There are no figures available on this aspect of the pensions situation so it is not possible to comment in any detail on the conclusions of the survey in question. However given a workforce participation rate for women of 60% and pensions coverage reaching about 50% of these, it is clear that a sizeable number do not have any supplementary pensions coverage. Changes in insurability of employment for PRSI purposes, particularly the extension of cover to part-time workers in 1991 and the operation of the home-maker's scheme will, in the future, ensure social welfare pension entitlement for most women.

Women who left the workforce through the operation of the marriage bar were, in the main, public servants who were never insured for social welfare pension purposes. Accordingly, the loss of pension rights in their case relates more to their occupational position rather than social welfare pension entitlements. That said, the Government is anxious to ensure that as many people as possible can be accommodated within the social welfare pensions system, with due regard being paid to the contributory principle underlying entitlement to contributory payments and, in the case of non-contributory payments, the need to ensure that resources are directed to those who are most in need. Currently, there are some 47,000 people who are not receiving a pension payment in their own right or as a qualified adult on the pension of their spouse or partner. These are mainly former public servants and self-employed people who were close to retirement or had retired before 1988, when the self-employed were brought within the social insurance system, together with their spouses. The issues in relation to this group will be discussed in the forthcoming Green Paper on pensions and decisions regarding pension provision for them will be made in the context of the consultation process which will follow its publication and the framing of a long-term policy for overall pension provision. The Green Paper is due to be finalised by the end of March.

Paul Connaughton

Ceist:

30 Mr. Connaughton asked the Minister for Social and Family Affairs the expected number of contributory pensioners who will be eligible for the fuel allowance in 2007 as a result of the changes to the additional income disregard introduced in Budget 2007; and if he will make a statement on the matter. [7981/07]

Seán Crowe

Ceist:

79 Mr. Crowe asked the Minister for Social and Family Affairs the cost involved in extending the qualification criteria for the fuel allowance for low income families where a number are receiving social welfare payments. [8000/07]

I propose to take Questions Nos. 30 and 79 together.

The national fuel scheme assists householders on long-term social welfare or health service executive payments to meet the cost of their heating needs during the winter season. Fuel allowances are paid for 29 weeks from the end of September to mid-April. The allowance represents a contribution towards a person's normal heating expenses. It is not intended to meet the costs in full. Improvements to the fuel allowance in recent years include easing the means test, extending the duration of payment from 26 to 29 weeks and increasing by €5 the rate of payment in the 2006 budget. In Budget 2007, I have provided for an increase in the rate of fuel allowance of €4 from €14 to €18 — €21.90 in designated smokeless areas — and I have increased the income threshold for eligibility to fuel allowance by €49 from €51 to €100 above the state pension (contributory) rate. Some 274,000 people benefited from the fuel allowance in 2006 at an estimated annual cost of €125.1m. As a consequence of the increase in rate and the increase in the income threshold for eligibility announced in the recent Budget, annual expenditure on the scheme in 2007 will increase by an estimated €36.4 million. The total annual cost in 2007 is estimated at €161.5m. The increase in the rate of fuel allowance to €18 per week as announced as part of Budget 2007 will give over 274,000 people entitled to the allowance additional help to meet their heating costs. The increase in the income threshold to €100 above the maximum state pension (contributory) will allow more people to qualify for fuel allowance. While it is difficult to calculate the number benefiting as a result of this increase in the threshold, estimates indicate that up to 8,000 additional people could qualify for fuel allowance. In 2006, some 41,000 recipients of State Pension (Contributory) and State Pension (Transition) received a fuel allowance.

Eligibility to the fuel allowance scheme is subject to means. The main conditions that apply to the fuel allowance scheme are that a person must be in receipt of a qualifying payment, satisfy a means test and must either be living alone or only with a qualifying dependant. The household composition and means test rules for fuel allowance scheme qualifying purposes are to ascertain the ability of applicant households to meet their normal heating requirements out of their own resources and to ensure that the maximum amount of support is targeted at those most in need of the fuel allowance support. Only one fuel allowance is paid per household. People who already qualify for means-tested pensions or allowances such as state pension (non-contributory), long-term jobseeker's assistance or one-parent family payment do not have to undergo a further means test to qualify for fuel allowance. Most people who receive fuel allowances qualify because they satisfy the relevant means test for their primary weekly payment. In the case of contributory pensions such as state pension (contributory), state pension (transition) and invalidity pensions, which are not means tested, from January 2007, a person may have a combined household income of up to €100 per week, or savings and investments of up to €58,000, over and above the maximum state pension (contributory) rate 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. Statistics are not available on the number of fuel allowance applications refused on the basis of other social welfare recipients residing with the fuel allowance claimant. As a result it is not possible to estimate the cost of allowing more than one fuel allowance per household where a number of people in a house are receiving welfare payments.

Fuel allowances are incorporated in the recipient's weekly social welfare payment. The Government's objective is to ensure that the recipient's total weekly income, including the fuel allowance, is sufficient to meet all their income needs, including heating costs. Budget resources are concentrated on providing significant real increases over and above inflation each year in all primary social welfare pension, benefit and assistance rates. The increases of €16 and €18 per week in the rates of payment for contributoryand non-contributory pensions respectively announced in the recent budget is a continuation of this policy. Under the supplementary welfare allowance scheme, a special heating supplement may be paid to assist people in certain circumstances that have special heating needs. An application for a heating supplement may be made by contacting the community welfare officer at the local Health Centre. Any changes in relation to provision of basic income support, fuel allowance or the household benefits package would have significant cost implications and would have to be considered in the light of the resources available for improvements in social welfare generally.

Question No. 31 answered with QuestionNo. 8.
Question No. 32 answered with QuestionNo. 22.

Anti-Poverty Strategy.

David Stanton

Ceist:

33 Mr. Stanton asked the Minister for Social and Family Affairs the efforts his Department is making to address concern raised by the European Commission report (details supplied) that there is an increasing prevalence of people in employment who are at risk of poverty; and if he will make a statement on the matter. [7964/07]

It is clear that being at work significantly reduces the risks of poverty and deprivation. However, despite economic advances of the past years, some families find themselves dependent on low wage employment. It is important to ensure that work pays and a number of policy instruments crossing a range of Departments are used as a way of preventing poverty amongst the working poor. These include changes to the taxation system, the national minimum wage, provision of training and access to lifelong learning opportunities, assistance with job search and placement and changes to the social welfare system to support the transition to employment and improve the retention of non-cash benefits during that transition. One of the principal policy responses in my Department which is designed to address the problem of low income working families, is the family income supplement (FIS) scheme. A principal feature of this scheme is that it provides cash support to qualifying families even where they have not previously been in receipt of a social welfare payment. This preserves the incentive to remain in employment in circumstances where the employee might otherwise only be marginally better off than if he or she claimed other social welfare payments. Where a person qualifies for FIS, the minimum weekly payment is €20. Research has shown that poverty is more likely to be concentrated in larger families. Recent evidence from the ESRI confirms that this remains substantially the case. In this context, Budget 2007 increased the FIS earnings thresholds by €15 for a one child family up to €185 for an eight child family. It is estimated that these increases will affect 21,100 families and that approximately 5,600 additional families will become eligible for a FIS payment through these increased thresholds. The cost of these measures is estimated at €32 million in 2007 and in a full year. The new FIS thresholds significantly increase all payments while concentrating additional resources on larger families. This continues the re-focusing of thresholds which started in Budget 2006, contributing towards targeting resources at households in poverty.

Social Welfare Code.

Martin Ferris

Ceist:

34 Mr. Ferris asked the Minister for Social and Family Affairs if he will revise the eligibility criteria for the back to education allowance to include low paid workers as called for by AONTAS. [8005/07]

The back to education allowance is a second chance education opportunities scheme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the work force. The allowance is essentially a social welfare replacement income which is paid at a standard weekly rate equivalent to the maximum rate of the relevant social welfare payment that qualifies the applicant for participation in the scheme. To qualify for participation in the back to education scheme an applicant must be, inter alia, in receipt of a relevant social welfare payment for at least six months in the case of people wishing to complete a second level course, or 12 months in the case of people wishing to pursue third level qualifications. The 12-month requirement is reduced to nine in the case of people who wish to attend a third level course and who are participating in the National Employment Action Plan process. The back to education scheme was established to assist people who have been out of the workforce for some time and whose employment opportunities would be enhanced by participation in the scheme. The requirement to be in receipt of a relevant social welfare payment for a minimum period has always been a feature of the scheme and this is considered necessary to ensure that limited resources are directed at those most in need. People who are already in employment are not considered to be in the target group for the scheme. I am satisfied that, overall, the current arrangements ensure that the scheme continues to support those who are more distant from the labour market. I have no plans to abolish or modify the qualifying criteria for participation in the scheme to include people who are not in receipt of a social welfare payment.

Question No. 35 answered with QuestionNo. 14.

Family Support Services.

Olivia Mitchell

Ceist:

36 Ms O. Mitchell asked the Minister for Social and Family Affairs the amount of money made available by his Department and the agencies under his Department to offer parenting courses in view of the reported high demand for such courses (details supplied); the role he envisages for his Department in providing these type of supports for parents; and if he will make a statement on the matter. [7978/07]

My Department provides funding to a range of groups and organisations involved in the provision of supports and information to parents and families who are in receipt of a social welfare payment. In 2006, over 400 projects or individuals were assisted through the Family Services Project (FSP) at a total cost of €2.2 million. Courses supported included family support programmes and personal development programmes, the majority of which incorporated a parenting element. The overall objective of the FSP is to provide a high quality information service on the range of supports available to families from State agencies and the community and voluntary sector with a particular emphasis on the agencies and services available locally. In addition to the FSP my Department also administers the Special Projects Fund, which is used to provide grants to projects run by third parties to help welfare recipients as well as members of their families to improve their employability through education, training and personal development. My Department sees the Fund as a means of supporting innovative responses to increasing employability and tackling social inclusion. There was €2.8 million available under the Fund in 2006 and over 160 projects were funded. The two funding streams have been amalgamated with effect from the start of this year to provide greater flexibility in the funding streams available to assist individuals and families to enhance their employability through education, training and personal development opportunities. The overall fund is administered by Facilitators based in my Department's Local Offices who work in conjunction with local Voluntary and Community groups and statutory organisations. The fund is operated in a manner that enables a quick response to identified customer needs.

My Department's role in this area is to increase the capacity of those in the most difficult circumstances by improving their self-esteem and personal and family situations through the training, developmental and educational opportunities made available. In 2007 over €5.6 million is being made available through the amalgamated Fund. The Family Support Agency, which comes under the remit of my Department, has statutory responsibility to promote and disseminate information about issues such as parenting and family responsibilities. In 2007, the Agency has been allocated €35.339 million of Government funding to support families and has a mission "to promote family and community well being through the provision of appropriate supports and services to families". A crucial element of this will be the investment of over €18 million in the Family Resource Centre programme which seeks to help combat disadvantage by improving the functioning of the family unit. The emphasis in the projects is on the involvement of local communities in developing approaches to tackle the problems they face and on creating successful partnerships between the voluntary and statutory agencies in the area concerned. The services provided and activities supported by the resource centres are designed to meet the needs of the local community. They include the provision of parenting courses, education and training opportunities for parents and active dissemination of information on a range of issues affecting families and local communities.

Personal Public Service Numbers.

Thomas P. Broughan

Ceist:

37 Mr. Broughan asked the Minister for Social and Family Affairs the investigations that have been held into allegations in regard to his statement of 29 January 2007, regarding the exploitation of Romanian immigrants to this country by the charging of a fee for the arrangement of PPS numbers; the extent of the abuse; if prosecutions will follow; and the steps being taken to alert immigrants as to their rights in regard to PPS numbers. [7895/07]

The personal public service number, PPSN, is the individual's unique reference number for dealings with a range of Departments and public bodies. A PPSN issues automatically to children who are born in Ireland. In all other cases an application must be made at a local office of my Department. When applying for a PPSN, individuals are asked to complete an application form and to provide documentation to establish their identity and address. They are usually informed of their PPSN by post within five days. In early January, following the accession of Romania to the EU, it emerged that incorrect information and advice and an interpretation service was being provided to certain Romanian applicants for PPSNs by a Romanian citizen resident in Ireland who was charging for this service. The existence of this practice has been reported to An Garda Síochána for investigation and any follow-up action it considers appropriate if evidence of a breach or breaches of the law comes to light. A number of Romanian citizens have been interviewed by officers of the Department and further specific action will be taken in these cases where possible and warranted. My Department issued a statement on 29 January to prevent further exploitation of citizens of Romania. The statement informed them that my Department does not charge for the issue of PPSNs and that, where necessary, translation and interpretation services are provided free of charge. A copy of this statement in Romanian has been posted on my Department's website and arrangements have been made with the Chaplain to the Romanian Community in Dublin to have this information announced at religious services in the city.

Social Insurance.

Olwyn Enright

Ceist:

38 Ms Enright asked the Minister for Social and Family Affairs the number of employers currently availing of the employers PRSI exemption scheme; the number of employees currently covered under the scheme; and if he will make a statement on the matter. [7986/07]

Michael Noonan

Ceist:

44 Mr. Noonan asked the Minister for Social and Family Affairs his views on extending the employers PRSI exemption scheme eligibility rules to cover other employees in addition to those on the back to work allowance; and if he will make a statement on the matter. [7987/07]

I propose to take Questions Nos. 38 and 44 together.

The PRSI exemption scheme was first introduced in 1989 at a time of high unemployment and high emigration. At the time, the scheme had a secondary focus on groups who might have difficulty entering the workforce, however its main aim was generalised job creation, rather than boosting the employment opportunities of disadvantaged groups. Since 2003 the employer's PRSI exemption scheme is aligned directly with the back to work allowance scheme. The scheme exempts employers from their share of the PRSI contribution in respect of recipients of the back to work allowance for the first two years of their employment. The employees' PRSI contributions are payable in the normal way. There is no limit on the number of people the employer can employ under the scheme. Since February 2005, 1,370 employers have availed of the scheme with a total of 1,992 employees covered. The scheme is continually monitored to ensure its relevance to current labour market and economic conditions. The Indecon evaluation of the back to work allowance scheme which was published in December 2000 concluded that the PRSI exemption has little impact on employment decisions. Given the major changes which have occurred in Irish labour market and economic conditions in recent years, I have no plans to extend the scheme to include other employees other than those who are currently on the back to work allowance. I am satisfied that, overall, the current arrangements introduced in 2003 ensure that the scheme supports those who are most distant from the labour market and whose need is greatest. I will continue to keep the scheme under regular review.

National Carers Strategy.

Michael D. Higgins

Ceist:

39 Mr. M. Higgins asked the Minister for Social and Family Affairs the progress made to date with regard to implementation of the 2003 Report of the Joint Committee on Social and Family Affairs on carers; and if he will make a statement on the matter. [7902/07]

Supporting and recognising carers in our society is and has been a priority of the Government since 1997. Over that period, weekly payment rates to carers have been greatly increased, qualifying conditions for carer's allowance have been significantly eased, coverage of the scheme has been extended and new schemes such as carer's benefit and the respite care grant have been introduced and extended. The Joint Committee on Social and Family Affairs Report on the Position of Full Time Carers, which was published in 2003 makes 15 recommendations, some of which relate specifically to my Department and others relate specifically to the Department of Health and Children. The report recommended abolition of the means test for carer's allowance. In line with other social assistance schemes, a means test is applied to the carer's allowance to ensure that limited resources are directed to those in greatest need. This means test has been eased significantly over the years most notably with the disregard of spouse's earnings.

Since April 2006, the income disregard for a couple has been set at €580 per week, which is equivalent to gross average industrial earnings. As a result of the further improvements I announced in Budget 2007, this disregard will increase to €640 per week for a couple from April 2007. This means that a couple with two children will be able to earn approximately €36,000 and still qualify for the maximum rate of carer's allowance and the associated free travel and household benefits. This measure surpasses the Towards 2016 commitment to ensure that those on average industrial earnings continue to qualify for a full carer's allowance. Another of the recommendations was that if a person who is in receipt of a widow/er's pension is giving someone full-time care and attention, that person should be paid a half rate carer's allowance in addition to his or her pension. In Budget 2007 I was pleased to introduce fundamental structural reforms in this area which go beyond this recommendation. In future, people in receipt of certain other social welfare payments who are providing full-time care and attention to a person will be able to retain their main welfare payment and receive another payment, depending on their means, the maximum of which will be the equivalent of a half rate carer's allowance. It is estimated that this measure will benefit approximately 18,000 carers by up to €109 per week, at a cost of €56.72 million in a full year. I have provided for these new arrangements in the Social Welfare and Pensions Bill which I published recently. In Budget 2006 I extend the duration of carer's benefit from 15 to 24 months. This is in line with the recommendations that the 15 month restriction be waived where the person continues to provide care.

The recommended extension of the respite care grant to people in receipt of a social welfare payment other than carer's allowance or benefit and who are providing someone with full-time care and attention was implemented in Budget 2005. That improvement went beyond the report's recommendation, as the respite care grant was extended to all full-time carers regardless of means. With regard to the provision of information, my Department gave the Carer's Association a grant to assist it in producing an information pack for carers. I was pleased to launch that comprehensive pack during the summer. In addition, my Department has recently run an information campaign about the income supports available for carers. This involved a week-long campaign which included advertisements on radio, television and in the print media. The report also recommended the development of a national strategy for carers. I am delighted that one of the key Government commitments in the national partnership agreement, Towards 2016, is the development of a National Carers Strategy. This strategy, which will focus on supporting informal and family carers in the community, will be developed by the end of 2007. All relevant Departments and agencies will be involved and there will be appropriate consultation with the social partners. I am committed to working for, and with, carers to deliver increased benefits, supports, and services for them and their families. The improvements for carers which I announced in Budget 2007 are further evidence of this commitment.

Question No. 40 answered with QuestionNo. 9.

Social Welfare Code.

Jim O'Keeffe

Ceist:

41 Mr. J. O’Keeffe asked the Minister for Social and Family Affairs the benefits PRSI class D contributors are entitled to when they reach retirement age; and if he will make a statement on the matter. [7995/07]

PRSI Class D provides social insurance coverage for permanent and pensionable employees in the public service, other than those who were recruited after 6 April, 1995, doctors and dentists employed in the civil service, Gardai, commissioned army officers and members of the army nursing service. Public servants recruited on or after 6 April 1995 are liable to pay PRSI contributions at the ordinary Class A contribution. As a consequence, the numbers of contributors paying at the modified PRSI Class D rate is falling.

Employments which are insurable at PRSI class D are classified as modified employments. The rate of PRSI payable is 2.35% by the employer with a further 0.9% payable by the employee. The health contribution of 2% may also be payable. The contributions payable by an employee at the modified rate of contribution determines the range of benefits and pensions towards which these contributors can build up entitlement. Subject to having the required number of PRSI contributions, employees who pay Class D contributions can accrue entitlement to the following payments:

a. the widow's/widower's (contributory) pension;

b. the orphan's (contributory) allowance;

c. occupational injuries benefits;

d. bereavement grant, and

e. carer's benefit.

Contributors insured at PRSI class D are not eligible for social insurance based pensions on retirement. This reflects the reduced rate of social insurance contribution which workers have been paying and the fact that the employments are covered under civil service regulations for occupational pensions. There are no plans at present for a further review of the PRSI position of public and civil servants.

Question No. 42 answered with QuestionNo. 25.

Social Welfare Benefits.

Emmet Stagg

Ceist:

43 Mr. Stagg asked the Minister for Social and Family Affairs the progress made in discussions with the EU Commission regarding the possibility of providing free travel passes to Irish pensioners resident abroad; and if he will make a statement on the matter. [7917/07]

The free travel scheme is available to all people living in the State aged 66 years or over. All carers in receipt of carer's allowance and carers of people in receipt of constant attendance or prescribed relative's allowance, regardless of their age, also receive a free travel pass.

The scheme is also available to people under age 66 who are in receipt of certain disability type welfare payments, such as disability allowance, invalidity pension and blind person's pension. People resident in the State who are in receipt of a social security invalidity or disability payment from a country covered by EU Regulations, or from a country with which Ireland has a bilateral social security agreement, and who have been in receipt of this payment for at least 12 months, are also eligible for free travel.

The scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators.

The free travel scheme applies to travel within the State and point to point cross border journeys between here and Northern Ireland. A new All-Ireland Free Travel scheme will commence on 2nd April 2007. This scheme will allow seniors (aged 66 or over) resident in the Republic of Ireland to travel free of charge on all bus and rail services in Northern Ireland. Likewise, seniors (aged 65 or over) in Northern Ireland will travel free on participating services in the Republic of Ireland.

There have been a number of requests and enquiries in relation to the extension of entitlement to free travel in Ireland to Irish born people living outside Ireland, or to those in receipt of pensions from my Department, particularly in the UK, when they return to Ireland for a visit.

I have been advised that it would not be possible to extend entitlement to free travel simply to Irish born people living abroad as to do so would be contrary to European legislation which prohibits discrimination on the grounds of nationality. More recently, the European Commission has indicated that to extend the scheme to people in receipt of an Irish pension could also be considered discriminatory.

I have raised the issue with Commissioner Spidla and officials from my Department met with European Commission officials on two occasions in an effort to clarify the legal issues involved. I am keeping this issue under review and contacts with the European Commission are ongoing.

Question No. 44 answered with QuestionNo. 38.

Social Welfare Appeals.

Enda Kenny

Ceist:

45 Mr. Kenny asked the Minister for Social and Family Affairs the number of appeals awaiting decision in the Social Welfare Appeals Office; the average time it takes for an appeal to be processed; the action he will take to address a backlog; and if he will make a statement on the matter. [7994/07]

There were 5,641 appeals awaiting decisions on 23 February 2006. Work is in progress in these cases at the various stages of the appeals process. 2,853 of those cases are receiving attention in the Appeals Office, 2,295 in my Department while a further 493 cases are awaiting responses from appellants.

The last year for which figures are available is 2005 when the average length of time taken to deal with all appeals, i.e. those decided summarily and by way of an oral hearing, was 20 weeks on average. If allowance is made for the 25% most protracted cases, this average time falls to 13 weeks. Statistics in respect of 2006 are currently being compiled it is not expected those processing times will vary to any significant extent.

The processing time for appeals covers all phases of the appeal process including the submission of comments by the Department's Deciding Officers 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 can arise, normally outside of the control of the Appeals Office, which can have the effect of unduly prolonging the time taken to process appeals. For example, delays can occur where the appellant, sometimes at a late stage in the proceedings, furnishes new evidence which requires investigation or where an adjournment may be sought by the appellant or his or her representatives.

The Social Welfare Appeals Office deals with about 14,000 appeals on an annual basis and the provision of a prompt service remains a major customer service objective and available resources are prioritized to the greatest possible extent so as to achieve the best possible standard of service to its customers.

However, the nature of the service provided is quasi-judicial and the procedures in place for determining appeals are designed to ensure that each case receives full and satisfactory consideration. Consequently, improvements in processing times must be achieved in a manner which is consistent with justice being seen to be done and the need to ensure that every appeal is fully investigated and determined on all its circumstances.

Question No. 46 answered with QuestionNo. 7.

Pension Provisions.

Martin Ferris

Ceist:

47 Mr. Ferris asked the Minister for Social and Family Affairs his views on whether the State pension system is equitable and that it ensures pensioners can live with dignity and not in poverty. [8008/07]

Since taking office this Government has made the needs of older people a priority with the inclusion of several commitments in the Programme for Government aimed specifically at the group. I am very pleased to say that we have delivered on the commitment to increase the State pension to €200 per week by 2007. In addition, the State pension (contributory) has been increased by €16 per week to €209.30 per week. Pension increases have been well ahead of inflation thus ensuring that not only is the real value of pensions maintained but that they are significantly improved in real terms. For instance, since 1996, and including the budget increases, pensions have increased by almost 119%, or about 57% in real terms.

The State pension (non-contributory) is a social assistance scheme which, in common with all other such schemes, features a means test to ensure that resources committed to social assistance payments are used to provide support to and improve the position of those who are most in need. The new enhanced State pension (non-contributory) for those over 66 years, which I introduced at the end of September, features significant improvements in the means test and an incentive of €100 per week of earnings disregarded for pensioners who may wish to earn extra income in employment. I was happy to be able to build on these improvements in Budget 2007 by increasing the basic means disregard to €30 per week, and at the same time enhancing the employment incentives by increasing the earnings disregard to €200 per week. Both of these disregards are doubled for pensioner couples.

Other measures of benefit to older people include last year's increase in the over 80 allowance of €3.60 per week, bringing it to €10 per week and this year's increase in the fuel allowance of €4 per week, bringing the allowance to €18 per week. This represents a doubling of the fuel allowance in the last two years. The household benefits package, which comprises telephone allowance, electricity/natural gas allowance and free TV licence is available to people living in the State aged 66 to 69 years subject to certain conditions, and to over 70s. The electricity/natural gas allowance is of immense benefit to older people who have, in general, greater heating requirements. The value of the natural gas allowance has been increased and the number of free units of electricity increased by 600 units a year to 2,400 units. The household benefits package for a pensioner is currently valued at €985 per year. The free travel scheme, with time restrictions removed and an enhanced All-Ireland package is also of considerable benefit to many pensioners.

The 2005 SILC report published by the CSO, estimates that the level of consistent poverty among older people in 2005 was 3.7% compared to 7% generally. The overall poverty goal in the NAPinclusion is to reduce the number of those experiencing consistent poverty to between 2%-4% by 2012, with the aim of eliminating consistent poverty by 2016. Achievement of this goal is already well advanced in the case of older people.

As the House is aware, the Government is preparing a Green Paper on pensions and it is expected that this will be finalised by the end of this month and published as soon as possible thereafter. The Green Paper will include a discussion of all aspects of our pension system including the contribution that social welfare pensions can make to ensuring an adequate income for older people in retirement which is at the same time sustainable in the long-term. Following the publication of the Green Paper, a consultation process will then take place and the Government will respond to this by publishing a framework for future pensions policy.

