Adjournment Debate.

Refugee Status.

Mr. Durkan

I thank the Ceann Comhairle for allowing me to raise this issue on the Adjournment. It relates to an unaccompanied minor who arrived in the State from Angola some years ago in need of care and attention and has been reporting to the Garda National Immigration Bureau on a regular basis. This person is highly respected and unassuming and is of good character and behaviour. He has been well received by the local community and has never been in any trouble. For some reason, however, he has received a double alert in recent days, which indicates that something is happening.

This person was not granted refugee status. Despite numerous parliamentary questions to the Minister for Justice, Equality and Law Reform, his case has not been re-examined. There is a substantial threat to his well-being in the event of him being deported. Until his arrival in Ireland, his life was spent in the shadow of war, threat, intimidation and danger. His behaviour while living here has been exemplary and his case is supported by the Dún Laoghaire relief project and by the people in his local community in Francis Street. He has great respect for the laws and institutions of the State.

He is one of a number of young people who arrived here as minors and are now adults. They know more about this country and have more friends here than in the countries in which they were born. They were, with good reason, allowed to remain here for several years. The assumption is that there is no danger or threat to them in returning to their home countries, but I do not accept that. A considerable threat remains to this person and the approximately 200 others in the same category. They have been allowed to remain here but their status has not been reviewed. They have not been allowed to work although they are quite willing to work. They have been educated here and were highly respected and given recognition by their teachers. I urge the Minister to take a compassionate and humanitarian approach and recognise the problem in respect of a specific group of young people, of whom this gentleman is one. He should address the issue, review this case and the others and offer an amnesty.

We have, rightly, campaigned for the legalisation of the undocumented Irish in the United States. The circumstances are vastly different, but as a wealthy country we should be conscious of the issues and compassionate in our dealings with people in this category.

Minister of State at the Department of Enterprise, Trade and Employment (Mr. M. Ahern)

On behalf of the Tánaiste, I will reply to Deputy Durkan. The Tánaiste has no intention to grant any amnesty to asylum seekers currently in the asylum determination process. Such a move would impact negatively on the very considerable progress made in terms of the reduction in asylum applications on hand, on processing timescales and on the State's ability to accommodate the individuals concerned. Moreover, it would also act as a pull factor by increasing applications being made in the State. The Deputy will be aware that the present trend in applications for asylum is substantially downward from a high of nearly 12,000 in 2002 to some 4,300 in 2006, a fall of almost 64%.

By way of illustration of pull factors, the Tánaiste would refer the Deputy to the fact that a considerable increase in asylum numbers was experienced in the aftermath of the July 1999 decision to allow asylum seekers access to the labour market. This led to a three-fold increase in the average number of applications per month, rising to 1,217 applications in December 1999 as compared to an average of 364 per month for the period January to July 1999.

With regard to what follows the asylum determination process, the Deputy will be aware that following the making of a negative recommendation to the Minister by the independent office of the Refugee Applications Commissioner, or by the Refugee Appeals Tribunal if an appeal was unsuccessfully made, the person concerned is informed in writing that it is proposed to make a deportation order in respect of him or her. The person concerned is then afforded three options vis-à-vis his or her position in the State, in accordance with section 3(3)(b)(ii) of the Immigration Act 1999, namely, to leave the State voluntarily; to consent to the making of a deportation order; or to submit, within 15 working days, written representations setting out the reasons he or she should not be deported, namely, why he or she should be allowed to remain temporarily in the State. The enforcement of any deportation order is an operational matter for the Garda National Immigration Bureau.

There is in place, between the Department of Justice, Equality and Law Reform and the International Organisation for Migration, IOM, a memorandum of understanding regarding voluntary return. The persons dealt with under these arrangements are those who wish to return permanently to their countries, but who do not have the means and-or travel documentation to do so. This programme has recently been extended to cover persons aged between 18 and 20 years who entered the asylum process as children.