Pension Provisions.

Liz McManus

Ceist:

48 Ms McManus asked the Minister for Social and Family Affairs the steps he has taken or plans to take arising from criticism by the Pensions Ombudsman of what he called the theft by employers of pension contributions deducted from employees but not remitted to pension schemes, particularly in the construction sector; and if he will make a statement on the matter. [7908/07]

Brian O'Shea

Ceist:

74 Mr. O’Shea asked the Minister for Social and Family Affairs the steps he will take arising from criticism by the Pensions Ombudsman of what he called the theft by employers of pension contributions deducted from employees but not remitted to pension schemes, particularly in the construction sector; and if he will make a statement on the matter. [7912/07]

I propose to take Questions Nos. 48 and 74 together.

The Construction Federation Operatives Pensions Scheme (now known as the Construction Workers Pension Scheme) operates as a registered employment agreement under the Industrial Relations Acts. There is a statutory obligation on employers to register eligible employees in the scheme and to pay the necessary contributions.

Compliance with the terms of the scheme is enforced through the Construction Industry Monitoring Agency, The Labour Court and the Department of Enterprise, Trade and Employment. The Pensions Board also has a role in relation to the scheme in so far as compliance with the various aspects of the Pensions Act is concerned, and there are a number of provisions in the Act relating to the remittance of pension contributions to scheme trustees.

It is important that employees are in a position to monitor the deduction and remittance of their contributions so that any problems in this area will be apparent as early as possible. Accordingly, employers are required to ensure that a statement is issued to employees at least once a month, and to the trustees or the person to whom the employer remits contributions direct, specifying the amount of contributions remitted on their behalf to trustees.

In relation to defined benefit schemes this statement should specify the amount of employee contribution which has been remitted. In relation to defined contribution schemes the statement should specify the amount of both the employee and employer contribution remitted. This disclosure can be made via the payslip. The actual amount remitted during the period to which the statement relates may be specified on the payslip or, alternatively, where the amount of employee deduction and employer contribution which were specified on the previous payslip have since been remitted, a statement to that effect may be included on or with the payslip.

Employers who deduct pension contributions from employees and who fail to remit these contributions to the scheme trustees are in breach of Section 58A of the Pensions Act. The Pensions Board will investigate all such cases brought to its attention or, alternatively, it is open to a person to make a complaint to the Pensions Ombudsman. The Pensions Ombudsman has, I understand, referred six such cases from the construction sector to the Pensions Board for further investigation and action and these are currently being examined. The primary aim must be to ensure that the contributions are paid so that pension entitlements are not affected. The Board will also consider prosecuting the employers in such cases where there is sufficient evidence available to support such a prosecution. In 2006, almost a quarter of new investigations initiated during the year related to complaints against employers in the construction industry.

In general I am satisfied that the necessary legislation is in place to deal with cases where contributions are not remitted to scheme trustees and that any such cases brought to attention will be fully investigated by the appropriate authorities. I will, however, keep the matter under review.

Social Welfare Benefits.

Fergus O'Dowd

Ceist:

49 Mr. O’Dowd asked the Minister for Social and Family Affairs the number of people in receipt of a free travel pass but who are not eligible for the all-Ireland free travel scheme; the reason for this discrepancy; and if he will make a statement on the matter. [7992/07]

The Programme for Government contains a commitment to the introduction of a scheme of all-Ireland free travel for pensioners resident in all parts of the island of Ireland. I have recently announced the implementation of the all-Ireland free travel scheme commencing from April 2nd which will enable pensioners resident here and in Northern Ireland to travel free of charge on all eligible transport services on the island.

The scheme will extend the existing cross-border free travel arrangements by allowing pensioners over the age of 66 and resident here to travel free of charge on all bus and rail services in Northern Ireland. Likewise, pensioners in Northern Ireland will travel free of charge on transport services in this State. Some 600,000 customers are in receipt of free travel in the Republic of Ireland, of which 430,000 are aged over 66 years. The balance of 170,000 free travel recipients are under the age of 66 and so do not qualify for the new scheme. The All-Ireland Free Travel scheme is based on the existence of criteria of entitlements to free travel North and South for pensioners over 66 and applies only to this category.

The extension of the scheme to an all Ireland free service for over 66s represents a significant expansion in travel opportunities. I will continue to examine any opportunities to further improve and expand on what will, from April 2nd, be a very comprehensive, seamless free travel scheme. Any such additional developments would have to be worked out in conjunction with the authorities in Northern Ireland.

The existing cross-border free travel scheme, introduced in July 1995, continues to apply to all Free Travel Pass holders, to enable them make journeys from a point in the Republic of Ireland to a destination in Northern Ireland.

Social Welfare Fraud.

Pat Rabbitte

Ceist:

50 Mr. Rabbitte asked the Minister for Social and Family Affairs the progress of Operation Gull aimed at curbing cross-border social welfare fraud; and if the operation has been concluded, or if it is ongoing. [7916/07]

Operation Gull is a joint control exercise undertaken periodically at Airports and Ports in the Republic of Ireland, Northern Ireland and Great Britain and the operations involve personnel from the Garda National Immigration Bureau, my Department and the United Kingdom Immigration Service.

A Social Welfare Inspector was assigned to the Garda National Immigration Bureau in July 2004 to assist my Department and the Bureau in the investigation of social welfare fraud and breaches of the Immigration Acts, to provide information and intelligence and to promote the benefits of a multi-agency approach to immigration and employment law enforcement. A second inspector was assigned to the Bureau in August, 2006.

There are no figures available for savings specifically due to Operation Gull. However the work of the Social Welfare Inspectors assigned to the Garda National Immigration Bureau resulted in the termination of 234 social welfare claims in 2004 which achieved savings of EUR 1.46 million, the termination of 591 social welfare claims in 2005 which achieved savings of EUR 2.47 million and the termination of 589 social welfare claims in 2006 which achieved savings of EUR 3.488 million.

Operation Gull is an example of the benefits of inter agency co-operation and my Department will continue to support such operations in every possible way.

Social Welfare Benefits.

Phil Hogan

Ceist:

51 Mr. Hogan asked the Minister for Social and Family Affairs further to Parliamentary Question No. 165 of 14 November 2006, if he will address the matter whereby some women in occupational pension schemes do not accrue benefits while on unpaid maternity leave; and if he will make a statement on the matter. [7968/07]

Under the Maternity Protection Acts 1994 and 2004, a woman may be entitled to statutory minimum maternity leave of 22 weeks. Regulations provide that this is increased to 26 weeks where maternity leave commences from 1 March 2007. Membership of an occupational pension scheme must continue while she is on statutory maternity leave. A member of a defined benefit scheme will continue to accrue pensionable service during the period of this statutory leave. If the employer pays the woman during the statutory maternity leave, she may be required to continue paying employee contributions to the scheme, as appropriate, whether a defined benefit or defined contribution scheme.

If a woman takes additional maternity leave above the statutory minimum and is paid by her employer during this period, her membership of the pension scheme will also continue. However, if she takes additional unpaid maternity leave, then whether or not she continues to accrue retirement benefit depends on the rules of the particular scheme.

In relation to social welfare pensions a PRSI credit is awarded for each week of unpaid maternity leave up to a maximum of 16 weeks and these are reckonable for the purpose of determining entitlement to State contributory pensions.

The requirements in relation to continuing membership of occupational pension schemes support the statutory provisions for maternity leave and I consider that this is a reasonable approach. In the circumstances, I have no plans to increase obligations on employers in this area. However, the matter will be kept under review.

Question No. 52 answered with QuestionNo. 25.
Question No. 53 answered with QuestionNo. 22.
Question No. 54 answered with QuestionNo. 20.
Question No. 55 answered with QuestionNo. 11.
Question No. 56 answered with QuestionNo. 25.

Social Welfare Benefits.

Caoimhghín Ó Caoláin

Ceist:

57 Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs if there will be changes to the criteria to qualify for the back to education allowance in view of the fact that the qualifying age limits militates against young mothers. [8003/07]

The back to education allowance (BTEA) is designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the work force. It is a second chance education opportunities scheme designed to encourage those who have been out of education to return to education.

The BTEA is essentially a social welfare replacement income which is paid at a standard weekly rate equivalent to the maximum rate of the relevant social welfare payment that qualifies the applicant for participation in the scheme.

At present, to qualify for participation in the BTEA scheme an applicant must be at least 21 years of age (18 for people with disabilities). However lone parents and others may access the scheme at 18 years if they are out of formal education for 2 years or more.

An applicant must also be in receipt of a relevant social welfare payment for at least six months, in the case of people wishing to complete a second level course, or twelve months in the case of people wishing to pursue third level qualifications. The twelve month requirement is reduced to nine in the case of people who wish to attend a third level course and who are participating in the National Employment Action Plan process.

The eligibility criteria for participation in the scheme are considered reasonable and necessary in order to ensure that resources are targeted at those who are most in need.

The granting of a special concession to young mothers to access the BTEA scheme would have to have general application on grounds of equity to all unemployed people and people with disabilities. This would have significant cost implications which could only be considered in a budgetary context. Such a change would also have implications for other schemes requiring a similar attachment to a relevant social welfare payment.

The provision of support for young mothers to stay in education is primarily a matter that should be addressed through the education system. With regard to first chance education, my colleague, the Minister for Education and Science has already in place a number of programmes for young mothers wishing to stay in education i.e. the home tuition scheme, the vocational training opportunities scheme (VTOS) and youthreach.

I am satisfied that, overall, the current arrangements ensure that my Department's back to education allowance scheme continues to support those who are most distant from the labour market, including young mothers. The scheme is kept under regular review to ensure that it continues to support those most in need.

Social Welfare Code.

Joe Costello

Ceist:

58 Mr. Costello asked the Minister for Social and Family Affairs his views on the recommendation of the Law Reform Commission that same sex cohabitants should be treated in the same way as opposite sex cohabitants for social welfare payments; and if he will make a statement on the matter. [7899/07]

Two important pieces of work have recently been completed regarding different types of partner relationships and how they should be treated and recognised in Irish society. The first report an ‘Options Paper, presented by the Working Group on Domestic Partnership' to the Tanaiste and Minister for Justice, Equality and Law Reform, focuses on different types of cohabiting relationships, both same and opposite sex, and presents a range of options with regard to giving legal recognition to these relationships. Officials from my Department contributed to the work of this Group.

The second report — the ‘Report of the Law Reform Commission on the Rights and Duties of Cohabitants' — makes substantial recommendations for reform of the law concerning cohabitants including both opposite sex or same sex couples who live together.

These reports come at a time of wide public debate on the question of according legal status to cohabitants generally, and same sex couples in particular, and will contribute to the informed debate on these important topics.

In addition, my own Department is currently carrying out a technical review of the entire social welfare code to examine its compatibility with the Equal Status Act, 2000 (as amended). The review will examine the schemes and services provided for both in social welfare legislation and the administrative schemes operated by the Department. It will identify any instances of direct or indirect discrimination, on any of the nine grounds under the Act, including: gender, sexual orientation, marital status and family status that are not justified by a legitimate social policy objective or where the means of achieving that objective are either unnecessary or inappropriate.

This work, together with the reports I have referred to, will contribute to informed planning and policy making to ensure that the social welfare system reflects the needs and expectations of citizens and is equitable in meeting those needs.

Pension Provisions.

Bernard J. Durkan

Ceist:

59 Mr. Durkan asked the Minister for Social and Family Affairs the extent to which he and his Department have examined the various options for awarding non-contributory pensions to Irish missionaries resident overseas; the number of possible eligible applicants at present; and if he will make a statement on the matter. [7945/07]

Bernard J. Durkan

Ceist:

182 Mr. Durkan asked the Minister for Social and Family Affairs the extent to which an examination has been carried out to an entitlement to means tested non-contributory pension in respect of missionaries now retired but still living overseas; and if he will make a statement on the matter. [8231/07]

Bernard J. Durkan

Ceist:

183 Mr. Durkan asked the Minister for Social and Family Affairs the discussions that have taken place within his Department with a view to provision of non-contributory old age pension to missionaries living overseas but visiting here on an annual basis; and if he will make a statement on the matter. [8232/07]

I propose to take Questions Nos. 59, 182 and 183 together.

My Department operates two main types of pension scheme — contributory and non-contributory payments. Contributory payments are paid on the basis of social insurance contributions made over a person's working life. Missionaries who have made sufficient social insurance contributions can qualify for the state pension (contributory). These pensions are payable abroad and so missionaries who qualify and who choose to settle overseas can receive a payment.

Non-contributory pensions are only payable where a person is resident in this country. Accordingly, missionaries who return here and who satisfy the habitual residence condition and a means test can qualify for a pension.

The question of paying pensions to missionaries who remain abroad was first raised in the context of a submission to the Joint Oireachtas Committee on Foreign Affairs by the Irish Missionary Union. The Union estimates that there are some 1,800 missionaries serving abroad, including about 1,000 who are already over pension age. Subsequently, officials of my Department made a presentation to the Committee on the issue. Following that presentation, the Chairperson of the Committee decided to establish a working group to look at the issues raised in more detail.

The Department prepared a report on the issues in question in consultation with the Department of Foreign Affairs and submitted this to the Committee. The report examines the question of pensions for missionaries and the wider issue of social insurance for volunteer development workers in general. The Committee requested that certain matters in the report be examined further and this is at present being done in consultation with the Department of Foreign Affairs. It is expected that this process will be completed shortly and the results will be communicated to the Committee.

With regard to claims for state pension (non-contributory) from missionaries returning here on a temporary basis, the position is that such claims are subject to the habitual residence condition. Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances of each case. The application of the habitual residence condition has to be compatible with EU law and other international and national legal obligations and it is not possible in applying the condition to discriminate in favour of any particular group or nationality. Accordingly, it is not possible to waive the requirement in respect of Irish missionaries who return home on temporary visits. Missionaries retiring here permanently are deemed to satisfy this condition.

Question No. 60 answered with QuestionNo. 6.

Social Welfare Payments.

Pat Rabbitte

Ceist:

61 Mr. Rabbitte asked the Minister for Social and Family Affairs if the estimated increase in the cost of welfare claims in 2008 arising from the entitlement of EU migrant workers to the new child care supplement and child benefit; the level of increase in applications for such benefits that has been evident since the beginning of 2007; his views on these increases; and if he will make a statement on the matter. [7915/07]

EU migrant workers have an entitlement to Child Benefit and other "Family benefits" including Early Childcare Supplement (ECS) under EU Regulation 1408/71. Where a national of an EU State is working in Ireland, the worker is entitled to payment of such benefits, even if the children are resident in the worker's home country.

Applications for family benefits from EU migrant workers who come to live in Ireland with their families are dealt with under domestic legislation. Entitlement to Child Benefit is based on the applicant satisfying the Habitual Residency condition and the child being ordinarily resident in Ireland.

Currently there are over 34,000 EU nationals in receipt of Child Benefit for 61,000 children who are resident with them in Ireland. Of these recipients, some 16,500 are UK nationals, with a further 13,500 recipients from the ten States that joined the EU in 2004.

EU nationals who come to work in Ireland but whose families remain in their home country may have an entitlement to Family Benefits in Ireland under EU Regulation 1408/71. Before payment of Child Benefit is made for non-resident children it is necessary to contact the authorities in the country of residence of the children to confirm details and establish what, if any, family benefits are payable there.

This process can take a number of months to complete and, as a result, the number of claims that has been finalised to date is relatively small. There are approximately 15,000 claims at various stages of processing and awaiting finalisation. The number of claims to Child Benefit and potentially Early Child Supplement in respect of non resident children of EU nationals has, since the start of 2006, averaged about 300 per week.

Child Benefit is in payment under EU regulations to 680 families, in respect of 1625 children resident outside of the Republic of Ireland. Some 87% of these children are resident in the UK.

The child benefit expenditure for EU migrants with non resident children in respect of 2007 will depend on a number of factors which are difficult to determine until the claims in question are finalised. Assuming, however, that the claims received have full entitlement including arrears, and that the current trend in new claims being received continues, it is estimated that expenditure on these claims would be around €85m or 3.9% of overall child benefit expenditure.

The total cost in 2008 is also difficult to estimate but on a similar basis and on current trends, the potential accrued cost could be of the order of €130m.

The estimates in respect of early childcare supplement are €27m in respect of 2007 and €30m in respect of 2008.

Question No. 62 answered with QuestionNo. 25.
Question No. 63 answered with QuestionNo. 27.
Question No. 64 answered with QuestionNo. 14.
Question No. 65 answered with QuestionNo. 22.
Questions Nos. 66 and 67 answered with Question No. 14.

Bernard J. Durkan

Ceist:

68 Mr. Durkan asked the Minister for Social and Family Affairs the extent to which he or his Department have examined the prospect of making a full occupational injury payment to sufferers of pneumoconiosis currently deemed to be affected to the extent of 10% or less; if his attention has been drawn to the procedures applicable in other jurisdictions in such cases; and if he will make a statement on the matter. [7946/07]

Bernard J. Durkan

Ceist:

179 Mr. Durkan asked the Minister for Social and Family Affairs if he has met with, is willing to meet or intends to meet sufferers of pneumonocosis with a view to awarding full occupational injury payments to those now deemed to suffer from the illness regardless of the extent to which they are affected; and if he will make a statement on the matter. [8228/07]

Bernard J. Durkan

Ceist:

180 Mr. Durkan asked the Minister for Social and Family Affairs the extent to which he has reviewed applicants or recipients of pneumonocosis with a view to easing the conditions for qualification; and if he will make a statement on the matter. [8229/07]

I propose to take Questions Nos. 68, 179 and 180 together.

Pneumoconiosis is a prescribed disease for the purpose of the Occupational Injuries scheme administered by my Department. The legislation governing the Occupational Injuries Scheme provides entitlement to benefit for persons suffering from certain prescribed diseases which are listed in the legislation and where that person has contracted that disease in the course of their employment.

Where a person has contracted one of the diseases listed in the legislation, benefits are payable if they were employed in an occupation which is specifically prescribed in relation to that disease. In addition, benefits may be payable if the claimant can show that the disease was contracted through an employment not specifically prescribed in relation to that disease.

Employment under a contract of service is insurable for Occupational Injuries Benefit under the Social Welfare Acts. Persons who are unable to work due to an accident arising from their employment may be entitled to occupational injury benefit for the first 26 weeks of their claim. If their incapacity extends beyond that period they may receive Disability Benefit or Invalidity Pension, subject to meeting the qualifying conditions for these payments.

Persons may be entitled to Disablement Benefit if they suffer a loss of physical or mental faculty as a result of an accident at work or a disease prescribed in legislation that they contracted at work. Medical assessments are undertaken in all such cases to determine the degree of disablement, which is calculated by comparison of the state of health of the applicant with a person of the same age and gender.

Persons claiming Occupational Injuries Benefit in cases of Pneumoconiosis are referred to Consultant Respiratory Physicians in the first instance for an examination and report. This examination consists of a clinical assessment and pulmonary function testing (PFT). Disablement benefit is awarded on the basis of the consultant's report, including the pulmonary function test result. The degree of disablement is expressed as a percentage of loss of faculty and the compensation payable varies accordingly.

Loss of faculty may be determined within a range of less than 1% to 100%, depending on the severity of the condition. There are 22 persons currently in receipt of disablement benefit as a result of contracting pneumoconiosis arising from their occupation, of which 19 are former miners. The percentage of disablement assessed ranges from 8% to 90%. A person must be assessed as having a minimum of 20% loss of faculty before they may be considered as being incapable of work due to their disablement. A person in receipt of disablement benefit may at any time request a review of their award.

The arrangements which apply to pneumoconiosis under the occupational injuries scheme are in line with practice elsewhere and there are no plans at present to change those arrangements. My officials will be glad to meet with representatives of the group involved to discuss any concerns in relation to the present arrangements.

Departmental Advertising.

Róisín Shortall

Ceist:

69 Ms Shortall asked the Minister for Social and Family Affairs his views on a national advertising campaign to promote greater awareness of social welfare entitlements, similar to the campaign being run by the Revenue Commissioner to promote greater awareness of tax allowances; and if he will make a statement on the matter. [7919/07]

My Department aims to ensure that all citizens are made aware of their rights and entitlements and that they are kept informed of changes and improvements in schemes and services as they occur. The provision of information in a clear and accessible manner is an essential element in the achievement of this objective.

My Department takes a pro-active approach in advertising its schemes and services by using a mix of national and provincial media, information leaflets, factsheets, posters, direct mailshots, advertising on television screens in over 60 Credit Unions nationwide, and by distributing information booklets to health centres throughout the country.

National advertising campaigns are undertaken periodically to promote greater awareness of a specific scheme or to highlight changes in schemes and services. The following campaigns were undertaken in 2006:

In March, my Department undertook a nationwide awareness campaign to promote and encourage take up of the Family Income Supplement (FIS) scheme. There was an increase of 82% in new claims and 32.5% in renewals for the period March to December 2006 compared with the same period in 2005.

In August, the Back to School Clothing and Footwear Allowance was advertised in national and regional newspapers.

During the last week of September, an information campaign was conducted on television, on national and local radio and in national and regional newspapers to raise public awareness of the Carer's Allowance, Carer's Benefit and the Respite Care Grant schemes designed to provide supports for carers. This campaign proved very successful with, for example, an increase from 2005 to 2006 of 70% in the number of Respite Care grants issued.

My Department's PRSI information emailing service was advertised in the business supplements of the national newspapers in late November/early December. Early notification, by email, of PRSI changes such as Budget Information is provided to those who register their email addresses on my Department's website.

As part of the Budget awareness campaign, as in previous years, advertisements were placed in the national and regional newspapers in December listing phone numbers, including a Budget Freephone number, which customers could contact to receive information on changes in the various social welfare schemes and services.

The first targeted advertising campaign of 2007 has been conducted over the last two weeks regarding All Ireland Free Travel. The All Ireland Free Travel Scheme will enable citizens aged 66 or over to travel free within Northern Ireland with effect from the 2nd of April, 2007. Advertisements informing older people of their entitlements in this regard have been published in Sunday, National and Provincial newspapers and will be included in the next edition of the Senior Times magazine.

A LoCall helpline (1890 66 22 44) is provided for all campaigns. In addition to the LoCall number, the campaigns also highlight other sources of information available to the public, including my Department's website (www.welfare.ie), and my Department's network of Social Welfare Local Offices and the information services available through the network of Citizens Information Centres, including the Citizen Information phone service and website facility (www.citizeninformation.ie). The responses to the campaigns have been encouraging and resulted in increases in the number of applications received for the various schemes.

In view of the range of services available from my Department it would not be possible to highlight all of them in a single advertising campaign. Therefore, nationwide targeted advertising campaigns, focusing on specific schemes and services, will continue to be a key priority for me in the drive to ensure that citizens are aware of and claim their social welfare entitlements.

Question No. 70 answered with QuestionNo. 22.
Question No. 71 answered with QuestionNo. 29.
Question No. 72 answered with QuestionNo. 14.

Social Welfare Benefits.

Ivor Callely

Ceist:

73 Mr. Callely asked the Minister for Social and Family Affairs if a homeless person is entitled to a social welfare payment; the procedure to obtain such a payment; and if he will make a statement on the matter. [7797/07]

Homeless people have the same entitlements as any other Irish citizen under the social welfare system. If they are unemployed but capable of and genuinely seeking work, then they can apply for job seekers allowance. A person makes a claim to job seekers allowance by completing a claim form at the Department's local office. Homeless people can be paid basic allowance under the supplementary welfare allowance scheme if they do not fulfil the conditions for any other primary weekly payment from my Department.

In addition, they can also apply for payments such as rent supplement, diet supplement and exceptional needs payments. In order to claim any payment under the supplementary welfare allowance scheme a person should contact their local community welfare officer.

One of the most important supports provided to homeless people through the social welfare system is assistance with rent deposits to enable them to secure private rented accommodation. In excess of 8,800 rent deposits were paid out under the supplementary welfare allowance scheme in 2006 at a cost of some €4.7 million.

Homelessness is one of the major problems facing our society and the Government is committed to addressing it in a comprehensive and co-ordinated manner. Substantial progress is being made under the Government's strategy on adult homelessness, in addressing the needs of people who are homeless and in assisting them to move to accommodation that is suitable to their needs. This has been done through the recognition that a solution to homelessness is not just about the provision of housing or shelter and that there is a need for a comprehensive approach involving health, care and welfare, education, training and support, as well as accommodation, to enable homeless persons to re-integrate into society and to prevent others from becoming homeless.

Question No. 74 answered with QuestionNo. 48.

Social Welfare Code.

Michael Noonan

Ceist:

75 Mr. Noonan asked the Minister for Social and Family Affairs the number of people who availed of PRSI refunds on maintenance payments in 2006; the amount of money refunded; and if he will make a statement on the matter. [7988/07]

In the case of a separated person who makes an enforceable maintenance payment, PRSI is levied at the point at which it is earned as part of the person's earnings/income and also as income in the hands of the receiving spouse.

To prevent a double payment of PRSI in such cases, Section 37 of the Social Welfare Consolidation Act 2005 provides for the return of any employment contribution, self-employment contribution, voluntary contribution or optional contribution to the maintenance payer.

During 2006 refunds of PRSI in this category totalling €81,080.51 were made to 42 persons.

Question No. 76 answered with QuestionNo. 27.

Bernard Allen

Ceist:

77 Mr. Allen asked the Minister for Social and Family Affairs the schemes under which the direct payment of the qualified adult allowance to qualified adults will be made; the schemes to which the direct payment will not apply; his plans to extend the direct payment in respect of all schemes; and if he will make a statement on the matter. [7969/07]

A person who is in receipt of a social welfare payment may claim an increase in respect of a dependent spouse or partner. This increase, known as the Qualified Adult Allowance (QAA), is normally paid as a single amount with the primary payment to the claimant.

In recent years the question of paying the QAA direct to the adult dependant has been raised in a number of reports, the intention being to provide the dependant with a level of economic freedom. Significant changes have been made in the social welfare code, over the years to ensure as many people as possible qualify for a social welfare payment in their own right.

The qualifying conditions for a pension have been significantly eased, for example through reducing the minimum yearly average of contributions required to qualify for a pension and the introduction of homemaker credits for the benefit of people of working age engaged in home duties.

In the case of the State pensions (non-contributory) (SPn/c), the means of the couple are jointly assessed and where both are over the age 66, each receives a pension in his/her own right.

I am aware that, while the situation of people qualifying for pensions in their own right has increased, there is still a large number of adults dependent on their spouses' social welfare payment for support.

In October 2002, my Department introduced arrangements to pay the QAA on request to the spouse or partner of new claimants of State Pension (contributory) (SPC) or State pension (Transition) (SPT). Since these arrangements were introduced, some 1,400 couples have indicated their preference to have the QAA paid separately.

In the Budget of December 2006, I announced significant improvements in the rate of payment for qualified adults on State pensions and important changes in the way these payments will be made in the future. The Programme for Government contains a commitment "to introduce a personal pension entitlement for pensioner spouses currently in receipt of the qualified adult allowance," and the changes introduced in this budget mark a significant step in this regard.

Following the changes announced in the Budget, new qualified adults will receive their portion of the pension direct. However, customers who wish to be paid their pension jointly will be able to opt for joint payment. The revised arrangements will apply to all new applicants for SPT, SPC and SPn/c with effect from September 2007. Operational arrangements for this initiative are currently being developed in my Department and will be finalised in advance of the implementation date.

The position regarding people of working age is less straight forward and separate payment may be appropriate for certain schemes. I am having this matter kept under review in my Department.

Paul Nicholas Gogarty

Ceist:

78 Mr. Gogarty asked the Minister for Social and Family Affairs when the recently announced audit of the welfare code will take place to ensure its compatibility with welfare legislation. [7928/07]

The purpose of the review of the social welfare code, which is currently being undertaken in my Department, is to examine its compatibility with the Equal Status Act, 2000 (as amended). The review will examine the schemes and services provided for both in social welfare legislation and the administrative schemes operated by the Department. It will identify any instances of direct or indirect discrimination, on any of the nine grounds under the Act — gender, marital status, family status, sexual orientation, disability, religion, age, race and membership of the Traveller community — that are not justified by a legitimate social policy objective or where the means of achieving that objective are either unnecessary or inappropriate.

A decision was taken after considerable background work and consultation with the Department of Justice, Equality and Law Reform that the review would take place in two phases. Phase 1 involved the undertaking of a scoping exercise to establish the most appropriate approach and methodology to carrying out the main review, which would be robust and verifiable. That exercise, which was carried out by consultants following a tendering process, is now complete. My Department has taken the decision that the main review should be put out to tender. The request for tender document is currently being prepared using the material produced in Phase 1 as the basis for the terms of reference of the review. It is anticipated that the request for tender for the Review will be placed on the Government e-tender website and in the Official Journal of the European Union later this month.

Question No. 79 answered with QuestionNo. 30.

Pension Provisions.

Richard Bruton

Ceist:

80 Mr. Bruton asked the Minister for Social and Family Affairs the comparison between pensioner incomes here and pensioner incomes in each of the other EU countries and the EU average respectively; and if he will make a statement on the matter. [7966/07]

Comparisons with pensioner incomes in other countries can be difficult because of the different ways in which Governments provide for older people and because of different demographic, economic and social situations in each country.

The following table, prepared by the EU Commission, compares the median equivalised income of people aged 65 and over with the general population under 65 in each of the EU Member States. The figures range from 55% to 113% with Ireland at 62%. In evaluating the relative position of pensioners, only monetary income (notably deriving from the pensions system) is taken into account. The wealth of pensioners, in particular home ownership and private savings, which have a strong impact on the income distribution of pensioners, is not taken into account. Non-monetary benefits such as free healthcare and transport are also excluded.

The information set out in the table derives from the EU synthesis report on adequate and sustainable pensions for 2006 and is largely based on EU SILC 2004 which refers to income data for 2003. Since then pensions in Ireland have increased by 33% in the case of contributory pensions and 39% for non-contributory pensions.

The Government is concerned about the adequacy of retirement income and, as the House will be aware, a major review of our pensions system was published in 2006 by the Pensions Board together with a report on possible options for a mandatory pensions system. The Government is committed to producing a Green Paper on pensions as part of the social partnership agreement Towards 2016 and future pensions policy will now be examined in that context. The Green Paper will outline the major policy choices, the challenges in this area and the views of the social partners.

The two reports completed by the Pensions Board are significant inputs to the Green Paper. It is expected that it will be finalised by the end of March and published as quickly as possible thereafter. In line with Towards 2016, a consultation process will follow the publication of the Green Paper and the Government will respond to this by publishing a framework for future pensions policy.

Table 2.1 Adequate and Sustainable Pensions Synthesis Report 2006 (EU)

Income of people aged 65+ compared to that of those aged 0-64 (in percentage points).

Country

Relative Median Equivalised Income of people aged 65+ compared to those aged 0-64

Belgium

76

Czech Republic

83

Denmark

71

Germany

88

Estonia

76

Greece

78

Spain

77

France

90

Ireland

62

Italy

95

Cyprus

55

Latvia

80

Lithuania

89

Luxembourg

101

Hungary

87

Malta

90

Netherlands

84

Austria

93

Poland

113

Portugal

76

Slovenia

87

Slovakia

89

Finland

75

Sweden

77

United Kingdom

74

Public Service Cards.

Simon Coveney

Ceist:

81 Mr. Coveney asked the Minister for Social and Family Affairs the progress and development his Department has conducted into the new public service card which is provided for in the Social Welfare and Pensions Bill 2007; and if he will make a statement on the matter. [7974/07]

My Department, together with the Department of Finance, is managing a programme of work to develop a Public Service Card framework. The programme of work is known as SAFE — Standard Authentication Framework Environment. The term "framework" is being used to emphasise that a single Public Service Card is not envisaged but rather a branded standard within which individual initiatives can operate.

My Department is developing Public Service Cards, based on the SAFE standards, which will replace the existing Social Welfare Card with a view to issuance commencing in 2007. The provisions in the Bill referred to by the Deputy provide the necessary statutory basis for this.

One of the objectives of SAFE is to facilitate convergence over time of existing cards and other tokens under a single branded scheme. The individual customer will benefit from a reduction in the number of tokens required and from enhanced control of the use of their data. Agencies can benefit from the streamlining of existing schemes and sharing of administrative costs.

In July 2005, the SAFE Interdepartmental Steering Group reported to the Government. The Government noted the work of the SAFE Programme up to that point, which included a set of standards around a Public Service Card, and approved continuation of the work. In November 2005, the Department invited proposals for the development of a functional specification for a Public Services card and subsequently awarded a contract.

The present position is that a draft functional specification for the public service card itself has been drawn up and is being discussed with other Departments. It is planned to go to tender for card production in March with a view to card issuance towards the end of this year.

The first version of the card will be deployed for use among the 640,000 people eligible for Free Travel and will introduce a number of improvements, including an improved registration process along with new card technology, which will bring improved customer service and better security features, considerably reducing the potential for forgery and fraudulent use.

Question No. 82 answered with QuestionNo. 26.

Social Welfare Benefits.

Aengus Ó Snodaigh

Ceist:

83 Aengus Ó Snodaigh asked the Minister for Social and Family Affairs if he will address the anomaly whereby Family Income Supplement is only paid to those in work and not in training. [8006/07]

Family income supplement (FIS) is designed to provide cash support for employees on low earnings with families. This preserves the incentive to remain in employment in circumstances where the employee might only be marginally better off than if he or she were unemployed and claiming other social welfare payments. FIS is paid on a weekly basis over a period of 52 weeks, taking into account a family's net earnings and the number of children under age 18 or aged between 18 and 22 years and in full time education.

FIS is designed to encourage people to take up or remain in full-time work in the open labour market in circumstances where dependency on social welfare alone may otherwise appear attractive. Extension of entitlement to people engaged in training courses would not be consistent with these policy objectives.

Dan Boyle

Ceist:

84 Mr. Boyle asked the Minister for Social and Family Affairs his views on whether it is timely to conduct a feasibility review into the introduction of universal child benefit payments particularly in view of the recent claim made by the End Child Poverty Alliance that there are over 2000 seeking asylum here who have been denied the payment. [7925/07]

Child benefit can be paid in respect of every child under the age of 16 years, who is ordinarily resident in the State. Payment can be extended to the 19th birthday if the child is in education, or disabled and incapable of self-support. The benefit is paid to the qualified person with whom the child resides and since 1 May 2004, the qualified person must satisfy the Habitual Residence Condition.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States without the transitional limitations which were imposed at that time by most of the other Member States. The effect of the condition is that a person whose habitual residence is elsewhere is not paid social welfare payments on arrival in Ireland.

EU Regulations provide that migrant workers who are EEA nationals, i.e. EEA nationals who have been employed or self-employed since coming to this country, or receiving Irish Jobseeker's benefit, are entitled to payment of family benefits in respect of their families who reside in another Member State. In these circumstances the family members are treated as if they are habitually resident in Ireland for the purpose of Child Benefit.

For the period from 1 May 2004 to 31 January 2007, the number of child benefit claims that required particular examination of the habitual residence condition was 16,092. Of these only 1,557 (less than 10%) were disallowed. Those who are refused are mainly persons whose claim to asylum has not yet been decided, who do not have a work permit or who have only a minimal attachment to the workforce in Ireland.

I am satisfied that the habitual residence condition is achieving its intended purpose, allowing access to our social welfare schemes to persons who are genuinely and lawfully making Ireland their habitual residence, while preventing unwarranted access by persons who have little or no connection with the State. I have therefore no plans to remove the habitual residence condition.

Anti-Poverty Strategy.

Jimmy Deenihan

Ceist:

85 Mr. Deenihan asked the Minister for Social and Family Affairs the way he will ensure that the forthcoming National Action Plan for Social Inclusion is effectively implemented at local level; and if he will make a statement on the matter. [7997/07]

Jack Wall

Ceist:

93 Mr. Wall asked the Minister for Social and Family Affairs the main features of the National Action Plan for Social Inclusion launched on 21 February 2007; the amount of funding that will be available under the plan; and if he will make a statement on the matter. [7893/07]

I propose to take Questions Nos. 85 and 93 together.

In keeping with the approach taken in the original 1997 National Anti-Poverty Strategy, the new National Action Plan for Social Inclusion 2007-2016 (NAPinclusion) adopts a coordinated approach across a range of policy areas. This reflects the complex nature of poverty and social exclusion, which is multi-faceted in both its causes and effects. The Plan, building on the lifecycle approach adopted in the social partnership agreement, ‘Towards 2016', and complemented by the social inclusion elements of the National Development Plan 2007-2013 (NDP), assesses the risks which individuals face at each stage of the lifecycle and the supports they need to meet these risks. The lifecycle stages are children, people of working age, older people and people with disabilities, and there is also a specific related section on supports for communities.

The overall poverty goal in the Plan is to reduce the number of those experiencing consistent poverty to between 2 per cent and 4 per cent by 2012, with the aim of eliminating consistent poverty by 2016. The Plan also identifies 12 high level strategic goals in certain key priority areas in order to mobilise resources to address long-standing and serious social deficits to achieve the overall objective of reducing consistent poverty. The high level goals, which also form part of the NDP, are accompanied by over 150 more detailed targets and actions across all stages of the lifecycle.

In order to ensure effective implementation of these targets and actions the NAPinclusion provides for a comprehensive and efficient monitoring and reporting process, the key element of which will be the preparation by the Office for Social Inclusion, based in my Department, of an annual Social Inclusion Report.

To ensure that the NAPinclusion is effectively implemented at a local level, the Local Government Social Inclusion Steering Group will be further developed to support the linkages between both the national and local level and will report on progress to the Cabinet Committee on Social Inclusion.

Local partnership structures will be strengthened over the lifetime of the Plan. Of key importance will be the need to promote linkages, cohesion and sharing of resources between local and community development agencies. Any new measures in this area will affirm the role of the County/City Development Boards as the key co-ordinating bodies for public service delivery at local level and the means of ensuring more joined-up delivery of social inclusion programmes on the ground.

Specific actions to strengthen implementation at local level include the extension of Social Inclusion Units to half of all city and county councils by the end of 2008. It also includes the enhancement and strengthening of the RAPID programme which provides direct State assistance towards improving quality of life and access to opportunities for communities in the most disadvantaged urban areas.

The resources for meeting most of the objectives for the NAPinclusion will be allocated in the annual Budgetary context especially for the mainstream services such as social welfare, employment supports, education, health, care services and transport. There is a total investment of €50 billion provided for social inclusion measures in the NDP. This investment will fund many of the elements contained in the NAPinclusion. Investment under other areas of the NDP is also significant from a poverty and social inclusion perspective. These include over €21 billion for housing; €5 billion for investment in health services; €5 billion in schools development and €13 billion in higher education; €2 billion for sport and culture; €4.9 billion for targeted training and supports to groups outside the labour market; €2.9 billion for training and up skilling for people in employment, for improvements in the apprenticeship system and for the provision of opportunities for school leavers; and a €90 million investment in expanding the Rural Transport Initiative.

Taken together with the NDP and Towards 2016, I believe that the NAPinclusion represents a coherent and ambitious strategy that will make a decisive impact on poverty over the next 10 years greater than for any previous comparable period and that will deliver real improvements in living standards and well being for those most vulnerable in our society.

Social Welfare Benefits.

Gay Mitchell

Ceist:

86 Mr. G. Mitchell asked the Minister for Social and Family Affairs further to Parliamentary Questions Nos. 53 and 93 of 14 December 2006, regarding a research project into the low take up rates of the family income supplement, if the tendering process has been completed and research project begun; and if he will make a statement on the matter. [7979/07]

The Family Income Supplement (FIS) provides income support for employees on low earnings with families. This preserves the incentive to remain in employment in circumstances where the employee might only be marginally better off than if he or she were claiming other social welfare payments. There are currently 21,971 people in receipt of FIS. In Budget 2007, I have continued the re-focusing of income thresholds to include additional gains for larger families.

The reasons for the perceived lack of take-up of FIS have been the subject of significant Parliamentary and other enquiry. In response, my Department undertook a nationwide awareness campaign in March 2006 to promote and encourage increased take up of the scheme for working families on low incomes. 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. As a result, the take up of FIS was substantially improved.

The second element to address FIS take up issues is the proposed commissioning of a specific research project to examine factors behind the level of take up for the scheme.

Tenders to undertake this work have been received by my Department and these are being evaluated. I expect this process to be concluded shortly and the project to commence in the next few weeks.

Anti-Poverty Strategy.

Caoimhghín Ó Caoláin

Ceist:

87 Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs his views on the reaction by Age Action to the new National Action Plan for Social Inclusion 2007 to 2016 and their disappointment in that it throws little light on the way it is going to address the high number of pensioners at risk of poverty. [8007/07]

In keeping with the approach taken in the original 1997 National Anti-Poverty Strategy, the new National Action Plan for Social Inclusion 2007-2016 (NAPinclusion) adopts a coordinated approach across a range of policy areas, reflecting the complex nature of poverty and social exclusion, which is multi-faceted in its causes and effects. The Plan, building on the lifecycle approach adopted in the social partnership agreement, ‘Towards 2016', and complemented by the social inclusion elements of the National Development Plan 2007-2013 (NDP), assesses the risks which individuals face at each stage of the lifecycle and the supports they need to meet these risks. Older people are specifically identified as one of the key life stages in the lifecycle approach.

The vision in the Plan for older people is two fold. Income support will be provided and increased at least in real terms to ensure an adequate standard of living. Supports will be provided and further developed to enable them maintain their health and well-being, as well as to live active and full lives in their own homes and communities for as long as possible.

The high level goals for older people focus on these two areas. The Plan states that investment in community care services for older people will continue to increase, including home care packages and enhanced day care services. The minimum payment rate of €200 per week, in 2007 terms, for all social welfare pensions will be maintained over the course of this Plan and, if possible, enhanced.

The overall poverty goal in the Plan is to reduce the number of those experiencing consistent poverty to between 2 per cent and 4 per cent by 2012, with the aim of eliminating consistent poverty by 2016. The Government in setting the new poverty reduction target has accepted the advice of the ESRI to use an updated set of deprivation indicators, which focus to a greater degree on items reflecting social inclusion and participation in society. This will see the current measure, based on lacking one or more items from an 8-item index, changing to one based on lacking two or more items from an 11-item index. This revised set of indicators will be used to measure consistent poverty over the course of the new NAPinclusion.

The rate of consistent poverty for older people at just below 4 per cent is lower than that for people of working age at 5.9%. Reasons for this include the fact that older people:

experience lower housing costs;

benefit from the value of non cash benefits;

are more likely to be able to draw on accumulated resources; and

are particularly likely to enjoy support from family members.

The "at risk of poverty" indicator used by the EU does not measure poverty as such, but rather the numbers in households with incomes below 60% of median income, who are deemed to be at risk of poverty. This does not take into account the other resources or access to resources that people have. In the case of older people that would include the benefits flowing from their high level of home ownership, which is much higher than in many other developed countries. It also does not take into account the access older people have to a wide range of services that greatly improve their standard of living and well being.

Neither does the headline "at risk of poverty" threshold reflect the degree to which the incomes of older people are below the threshold. In 2005, of those older people classified as at risk of poverty only 7.2%, or a third, had incomes below the 50% threshold, with the majority having incomes just below the 60% threshold. Taken together with the fact that just 3.7% are classified as being at risk of poverty, the "at risk of poverty" indicator currently gives a misleading impression of the extent of poverty among older people in Ireland.

However, allowing for the difficulties with this indicator, the percentage of older people classified as at risk of poverty dropped a full 7 points from 27.1% in 2004 to 20.1% in 2005. This shows, in particular, the impact of the increased provision made for pensioners in recent years. This impact was measured, of course, before account could be taken of the major increases in pensions provided for in Budgets 2006 and 2007. Budget 2007 delivered on our commitment in the Programme for Government to bring the basic State Pension to €200 a week, in addition to a range of other benefits available to our senior citizens.

The effect of the significant improvements made in pension provision can be best illustrated by the fact that since 1996 pensions have increased by almost 119% or about 57% in real terms. In addition to these improvements, the means test for the State Pension (non-contributory) has been further relaxed by €10 per week to €30 and the earnings disregard, which was introduced last year to encourage pensioners who may wish to earn extra income to continue in employment, has been doubled from €100 to €200 a week for non-contributory pensions.

The levels of increases provided in Budgets 2006 and 2007, in conjunction with the strategy set out in the NAPinclusion, demonstrates the Government's continuing commitment to safeguard and enhance the living standards of older people, and to provide them with a fair share of the fruits of our high levels of economic growth, which they have done so much to bring about during their working lives.

Social Welfare Benefits.

Breeda Moynihan-Cronin

Ceist:

88 Ms B. Moynihan-Cronin asked the Minister for Social and Family Affairs the progress made to date with regard to consideration by his Department of a new mortgage support plan; when the consultation period will be complete; if the scheme will be directed specifically towards those currently priced out of the property market; and if he will make a statement on the matter. [7909/07]

The purpose of rent supplement under the supplementary welfare allowance scheme is to provide short-term income support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source.

In recent years the numbers claiming the supplement have grown considerably from 42,683 in 2000 to 59,861 at the end of December 2006 with corresponding scheme expenditure rising from €151m to €389m in the same period. The scheme has also witnessed an increase in the duration of entitlement with over 30,000 recipients now getting a supplement for 18 months or more. While a broad range of housing supports are provided by local authorities, including the more recent Rental Accommodation Scheme, aimed exclusively at those on rent supplement for more than 18 months and regarded as having long-term housing need, I am anxious that all avenues are explored to provide financial support for any people on long-term rent supplementation who may be in a position to purchase their own home.

In this regard a study was commissioned from Goodbody Economic Consultants to examine the potential of supplementing home ownership specifically among the client base that comes within the rent supplementation arrangements. The study, overseen by officials from my Department and the Department of the Environment Heritage and Local Government, was aimed at identifying possible viable alternative approaches to meeting housing needs for long-term rent supplement recipients. These would be in addition or complimentary to the range of social housing options currently provided for by the Department of Environment, Heritage and Local Government through local government initiatives. People in this category are primarily dependent on social welfare payments and would not be in position to purchase private property at going market rates.

Since initiating the study, a number of significant developments have been announced including improvements to the rent supplement scheme in Budget 2007 which —

allow for the continuation of rent supplement to qualified persons moving into full-time employment while local authorities are sourcing accommodation under the Rental Accommodation Scheme (RAS), and

an improvement in the disregards applying to additional income in the assessment of means for rent supplement purposes. At present up to €60 and 50% of additional income between €60 and €90 is disregarded in the assessment of means for rent supplement purposes. I am providing for the necessary legislative provisions to give effect to these Budget improvements in the Social Welfare and Pensions Bill currently before the House.

Another development includes proposals by the Minister for the Department of Environment Heritage and local Government to introduce an ‘incremental purchase' scheme for social housing tenants and prospective tenants based on the development of the ‘shared equity' concept whereby tenants would be allowed to use their rental payments to build up an equity stake in a local authority house in an incremental fashion in return for paying a premium on the rent and taking over responsibility for the maintenance of the dwelling. The objective is to make it possible for households with incomes substantially lower than for affordable housing to start on the path to home ownership. This scheme is outlined in the recent Statement on Housing Policy "Delivering Homes and Sustaining Communities."

The findings of the draft report are being considered having regard to the range of initiatives in the area of housing policy generally and taking on board these latest improvements. While I will be examining the report, it is not my intention that the rent supplement scheme as it is currently framed will be changed.

Question No. 89 answered with QuestionNo. 14.
Question No. 90 answered with QuestionNo. 29.

Pension Provisions.

Bernard Allen

Ceist:

91 Mr. Allen asked the Minister for Social and Family Affairs if he is referring to the contributory or non-contributory rate in his commitment in Budget 2007 to raise the qualified adult allowance to the level of State pension in three years; and if he will make a statement on the matter. [7970/07]

Since taking Office this Government has made the needs of older people a priority with the inclusion of several commitments in the Programme for Government aimed specifically at this group. These included a commitment to raise the qualified adult increase for the spouses and partners (age 66 or over) of contributory pensioners to the level of the State pension (non-contributory). Spouses and partners of non-contributory pensioners may receive a pension in their own right at age 66.

To this end, Budget 2007 provided for an increase of €23.70 per week in the qualified adult payment where the qualified adult is aged 66 or over, bringing it up to a maximum rate of €173 per week. This measure benefited some 35,500 couples. The new maximum rate is 86.5% of the target rate contained in the Government commitment. It is my intention to complete the process of aligning the rates in question within three years.

Question No. 92 answered with QuestionNo. 26.
Question No. 93 answered with QuestionNo. 85.

Citizenship Applications.

David Stanton

Ceist:

94 Mr. Stanton asked the Tánaiste and Minister for Justice, Equality and Law Reform the situation pertaining to children, not born in the State, whose parents have been granted permission to remain in the State on the basis of parentage of a Irish born child; the procedure involved for such children who arrived in the State at the same time as their parents to get permission to remain in the State; and if he will make a statement on the matter. [8105/07]

Minor children under the age of sixteen who are in the care of non EU national parents who have been granted permission to remain under the IBC/05 scheme, avail of the same permission to remain in the State granted to their parents. When such minor children reach sixteen years of age they are obliged to register with the Garda National Immigration Bureau in their own right.

Asylum Applications.

John McGuinness

Ceist:

95 Mr. McGuinness asked the Tánaiste and Minister for Justice, Equality and Law Reform the status of an application to remain in the State by a person (details supplied) in County Kilkenny. [8132/07]

It is not the practice to comment in detail on individual asylum applications.

As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.

Garda Strength.

Paul Kehoe

Ceist:

96 Mr. Kehoe asked the Tánaiste and Minister for Justice, Equality and Law Reform if he plans to increase the Garda numbers in Bagenalstown, Tullow and Ballon Garda Stations to take account of the growing populations in those areas; and the criteria used in making such a decision. [8139/07]

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 13,000 following the attestation of 299 new members on Thursday, 16 November, 2006. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an increase of 2,298 (or 21.5%) in the personnel strength of the Force during that period. The combined strength (all ranks), of both attested Gardaí and recruits in training as at the 31 December 2006 was 14,068. Furthermore, I should say that in December, 2006 as part of a package of anti-crime measures, the Government approved the continuation of the existing Garda recruitment programme to achieve a total Garda strength of 15,000. The accelerated intake of approximately 1100 new recruits per annum into the Garda College will continue until this target is met. The Garda Budget now stands at €1.4 billion, an 11% increase on 2006 and a 96% increase since 1997 in real terms.

I have been further informed by the Garda authorities that the personnel strength of Tullow Garda Station on 27 February, 2007 was 9 (all ranks). Tullow Garda Station forms part of the Baltinglass District. The personnel strength of the Baltinglass District on 31 December, 1997 and 27 February, 2007 (all ranks) was 49 and 62 respectively. This represents an increase of 13 (or 26.5%) in the number of personnel allocated since that date.

The Garda authorities state that the personnel strength (all ranks) of Bagenalstown Garda Station and Ballon Garda Station on 27 February, 2007 was 7 and 1, respectively. Bagenalstown and Ballon Garda Stations form part of the Carlow District. The personnel strength of the Carlow District on 31 December, 1997 and 27 February, 2007 (all ranks) was 68 and 95 respectively. This represents an increase of 27 (or 39.7%) in the number of personnel allocated since that date. Local Garda management state that they are satisfied that the resources currently allocated to Bagenalstown, Tullow and Ballon Garda Stations in the Carlow/Kildare Division are adequate to meet the present policing needs of those areas.

I should add that it is the responsibility of Garda management to allocate personnel to and within Divisions. These personnel allocations are determined by a number of factors including demographics, crime trends and other operational policing needs. Such allocations are continually monitored and reviewed along with overall policing arrangements and operational strategy. This ensures that optimum use is made of Garda resources, and that the best possible service is provided to the public.

The situation will be kept under review and when additional personnel next become available I know that the Garda Commissioner will take full account of the needs of the Carlow/Kildare Garda Division in his allocation of the very considerable increase currently under way in the strength of the Force.

Residency Permits.

Brian O'Shea

Ceist:

97 Mr. O’Shea asked the Tánaiste and Minister for Justice, Equality and Law Reform when is it proposed to renew the certificate of registration of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [8150/07]

The person in question was granted permission to remain in the State on 21 February 2006 under the revised arrangements for parents of Irish children born prior to 1 January 2005, commonly referred to as the IBC/05 scheme.

An application for the renewal of this permission to remain in the State was received in my Department on 13 February 2007. My Department acknowledged receipt of this application on 23 February 2007. A request for further documentation was issued with this acknowledgement. The application will be considered further on receipt of the requested documentation.

Thomas P. Broughan

Ceist:

98 Mr. Broughan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will give residency rights to a person (details supplied) in Dublin 5. [8175/07]

The person in question applied for permission to remain in the State under the revised arrangements for non national parents of Irish children born prior to 1st January 2005, commonly referred to as the IBC/05 scheme. A letter granting permission to remain in the State for two years issued on 01 December 2005.

Advertisements inviting applications for renewal of permission to remain granted under the IBC/05 scheme were placed in National Newspapers on 31 January 2007. It is open to the person in question to submit an application for consideration to my Department. Details of the scheme and the renewals process can be found on my Department's website (www.justice.ie).

Applicants should submit their application for the renewal of their permission to remain, which was granted under the IBC/05 scheme, one month prior to the date their current permission to remain expires.

Garda Stations.

Thomas P. Broughan

Ceist:

99 Mr. Broughan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will make provision for a new Garda station as a key element of social infrastructure in an area (details supplied) now being planned and built in Dublin 13 and Dublin 17 under Dublin City and Fingal County Councils. [8176/07]

I am advised by the Garda authorities that the personnel strength of the Dublin Metropolitan North Region (DMNR) Division, as at 1 March 2007 was 634 (all ranks). At present, Community Gardaí assigned to the areas referred to by the Deputy, attend monthly neighbourhood watch meetings where various issues affecting the communities such as public order, graffiti and loitering by youths are addressed. The area also benefits from regular uniform and plain clothes patrols which are augmented by the Divisional Task Force and Community Policing Units.

I am advised by Garda authorities that local Garda Management indicate they are satisfied that current policing structures are adequate in providing a professional, efficient and effective policing service to the areas concerned. I am also informed that the opening of a new station to cover the area would be incompatible with current policing policy in the Division and would result in valuable resources being diverted from frontline policing to indoor administrative duties.

Garda management will continue to monitor the situation closely to ensure that the policing needs of the areas mentioned continue to be addressed.

Residency Permits.

Pat Breen

Ceist:

100 Mr. P. Breen asked the Tánaiste and Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 319 of 31 January 2007, when an application for a residency visa will be processed for a person (details supplied) in County Clare; and if he will make a statement on the matter. [8177/07]

I am informed by the Immigration Division of my Department that the application is at the final stages of processing and as soon as a decision is reached, the Immigration Division will be in contact in writing with the person concerned.

Asylum Applications.

Bernard J. Durkan

Ceist:

101 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the meaning of the reply to Parliamentary Question No. 51 of 15 February 2007 wherein it is stated the position is unchanged; if this means that no information is to hand to explain why references to Romania appear on the file of a person born in Angola, having no connection whatsoever with Romania; if a mistake has been made in this case which may have militated against the interests of the applicant; and if he will make a statement on the matter. [8211/07]

I refer the Deputy to Parliamentary Questions Nos. 51 of Thursday, 15th February, 2007, 377 of Wednesday, 31st January, 2007, No. 54 of Thursday 30th November, 2006, No. 83 of Thursday 26th October, 2006, and No. 187 of Thursday 1st June, 2006 and the written replies to those Questions. To clarify the matter for the Deputy, the situation is as follows:-

The person concerned arrived in the State on 22 May, 2002 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 20 September, 2004, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

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

Bernard J. Durkan

Ceist:

102 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he or his Department have erred in respect of the decision which recently issued in the case of a person (details supplied) in Dublin 22 wherein it appears reference is being made to another person of different gender and circumstances; and if he will make a statement on the matter. [8212/07]

I understand from the Immigration Division of my Department that no decision has been issued on this application to date.

As outlined in my previous answer to Question 7049/07, further documentation has been requested. On receipt of a response the application will then be processed further.

Residency Permits.

Bernard J. Durkan

Ceist:

103 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the current residency status in the case of a person (details supplied); and if he will make a statement on the matter. [8213/07]

I would refer the Deputy to my reply to Dáil Question No. 48 of 15 February, 2007, in relation to the person concerned.

As previously advised, the person concerned evaded his transfer to France on 30 August, 2006. The person concerned continues to evade his transfer and continues to remain illegally in the State. I would therefore again urge the person concerned to present to the Garda National Immigration Bureau without further delay in order to arrange for his transfer to France.

Citizenship Applications.

Bernard J. Durkan

Ceist:

104 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the position in regard to a naturalisation application in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [8214/07]

An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the Citizenship Section of my Department on 22 August 2006.

The average processing time for applications for naturalisation for adults is approximately 30 months at the present time. However, I understand that the person concerned is a refugee. In accordance with the Government's obligations under the United Nations Convention relating to the Status of Refugees of 28 July 1951, every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible, having regard to the general volume of applications on hand. I will inform the Deputy and the person concerned when I have reached a decision on the application.

Residency Permits.

Bernard J. Durkan

Ceist:

105 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the position in regard to review of residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [8215/07]

I refer the Deputy to Parliamentary Question No. 623 of Thursday, 6th July, 2006 and the written reply to that Question. The position is unchanged.

Bernard J. Durkan

Ceist:

106 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [8216/07]

The person in question was originally granted permission to remain in the State based on parentage of an Irish born child on 9 January 2002. The permission was granted on the basis that the person concerned was living in the same household as the Irish born child and discharging the role of parent to that child. However the person referred to changed circumstances in 2004 and a review of his case took place. Further periods of permission to remain were granted on the basis that the person concerned was discharging the role of parent to the Irish child and had an informal maintenance agreement in place with the mother of the child.

The person concerned applied for a renewal of his permission to remain in the State on the above basis on 9 June 2006 at his local Registration Office. His residency was due to expire on 9 July 2006. The person concerned was advised to provide evidence of his maintenance payments as per his informal agreement so that renewal could take place. The person in question has not returned to the Registration Office to renew his permission to remain since that date and has remained illegally in the State ever since. The person referred to should contact the Irish Naturalisation and Immigration Service of my Department immediately with the required information and the matter will be dealt with promptly.

Legal Aid Service.

Bernard J. Durkan

Ceist:

107 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he or his Department has specific responsibility for the provision of funding for schemes operated directly by his Department or through bodies, groups or agencies under his aegis; if he or his Department provide funding to the Courts Service, part or parts of which are dedicated directly or indirectly to the financial requirements of free legal aid; if those involved in the running or operation of criminal gangs known to have substantial assets have been awarded free legal aid; if an evaluation has been done into such circumstances in the past five years, having particular regard to is oft expressed concerns regarding the operation of the courts and the decisions taken therein; and if he will make a statement on the matter. [8217/07]

As the Deputy will be aware, separate arrangements exist in respect of Criminal and Civil Legal Aid.

The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. The sum of €43.503m has been allocated for this purpose in 2007.

An accused person is entitled to be informed by the court in which he/she is appearing of his/her possible right to legal aid. The grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of his/her defence or appeal.

The courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal aid him/herself. In this regard, an applicant for free legal aid may be required by the court to complete a statement of means.

Furthermore, the court must also be satisfied that by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. However, where the charge is one of murder or where an appeal is one from the Court of Criminal Appeal to the Supreme Court, free legal aid is granted merely on the grounds of insufficient means.

My Department has no involvement in the granting of free criminal legal aid or assignment of lawyers. These matters are handled entirely by the courts.

In so far as Civil Legal Aid is concerned, the position is that the Legal Aid Board provides legal advice and assistance, including Refugee Legal Services, mainly through the solicitors it employs on a full-time basis in its law centre network nationwide. The sum of €24.288m has been allocated to the Legal Aid Board for 2007 and the sum of €9.117m has been allocated to Refugee Legal Services.

Asylum Applications.

Bernard J. Durkan

Ceist:

108 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if the Immigration Authorities have contacted the authorities in Zimbabwe when determining the appeal for refugee status in the case of a person (details supplied) in County Kildare; if his attention has been drawn to the likelihood of a negative response in view of the political activity of other family members in their homeland; the extent to which this case is being considered on humanitarian grounds; and if he will make a statement on the matter. [8218/07]

I refer the Deputy to Parliamentary Questions Nos. 107 of Thursday, 22nd February, 2007, 329 of Wednesday, 27th September, 2006, and 702 of Tuesday, 25th April, 2006 and the written replies to these Questions. The position is unchanged.

Bernard J. Durkan

Ceist:

109 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if there are grounds other than those referred to in reply to Parliamentary Question Nos. 358 of 27 September 2006, 140 of 19 October 2006 and 31 January 2007 under which a favourable review can be undertaken in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [8219/07]

I refer the Deputy to Parliamentary Questions Nos. 378 of Wednesday, 31st January, 2007, 140 of Thursday, 19th October, 2006, and 358 of Wednesday, 27th September, 2006 and the written replies to these Questions. The position is unchanged.

There are no other grounds, other than those referred to in the questions above, under which this person's case file can be reviewed.

Catherine Murphy

Ceist:

110 Ms C. Murphy asked the Tánaiste and Minister for Justice, Equality and Law Reform when a decision will be made on an application by a person (details supplied) in County Kildare to remain here on humanitarian grounds; if the applicant’s considerable time spent here will be taken into account when deciding the case; and if he will make a statement on the matter. [8238/07]

I refer the Deputy to Parliamentary Questions No. 75 of Thursday 26th October 2006, 179 of Thursday 22nd of June 2006 and 77 of Thursday 15th of June 2006 and the written replies to these Questions. The position is unchanged.

Pension Provisions.

Seán Ryan

Ceist:

111 Mr. S. Ryan asked the Minister for Finance if his attention has been drawn to the fact that an anomaly now exists with regards to the pensions of women civil servants who were obliged to retire from the service on marriage and who returned, having repaid their marriage gratuity with interest, to the service, post 1995 in view of the fact that civil servants are now obliged to pay full social welfare and it now transpires that the women who returned post 1995 find that under a new formula their previous service is being aggregated with their current service thus reducing their pension entitlements substantially; his views on whether this is an anomaly situation which affects all women who were forced to retire on marriage and return to the service post 1995; and when he will propose to address this anomaly. [8066/07]

Civil Servants appointed prior to April 1995 pay a modified rate of Pay Related Social Insurance (PRSI) and are not eligible for most Social Welfare benefits, including the Old Age Contributory Pension (OACP). Their personal pension entitlements are met entirely from the Civil Service (occupational) Pension Scheme.

All staff (with minor exceptions) appointed or reappointed as established civil servants on or after 6th April 1995 are full Class A PRSI contributors. As such they are entitled to the full range of Social Welfare benefits. Their civil service retirement benefits are integrated with the OACP.

The introduction of "integrated pensions" in 1995 was designed in such a way as to ensure that the combination of personal Social Welfare and civil service pension benefits was at least as favourable as the civil service benefits payable to pre 1995 appointees.

Any officer who received a marriage gratuity as a result of the "marriage bar" and who was subsequently re-appointed as an established civil servant is entitled to have all of the earlier service reckoned for civil service pension purposes subject to repayment of the gratuity with appropriate compound interest.

A person whose reappointment was prior to 1995 would, on retirement, receive a civil service pension and lump-sum calculated by reference to salary and length of service.

In the case of persons reappointed after 1 April 1995 the civil service retirement lump sum would be calculated on the same basis as above. Civil service pension would be calculated by reference to length of service but by reference to "integrated salary" i.e. salary less twice the personal rate of OACP. However, when aggregated with OACP entitlements, the total pension payable would be at least equal to, and in many cases greater than, the pension payable to a comparable pre 1995 appointee.

I would not accept therefore that the occupational pension entitlements of persons re-appointed after 1995 are less favourable than those of persons appointed or reappointed prior to that time.

The existing Social Welfare entitlements of a retiring officer who is in full PRSI and who is in receipt of a Social Welfare Spouse's pension prior to retirement are subject to review where the person is entitled also to receive an OACP following retirement. In these circumstances the officer is entitled to one Social Welfare benefit payment only and is awarded the greater of the benefits. This is a feature of the Social Insurance system and applies to all individuals covered by full PRSI. I would not accept that it is an anomaly situation affecting women who resigned from the civil service on marriage but who were reappointed to the civil service subsequent to 1995.

Tax Yield.

Pat Rabbitte

Ceist:

112 Mr. Rabbitte asked the Minister for Finance the proportion of PAYE taxpayers and taxpayers other than PAYE taxpayers who are earning amounts (details supplied); and if he will make a statement on the matter. [8123/07]

It is assumed that what the Deputy requires is the proportion of PAYE and self-employed income earners in the ranges of income specified as determined by reference to the income tax record. I am advised by the Revenue Commissioners that the information requested, estimated by reference to the income tax years 2006 and 2007, is as follows:

Proportions of all PAYE and Self-Employed income earners on tax records, including tax-exempt individuals, by ranges of income

Income Tax Year 2006

PAYE

Self-Employed

Gross Income €

Numbers

% of all PAYE income earners

Numbers

% of all self-employed income earners

Not exceeding €15,568

568,693

29%

50,359

23%

€15,569 — €15,654

3,165

0.2%

313

0.2%

€15,655 — €21,325

215,521

11%

22,025

10%

€21,326 — €31,360

358,523

18%

35,400

16%

€31,361 — €60,000

539,020

28%

56,464

26%

€60,001 — €70,000

81,262

4%

10,045

5%

€70,001 — €80,000

53,248

3%

7,424

3%

Income Tax Year 2007

PAYE

Self-Employed

Gross Income €

Numbers

% of all PAYE income earners

Numbers

% of all self-employed income earners

Not exceeding €16,891

600,643

30%

51,196

23%

€16,892 — €17,689

28,867

1%

2,694

1%

These numbers are provisional and are subject to revision.

A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

With reference to the national minimum wage referred to in the details supplied with the Deputy's question, the Deputy may wish to be aware that the usual approach adopted by the Government is that the statutory minimum wage, as an hourly rate of pay, is multiplied by 39 (to reflect a 39 hour week) and then by 52 to arrive at an annualised figure. The 39 hours per week is considered to be reasonably representative having regard to the variety of arrangements which exist across employments. Such an approach would give rise to annualised figures for the minimum wage of €16,832 for the rate which has applied from 1 January 2007 and €17,542 for the rate which will apply from 1 July 2007.

Tax Code.

Liam Twomey

Ceist:

113 Dr. Twomey asked the Minister for Finance the situation regarding home care provisions; if persons who use their home care funding to buy services from private contractors can expect to pay 21% VAT; if same has been addressed in Budget 2007; if so, the way it has been done; and if he will make a statement on the matter. [8135/07]

Currently where homecare services are provided for by private contractors 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 being provided. Homecare provided to individuals typically consists of a variety of services which may be liable to VAT at different rates.

However, as I indicated at the Committee Stage of the Finance Bill, I will be bringing forward an amendment at Report Stage which will provide an exemption from VAT for homecare services provided by private operators. This is an important measure designed to support the Government's initiative aimed at supporting the elderly and others who wish to continue living at home. The VAT exemption for homecare services will come into effect on the passing of the Finance Bill.

Ruairí Quinn

Ceist:

114 Mr. Quinn asked the Minister for Finance the cost to the Exchequer of reducing the upper rate of tax from 41% to 38%. [8163/07]

By reference to the 2007 post-Budget ready reckoner prepared by the Revenue Commissioners, the cost to the Exchequer of reducing the higher rate of income tax from 41% to 38% is estimated at €635 million in a full year.

These figures are provisional, subject to revision and estimated to the nearest €5 million. The ready reckoner is available from today on my Department's website, at www.finance.gov.ie

Fiscal Policy.

Ruairí Quinn

Ceist:

115 Mr. Quinn asked the Minister for Finance the cost to the Exchequer of adjusting the tax bands in order that a couple, both earning, could earn up to €100,000, while paying only tax at the standard rate. [8165/07]

I am informed by the Revenue Commissioners that, assuming the enactment of the changes announced in the 2007 Budget, the full year cost to the Exchequer is estimated at €1,430 million.

This cost estimate assumes that the following changes would be made to the tax band structure:

increase the value of the single band to €50,000

increase the value of the lone parents band to €50,000

increase the value of the married one-earner band to €50,000

increase the value of the married two-earner band to €100,000, i.e. €50,000 to each spouse with no transferability between spouses.

This estimate is provisional and subject to revision. This would amount to full individualisation of the income tax bands.

Ruairí Quinn

Ceist:

116 Mr. Quinn asked the Minister for Finance the cost to the Exchequer of increasing tax credits in order that couples earning up to €40,000 and a single person earning up to €20,000 will pay no tax. [8166/07]

As the bulk of taxpayers are in the PAYE sector, it is assumed that the changes mentioned by the Deputy are to be applied with employees primarily in mind.

On this basis, and assuming the enactment of the changes announced in the 2007 Budget, I am advised by the Revenue Commissioners that the full year costs to the Exchequer of ensuring that no tax is paid by single persons earning up to 20,000 euro per annum and married two-earner couples earning up to 40,000 euro could be achieved by an increase of 480 euro in the aggregate annual value of the basic personal tax credits. Such an increase would cost in the region of 880 million euro in a full year if achieved through an increase in the value of the basic personal tax credit, or about 600 million euro if achieved through an increase in the value of the employee (PAYE) tax credit or about 740 million euro if achieved though increases of equal value, that is, 240 euro each, in both the basic personal credit and the employee credit.

The increases mentioned in the question are assumed to apply in similar measure to widowed persons and to include the normal consequential increases in the tax credit for lone parents and the married tax credit.

If the intention is also to ensure that married one-earner couples would pay no tax on income up to 40,000 euro this would cost significantly more to achieve. Of course, if such a position were to apply, it would be the case that single earners and married two-earners would then be exempt from tax on income amounts in excess of 20,000 euro and 40,000 euro, respectively.

Ruairí Quinn

Ceist:

117 Mr. Quinn asked the Minister for Finance the cost to the Exchequer of abolishing stamp duty for all first time buyers. [8167/07]

The stamp duty code favours first-time owner-occupying purchasers. First-time buyers of new residential property are exempt from stamp duty where the property has a floor size of 125 square metres or less and where they occupy the property. Where the floor size of new properties is greater than 125 square metres, stamp duty is charged on the site value at the current rates applying to second-hand residential properties or on 25% of the value of the property, excluding VAT — whichever is the greater.

In terms of second-hand residential property, first-time buyers are exempt from stamp duty on properties valued at €317,500 or less and pay reduced rates on property valued up to €635,000. The generous stamp duty reliefs in place for first-time buyers are designed to assist affordability.

I am informed by the Revenue Commissioners that first-time buyers are identifiable where they have qualified for the first-time buyer relief and paid stamp duty at a lower rate than other buyers. As current stamp duty rates for property transactions exceeding €635,000 are the same for all residential purchasers, it is not possible to distinguish first time buyer transactions in excess of these values.

Based on figures of 2006 outturn the full year cost to the Exchequer of abolishing stamp duty for all first time buyers who can be identified is estimated at €66 million.

National Gallery Staff.

Aengus Ó Snodaigh

Ceist:

118 Aengus Ó Snodaigh asked the Minister for Finance when a Ministerial Order was made changing the status of staff in the National Gallery of Ireland from non-established civil servants to non-established industrial employees; and if he will make a statement on the matter. [8198/07]

Certain staff in the National Gallery, namely the Attendant grades, are designated as state industrial employees (sometimes referred to as industrial civil servants). The last Designation of state industrial employees took place on 11th July 2003 following consultation with the Departments concerned. The Attendants in the Gallery were formally designated at that time to ensure their continued right of access to the Labour Court and its related industrial relations machinery.

Child Care Services.

Ruairí Quinn

Ceist:

119 Mr. Quinn asked the Minister for Health and Children the cost to the Exchequer of increasing the early childcare supplement to €2,000. [8168/07]

The current rate of Early Childcare Supplement (ECS) is €250 per quarter or €1,000 for a full year. While the cost of doubling the rate of the ECS would depend on a number of factors, including the effective date, future claim loads and the processing of backdated claims, it is considered reasonable to assume that a doubling of the rate of the ECS would also double its full year cost to the Exchequer. The Revised Estimates Volume shows an estimated 2007 spend of €406m. If this was doubled, the cost to the Exchequer would be more than €800m.

Ruairí Quinn

Ceist:

120 Mr. Quinn asked the Minister for Health and Children the cost to the Exchequer of providing 50,000 additional childcare places. [8169/07]

As the Deputy will be aware, I have responsibility for the Equal Opportunities Childcare Programme 2000-2006 (EOCP) and the National Childcare Investment Programme 2006-2010 (NCIP), which are being implemented by the Office of the Minister for Children.

The NCIP came into effect from 1 January 2006, with an allocation of €575 million for the 5 year period of 2006 to 2010. The NCIP is a key element of the National Childcare Strategy 2006-2010, the aim of which is to deliver a more comprehensive approach to early years care and education. Unlike the EOCP, the NCIP is completely Exchequer funded. The NCIP is designed to deliver 50,000 additional childcare places, with a greater focus on pre-school places for 3 to 4 year olds and school age childcare. Childcare places are provided either through community based/not for profit childcare groups or by private providers.

Of the €575 million total budget for the NCIP, some €357 million is earmarked for capital investment and to provide for the cost of meeting the programme's target of 50,000 additional childcare places. Capital grant applications under the NCIP are assessed under a number of criteria; chiefly the nature and extent of the need locally for the service proposed, the applicant's capacity to deliver the project proposed and value for money. All proposals are expected to demonstrate how they will increase the supply of quality childcare, and furthermore, community projects are expected to have a focus on disadvantage.

Michael Ring

Ceist:

121 Mr. Ring asked the Minister for Health and Children the funding for staffing that is available for new community playgroups at present, in view of the fact that new groups would not be in a position to meet the end of 2006 EOCP contractual timeframe and details of the new staffing grants under the National Childcare Investment Programme 2006 to 2010 will not be made available until later in 2007; and if she will make a statement on the matter. [8074/07]

As the Deputy will be aware, I have responsibility for the Equal Opportunities Childcare Programme 2000-2006 (EOCP) and the National Childcare Investment Programme 2006-2010 (NCIP), which are being implemented by the Office of the Minister for Children. The introduction of the NCIP in January 2006, prior to the closure of the EOCP, has facilitated applicants unable to meet the end of EOCP deadlines for grant assistance by providing an alternative source of grant aid for childcare provision.

With an allocation of €575 million for the 5 year period of 2006-2010, the NCIP is a key element of the National Childcare Strategy 2006-2010. The NCIP aims to deliver a more comprehensive approach to early years care and education and to deliver 50,000 additional childcare places, with a greater focus on pre-school places for 3-4 year olds and school age childcare.

Support towards the staffing costs of employing childcare workers, in community based childcare facilities in disadvantaged areas, was provided under the EOCP and have been extended to 31 December 2007 for all groups who are meeting the terms of their existing staffing grant contracts. A new programme of staffing grants under the NCIP is expected to be announced later this year and will be informed by the outcome of a Value for Money Review of the EOCP which is currently in progress. The Review is expected to be completed in the first half of 2007.

With regard to EOCP staffing grant applicants who have already entered into contract in respect of a linked EOCP capital grant, and who are due to open new childcare facilities in advance of the introduction of the proposed new programme of staffing grants under the NCIP, applications for EOCP staffing grant assistance will continue to be considered, subject to the availability of EOCP funding for this purpose.

Eating Disorders.

Liam Twomey

Ceist:

122 Dr. Twomey asked the Minister for Health and Children the provision made available to provide services to tackle eating disorders; and if she will make a statement on the matter. [8076/07]

Liam Twomey

Ceist:

123 Dr. Twomey asked the Minister for Health and Children the amount of funding allocated to services to combat eating disorders in 2006; the amount of funding approved for 2007; the way this money is being spent; and if she will make a statement on the matter. [8077/07]

I propose to take Questions Nos. 122 and 123 together.

The Report of the Expert Group on Mental Health Policy, entitled "A Vision for Change", was launched in January 2006. It provides a framework for action to develop a modern, high quality mental health service over the next 7 to 10 years. "A Vision for Change" acknowledges gaps in the current provision of services for people with eating disorders and makes several recommendations for the further improvement of these services.

Recommendations include support for health promotion initiatives that encourage greater community and family awareness of eating disorders, the further development of primary and community care services and the provision of a full multidisciplinary team in a National Centre for Eating Disorders for complex cases that cannot be managed by local child and adolescent community mental health teams. Responsibility for the implementation of these recommendations rests with the HSE.

In 2006, a sum of €26.2 million was allocated for the development of mental health services in line with "A Vision for Change". A further sum of €25 million has been allocated in 2007 to continue this development. €0.75 million of this additional funding is for the initial development of a dedicated eating disorder service in each HSE area through a combination of reconfiguring existing services and commissioning services from agencies.

Medical Cards.

John McGuinness

Ceist:

124 Mr. McGuinness asked the Minister for Health and Children if a medical card will be issued to persons (details supplied) in County Kilkenny; and if she will expedite a response. [8079/07]

Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services. In 2005 the GP visit card was introduced as a graduated benefit so that people on lower incomes, particularly parents of young children, who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP.

Since the beginning of 2005 substantial changes have been made to the way in which people's eligibility for a medical card is assessed and these apply equally to the assessment process for a GP visit card. The income guidelines have been increased by a cumulative 29% and in addition allowance is now made for reasonable expenses incurred in respect of mortgage/rent, childcare and travel to work costs. In June 2006 I agreed a further adjustment to the income guidelines for GP visit cards. These are now 50% higher than those in respect of medical cards.

As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Community Care.

Mary Upton

Ceist:

125 Dr. Upton asked the Minister for Health and Children further to her Department’s response to Parliamentary Question No. 363 of 13 February 2007, the circumstances in which a person (details supplied) in Dublin 8 might be able themselves to refuse or accept an offer of a long-term care home place; the way the person communicated their refusal to be transferred to a nursing home in Kildare from a hospital in Dublin; the name of the nursing home which, according to the response, the person refused to consent to be moved to; if she will provide evidence of the refusal by the person to be transferred to the nursing home in Kildare referred to in the response including evidence from a medical doctor that the person has the mental capacity to exercise choice in matters relating to their care; the guidelines which operate when neither a patient nor their next of kin will consent to a particular transfer from a hospital to a long-term nursing home outside the county of their residence; the number of refusals her Department recommend should be accepted of a patient or, where appropriate, their next of kin before it would approve of the compelled transfer to a nursing home outside the county of a patient’s residence without either that patient’s consent or, where appropriate, their next of kin’s. [8080/07]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. 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.

Question No. 126 withdrawn.

Nursing Home Charges.

Dinny McGinley

Ceist:

127 Mr. McGinley asked the Minister for Health and Children the position regarding an application for the nursing home refund for a person (details supplied) in County Donegal; if the application is being processed; and when payment will issue. [8083/07]

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Dinny McGinley

Ceist:

128 Mr. McGinley asked the Minister for Health and Children the position regarding an application for the nursing home refund for a person (details supplied) in County Donegal; if the application is being processed; and when payment will issue. [8084/07]

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Dinny McGinley

Ceist:

129 Mr. McGinley asked the Minister for Health and Children the position regarding an application for the nursing home refund for a person (details supplied) in County Donegal; if the application is being processed; and when payment will issue. [8085/07]

The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Civil Registration.

Ivor Callely

Ceist:

130 Mr. Callely asked the Minister for Health and Children when is it intended that Part 6 and in particular section 52 of the Civil Registration Act 2004, will be commenced by statutory instrument; when all ancillary support for an t-Ard Chlaraitheoir shall be put in place in order to allow the solemnisation of a marriage in an appropriate venue other than those permitted heretofore; and if she will make a statement on the matter. [8103/07]

An tArd-Chláraitheoir (Registrar General) is the person with statutory responsibility for the administration of the civil registration system in Ireland, including civil marriages. I have made enquiries with an tArd-Chláraitheoir and the position is as follows. The Civil Registration Act, 2004 provides for the commencement of the various provisions of the Act on a gradual basis. Parts 1, 2, 3, 5 and 8 of the Act, which relate to the administration of the service and the registration of births, stillbirths and deaths, were commenced on 5th December 2005. The new provisions for marriage are set out in Part 6 of the 2004 Act and include universal procedures for notification, solemnisation and registration of marriages, as well as a choice of venue for civil marriage ceremonies, provided for under section 52 of the Act.

Before the provisions can be commenced by statutory instrument, a substantial body of work needs to be completed, including drafting and publication of regulations, guidelines and detailed procedures; establishment of a register of solemnisers in consultation with religious bodies; and the further development of the computer system to facilitate the administration of the new marriage provisions introduced in the Act. Work in all these areas is underway and is progressing well.

In view of the number of complex tasks involved in preparing for the commencement of the marriage provisions, it is not possible to be definitive as regards a date for signing commencement orders. However an tArd-Chláraitheoir is aiming to have this work completed by July 2007. It is intended to give as much public notice as possible and a comprehensive public information campaign will be undertaken at the appropriate time.

Medicinal Products.

Olwyn Enright

Ceist:

131 Ms Enright asked the Minister for Health and Children the outcome of the meeting between her Department, the Health Service Executive and the Irish Pharmaceutical Union; and if she will make a statement on the matter. [8113/07]

In 2005, a process was begun to examine all aspects of the drugs supply chain with a view to achieving greater value for money in the pricing and supply of drugs and medicines to the health services and the GMS and community drugs schemes, consistent with patient safety and continuity of supply. This process was agreed by the Cabinet Committee on Health. A joint HSE/Department of Health and Children negotiating team was put in place to advance this process.

During discussions with the wholesaler representative body, the Pharmaceutical Distributors' Federation (PDF), as part of the agreed process, PDF advised the State that a legal issue precluded it from negotiating a new margin for distribution to community pharmacies. The negotiating team then obtained legal advice, which subsequent legal advice to the Department confirmed, that this issue also had implications for negotiations with community pharmacists.

The legal advice to the Minister and the HSE indicates that:

Section 4(1) of the Competition Act, 2002 prohibits all agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect the restriction or distortion of competition, including agreements to fix prices, unless the agreement, decision or concerted practice meets certain conditions. Those conditions are not met in this case.

Wholesalers and pharmacy contractors are undertakings. PDF and the IPU are associations of undertakings under Section 4(1) of the Act.

The coming together of wholesalers under PDF or pharmacy contractors under the IPU to negotiate prices would be a breach of Section 4(1).

Entering into an agreement, making a decision or being involved in a concerted practice in contravention of Section 4(1) is a criminal offence and would expose those parties, their directors, managers and officers to the risk of criminal prosecution.

In light of the above, it is not possible for the State to engage in negotiations with PDF or the IPU in relation to fees or margins. Accordingly, the HSE wrote to all community pharmacy contractors, setting out the position in relation to these issues in detail.

The negotiating team has been examining how best to address this issue for pharmacy contractor services. To this end, the team engaged with the IPU to clarify the legal position and the situation in relation to contract negotiations. Following discussions, the IPU has agreed to a process to examine ways of carrying out a contract review that would comply fully with competition law. It is expected that this process, subject to completion of the necessary arrangements, will begin shortly.

Eating Disorders.

Jimmy Deenihan

Ceist:

132 Mr. Deenihan asked the Minister for Health and Children the number of persons classified as obese here under the age of 12, between 12 and 21 and over 21; and if she will make a statement on the matter. [8115/07]

The 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.

Jimmy Deenihan

Ceist:

133 Mr. Deenihan asked the Minister for Health and Children the estimated cost to the economy of obesity; and if she will make a statement on the matter. [8116/07]

The Report of the National Taskforce on Obesity — Obesity the Policy Challenges — was published in 2005 and contained 93 recommendations aimed at tackling overweight and obesity. These recommendations relate to actions across six broad sectors: high-level government; education; social and community; health; food, commodities, production and supply; and the physical environment.

The Taskforce recognises that a multi-sectoral approach is necessary, involving other state agencies and government departments and real engagement of the public and private sectors to implement all of the report's recommendations. My Department is currently finalising proposals for the development of a mechanism which will facilitate inter-sectoral working on the prevention of chronic diseases including obesity.

The Health Service Executive has established a Working Group to implement the health sector recommendations of the Task Force on Obesity for which the HSE has the lead responsibility and for which €3 million has been allocated. In 2006 eight additional posts focused on obesity were secured and a number of new initiatives commenced and are continuing.

In relation to the surveillance and monitoring of obesity, funding has been provided by the HSE to UCD, to record height and weight in children at school entry point as part of the Lifeways cohort. The development of a national database to monitor prevalence trends of growth, overweight and obesity was also funded. The HSE is working with the Irish Universities Nutritional Alliance, to research food and nutrition in children and its determinants. Funding was also allocated to the Irish Heart Foundation to progress the Action for Life physical activity programme and to undertake a project on marketing of foods to children.

National Guidelines for community based practitioners on prevention and management of childhood overweight and obesity were published and launched in December. Training for primary and community based practitioners on patient centred skills in addressing overweight and obesity was also funded. New growth charts for children were developed.

The Health Service Executive is working with the Community Games Association to integrate Health Promotion as a strategic priority in their strategic plan. This plan addresses Nutrition and physical Activity as well as other key health promotion topics. The partnership with the Education Sector is progressing. The HSE has also developed a strategic alliance with the Irish Sports Council, and have part-funded the Local Sports Partnerships to promote Physical Activity.

In order to determine precise costs of obesity to the health sector and to the economy as a whole, a great deal of primary research would need to be undertaken. However, the TaskForce report estimated the obesity-related treatment cost to the healthcare system in 2002 was €70m. The TaskForce point out that there is a danger that focusing on the public finance costs or the output lost obscures the fundamental point that the real loss is the premature death. With this in mind, I am pleased that my Department and the HSE are moving forward with initiatives to prevent obesity and, where necessary, to treat the range of associated illnesses.

Medical Cards.

Paul Kehoe

Ceist:

134 Mr. Kehoe asked the Minister for Health and Children if her attention has been drawn to the fact that people who have medical cards have to renew them on a yearly basis; her plans to award medical cards for at least two years; her further plans to extend the medical card cover to persons with long-term illness; and if she will make a statement on the matter. [8140/07]

Medical cards are made available by the Health Service Executive (HSE) to persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services. In 2005 the GP visit card was introduced as a graduated benefit so that people on lower incomes, particularly parents of young children, who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP.

The HSE has informed me that it has detailed operational guidelines in place for the assessment of medical card applications. The purpose of these is to ensure that every person entitled to a medical card or GP visit card is given the opportunity to avail of their entitlement and that there is a consistency of approach to means-testing nationally. I am informed that the guidelines include provisions dealing with medical card review dates which state that "the guiding principle for setting a review date should be to set a date in each case at which an income/dependency change or other change could reasonably be expected to occur which would affect eligibility".

I consider it appropriate that the Executive carry out periodic reviews of medical card holders in order to establish whether they continue to be eligible for services under the Scheme. The HSE indicates that such reviews are conducted in a manner that takes due account of the personal circumstances of the card holder and that arrangements are in place to limit the need for frequent reviews where a review would normally result in the renewal of the medical card.

Under the Health Act 1970, the HSE may arrange for the supply, without charge, of drugs, medicines and medical and surgical appliances to people with a specified condition, for the treatment of that condition, through the Long Term Illness Scheme (LTI). The LTI does not cover GP fees or hospital co-payments. The conditions are: mental handicap, mental illness (for people under 16 only), phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, Parkinsonism, conditions arising from thalidomide and acute leukaemia.

Products which are necessary for the management of the specified illness are available to LTI patients. Other products are available according to the patient's eligibility. I have no plans to extend medical card cover to persons with other long-term conditions.

Health Services.

John McGuinness

Ceist:

135 Mr. McGuinness asked the Minister for Health and Children the reason the community occupational therapy service have not been in contact with a person (details supplied) in County Kilkenny; if the necessary home aids which are required will be provided without further delay; and if she will make a statement on the matter. [8141/07]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. 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.

John McGuinness

Ceist:

136 Mr. McGuinness asked the Minister for Health and Children further to Parliamentary Question No 259 of 28 November 2006, her views on whether this is an unreasonable length of time for the Health Services Executive not to have issued a response; if she will introduce a time frame within which the HSE must respond; if she will request the HSE to intervene directly in the case outlined in the question; if she will insist on the person being allowed back to work or explain the delay their request to return to work has not been approved; and if she will make a statement on the matter. [8142/07]

My Department contacted the Health Services Executive, who informed us that a reply has been issued to the Deputy regarding this matter.

Nursing Home Subventions.

John McGuinness

Ceist:

137 Mr. McGuinness asked the Minister for Health and Children further to previous parliamentary questions if she will examine the case of a person (details supplied) in County Carlow; and if she will expedite a full review of the application and grant a substantial increase in view of the circumstances of the case. [8143/07]

From 1st January 2007 there are no longer three separate rates for subvention. Persons who apply may receive any amount up to a maximum of €300 per week. The payment of subvention is subject to means-testing. In addition, the HSE may pay an enhanced subvention to people who cannot afford to meet the cost of care. An extra €30 million has been provided in 2007 for this purpose. The HSE has recently finalised National Guidelines for the Standardised Implementation of the Nursing Home Subvention Scheme. Under the guidelines, the assessment of means will now be carried out using a national standard financial assessment method.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. 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.

Health Services.

Michael Ring

Ceist:

138 Mr. Ring asked the Minister for Health and Children when speech therapy will be provided to a person (details supplied) in County Galway; and if, it will not be provided, if she will award payment to cover the cost of availing of this speech therapy privately. [8171/07]

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

Hospital Services.

Damien English

Ceist:

139 Mr. English asked the Minister for Health and Children when a person (details supplied), who has had a scheduled hip replacement cancelled twice previously, will have this operation carried out. [8172/07]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. 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.

Health Services.

Fergus O'Dowd

Ceist:

140 Mr. O’Dowd asked the Minister for Health and Children if she will carry out an investigation into the deaths at Leas Cross Nursing Home and Bedford House Nursing Home as a matter of urgency; and if she will make a statement on the matter. [8173/07]

Fergus O'Dowd

Ceist:

141 Mr. O’Dowd asked the Minister for Health and Children if she will carry out an investigation into all aspects of the decision to move patients from St Ita’s Hospital Portrane to Leas Cross Nursing Home and Bedford House Nursing Home; and if she will make a statement on the matter. [8174/07]

The Deputy may wish to know that Minister Harney had discussions with a group representing relatives of patients at Leas Cross Nursing Home. She has indicated that she will ask a Senior Counsel to carry out an inquiry into matters relating to Leas Cross, including the transfer of patients from St Ita's to the home. The Department is currently drafting terms of reference which will be discussed with the relatives group shortly.

Hospital Services.

Paul Kehoe

Ceist:

142 Mr. Kehoe asked the Minister for Health and Children when a person (details supplied) in County Wexford will be given an appointment to see their consultant; and if she will make a statement on the matter. [8185/07]

The management of out-patient waiting lists is a matter for the Health Service Executive and the individual hospitals concerned. However, in 2005, at my request, the National Treatment Purchase Fund (NTPF) set up a number of out-patient pilot projects. The pilot programme operated successfully and 4,500 out-patients were seen in that year. In 2006, a further 6,250 patients were provided with out-patient appointments. The NTPF expects to increase the number by over 50% to 9,500 in 2007.

Patients waiting more than three months on an out-patient waiting list may qualify for treatment under the National Treatment Purchase Fund. It is open to the person in question or anyone acting on her behalf to contact the Fund directly in relation to this case.

Hospital Charges.

Brendan Howlin

Ceist:

143 Mr. Howlin asked the Minister for Health and Children if in relation to charges levied on people in receipt of in-patient services on premises where nursing care is provided on a 24 hour basis on those premises, the charges will be varied to take account of regular weekends and holidays spent by the patient in the family home or if the full charge of €120 is to be levied irrespective of time spent at home; and if she will make a statement on the matter. [8187/07]

The Health (Charges for In-Patient Services) Regulations 2005 have provided for two different classes of persons on whom charges may be levied. These regulations were signed by the Minister for Finance and the Minister for Health and Children on 14 January 2005.

Class 1

Class 1 refers to people in receipt of in-patient services on premises where nursing care is provided on a 24 hour basis on those premises. In this case, a weekly charge can be levied of €120 or the weekly income of that person less €35, whichever is the lesser.

Class 2

Class 2 refers to people in receipt of in-patient services on premises where nursing care is not provided on a 24 hour basis on those premises. In this situation, a weekly charge can be levied of €90, or the weekly income of that person less €55 or 60% of the weekly income of that person, whichever is the lesser.

These regulations provide for the maximum charge to be levied on either class of person. Charges are calculated using a standardised process, the details of which are available in the HSE's Long Stay National Guidelines. A number of exemptions exist under section 4(b) (3) of the Health Amendment Act 2005 and section 4(b) (4) allows for the reduction or waivering of a charge if it is necessary to so do to avoid undue financial hardship. The Guidelines also outline a number of allowable expenses.

In addition the HSE National Long Stay Guidelines state that "if the person is an in-patient for five out of seven days then the charge should be made pro-rata". Therefore if a person leaves the Long Stay Unit the charges for a short period of time such as to return home for a week-end, are reduced on a pro rata basis.

The HSE has the power to reduce or waive a charge on the grounds of "undue hardship". Under Section 1 (b) of the Health (Amendment) Act, 2005, the HSE can examine a person's overall financial situation in view of the person's reasonable expenditure in relation to themselves or their dependants, if any.

Services for People with Disabilities.

Catherine Murphy

Ceist:

144 Ms C. Murphy asked the Minister for Health and Children the number of court actions regarding the provision of resources such as speech and language therapy, occupational therapy, psychological services and multi-disciplinary teams for children with special needs in which she or her predecessors have acted as respondents that are pending and which took place each year since 2002 to date in 2007; the number of these actions which progressed to the hearing stage; the number of cases that resulted in the provision, by her Department, of the resources sought by the plaintiffs; the costs which were incurred by her Department in responding to these court actions; and if she will make a statement on the matter. [8203/07]

Since 2002, 85 cases have been entered against my Department in which applicants are seeking access to education and health support services. In cases involving children with disabilities this also includes, on occasion, access to appropriate health related supports. These cases were broken down as follows:

2002: 35 cases (15 Judicial Review, 20 Plenary)

2003: 18 cases (7 Judicial Review, 11 Plenary)

2004: 12 cases (5 Judicial Review, 7 Plenary)

2005: 9 cases (5 Judicial Review, 4 Plenary)

2006: 11 cases (7 Judicial Review, 4 Plenary)

2007: 2 cases (2 Plenary)

In that time, three cases have proceeded to full hearing, the first in 2003 and the second during 2005. The court ruled in favour of the State on both occasions. The third case has yet to be determined. A number of other cases which commenced prior to 2002 are also being dealt with by my Department. The cost to my Department, excluding the costs of the State defence which is borne by the Office of the Chief State Solicitor, in each of the years since 2002 was as follows:

2002

2003

2004

2005

2006

Legal Costs

Nil

2,492,579

1,339,660

2,741,436

1,030,435

Settlements

438,450

297,106

297,181

290,987

275,739

Total

438,450

2,789,685

1,636,841

3,032,423

1,306,174

Costs to date in 2007 amount to approximately €30,000. It should be noted that these figures do not include the cost of officials in my Department responding to these cases. These cases are, in the main, taken against the Department of Education and Science and allege a failure on behalf of the State to provide for an appropriate education as provided for in the Constitution. While these cases are mainly taken by parents of children with autism, there are also a number of cases relating to ADHD and intellectual, physical and sensory disabilities. The Deputy should note that the Department of Health and Children is not specifically named as a defendant in all of these cases but is involved due to its role in the formulation and development of policy in respect of the provision of health care and support services. The Health Act 2004 provided for the creation of the Health Service Executive, which was established on 1 January 2005. Pursuant to the Health Act, 2004, the HSE has the responsibility to manage and deliver or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for all health related supports. As such, my Department does not have a function in relation to the provision of services to individuals. In a number of the cases the Health Service Executive is also named as a co-defendant.

As the Deputy is aware there has been significant progress made over the past number of years in relation to enhancing and developing services for people with disabilities. An integral part of the National Disability Strategy is the implementation of two major legislative measures — the Disability Act 2005 and the Education for Persons with Special Educational Needs Act 2004 both of which provide a framework for the planning and delivery of health and personal social services and education services for people with disabilities. The Multi-Annual Investment Programme published by the Government in December 2004 as part of the National Disability Strategy contained details of specific commitments in relation to the provision of specific high priority disability services over the period 2006 to 2009. The programme, together with the enhancement of other key support services, is a key factor in building the additional capacity required to put in place the new framework provided for in the Disability Act and the Education for Persons with Special Educational Needs Act. The funding provided for in the National Disability Strategy amounts to €900 million over the period 2006 to 2009. Overall additional funding of €41 million was provided in 2006, the bulk of which will be used to enhance the level and range of multidisciplinary support services available to adults and children with intellectual, physical and sensory disabilities, autism and mental illness, with a priority on enhancing the assessment and support services for children with disabilities.

I am satisfied that the level of investment in disability services demonstrates that the Government is committed to the provision of appropriate services to enhance capacity within the health services in order to deliver on the various legislative provisions contained in the National Disability Strategy. This includes continued enhancements to all services to allow children with disabilities participate in the education system. Funding of €75m is being provided in 2007 that incorporates the 2007 element of the Government's multi-annual investment programme for the National Disability Strategy of which €41m is allocated to the provision of residential, respite and day services to those with an intellectual disability and autism. Included in this €41m is €2.2m for the transfer of persons with an intellectual disability from settings which are inappropriate to their needs. €12m is being provided for residential places and additional hours of personal assistance and home supports for persons with physical and sensory disabilities. €15m is being provided in 2007 to meet commitments relating to the enactment of Part II of the Disability Act 2005 which commences on 1 June 2007. Of the €75m, €5m is being provided for core underfunding deficits in voluntary organisations and €2m is being provided for increases in the capitation rate for Rehabilitation Training.

Medical Cards.

Bernard J. Durkan

Ceist:

145 Mr. Durkan asked the Minister for Health and Children the reason a medical card was refused in the case of a person (details supplied) in County Kildare; if same will be reissued as a matter of urgency; and if she will make a statement on the matter. [8210/07]

Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services. In 2005 the GP visit card was introduced as a graduated benefit so that people on lower incomes, particularly parents of young children, who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP.

Since the beginning of 2005 substantial changes have been made to the way in which people's eligibility for a medical card is assessed and these apply equally to the assessment process for a GP visit card. The income guidelines have been increased by a cumulative 29% and in addition allowance is now made for reasonable expenses incurred in respect of mortgage/rent, childcare and travel to work costs. In June 2006 I agreed a further adjustment to the income guidelines for GP visit cards. These are now 50% higher than those in respect of medical cards.

As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Telecommunications Services.

Paul Kehoe

Ceist:

146 Mr. Kehoe asked the Minister for Communications, Marine and Natural Resources the areas in Counties Carlow and Kilkenny that have no broadband facilities at present; his plans to rectify same; and if he will make a statement on the matter. [8138/07]

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).

It continues to be a priority of the Government that there will be broadband coverage across the entire country. The Government is addressing the infrastructure deficit in the regions by building high-speed, open access, carrier neutral Metropolitan Area Networks (MANs) in 120 towns and cities nationwide, on a phased basis in association with the local and regional authorities. Phase One of this Programme has so far delivered fibre optic networks to 27 towns and cities throughout the country. This Programme has been extended to more than 90 additional towns nationwide and these MANs are due for completion during 2007 and 2008. These Metropolitan Area Networks will allow the private sector to offer world-class broadband services at competitive costs.

Complementary to the MAN networks, the recently concluded Group Broadband Scheme (GBS) has funded over 120 projects specifically aimed at smaller communities. However, despite Government and private investment in broadband I am aware that there are still some parts of the country, including areas in County Carlow and County Kilkenny where the private sector is unable to justify the commercial provision of broadband connectivity. It is planned to address the question of availability of broadband to unserved areas via a new scheme which, when it is fully rolled out, will ensure that all reasonable requests for broadband from houses and premises in unserved areas are met. A Steering Group comprising officials from my Department and ComReg is currently considering all elements of the proposed scheme and work on the design of an appropriate tender is underway. Indicative maps are being prepared to help inform the tendering process.

My Department's website www.broadband.gov.ie gives full details of broadband availability in all areas, including ADSL, cable, fibre, satellite and fixed wireless. The website also lists prices of the various service levels on offer and contact details for each service provider.

Inland Fisheries.

Brian O'Shea

Ceist:

147 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if licences will be issued to snap net salmon fishermen on the Suir, Nore and Barrow in 2007; and if he will make a statement on the matter. [8147/07]

Brian O'Shea

Ceist:

148 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if, in the event of snap net fishermen not being given licences to fish in 2007, persons who held licences in 2006 will retain their entitlement to licences when they are next issued; and if he will make a statement on the matter. [8148/07]

Brian O'Shea

Ceist:

149 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if estuary drift net salmon fishermen on the Suir fishery will be granted licences to fish when the salmon stock exceed the conservation limit; and if he will make a statement on the matter. [8149/07]

I propose to take Questions Nos. 147 to 149, inclusive, together.

The Standing Scientific Committee of the National Salmon Commission has advised that stocks of salmon in the Rivers Suir, Nore and Barrow are below conservation limits. For this reason, the Wild Salmon and Sea Trout Tagging Scheme (No. 2) Regulations 2006 do not identify a surplus of fish available for harvest in 2007. Commercial fishing (including snap net licences) will therefore not be issued in 2007.

During 2007 fish stock assessment studies will be undertaken in order to forecast the position for 2008 and beyond. The Southern Regional Fisheries Board and the Marine Institute will monitor the stocks in developing a management plan for the rivers Suir, Nore and Barrow with a view to identifying the extent of the recovery, if any, arising from the cessation of the mixed stock commercial fishery and any stock rehabilitation works undertaken.

In the future event that stocks recover in each of the rivers of the Waterford Estuary, and it is established from the results of the Genetic Stock Identification Project that significant numbers of fish destined for other rivers are not intercepted within the rivers and estuary, it should be possible to exploit the identified surplus by all methods (drift-nets, draft-nets, snap-nets and rod) but within the constraints permitted by the Habitats Directive as transposed by the European Communities (National Habitats) Regulations 1997 (S.I. No. 94 of 1997).

While it is not the intention to issue commercial fishing licences for the Waterford District in 2007, any future issue of licences under the Control of Fishing for Salmon Order will recognise 2006 as the most recent year for fishing in determining the order for the allocation of licences. Anyone who makes an application and receives a payment under the Salmon Hardship Scheme will be required to give an undertaking not to make a future application for a commercial salmon licence.

Telecommunications Services.

Bernard J. Durkan

Ceist:

150 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extra television channels that will become available on the DTT pilot scheme in March 2007; and if he will make a statement on the matter. [8205/07]

The Digital Terrestrial Television (DTT) pilot scheme was launched in August 2006 and is currently in the "soft trial" phase during which network and user technologies are being tested.

Preparations are now under way for phase 2 of the trial, which will involve a closed trial with a limited number of public participants. This will start in March 2007 and additional content is expected to be added to the trial DTT service at this stage. It is expected that the content will include some UK mainstream channels, in addition to local or niche programming, with some Irish radio channels to be added at a later stage.

International Agreements.

Ivor Callely

Ceist:

151 Mr. Callely asked the Minister for Foreign Affairs if, in view of the slow pace of EPA negotiations and the unlikelihood of a new arrangement being in place when current arrangements run out on 1 January 2008, and in order to avoid any unnecessary disruption of ACP trade with the EU, particularly in dynamic sectors such as fruit and vegetable exports, the Government will commit itself to supporting the transitional extension of the Cotonou Agreement trade provisions, in order to allow the completion of EPA negotiations, which are being conducted in good faith by ACP negotiators; and if he will make a statement on the matter. [8104/07]

The mandate for the negotiation of Economic Partnership Agreements (EPAs) comes from the legally-binding Cotonou Agreement, the central objective of which is that of "reducing and eventually eradicating poverty, consistent with the objectives of sustainable development and the gradual integration of the ACP countries into the world economy".

In line with Article 37.1 of the Cotonou Agreement, negotiations began in September 2002 and the agreements are required to enter into force by 1 January 2008. For the purposes of EPA negotiations, the ACP states are organised into six regional groupings.

Negotiations are ongoing and four of the six ACP regions have either agreed or publicly affirmed the aim to conclude the negotiations within the given timeframe. In this context, I remain hopeful that the deadline envisaged under the Cotonou Agreement will be met and that the question of an extension will not arise. The Government will continue to follow the negotiations closely, and insist that they be conducted at all times in a manner sensitive to the development needs of the ACP states and their poverty reduction efforts.

Jack Wall

Ceist:

152 Mr. Wall asked the Minister for Foreign Affairs the position of the treaty adopted by the UN (details supplied); if a copy of the treaty is available; if Ireland is supportive of the proposal; the timescale of the adaption of the proposal; and if he will make a statement on the matter. [8119/07]

The UN Convention on the Rights of Persons with Disabilities was adopted by the UN General Assembly on 13 December 2006. I have arranged for a copy of the Convention to be forwarded to the Deputy. It can also be accessed on the internet at http://www.un.org/esa/socdev/enable/.

Ireland, along with our EU partners, was an active and supportive participant in the negotiations leading up to the agreement of the Convention. Ireland supported its adoption in December by the General Assembly. The draft Convention outlines the general obligations of States in relation to the rights of persons with disabilities. It aims to ensure that persons with disabilities are given an equal opportunity to enjoy their human rights and specifies that discrimination on the grounds of disability is impermissible.

The Convention states that it will open for signature on 30 March 2007 and that States may subsequently ratify the Convention. The Convention will enter into force on the thirtieth day after the deposit of the twentieth instrument of ratification or accession by States.

At present, my colleague, the Tánaiste and Minister for Justice, Equality and Law Reform, who has lead responsibility for equality issues for persons with disabilities, is examining the Convention before seeking Government approval for Ireland to sign the Convention. I am hopeful that Ireland will be in a position to do so at an early date. Thereafter the steps necessary to allow for ratification, and the timescale for these steps, will be primarily for the Tánaiste and his Department to consider.

Human Rights Issues.

Thomas P. Broughan

Ceist:

153 Mr. Broughan asked the Minister for Foreign Affairs the steps he has taken to ensure that the political and national rights of the Kurdish people are vindicated and defended in the various states which encompass Kurdistan at present; and if he will make a statement on the matter. [8170/07]

There are significant Kurdish minority populations in Turkey, Iraq and Iran, and a smaller population in parts of Syria. There are 15 million people of Kurdish ethnic origin living in Turkey, mostly in the south east of the country. The Government's concerns about the human rights situation in Turkey, including the situation of people of Kurdish origin are raised on a regular basis in our contacts with the Turkish Government. Most recently, I raised our concerns about the human rights situation in Turkey at my meeting with Turkish Foreign Minister Gul on the margins of the UN General Assembly last September and with Turkey's Chief European Union Negotiator, State Minister Babaçan, during his visit to Ireland on 2 November. In recent years Turkey has made significant progress in the adoption of wide-ranging political and legal reforms. Important human rights reforms have been introduced and legislation enacted aimed at strengthening the enforcement of human rights, including the cultural rights of all citizens including those of Kurdish origin. In this context, I welcome the beginning of broadcasting in the Kurdish language.

The security situation in the South–East of the country, which had gradually improved since 1999, has again become increasingly difficult in the last year. This follows the resumption of violence by the PKK, a Kurdish organisation that appears on the EU list of terrorist organisations. This led to violent clashes with the security forces in March 2006, which resulted in casualties including, very regrettably, civilian deaths. There are also suggestions that the group was involved in a series of bombings which took place in August 2006, where civilians, including foreign tourists were targeted. We continue to closely monitor developments in the region through our Embassy in Ankara, and in cooperation with our EU partners.

In Iraq, the de facto autonomy of the Kurdish region since the mid 1990s has been confirmed and strengthened following the end of the regime of Saddam Hussein. The two main Kurdish parties are key members of the broad coalition that makes up the Iraqi Government. The President of Iraq is the Kurdish leader Jalal Talibani. The new Iraqi Constitution, adopted by popular vote in October 2005, recognises Kurds as one of the component peoples of Iraq, and provides for the exercise of a large degree of autonomy by the three Kurdish provinces, acting together as a Kurdish region. There is reason to hope that this settlement, if it can survive the serious violence threatening to destabilise Iraq, can provide a long-term solution to the issue of the rights and aspirations of Kurds within Iraq.

The Government are not aware of any serious discrimination against Kurdish people in Iran specifically on the basis of their ethnic origin. However, the conservative regime which has come to power in Iran in recent years shows much less tolerance than its reformist predecessor for expressions of identity by Iran's many ethnic minorities, and this has led to violent incidents and arrests in a number of provincial cities, including in Kurdish areas. In addition, the overall human rights situation in Iran continues to be a matter of concern, and Ireland co-sponsored a resolution adopted by the UN General Assembly last December, which expressed serious concern at the continuing violations of human rights in Iran. Among a number of recommendations, the resolution called upon the Government of Iran to eliminate all forms of discrimination based on religious grounds or against persons belonging to minorities.

Regrettably, there has been a continual worsening of the human rights situation in Iran in recent years. The EU's human rights dialogue with Iran, through which we sought constructively to encourage improvements, has fallen into abeyance due to Iran's refusal to agree to further meetings. We will continue to monitor the human rights situation in Iran, including the situation of the Kurdish minority, through our Embassy in Tehran and in cooperation with our EU partners.

Sports Capital Programme.

John Perry

Ceist:

154 Mr. Perry asked the Minister for Arts, Sport and Tourism if he has received the application from a group (details supplied) in County Leitrim; if he will ensure that funding is allocated; when it will be sanctioned; the amount granted; and if he will make a statement on the matter. [8070/07]

I refer the Deputy to my answer to Parliamentary Question No. 394 of 27th February last.

Jim O'Keeffe

Ceist:

155 Mr. J. O’Keeffe asked the Minister for Arts, Sport and Tourism if in relation to the application for funding under the sports capital grants programme for a board (details supplied) in County Cork he will confirm that the application meets the eligibility criteria; the amount of funding available for allocation; when details of allocation will be released; and his views on the regional significance of this project. [8183/07]

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

Applications for funding under the 2007 programme were invited through advertisements in the Press on October 15th and 16th last. The closing date for receipt of applications was November 24th 2006. All applications received before the deadline, including one from the organisation in question, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. As the Deputy will appreciate, I am not in a position at this stage, prior to the completion of the assessment process, to comment on any individual application. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Health and Safety Regulations.

Jerry Cowley

Ceist:

156 Dr. Cowley asked the Minister for Enterprise, Trade and Employment if he will assure this Deputy that the Health and Safety Authorities investigation into an incident which took place (details supplied) will be given priority in view of the time factor involved; and if he will make a statement on the matter. [8061/07]

Jerry Cowley

Ceist:

157 Dr. Cowley asked the Minister for Enterprise, Trade and Employment his views on whether the delays in investigations by the Health and Safety Authority can be traumatic for families involved; if he will guarantee that the authority has sufficient resources available to conduct investigations speedily; and if he will make a statement on the matter. [8062/07]

Jerry Cowley

Ceist:

158 Dr. Cowley asked the Minister for Enterprise, Trade and Employment if he will guarantee that the one specialist investigation team within the Health and Safety Authority which is based in Cork is adequate to investigate all incidents; if the Health and Safety Authority has requested additional funding to increase this specialist unit; and if he will make a statement on the matter. [8063/07]

I propose to take Questions Nos. 156 to 158, inclusive, together.

In reply to PQ reference No. 31400 on 5th October last, I stated that the Health and Safety Authority had commissioned a report into the circumstances surrounding the incident referred to by the Deputy. This report was to ascertain the facts to assist in the determination of whether the Authority has a remit in relation to this matter. The Health and Safety Authority is now investigating the circumstances of the incident referred to as they relate to legislation within the Authority's remit. As this is an ongoing active investigation it would be inappropriate to make any further comment.

Although the incident took place in 2001, it was initially considered to be a traffic accident and outside the remit of the Health and Safety Authority. Following further consideration by the Authority and taking various views into account, the report referred to above was commissioned and in late 2006 the Authority commenced its investigation.

The Health and Safety Authority ensures that all workplace fatal accidents are the focus of an immediate investigation. It has developed and put in place extensive procedures to ensure that such investigations are conducted in line with best practice and has developed a Memorandum of Understanding with the gardaí to ensure the optimal utilisation of the resources available.

There has been a notable shift to prosecution on indictment by the Authority in recent years with 45% of the prosecutions in 2005 being taken in the Circuit Court. The criminal investigations undertaken by the Authority are conducted in a detailed and thorough way and this of itself can take considerable time. Investigations are kept under review to ensure that they are completed in as reasonable a time frame as possible.

The Authority, through its regionally based inspection staff and its dedicated investigation unit, ensures it is in a position to respond to occupationally related fatalities, dangerous occurrences and serious incidents. The Authority is continuously reviewing its deployment of resources in order that its work priorities can be met.

Jerry Cowley

Ceist:

159 Dr. Cowley asked the Minister for Enterprise, Trade and Employment the resources available to the Health and Safety Authority to investigate accidents in view of the increasing number of recent tragic and fatal accidents that have come within the remit of the authority; and if he will make a statement on the matter. [8082/07]

The total staffing of the Health and Safety Authority is 185, including 113 professional inspectors carrying out a range of roles including the investigation of accidents and complaints, the development of legislative proposals at EU and national level, development of guidance, liaison with representative bodies, inspection, promotion, information and advisory activities, and the prosecution of offenders. In 2005 the Authority established a Special Investigation Unit to enable it to devote specialist resources to the investigation of serious workplace accidents and fatalities. This year the Authority will receive an Exchequer grant of €22.513m which is an increase of 9.3% on the 2006 allocation of €20.598m.

Research Funding.

Finian McGrath

Ceist:

160 Mr. F. McGrath asked the Minister for Enterprise, Trade and Employment the amount of funding that will be available for research into new investment schemes. [8129/07]

The development of a knowledge-based economy is one of the key challenges and opportunities facing Ireland. Increasing international competition requires improvements in efficiency, quality and productivity and a growing need to innovate.

The Strategy for Science, Technology and Innovation, launched in June 2006, was devised to address these very demanding challenges. The Strategy, which constitutes one of the principal pillars of the NDP, strives towards a vision of an Ireland in 2013 internationally renowned for the excellence of its research and at the forefront in generating and using new knowledge for economic and social progress, within an innovation driven culture.

Over the lifetime of the NDP the State will invest €6.1 billion in STI as detailed in the programme areas below.

World Class Research STI — €3,462 million

Enterprise STI — €1,292 million

Agri-Food Research — €641 million

Energy Research — €149 million

Marine Research — €141 million

Geo-science — €33 million

Health research — €301 million

Environment Research — €93 million.

The investment in human capital, physical infrastructure and commercialisation of research outlined above is complemented by investment in initiatives set out in the NDP allocations for Higher Education and the IDA. Taking account of these amounts, the global NDP investment in STI amounts to €8.2 billion.

The imperative to invest in R&D and its applications is matched by the need to be innovative in other areas of the economy. Services, including financial services, constitute one such sector. To that end, Forfás has developed a document, Services Innovation in Ireland — Options for Innovation Policy, which draws on a number of case studies to identify the main drivers of innovation in Ireland and which makes the case for Ireland to develop specific policies for services innovation. That document has been circulated to key stakeholders for consultation. Feedback from this consultation will allow Forfás to develop further proposals in this sector in the context of its 2007 Work Programme.

Social Welfare Benefits.

Gay Mitchell

Ceist:

161 Mr. G. Mitchell asked the Minister for Social and Family Affairs if the rates allowed for rental properties for persons in receipt of rent supplement are to be reviewed; when the revised rates will come into effect; and if he will make a statement on the matter. [8086/07]

The supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive, provides for the payment of a rent supplement to assist eligible people who are unable to provide for their immediate accommodation needs from their own resources and who do not have accommodation available to them from any other source. Rent supplements are subject to a limit depending on household size, on the amount of rent that an applicant for rent supplement may incur. The objective is to ensure that rent supplement is not paid in respect of overly expensive accommodation. Notwithstanding these limits, under existing arrangements the Health Service Executive may, in certain circumstances, exceed the rent levels as an exceptional measure, for example: where there are special housing needs related to exceptional circumstances such as disabled persons in specially-adapted accommodation or homeless persons; where the tenant will be in a position to re-assume responsibility for his/her rent within a short period; and where the person concerned is entitled to an income disregard and has sufficient income to meet his or her basic needs after paying rent, taking into account the appropriate rate of rent supplement that is otherwise payable in the case.

This discretionary power ensures that individuals with particular needs can be accommodated within the scheme and specifically protects against homelessness. In November 2002, when the Central Statistics Office Privately Owned Rent Index first showed evidence of continued reductions in rent levels, regulations were introduced to set the maximum amount of rent in respect of which a rent supplement is payable. These limits remained in place to the end of December 2003. Further Regulations were introduced in December 2003 and July 2005 to prescribe the limits to be used up to December 2006.

My Department recently completed a review of the rent limits in order to determine if the existing maximum rent limits required any adjustments. The review took account of prevailing rent levels in the private rental sector generally, together with detailed input from the Health Service Executive on the market situation within each of its operational areas. The review also included consultation with the Department of the Environment, Heritage and Local Government and the Private Residential Tenancies Board. In addition, a number of the voluntary agencies working in this area made detailed submissions. This process is designed to ensure that the new rent limits reflect realistic market conditions throughout the country, and that they will continue to enable the different categories of eligible tenant households to secure and retain suitable rented accommodation to meet their respective needs. I recently introduced new Regulations setting rent limits for the period 26 January 2007 to 30 June 2008. These new Regulations provided for moderate increases in certain rent limits with no change in others — no rent limit was reduced. I am arranging for details of the new rent limits to be forwarded to the Deputy.

Pension Provisions.

Finian McGrath

Ceist:

162 Mr. F. McGrath asked the Minister for Social and Family Affairs if pension losses through major fraud scams have occurred; and if the pension and investment industry here is a safe haven for savings. [8128/07]

Finian McGrath

Ceist:

163 Mr. F. McGrath asked the Minister for Social and Family Affairs if the research carried out by a company (details supplied) on pension fund fraud is credible; and if he will investigate this matter. [8130/07]

I propose to take Questions Nos. 162 and 163 together.

I am informed by the Pensions Board that no case involving loss of pension scheme members' benefits, as a result of major fraud, have come to light. Ireland has a strong regulatory regime for financial services, involving the Pensions Board and the Financial Regulator, to control the sale and security of pensions and other financial products. In the case of occupational pension schemes the fact that pension assets are held in trust and are separated from the business of the sponsoring employer is an added safeguard for members' benefits.

I am not aware of the research referred to by the Deputy. However, the Pensions Board has been requested to review whatever material is available to establish if it has any relevance in an Irish context.

Question No. 164 answered with QuestionNo. 9.
Question No. 165 answered with QuestionNo. 22.
Question No. 166 answered with QuestionNo. 6.

Social Welfare Code.

Catherine Murphy

Ceist:

167 Ms C. Murphy asked the Minister for Social and Family Affairs if, in view of the Government’s stated intention to eliminate poverty here and the very real exposure to poverty faced by many children, he will amend the child benefit eligibility criteria to ensure that all children living here are entitled to a child benefit payment; and if he will make a statement on the matter. [8073/07]

Bernard J. Durkan

Ceist:

184 Mr. Durkan asked the Minister for Social and Family Affairs if his attention has been drawn to the hardship caused by the application of the habitual residency clause for those seeking child benefit; his plans to review same; and if he will make a statement on the matter. [8233/07]

I propose to take Questions Nos. 167 and 184 together.

Child benefit can be paid in respect of every child under the age of 16 years, who is ordinarily resident in the State. Payment can be extended to the 19th birthday if the child is in education, or disabled and incapable of self-support. The benefit is paid to the qualified person with whom the child resides and since 1 May 2004, the qualified person must satisfy the Habitual Residence Condition.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States without the transitional limitations which were being imposed at that time by most of the other Member States. The effect of the condition is that a person whose habitual residence is elsewhere is not paid social welfare payments on arrival in Ireland.

EU Regulations provide that migrant workers who are EEA nationals, i.e. EEA nationals who have been employed or self-employed since coming to this country, or receiving Irish Jobseeker's benefit, are entitled to payment of family benefits in respect of their families who reside in another Member State. In these circumstances the family members are treated as if they are habitually resident in Ireland for the purpose of Child Benefit.

For the period from 1 May 2004 to 31 January 2007, the number of child benefit claims that required particular examination of the habitual residence condition was 16,092. Of these only 1,557 (less than 10%) were disallowed. Those who are refused are mainly persons whose claim to asylum has not yet been decided, who do not have a work permit or who have only a minimal attachment to the workforce in Ireland.

I am satisfied that the habitual residence condition is achieving its intended purpose, allowing access to our social welfare schemes to persons who are genuinely and lawfully making Ireland their habitual residence, while preventing unwarranted access by persons who have little or no connection with the State. I have no plans to remove the condition.

Ivor Callely

Ceist:

168 Mr. Callely asked the Minister for Social and Family Affairs the progress that has been made with child benefit payments over the past few years; the current payment levels and the comparison figure for the period 1994 to 1997; and if he will make a statement on the matter. [8089/07]

Child benefit is a universal payment, paid in respect of children up to the age of 16 years. It continues to be paid in respect of children up to age 19 who are in full-time education, or who have a physical or mental disability.

The policy of the Government over the past number of years has been to substantially increase the amount spent on child benefit for all families. Commitment to this policy is reflected in the significant resources invested in the scheme since 2001, increasing monthly payments to €160.00 for each of the first two children and €195.00 for the third and subsequent children from April 2007. This represents increases of 320% and 294% respectively since 1997, compared to a 41.4% increase in the consumer price index over the same period.

The information on rates of pay sought by the Deputy can be found in the table.

Table: Child Benefit monthly rates 1994-2007

Year

1st and 2nd child

3rd and subsequent children

1994

25.39 Denotes rate for first to third child

31.74 Denotes fourth and subsequent children

1995

34.28

40.63

1996

36.82

43.17

1997

38.09

49.52

1998

40.00

53.33

1999

43.81

58.41

2000

53.96

71.11

2001

85.80

109.20

2002

117.60

147.30

2003

125.60

157.30

2004

131.60

163.30

2005

141.60

177.30

2006

150.00

185.00

2007

160.00

195.00

Ivor Callely

Ceist:

169 Mr. Callely asked the Minister for Social and Family Affairs if his Department has a role in the rent supplement process of a person’s application where there are concerns by the community welfare officer regarding the applicant’s social welfare payment; and if he will make a statement on the matter. [8090/07]

The supplementary welfare allowance scheme, which is administered on behalf of my Department by the Health Service Executive, provides for the payment of a weekly or monthly supplement in respect of rent to eligible persons in the State whose means are insufficient to meet their accommodation needs. While the administration of the scheme is subject to my general direction and control and my Department can provide advice and guidance to the Executive, neither I nor my Department has any function in relation to decisions on individual claims.

In order to be eligible for rent supplement, the Executive must verify that the applicant has satisfied a number of conditions, including that the person in question:

is habitually resident in the State,

is a bona fide tenant,

satisfies a means test, and

satisfies the Health Service Executive that he or she has a housing need which cannot be met from his or her own resources.

As part of the Executive's investigations into a person's circumstances they will, in general, seek to determine what payments, if any, the person is receiving directly from my Department. The Executive can verify the status of an applicant's social welfare payment either through direct access to my Department's computer systems or by contact with the section dealing with the individual's claim.

Voluntary Sector Funding.

Ivor Callely

Ceist:

170 Mr. Callely asked the Minister for Social and Family Affairs the funding available to groups or organisations that provide counselling services; the mechanism in place to monitor the quality of services provided and the standards required to be in place; and if he will make a statement on the matter. [8091/07]

The Family Support Agency administers the scheme of grants for voluntary organisations providing marriage, child and bereavement counselling services. This is a non-statutory scheme of once-off grants to voluntary organisations providing a range of family counselling services aimed at enhancing stability in family life, and assisting families and their members to deal with difficult periods which they may experience.

In 2006, over €9 million was provided by the Government to the Family Support Agency for the scheme and a total of 541 organisations countrywide received funding. In Budget 2007 I increased the funds available to the Family Support Agency for the scheme of grants to over €10 million. The availability of this funding was advertised in January and over 500 applications have been received and are currently being processed.

In processing applications indicators of quality of service include:

professional indemnity insurance in place

counsellors appropriately supervised

affiliation to a national accreditation standard setting body i.e. Irish Association for Counselling and Psychotherapy or Irish Association of Humanistic and Integrative Psychotherapy.

the evaluation of its services undertaken by an organisation

In addition, the Family Support Agency visit 10% of the organisations funded each year to evaluate the service being provided.

In January of this year I launched the review of the marriage, child and bereavement counselling scheme of grants, commissioned by the Agency and conducted by independent consultants Petrus Ltd. This review assessed the effectiveness of the scheme in terms of providing accessible and high quality counselling services to those who, without the support provided by the grants scheme, could not otherwise afford it or who would not otherwise access it, assessed the scheme in terms of value for money and made recommendations for measures which would facilitate the ongoing monitoring of the effectiveness of the scheme. The review provides overwhelming proof of the success of the counselling grants scheme. A sub group of the board of the Agency are currently examining the report with a view to further developing the scheme in line with the recommendations.

Social Insurance.

Paul Kehoe

Ceist:

171 Mr. Kehoe asked the Minister for Social and Family Affairs the type of stamp that was paid by FÁS for people who were on community employment schemes; and if he has plans to recognise the fact that people on such schemes were working. [8133/07]

The Community Employment (CE) scheme is a programme administered by FÁS which is designed to assist long-term unemployed and others who are distant from the labour force by offering them part-time and temporary work positions in jobs based within local communities. Following the placement, participants are actively encouraged to capitalise on the skills and experience that they have obtained through the scheme by seeking more permanent part-time and full-time opportunities within the mainstream workforce. Participants on the CE scheme are provided with an average of 39 hours of paid employment per fortnight for a one-year period.

Earnings from this work are liable to PRSI contributions at class A. Participants with reckonable weekly pay of €339 or less are insured at PRSI sub-class A8 and are exempt from paying a PRSI contribution, while participants with earnings exceeding that amount are insured under PRSI sub-class A9 which has an employee social insurance liability of 4 per cent of earnings after the first €127. In each case, the employer pays a reduced PRSI contribution of 0.50%.

The requirement to pay PRSI Class A contributions was introduced in the Social Welfare Act, 1996, to enhance the working status of CE participants and to afford them the same level of social protection as fully insured workers. This extension effectively placed these workers on an equal footing with PRSI Class A workers — both in terms of social insurance liabilities and benefits.

Pension Provisions.

Brian O'Shea

Ceist:

172 Mr. O’Shea asked the Minister for Social and Family Affairs his proposals to allow those persons whose income before their 56th birthday was below the threshold for liability to pay class S contributions and could not make voluntary contributions prior to their 56th birthdays due to the fact that they did not fulfil the requirements, make voluntary contributions retrospectively in order to qualify for State contributory old age pension; and if he will make a statement on the matter. [8151/07]

Compulsory social insurance for self-employed workers was introduced in 1988. In the legislation providing for Class S contributions, a general exclusion for people whose total income is below a certain threshold was put in place, similar to that which already existed for employees. The level at which a self-employed person becomes eligible for Class S contributions has remained unchanged over the 19 years since then.

Currently any self-employed person aged between 16 and 66 years and with a total income of €3,174 or more per annum is liable for social insurance contributions at 3 per cent of reckonable income. Contributions made at PRSI Class S provide cover for a range of income replacement benefits — including the state pension (contributory).

The state pension (contributory) is a social insurance payment made to both employed and self-employed persons aged 66 or over, who started paying social insurance contributions before reaching age 56. The standard qualifying conditions for contributory pensions require a person to enter insurance 10 years before pension age, pay a minimum of 260 contributions at the correct rate and achieve a yearly average of at least 10 contributions on their record from the time that they enter insurance until they reach pension age.

Those who are no longer liable for PRSI Class S contributions, for example if reckonable income falls below the €3,174 per annum threshold, may opt to protect pension entitlements by applying to become a voluntary contributor. In order to be admitted to the voluntary contributions scheme, a person must have a minimum of 260 weeks of PRSI paid in either employment or self-employment and apply within 12 months of being insurable. The requirement to have 260 paid contributions to gain access to the scheme ensures that the requisite number of paid contributions required is in place to establish a contributory pension entitlement.

There is no legal basis on which to accept contributions — retrospective or otherwise — apart from where a worker has a liability that is set out in legislation. The Government is committed as part of the Towards 2016 social partnership agreement to publish a Green Paper on all aspects of the pensions system, including social welfare pensions. It is expected that the Green Paper will be finalised around the end of March, 2007, and published shortly thereafter. A consultation process will then take place and the Government will respond to this by publishing a framework for future pensions policy.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

173 Mr. Durkan asked the Minister for Social and Family Affairs the amount of supplementary welfare allowance payable in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [8220/07]

The supplementary welfare allowance scheme is administered on my behalf by the Community Welfare division of the Health Service Executive (HSE). The Dublin/Mid-Leinster Area of the HSE has advised that the person concerned is an asylum seeker in receipt of a direct provision allowance of €19.10 granted to her when she resided at accommodation provided through the Reception and Integration Agency of the Department of Justice Equality and Law Reform.

The HSE has further advised that in view of her moving from direct provision accommodation, the payment of this allowance is currently under review and the Executive will notify the person concerned directly of the position.

Live Register.

Bernard J. Durkan

Ceist:

174 Mr. Durkan asked the Minister for Social and Family Affairs the extent to which unemployment levels have fluctuated in each of the past five years; and if he will make a statement on the matter. [8222/07]

The live register in January 2007 was 158,752. This is the lowest January figure in the past 5 years. The live register in each of the previous four months has also been at its lowest level for the month in question for the last five years.

Each year unemployment levels tend to be highest in July/August and lowest in October/November. This is due primarily to seasonal factors such as the lay off of temporary workers in the education sector in the summer months.

The lowest unemployment level in the past 5 years was in October 2006 when the live register was 148,506. The highest level over the past 5 years was in August 2003 when the live register was 185,953.

In 2002 the live register was lowest in May — 154,944 and highest in August — 173,563.

In 2003 the live register was lowest in November — 164,541 and highest in August — 185,953.

In 2004 the live register was lowest in November — 151,966 and highest in July — 177,501.

In 2005 the live register was lowest in October — 149,644 and highest in August 169,393.

In 2006 the live register was lowest in October — 148,506 and highest in August 169,614.

This shows that unemployment levels remain low at present.

Pension Provisions.

Bernard J. Durkan

Ceist:

175 Mr. Durkan asked the Minister for Social and Family Affairs if State pensions will be offered on a pro rata basis to all contributors regardless of their average number of annual contributions; and if he will make a statement on the matter. [8224/07]

In order to qualify for the maximum rate of the state pension (contributory) a person must, amongst other qualifying conditions, achieve a yearly average of at least 48 contributions paid or credited on his/her social insurance record. I am anxious to ensure that as many people as possible can qualify for a contributory pension and, in this regard, the range of reduced payments has been expanded over the years so that more people can receive a payment. Reduced pensions are paid to those with yearly averages as low as 10 contributions. Arrangements are also in place for the payment of pro-rata pensions to those with mixed rate insurance records, contributions from other EU member States or countries with which Ireland has a reciprocal agreement, and a number of special pensions such as the pre-53 are also available.

Overall, the pensions which people receive under the social welfare system represent good value for the level of contributions which many people pay and I think it is only reasonable to expect that those qualifying achieve a minimum level of contributions on their social insurance record. Such provisions are a common feature of pension systems in other countries.

The qualifying conditions for pensions are designed to uphold the contributory principles underlying eligibility for pensions which require that a person has made a sustained and ongoing commitment to social insurance. Awarding pensions on a pro-rata basis for any contributions made would not, I consider, be in keeping with these principles.

Issues in relation to contribution conditions are being examined in the context of the preparation of the Green Paper on pensions, which I expect will be finalized by the end of the month.

Bernard J. Durkan

Ceist:

176 Mr. Durkan asked the Minister for Social and Family Affairs if he is satisfied that applications for pension or other entitlements requiring contributions made in more than one country are processed within the shortest possible time with particular reference to countries with which bilateral agreements exist; and if he will make a statement on the matter. [8225/07]

Currently Ireland has bilateral social security agreements with seven countries: Austria, Australia, Canada, New Zealand, the United Kingdom, the USA and Switzerland. Ireland entered into a bilateral understanding with Canada on 1 October 1994. The main purpose of these agreements is to protect the social security pension rights of workers who have worked both in Ireland and the other country to which the agreements apply.

Bilateral agreements provide for periods of insurance and, where appropriate, periods treated as equivalent to periods of insurance in Ireland and the relevant country, to be combined for the purposes of calculating any pension entitlements. They also provide that workers posted on a temporary basis may continue to be covered under the social insurance system of the country in which they were previously insured.

Social welfare entitlements falling for examination under EU or bilateral agreements take a longer time to process than domestic claims due to the need to obtain and exchange information with the other countries involved. Additionally, the logistics involved in transferring information between institutions in different countries can lead to delays outside the control of my Department. Reviews of the implementation of EU and bilateral arrangements are carried out from time to time by officials of the Department to expedite transfers of information.

There is, at present, a build-up of claims for processing under EU and bilateral arrangements arising from the substantial increase in claims from EU nationals in recent years. In the majority of cases the people involved are in receipt of a pension from another Member State or country with which the Department has a bilateral agreement. My Department is endeavouring to process these claims as quickly as possible. Overtime and deployment of staff from other areas is currently being used to assist with the work.

Delays in processing applications do not ultimately result in any losses to pensioners in that those who qualify for payment have their claims backdated fully in accordance with the normal regulations for backdating pension claims.

Grant Payments.

Bernard J. Durkan

Ceist:

177 Mr. Durkan asked the Minister for Social and Family Affairs if he will ease the qualification guidelines for the back to education allowance; and if he will make a statement on the matter. [8226/07]

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

I reduced the qualifying period for access to the third level option of the scheme from 15 to 12 months in the 2005 Budget. At that time, I also increased the annual cost of education allowance, paid to people on BTEA, from €254 to €400.

Following an undertaking to the Dáil and the Social Affairs Committee, I further reduced the qualifying period for access to the third level option to 9 months. This condition applies to persons who are participating in the National Employment Action Plan (NEAP) process and where a FÁS Employment Services Officer recommends pursuance of a third level course of study as essential to the enhancement of the individuals employment prospects. This new condition also came into effect from 1 September 2005.

In the 2006 Budget, I announced that time spent in receipt of supplementary welfare allowance from the Health Services Executive or the direct provision system operated by the Department of Justice, Equality and Law Reform can count towards the qualifying period for back to education allowance in circumstances where the person establishes an entitlement to a relevant social welfare payment prior to commencing an approved course of study. This provision came into effect from 1 September 2006.

In the most recent Budget, I announced that people who are awarded Statutory Redundancy may access the BTEA scheme immediately provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study. I also reduced the qualifying period for illness benefit recipients from three to two years. These further improvements to the BTEA scheme will come into effect from the beginning of the new academic year i.e. 1 September 2007.

I will continue to monitor the scheme but I believe that, overall, the current arrangements ensure that my Department's back to education allowance scheme continues to support those people who are most distant from the labour market and whose need is greatest.

Rural Transport Services.

Bernard J. Durkan

Ceist:

178 Mr. Durkan asked the Minister for Social and Family Affairs if he or his Department will offer assistance to the development of rural transport in areas where public transport does not exist; and if he will make a statement on the matter. [8227/07]

The free travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators. The vast majority of private contractors providing services under the scheme operate in rural areas.

I am always willing to consider applications from licensed private transport operators who may wish to participate in the free travel scheme. However, while my Department pays transport providers to operate the free travel scheme, it is not in a position to provide transport services where none currently exist or to compel operators to participate in the scheme.

The issue of access to public transport in rural areas is being addressed at present through the Rural Transport Initiative, which is being managed by Pobal, formerly Area Development Management (ADM) on behalf of my colleague the Minister for Transport. My Department contributed €500,000 to the initiative in 2004, €750,000 in 2005, €850,000 in 2006, and will contribute €1.5 million in 2007 to ensure that free travel passholders continue to have access to community based transport services.

I will continue to review the operation of the free travel scheme with a view to identifying the scope for further improvements as resources permit.

Questions Nos. 179 and 180 answered with Question No. 68.

Pension Provisions.

Bernard J. Durkan

Ceist:

181 Mr. Durkan asked the Minister for Social and Family Affairs if he or his Department have examined the degree to which widows or widowers pensions could be improved in line with increased costs including family generated household running costs; and if he will make a statement on the matter. [8230/07]

One of the key objectives of the 2007 social welfare package was to protect and enhance the value of all weekly rates of payment, including the rate of widows or widowers pensions, in relative terms by giving increases which are well in excess of projected inflation (4.1%) for this year.

In Budget 2007, contributory State pensions, including the widow/er's contributory pension (aged 66 and over) were increased by €16 per week, or 8.3% with proportionate increases being given to those on reduced rates of payment. Last September, the State pension non-contributory replaced the widow/er's non-contributory pension (and other schemes) for widows and widowers aged 66 an over. The new pension was increased by €18 per week or 9.9%. This means that the Government has now achieved its commitment to bring the rate of the basic State pension to €200 per week.

Younger widows and widowers benefited from the €20 per week increase, or 12.1%, in the weekly rates of payment for persons of working age, including the widow/er's non-contributory pension (aged under 66) and the one parent family payment. This increase brings the lowest rates of payment to €185.80 per week, thereby ensuring that the Government commitment on the lowest rates of payment is fully achieved.

Widows and widowers with children also benefited from the increase in the child dependant allowances to €22 per week and the €10 per month increase in Child Benefit rates. In addition, the fuel allowance was increased by €4 per week to €18. This means that this allowance has doubled over the last two Budgets. Last September, I announced that the number of free units of electricity and gas paid under the Household Benefits Scheme would increase by 600 units a year to 2,400 units with effect from January last.

Finally, I increased the widowed parent grant by €1,300, to €4,000, with effect from Budget Day in recognition of the particular difficulties faced by widows and widowers on the death of a spouse. By any standards, the levels of increases and other improvements announced in the Budget were exceptional and a further demonstration of this Government's ongoing commitment to the most vulnerable in our society.

Questions Nos. 182 and 183 answered with Question No. 59.
Question No. 184 answered with Question No. 167.

Social Welfare Code.

David Stanton

Ceist:

185 Mr. Stanton asked the Minister for Social and Family Affairs further to Parliamentary Question No. 1191 of 31 January 2007, the schemes whose recipients will be allowed to qualify for the new half-rate carer's allowance; and if he will make a statement on the matter. [8234/07]

Carer's Allowance is a social assistance payment paid to people who are providing full time care and attention to a person who needs such care. The primary objective of the social welfare system is to provide income support and as a general rule only one weekly social welfare payment is payable to an individual. Persons qualifying for two social welfare payments receive the higher payment to which they are entitled. I am aware that this has been a cause of particular concern to people in receipt of a social welfare payment when they become carers. For that reason I was very pleased to introduce fundamental reforms in this area in Budget 2007.

In the Social Welfare and Pensions Bill 2007, which I published recently, I provided for new arrangements whereby people in receipt of a social welfare payment, who are also providing full time care and attention, will be able to retain their main welfare payment and receive another payment, depending on their means, the maximum of which will be equivalent to a half rate carer's allowance. A person currently in receipt of a carer's allowance, who may have an underlying entitlement to another social welfare payment, will be able to transfer to that payment and receive up to a half rate carer's allowance.

These new arrangements will apply to almost all weekly social welfare payments and to people in receipt of qualified adult allowances. Recipients of jobseeker's allowance or benefit will not be eligible for the new arrangements, given the nature of these payments. This is in line with the arrangements which currently apply to receipt of the respite care grant. It is estimated that approximately 18,000 carers will benefit from this measure at a cost of some €57 million in a full year.

"Towards 2016" commits the Government to continuing to review the scope for further development of the carer's allowance, carer's benefit and the respite care grant. I am committed to working for, and with, carers to deliver increased benefits, supports, and services for them and their families. The improvements for carers, which I announced in Budget 2007, are further evidence of this commitment.

Departmental Investigations.

David Stanton

Ceist:

186 Mr. Stanton asked the Minister for Social and Family Affairs if will provide details of each of the reports and reviews commissioned or conducted by his Department each year since 2003 to date in 2007; the cost of same; the publication dates of each of these reports; the progress made in implementing the recommendations of these reports; and if he will make a statement on the matter. [8235/07]

The information requested is currently being compiled within the Department and will be made available to the Deputy as soon as possible.

Public Transport.

Seán Crowe

Ceist:

187 Mr. Crowe asked the Minister for Transport the progress made on park and ride facilities in relation to Croke Park particularly on match days; and if he has interim proposals in relation to same. [8087/07]

Arrangements such as those referred to by the Deputy are a matter for the management of Croke Park and the relevant local authority.

Parking Regulations.

Róisín Shortall

Ceist:

188 Ms Shortall asked the Minister for Transport if he will provide copies or provide the website link to any guidelines issued to local authorities on the drafting and operation of by-laws in relation to meter and disc parking. [8178/07]

The Minister for Transport has a discretionary power under section 36(8) of the Road Traffic Act 1994 to issue guidelines to road authorities in relation to the content of bye-laws providing for the operation of pay parking schemes. This power to issue statutory guidelines has not been exercised to date.

A circular letter issued to road authorities in May 1997 enclosing Guidance Notes on section 36 and a copy of this circular letter will be forwarded to the Deputy.

Rail Network.

Fergus O'Dowd

Ceist:

189 Mr. O’Dowd asked the Minister for Transport if Iarnród Éireann will electrify the railway on the Northern Line as far as Drogheda; and if he will make a statement on the matter. [8180/07]

Transport 21 provides for the electrification of the northern line as far as Balbriggan. I have no proposals from Iarnród Eireann for the extension of the project to Drogheda.

Light Rail Project.

Róisín Shortall

Ceist:

190 Ms Shortall asked the Minister for Transport the progress made to date on completing the feasibility study on extending the Luas Line from Liffey Junction, via Finglas to Sillogue; the budget for the feasibility study; the amount spent to date; and the time scale for the completion of the project. [8188/07]

Transport 21 provides for a Luas line from the City Centre via Broadstone to Liffey Junction in Cabra to be completed in 2012. The Dublin Transportation Office's "A Platform for Change" provides for a continuation of this line via Finglas to Sillogue and Transport 21 contains funding for a feasibility study to be undertaken by the Railway Procurement Agency on such a future extension. However it would be premature to commence work on this feasibility study until the route for the line from St. Stephen's Green to Liffey Junction is decided.

While Transport 21 involves a very large commitment of financial resources, these resources are also finite and funding for the construction of a Luas extension from Liffey Junction to Finglas is not included in the ten-year envelope.

Parking Regulations.

Róisín Shortall

Ceist:

191 Ms Shortall asked the Minister for Transport if parking regulations as currently provided apply to parking on footpaths which are not in the charge of road or local authorities; and if he will make a statement on the matter. [8189/07]

Public roads are roads that are in the charge of a road authority. The remit of the Minister for Transport and of the road traffic and parking regulations made under the Road Traffic Acts 1961-2006 in relation to the prohibition on the parking of vehicles on footpaths only apply to footpaths on public roads.

Road Safety.

Róisín Shortall

Ceist:

192 Ms Shortall asked the Minister for Transport if he will use the opportunity of the impending Roads Bill to close the loop-hole whereby no urban speed limits apply to housing estates not yet taken in charge by the local authority. [8191/07]

Under the Road Traffic Act 2004 a speed limit applies to every public road across the country. A public road is one that has been taken in charge by a local authority and as a result the local authority has statutory responsibility for any improvement and maintenance works.

I do not propose to extend the application of the Road Traffic Acts to apply a default speed limit to non-public roads in private residential developments or to provide that local authorities can make special speed limit bye-laws in respect of such private roads.

Road Signage.

Róisín Shortall

Ceist:

193 Ms Shortall asked the Minister for Transport the progress made in completing the review of traffic signs; and if he will make a statement on the matter. [8192/07]

A range of new regulatory traffic signs was prescribed in the Road Traffic (Signs) Regulations 2006 (SI No. 637 of 2006).

Work is well progressed on the review of the Traffic Signs Manual in relation to non-regulatory traffic signs. As an interim measure, a direction was given to road authorities on 7 February last in relation to a revised Chapter 8 on temporary traffic measures and signs for roadworks and the authorisation of other new non-regulatory signs including those required for the operation of road tunnels.

It is intended that the review of the remaining Chapters of the Manual will be completed later this year and that any amendments required in relation to regulatory traffic signs identified in the review will also be pursued.

Parking Regulations.

Róisín Shortall

Ceist:

194 Ms Shortall asked the Minister for Transport the Statutory Instrument references for all amendments to S.I. No. 182 of 1997. [8193/07]

The statutory references to amendments made to S.I. No 182 of 1997 (Road Traffic (Traffic and Parking) Regulations 1997 are:

Road Traffic (Traffic and Parking) (Amendment) Regulations 1998 — S.I. No 274 of 1998

Road Traffic (Traffic and Parking) (Amendment) (No. 2) Regulations 1998 — S.I. No. 441 of 1998

Road Traffic (Traffic and Parking) (Amendment) Regulations 2003 — S.I. No. 98 of 2003

Road Traffic (Traffic and Parking) (Amendment) Regulations 2004 — S.I No. 404 of 2004

Road Traffic (Traffic and Parking) (Amendment) Regulations 2005 — S.I. No. 11 of 2005

Road Traffic (Control of Traffic) Regulations 2006 — S.I. No. 638 of 2006

Róisín Shortall

Ceist:

195 Ms Shortall asked the Minister for Transport the specific legislation, including section and subsection from which local authorities derive the authority to introduce residential disc parking. [8194/07]

The inclusion of a provision in pay parking by-laws by a road authority to grant residents' parking permits is discretionary. The enabling provision that a road authority can use is Section 36 (1) of the Road Traffic Act 1994.

In addition to the general power provided in subsection (1), it is a matter for each road authority to determine whether or not to provide in such by-laws for any of the matters that are set out under subsection (2) (a) to (i) or in subsection (4).

Róisín Shortall

Ceist:

196 Ms Shortall asked the Minister for Transport if he will provide a copy or the website link of the Ministerial guidelines in operation, as provided by Section 36 of the Road Traffic Act 1994, for the disposal of fees accrued by local authorities from parking regulations; and if he will make a statement on the matter. [8195/07]

Section 36 of the Road Traffic Act 1994 confers power on a road authority to determine, by resolution of the elected members of the council concerned, the manner in which any fees, accruing from the road authority's paid parking bye-law schemes, be disposed of.

Section 36 also confers a discretionary power on the Minister for Transport to issue general guidelines to road authorities in relation to the disposal of such fees. This discretionary statutory power has not been exercised to date.

Community Development.

John Perry

Ceist:

197 Mr. Perry asked the Minister for Community, Rural and Gaeltacht Affairs if he will ensure that funding is allocated to a group (details supplied) in County Leitrim for their application submitted to Pobal for financial assistance for office equipment for their offices; and if he will make a statement on the matter. [8071/07]

The processing of the approximately 1,300 applications received by my Department under this Programme is ongoing and I recently announced the first tranche of funding. The group referred to by the Deputy is not amongst those so far processed, however, I will be announcing further allocations of funding under this Programme in the coming months and I expect that, following completion of the assessment process, I will be in a position to make a decision regarding this group at that time.

Caiteachas Ranna.

Donal Moynihan

Ceist:

198 D’fhiafraigh Mr. D. Moynihan den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cé mhéad caiteachais a ceadaíodh faoi Scéim na mBóithre Áise sna ceantair Ghaeltachta i gCo. Chorcaí ó 2002 go deireadh na bliana 2006, an aontaíonn sé go bhfuil gá a leithéid de scéim a choinneáil i bhfeidhm amach anseo; agus an ndéanfaidh sé ráiteas ina thaobh. [8108/07]

Léirítear sa tábla leis seo líon agus luach na mbóithre a ceadaíodh i gCorcaí ó 2002 go 2006.

Feictear dom go bhfuil obair shuntasach ar mhaithe le muintir na Gaeltachta curtha i gcrích thar na blianta faoi Scéim na mBóithre Áise agus bheadh súil agam go leanfar leis sin amach anseo, ach soláthar airgeadais dóthaineach a bheith ar fáil do mo Roinnse.

Tábla: Líon agus luach na mbóithre a ceadaíodh i nGaeltacht Chorcaí sa tréimhse 2002-06

Ceantar

2002

Iomlán €

2003

Iomlán €

2004

Iomlán €

2005

Iomlán €

2006

Iomlán €

Baile Mhuirne

1

20,696

2

20,850

2

59,381

1

7,788

Maigh Chromtha

Lios a’Chrosaigh

1

27,300

Cill na Martra

3

60,463

3

28,150

Baile Mhic Íre

1

21,800

3

39,883

1

24,288

Béal Átha an Ghaorthaidh

3

38,790

1

6,500

1

19,641

2

35,458

3

52,000

Cúil Aodha

2

20,000

Ré na nDoirí

1

16,760

Carraig an Ime

1

8,500

Iomlán

5

86,786

5

88,763

8

100,374

10

172,537

4

59,788

Ferry Services.

Jim O'Keeffe

Ceist:

199 Mr. J. O’Keeffe asked the Minister for Community, Rural and Gaeltacht Affairs the reason, in the latest arrangement for the operation of the Cape Clear ferry, his Department failed to ensure that the provision requiring compliance with relevant regulations, including in particular the European Transfers of Undertakings Regulations, was included as in all previous contract arrangements relating to the ferry; and if he will make a statement on the matter. [8184/07]

I should advise the Deputy in the first instance of my understanding that sea-going vessels are exempt from the provisions of EU Directive 2001/23/EC of 12 March 2001 and Statutory Instrument 131 of 2003, European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.

In the matter of the awarding of contracts by my Department for subsidised island ferry services in general, the principles of openness, transparency and fairness are rigorously adhered to. In the particular case referred to by the Deputy, the Oileán Cléire cargo and passenger service, a public tendering process was initiated by my officials in August 2006, the outcome of which has been the decision to award a contract to a company based on the island, Tithe Saoire Chléire Teo, to provide the subsidised ferry service for the five year period from March 2007 to February 2012. It is a condition of the contract that the successful tenderer will purchase the existing State-owned vessel, Naomh Ciarán II, at the independently valued price of €135,000.

While I have no function in the matter, I understand that three of the four crew members employed under the former contract were offered employment with the new company. I should point out also that the sum of €190,691 was paid in redundancy settlements to crew members in 2001 when the decision was taken by the then Department of Arts, Heritage, Gaeltacht and the Islands to discontinue direct State management of the service and to lease the vessel instead to a newly formed, privately owned company, Naomh Ciarán II Oileán Cléire Teo. The contract governing that arrangement expired on 28 February 2007.

Grant Payments.

Michael Ring

Ceist:

200 Mr. Ring asked the Minister for Agriculture and Food when persons (details supplied) in County Mayo will receive the disadvantaged area scheme for 2006. [8057/07]

The persons named submitted a 2006 Disadvantaged Areas Scheme application on 21 April 2006. Full payment of €4,315.50 issued on 22 September 2006, directly by Electronic Funds Transfer (EFT) to the nominated bank account.

Paul Kehoe

Ceist:

201 Mr. Kehoe asked the Minister for Agriculture and Food when a person (details supplied) in County Wexford will receive their payment of single farm payment; the reason for the delay in payment of same; and if she will make a statement on the matter. [8092/07]

An application under the 2006 Single Payment Scheme / Disadvantaged Areas Scheme was received from the person named on 15 May 2006. Full payments totalling €10,187.16 in relation to the Single Payment Scheme issued on 16 October 2006 and 1 December 2006. A further payment of €2,858.91 issued on 30 November 2006 in respect of the 2006 Disadvantaged Areas Scheme.

The person named also submitted an application for an allocation of entitlements under the 2005 Single Payment Scheme National Reserve under Category B.

Category B caters for farmers who, between 1 January, 2000 and 19 October, 2003 made an investment in production capacity in a farming sector for which a direct payment under Livestock Premia and/or Arable Aid schemes would have been payable during the reference period 2000-2002. Investments can include purchase or long term lease of land, purchase of suckler and/or ewe quota or other investments.

The person named applied under Category B (111) in relation to the purchase of suckler quota and B (iv) for other investments and has been deemed successful under both categories.

However, the Regulations governing the Single Payment Scheme provide that checks must 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 only benefit from the measure that is most beneficial.

In this regard, the person named has already benefited from the New Entrant measure during the reference period and an allocation from the Reserve would result in double benefit. In this instance the New Entrant measure is financially more beneficial than the National Reserve and therefore the National Reserve will be rescinded in favour of the New Entrant measure.

A formal letter of decision will issue shortly to the person named. If the person named is dissatisfied with my Department's decision in relation to the National Reserve he will then have the opportunity to appeal this decision 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 at www.agriculture.gov.ie

Paul Kehoe

Ceist:

202 Mr. Kehoe asked the Minister for Agriculture and Food when a person (details supplied) will receive payment of their single farm payment; the reason for the delay in receiving payment; and if she will make a statement on the matter. [8093/07]

The person named made applications under the Trading of Entitlements and Consolidation measures of the Single Payment Scheme. These applications are currently being processed and payment will issue within the coming days.

Paul Kehoe

Ceist:

203 Mr. Kehoe asked the Minister for Agriculture and Food when a person (details supplied) in County Wexford will receive payment of their single farm payment; the reason for the delay in processing same; and if she will make a statement on the matter. [8094/07]

The position is that an application for the Transfer of Entitlements under the Single Payment Scheme to the person named was submitted on the 24th April 2006. During processing of the Transfer application, it was necessary for an official of my Department to write to the person named to seek clarification on certain matters relating to the application. Further documentation was received and the application is now fully processed. Payment in respect of 19.78 entitlements transferred by way of lease will issue shortly.

Milk Quota.

Seymour Crawford

Ceist:

204 Mr. Crawford asked the Minister for Agriculture and Food the number of gallons of milk quota transferred in each of the past five years under the old system; the number of gallons transferred to date in 2007 under the new system; if she is satisfied that the new system has achieved her stated ambitions for the scheme on behalf of young farmers; and if she will make a statement on the matter. [8154/07]

The following table summarises the volume of milk traded under the Restructuring Scheme since 2000.

Year

Quantity sold into Restructuring (million litres)

(million gallons)

2000

282

62

2001

83

18

2002

111

24

2003

166

37

2004

174

38

2005

177

39

2006

15

3

Under the first stage of the 2007/08 Milk Quota Trading Scheme a total of 120 million litres was offered for sale, of which 73 million litres was successfully traded. This is a very encouraging first step in the process of moving to a more open market system of trading milk quotas in Ireland. I am satisfied that young farmers in particular have successfully bought quota under the new scheme. The second stage of the 2007/08 Trading Scheme will be run in April.

Departmental Funding.

John Perry

Ceist:

205 Mr. Perry asked the Minister for Education and Science if she will give a commitment that capital funding will be given to a school (details supplied) in County Sligo in order that they can have both excellent and modern facilities to enhance the excellent quality of teaching provision for which the school is renowned; and if she will make a statement on the matter. [8072/07]

The College referred to by the Deputy is a designated College under the aegis of the Higher Education Authority (HEA). Accordingly, requests for capital funding from the College should in the first instance be addressed to the HEA. The Authority is responsible for, inter alia, evaluating capital proposals from institutions under its aegis and issuing recommendations to the Department regarding such proposals.

A proposal for capital developments at the College in question is currently being evaluated by the HEA. However, the HEA is not yet in a position to make a recommendation to my Department regarding the proposals as it awaits additional information from the College in this matter.

Medical Education.

Olivia Mitchell

Ceist:

206 Ms O. Mitchell asked the Minister for Education and Science if the graduate entry medical training scheme will commence at the start of the next academic year; if a decision has been made on the extent to which the doctor training scheme will be subsided; if a decision has been made on the level of tuition fees for the graduate programme; and if she will make a statement on the matter. [8102/07]

On 1 February 2006 the Minister for Health and Children and I published the report of the Fottrell Working Group on Undergraduate Medical Education and Training. As part of these reforms I am increasing the annual number of undergraduate places for Irish and EU students from 305 to 485. I am also introducing a separate graduate entry stream which will provide 240 additional places per annum. These increases will increase the annual number of medical places from 305 to 725.

The Higher Education Authority issued a competitive call for proposals to provide the new graduate entry programme on 24th November 2006, with a view to the additional places being provided on this programme in 2007. The closing date for receipt of the proposals was 31st January 2007. These proposals will now be examined by an independent panel of experts. It is expected that recommendations on the location or locations of the new programme will be made to my Department in March 2007. The call for proposals provides that the graduate entry programme will be supported by a combination of student fees, state funding and other income and proposers were asked to address these issues in their submissions. The call for proposals also required bidders to outline specific arrangements regarding access for under-represented groups. The extent of the subsidy and the level of fees for the graduate entry programme cannot therefore be addressed until the proposals have been fully examined and the recommendations received by my Department.

Departmental Correspondence.

Liam Aylward

Ceist:

207 Mr. Aylward asked the Minister for Education and Science if she will respond to the issues raised in correspondence (details supplied) to her Department; and if she will make a statement on the matter. [8112/07]

The Deputy will be aware that the National Council for Special Education, through the local special educational needs organiser (SENO), is responsible for processing applications from schools for special needs supports such as resource teaching and special needs assistant support on the basis of applications in respect of individual pupils. The SENO is also a focal point of contact for parents and schools.

I can confirm that applications for resource teaching support in respect of the children in question have been received by the local SENO. These applications are currently being considered and the SENO will convey a decision to the school authorities shortly.

Special Educational Needs.

Olwyn Enright

Ceist:

208 Ms Enright asked the Minister for Education and Science if home tuition will be provided for a person (details supplied) in County Limerick as a matter of urgency; and if she will make a statement on the matter. [8114/07]

The home tuition scheme provides funding to parents to facilitate the provision of education at home for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting a suitable educational placement.

I wish to advise the Deputy that my Department has no record of receiving an application for home tuition in respect of the pupil in question. Details of my Department's home tuition scheme together with an application form may be accessed on my Department's website www.education.ie.

Schools Building Projects.

Jack Wall

Ceist:

209 Mr. Wall asked the Minister for Education and Science the position regarding the provision of a new primary school (details supplied) in County Kildare; the timeframe for the provision of same; if her attention has further been drawn to the problems that are occurring due to overcrowding and so on at the school; and if she will make a statement on the matter. [8122/07]

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 building projects and progress on the proposed works is being considered in the context of the multi-annual School Building and Modernisation Programme.

Catchment Boundaries.

Liam Twomey

Ceist:

210 Dr. Twomey asked the Minister for Education and Science when catchment areas within County Wexford will be sorted out, particularly those in the Blackwater area; and if she will make a statement on the matter. [8127/07]

Catchment boundaries have their origins in the establishment of free post-primary education in the late 1960s and were determined following consultation with local educational interests. For planning purposes the country was divided into geographic districts each with several primary schools feeding into a post-primary centre with one or more post-primary schools. The intention was and continues to be that these defined districts facilitate the orderly planning of school provision and accommodation needs.

Reviews of catchment areas generally only take place when a post-primary school closes or when a new post primary school is being established. In the circumstances, it is not intended to carry out a review of county Wexford catchment boundaries.

Physical Education Facilities.

Thomas P. Broughan

Ceist:

211 Mr. Broughan asked the Minister for Education and Science the funding and other assistance being provided for the approved new physical education hall at a school (details supplied) in Dublin 13. [8157/07]

The school referred to by the Deputy has an application with the Department for major capital grant aid for a PE Hall. This project has been assessed in accordance with the published criteria for large scale building projects and has been assigned a Band 4 rating. Progress on the proposed project will be considered in the context of the multi-annual School Building and Modernisation programme.

Departmental Funding.

Paddy McHugh

Ceist:

212 Mr. McHugh asked the Minister for Education and Science if funding will be made available to a group (details supplied) for the employment of full-time development officers under the Children at Risk Fund; and if she will make a statement on the matter. [8158/07]

An application has been received from the group referred to by the Deputy under the Fund for the Development of Targeted Educational Responses to Certain Children at Risk. This Fund is the responsibility of my colleague, Minister for Children, Brian Lenihan T.D. The application will be considered in due course and the group will be notified of the outcome.

Special Educational Needs.

Catherine Murphy

Ceist:

213 Ms C. Murphy asked the Minister for Education and Science the number of court actions regarding the provision of school places for students with special needs and the provision of resources relating to students with special needs which her Department has been involved in during 2003, 2004, and 2005; the number of these actions which progressed to the hearing stage; the number of cases that resulted in the provision of the school places or resources sought by the plaintiffs; the costs which were incurred by her Department in responding to these court actions; the number of these actions which related to primary school education; the number of these actions which related to secondary school education; and if she will make a statement on the matter. [8202/07]

The numbers of court actions initiated against the Minister for Education and Science regarding the provision of school places for students with special needs or the provision of resources relating to students with special needs in the years referred to by the Deputy are as follows:

2003: 17 cases (8 Judicial Review, 9 Plenary).

2004: 17 cases (7 Judicial Review, 10 Plenary).

2005: 9 (4 Judicial Review, 5 Plenary).

Only three actions have gone as far as hearing in the courts since 2003. In two of these the Court ruled in favour of the State while judgment is awaited in the third.

Contributions made to the legal costs of Plaintiffs for each of the years 2003, 2004 and 2005 were approximately €3.8 million, €5.2 million and €1.2 million respectively. Ex gratia payments made in the settlement of these cases in the years 2003, 2004 and 2005 respectively were approximately €660,000, €420,000 and €100,000. The above payments do not refer exactly to those cases settled in that period, as payments are often made some time after settlement. Neither do the payments include the legal costs of the State itself in defending the proceedings, as these are borne by the Chief State Solicitor's Office.

Of the cases initiated in 2003, 14 related to primary or special school education, three to post primary; of those initiated in 2004, 15 related to primary or special school education and two to post primary; and of those initiated in 2005, eight related to primary and one to post primary.

Improving services for children with special needs has been and continues to be a major priority for this Government. Major progress has been made in recent years. Indeed, there are now 15,000 adults in our schools working solely with children with special needs — compared to just a fraction of this a few years back.

As well as providing for huge increases in staff, we have also improved the procedures for accessing extra support. A guaranteed allocation of resource teaching hours has been given to all primary schools, replacing the need for an individual assessment for every single child. And we have put a team of 80 local Special Educational Needs Organisers on the ground to work with parents and teachers and help them to get the appropriate support for their children. Further improvements in services are on the way, with the roll-out of the Education for Persons with Special Educational Needs Act 2004. Over €820 million is being provided for special education in 2007- €180 million, or nearly 30%, more than what was provided in the 2006 Estimates.

It is, I think, fair to say that the parents of children with special needs, who bring an action are, generally, seeking a particular form of provision for their child. The State makes every effort to reach an agreement with the parents while having regard to their genuine concerns and wishes, Government policy, the best interests of the child and the expert advice available to it. In the last six years, only three cases have gone as far as being ruled upon by the Courts, all of which the State successfully defended. Judgment of the High Court is currently awaited in a fourth case.

Obviously I would prefer to use all the resources available to me for the provision of educational services. However, once a case has been brought, the State is entitled to defend the case, particularly when it has a different view of how the best interests of the child can be met within its constitutional and statutory obligations.

The numbers of these cases taken against the State is showing a downward trend and I believe that the establishment of the National Council for Special Education will further assist in the reduction in litigation by providing through its Special Educational Needs Organisers, a more focused and local response to individual needs. In addition, with the phased implementation of the Education for Persons with Special Educational Needs Act 2004, parents who believe their child's needs are not being met will have a process of mediation and appeals open to them. These are likely to prove more appropriate, and less costly, fora for the resolution of these issues in the future.

Many of the cases taken against my Department over the years have related to provision for children with autistic spectrum disorders. The Government has attached a major priority to improving services for such children. There are currently: 181 special classes for children with autism, attached to special and mainstreams schools; 16 preschool classes; 5 special classes for children with Asperger's syndrome; and 14 stand alone facilities providing an Applied Behavioural Analysis (ABA) specific methodology on a pilot basis. Two of these facilities have yet to be established.

I wish to assure the Deputy that I am determined to improve services for children with special needs even further and that this will continue to be a priority for me.

Third Level Fees.

Bernard J. Durkan

Ceist:

214 Mr. Durkan asked the Minister for Education and Science the reason children whose parents have residency status must pay for third level education even though both parents work here; and if she will make a statement on the matter. [8206/07]

Under the terms of my Department's Free Fees Initiative the exchequer meets the tuition fees of full-time eligible students. The main conditions are that students must (a) be first-time undergraduates; (b) hold E.U. nationality; and (c) have been ordinarily resident in an E.U. Member State for at least three of the five years preceding their entry to an approved third level course. Students with official refugee status in Ireland and who have three years residency in Ireland (from official date of lodgement of application for refugee status) may also be considered under the Free Fees Initiative.

The Non EU spouse and dependent children of an EU migrant worker resident in the State may also be considered for free fees once they meet the other criteria of the scheme. Eligibility is determined at date of entry to the course of study. The third level institutions are autonomous bodies and, as such, may determine the level of fees to be charged in any cases where the Free Fees Initiative does not apply.

School Staffing.

Joan Burton

Ceist:

215 Ms Burton asked the Minister for Education and Science the number of additional English language support teachers allocated to schools in the Dublin 15 area; the number of teachers full-time and equivalent allocated to each primary school and each post-primary school, following her recent announcement; the duration for which these teachers are appointed; if they are permanent appointments; and if she will make a statement on the matter. [8237/07]

The information is not readily available in the format sought by the Deputy and would take an inordinate amount of administrative time to compile. However I have asked my officials to provide the Deputy with information in relation to the extra posts recently allocated to schools in the Dublin area and this will be forwarded directly to her.

I recently announced the schools which are to benefit from the 200 extra language support posts provided for in the 2007 Estimates. The additional 200 teachers are part of the Government's commitment in Towards 2016 to provide an extra 550 language support teachers by 2009 and to reform the limit of two teachers per school. It is intended that a further 350 language support teachers will be provided between 2008 and 2009.

These extra 200 posts, which are allocated on a temporary/fixed term basis, will bring the total number of language support teachers in our schools to 1,450. These new resources are intended for schools with large numbers of pupils who do not have English as a first language. Under the revised arrangements, depending on the number of eligible pupils enrolled, schools may now have up to six language support teachers. Under current arrangements, the additional language support to an individual pupil is generally given for a period of two years. However, it is accepted that children have different levels of language and different levels of aptitude for language learning.

In order to ensure that schools can accurately and objectively assess the language requirement of children, my Department will be sending to primary schools, assessment materials which have been developed by Integrate Ireland Language and Training (IILT). The assessment materials will enable schools to ensure that the specific language requirements of children needing support are met in a targeted way. The IILT materials will also enable accurate initial and on-going assessment of the language proficiency of the child and his or her need for continued language support.

Election Management System.

Arthur Morgan

Ceist:

216 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if he will require all polling stations to provide access for people with disabilities; if he will require all polling stations to provide polling booths at a sufficiently low height to accommodate wheelchair users; and if he will ensure this will be in place for the next general election; and if he will make a statement on the matter. [8065/07]

Under the Electoral Act 1992, the selection of buildings to be used as polling stations at an election or referendum is a matter for the returning officer. The Electoral (Amendment) Act 1996 provides that local authorities, in making polling schemes, shall endeavour to appoint polling places which allow the returning officer to provide at each place at least one polling station that is accessible to wheelchair users. The Act also requires that the returning officer shall, where practicable, provide polling stations which are accessible to wheelchair users. In addition, the Act requires the returning officer to provide at each polling station such other arrangements as may serve to facilitate the marking and placing in the ballot box of ballot papers by voters who may be wheelchair users.

Under the Act, the returning officer must, where practicable, give public notice of all polling stations which are inaccessible to wheelchair users not later than eight days before polling day. If an elector will have difficulty gaining access to his or her polling station, he or she may apply in writing to the returning officer for authorisation to vote at another polling station in the same constituency.

If a person has a physical disability or physical illness which prevents him or her from going to the polling station, the person can vote by post if he or she applies to be included in the postal voters list which is drawn up each year as part of the register of electors. In order to be entered on the postal voters list, the person must apply to the appropriate local authority by 25 November each year. After that date, an application for inclusion on the supplement to the postal voters list may be made.

Road Network.

Jerry Cowley

Ceist:

217 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if, when he provides funding to local authorities for the construction, repair and so on of rural roadworks, all local authorities comply with his Department’s DOE Guidelines on Surface Dressing 1981; and if he will make a statement on the matter. [8096/07]

Jerry Cowley

Ceist:

218 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government the mechanisms in place to ensure compliance with his Department’s DOE Guidelines on Surface Dressing 1981 when he provides funding to local authorities for the construction, repair and so on of rural roadworks; and if he will make a statement on the matter. [8097/07]

Jerry Cowley

Ceist:

219 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if, when he provides funding to local authorities for the construction repair and so on of rural roadworks, it is a condition of funding that the local authority complies with his Department's DOE Guidelines on Surface Dressing 1981; and if he will make a statement on the matter. [8098/07]

Jerry Cowley

Ceist:

220 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if, in view of the fact that his Department’s DOE surface dressing guidelines were issued by his Department as far back as 1982, he will assure this Deputy that these guidelines remain adequate, bearing in mind the increased traffic volumes on roads here and taking into account the advances in road construction methods; and if he will make a statement on the matter. [8099/07]

Jerry Cowley

Ceist:

221 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government the instances, when he provides funding to local authorities for the construction, repair and so on of rural roadworks, where funding has been revoked or suspended from a local authority due to failure to comply with his Department’s DOE Guidelines on Surface Dressing 1981; and if he will make a statement on the matter. [8100/07]

I propose to take Questions Nos. 217 to 221, inclusive, together.

The improvement and maintenance of non-national roads in its area is a statutory function of each road authority in accordance with the provisions of Section 13 of the Roads Act, 1993. A number of guidance documents have, however, issued to local authorities to assist them in carrying out their statutory functions, including my Department's document Surface Dressing, which was published in 1981 and applied up to 2005. Guidance in relation to surface dressing in Ireland generally was comprehensively reviewed by the National Roads Authority and my Department over the period 2003 to 2004, following which the Institute of Asphalt Technology Guidelines for Surface Dressing in Ireland were endorsed as suitable for surface dressing purposes.

Local authorities have been informed, in my Department's Memorandum on Grants for Non-national Roads, 2001, that grants for non-national roads are subject to the satisfactory implementation of quality control procedures to ensure that materials and products used in the works are in accordance with the relevant standards and specifications. In accordance with their statutory functions, it is a matter for each individual local authority to ensure that it complies with such standards and specifications.

My Department has not revoked or suspended grant assistance in respect of non-national roads from any local authority as a result of non-compliance with my Department's guidance document Surface Dressing or the Institute of Asphalt Technology guidelines.

My Department has no function in relation to national roads, which are the responsibility of the relevant local authority and the National Roads Authority operating under the aegis of my colleague the Minister for Transport.

National Monuments.

Seamus Kirk

Ceist:

222 Mr. Kirk asked the Minister for the Environment, Heritage and Local Government if he will work with the authorities in Northern Ireland to extend the battlefields research project on an all-island basis; and if he will make a statement on the matter. [8111/07]

The study of key Irish battlefields is a new research project being undertaken by the National Monuments Service of my Department which will ultimately assist in identifying the appropriate statutory protection for relevant battlefield sites under the national monuments legislative code. The National Monuments Service will be assisted by a panel of recognised external experts in the fields of military history, archaeology and mapping. I have invited nominees to the panel who will provide the best expertise available and who are academically and geographically representative of various national and educational institutions.

Given the historic resonance and relevance of this area of research in an all-island context I have invited a nominee to the panel from the Directorate of Built Heritage in the Environment and Heritage Service of the Department of the Environment, Northern Ireland. I understand that the Environment and Heritage Service is currently inputting data on battlefields into its Sites and Monuments Record and in this regard there are synergies with the battlefields research project being undertaken by my Department. It is intended to seek opportunities to maximise those synergies in the course of the battlefields research project. In addition, the inaugural meeting of the panel of experts to be held next month will be addressed by experts from England and Scotland on their experiences in the area of battlefield research and the compilation of relevant battlefield registers and inventories in those countries.

Local Authority Housing.

Eamon Gilmore

Ceist:

223 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government when he will approve a refurbishment scheme for a terrace (details supplied) in County Sligo; and if he will make a statement on the matter. [8136/07]

Under my Department's Remedial Works Scheme, Sligo Borough Council submitted a proposal for refurbishment works to the estate in question. My Department has requested further information from the Council to enable consideration to be given to the proposal. On receipt of this information from the Council a decision will be made on the matter.

Water and Sewerage Schemes.

Seymour Crawford

Ceist:

224 Mr. Crawford asked the Minister for the Environment, Heritage and Local Government the progress towards the provision of sewerage facilities for Ballybay Town Council; when funding will be made available; and if he will make a statement on the matter. [8155/07]

The Ballybay Sewerage Scheme is being advanced, with schemes for Castleblaney and Clones, as a grouped project under my Department's Water Services Investment Programme 2005-2007 at an overall estimated cost of €6.63m. My Department is awaiting submission of a Preliminary Report for the project by Monaghan County Council.

Register of Electors.

Michael Ring

Ceist:

225 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the reason correspondence to a local authority was not responded to with the result that a person (details supplied) in County Mayo was removed incorrectly from the Register of Electors, despite their wishes and despite this Deputy’s instructions to the contrary; his views on whether the recent review of the Register of Electors gives a more accurate picture of the electorate; and if he will make a statement on the matter. [8161/07]

In law, the preparation of the Register of Electors is a matter for each local registration authority. It is their duty to ensure, as far as possible and with the cooperation of the public, the accuracy and comprehensiveness of the Register.

Authorities were required to publish the final Register for 2007/8 by 1 February last. In working to compile the Register, authorities undertook and completed the most extensive registration campaign in decades. Figures received by my Department indicate that, in this work, some 555,000 names were removed from last year's register and 523,000 names were added. Overall, the Register for 2007/2008 contains over 32,000 fewer names than last year. In relation to those eligible to vote at Dáil elections, the new Register contains some 62,000 fewer names than last year.

Since the publication of the Draft Register in November, local authorities continued to make corrections with the result that the final register contains about 93,000 more names than at draft stage, or 86,000 more in the case of Dáil elections. On the basis of the work undertaken, I am satisfied that there has been a significant improvement in the accuracy and comprehensiveness of the Register. The final Register for 2007/2008 is now available for checking and individuals not on the Register can avail of the supplement to the register up until 15 days before the next polling day.

On the specific case referred to in the Question, I understand that Mayo County Council is making arrangements to contact the person concerned with a view to inclusion on the supplement.

Election Management System.

Fergus O'Dowd

Ceist:

226 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government the storage arrangements of all ancillary equipment for electronic voting such as tables; and if he will make a statement on the matter. [8162/07]

Responsibility for the security and safe storage of manual voting equipment (such as ballot boxes, stamping instruments, and stationery) is a matter for returning officers, who are statutorily responsible for conducting the polls. Accordingly, similar responsibility was assigned to them in relation to the storage of the electronic voting equipment.

The electronic voting equipment (including ancillary equipment) from Dublin City, Dublin County and Wicklow is now stored at centralised premises in Gormanston; information provided by returning officers in respect of storage of the balance of electronic voting equipment is set out in the following table.

County/City

Location of Storage Premises

Carlow-Kilkenny

Mortarstown

Cavan-Monaghan

Monaghan Town

Clare

Ennis

Cork City

Togher

Cork County

Ballygarvan

Donegal

Letterkenny

Galway

Galway City

Kerry

Tralee

Kildare

Clane

Laois-Offaly

Portlaoise

Limerick

Limerick City

Longford

Longford Town

Roscommon

Roscommon Town

Louth

Dundalk

Mayo

Castlebar

Meath

Navan

Sligo

Sligo Town

Leitrim

Carrick-on-Shannon

Tipperary (N&S)

Clonmel

Waterford

Waterford City

Westmeath

Mullingar

Wexford

Drinagh

Wildlife Conservation.

Pádraic McCormack

Ceist:

227 Mr. McCormack asked the Minister for the Environment, Heritage and Local Government the steps he will take to ensure that the traditional annual horse racing can take place in 2007 at Errismore, Ballyconneely, County Galway where horse racing has taken place for hundreds of years; if he will clarify the objections the Wildlife Section of the Office of Public Works and the National Wildlife Parks have to the continuation of this traditional annual event; if he will make an order allowing this annual local racing to take place again in June 2007; and if he will make a statement on the matter. [8182/07]

My Department has not received an application for a horseracing event to take place in 2007 at the above site.

However, applications for horse racing at Aillebrack beach were refused in 2005 and 2006 after detailed consideration of all issues involved. The most fundamental consideration was that a race meeting would have a significant negative impact on the machair habitat, which is a priority habitat under the EU Habitats Directive. Ireland has special responsibility for the conservation of machair as, within the EU, this habitat only occurs in Ireland and Scotland. My Department's determination of this matter was based on experience gained in 2004, when the race was permitted but resulted in significant damage to the machair.

Planning Issues.

Róisín Shortall

Ceist:

228 Ms Shortall asked the Minister for the Environment, Heritage and Local Government if his attention has been brought to the difficulty in the planning regulations which allow an exemption from planning permission for a change of use of a dwelling under Class 14(f) of the Exempted Development Regulations from private residence to a residence for persons with an intellectual or physical disability or mental illness and persons providing care for such persons but which currently do not require the developer to provide evidence of their capacity to provide such a service or any authentication or verification procedure with the Health Service Executive; if he will undertake to tighten up this loophole before it is incorrectly exploited; and if he will make a statement on the matter. [8190/07]

Planning regulations class as exempted development the change of use of a house to a residence for persons with an intellectual or physical disability or mental illness and for persons providing care for such persons. Conditions applying to this exemption limit the number of persons with such a disability or illness living in a house to a maximum of 6, and the number of resident carers to a maximum of 2. Regulations governing the qualifications of the persons providing such care would be a matter for the Minister for Health and Children.

Water and Sewerage Schemes.

Bernard J. Durkan

Ceist:

229 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he or his Department has received correspondence from a person (details supplied) in Dublin 13 in relation to building regulation guidelines regarding wastewater treatment systems; if he will meet with the group in question in order to resolve the matters; his plans to address this issue in early date; and if he will make a statement on the matter. [8208/07]

My Department has received a copy of the correspondence referred to. A comprehensive reply issued to the correspondent and in the circumstances I do not propose to meet with the group. I refer to the reply to Question No. 205 on 22 February 2007 on wastewater systems.

Barr
Roinn