Furthermore, in determining whether to make a deportation order or to grant temporary leave to remain in the State to a failed asylum applicant, the Tánaiste must have regard for the eleven factors set out in section 3(6) of the Immigration Act 1999, including consideration of any representations submitted by or on behalf of the person concerned in support of his or her application to be granted temporary leave to remain in the State. The Tánaiste must also have regard for the provisions of section 5 of the Refugee Act 1996 on the prohibition of refoulement before signing a deportation order. This means in essence that the safety of returning a person to their country of origin, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether to make a deportation order. Refoulement means that a person shall not be expelled from the State or returned in any manner whatsoever to a state where, in the Tánaiste’s opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. The Tánaiste’s Department uses extensive country of origin information, drawn from different independent sources, including the United Nations High Commission for Refugees, in evaluating in each case the safety of making returns to third countries.

Overall, the Tánaiste is satisfied that asylum applications and applications made by rejected asylum applicants for temporary leave to remain in the State are processed in a case specific and comprehensive way and he sees no justification for the granting of any amnesty in this area.

With regard to the case in question, the person referred to by the Deputy arrived in the State on 22 October 2001 as an unaccompanied minor and applied for asylum. I am constrained by law from making public the exact details of the asylum claim. The important point to note is that his claim was assessed by the two independent bodies, the office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal, both of which recommended that he did not qualify for refugee status under the 1996 Refugee Act.

I understand the Tánaiste has directed his officials to look again at the circumstances surrounding the proposed deportation of the individual concerned. It should be noted, however, that the person's credibility was called into question by the office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal. His evidence as to his departure, travel arrangements and arrival in this jurisdiction were found to be without credibility. He has not provided any documentation as evidence of his identity. I should also add that he was stopped by UK immigration at Holyhead in 2002 travelling into the UK from Ireland on a false Portuguese passport. He pleaded guilty to an offence under section 9(4)(a) of the Refugee Act 1996 and his case was dealt with under section 1(1) of the Probation Act.

On 25 June 2003, the person concerned was informed by letter that the Minister proposed to make a deportation order in respect of him and he was afforded three options in accordance with section 3(3)(b)(ii) of the Immigration Act 1999.

His case was examined under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 on the prohibition of refoulement. Consideration was given to representations received on his behalf from the refugee legal service for temporary leave to remain in the State. On 3 August 2004, the Minister refused temporary leave to remain and signed a deportation order in respect of him. Notice of this order was served by registered post requiring him to present himself to the Garda National Immigration Bureau, 13/14 Burgh Quay, Dublin 2, on 27 January 2005 in order to make travel arrangements for his deportation from the State.

The person concerned presented as required and has continued to comply with his reporting requirements. He is due to present again on Friday, 23 March 2007 at noon. He is awaiting deportation following a comprehensive examination of his asylum claim and of his application to remain temporarily in the State.

Community Development.

Mr. McGinley

I thank the Chair for the opportunity to raise this matter on the Adjournment. The village of Pettigo in south-west Donegal, straddling the Border between Fermanagh and Donegal, is probably one of the most forgotten villages in the country. Many people, including some from as far away as the Minister of State's constituency, have a passing familiarity with Pettigo because it is the last posting stage for a famous place of pilgrimage, Lough Derg.

Pettigo in Donegal and its sister village across the river, Tullyhommon in Fermanagh, are in the unusual position of being divided in two by the North-South Border, the Termon River. The community has been isolated for many years due to the troubles and missed out on development infrastructure. Area Development Management has identified Pettigo as an area of extreme poverty and disadvantage. While Tullyhommon had a population of 81 people in the 2001 census, Pettigo has a population of approximately 440 as far as I can judge from familiarity with the register there.

In common with many areas located within the Border region, Pettigo in Donegal and Tullyhommon in County Fermanagh are striving to recover from their experience as challenged social and economic blackspots with a negligible community infrastructure. While once a thriving market village on the great northern railway line, the village has suffered from the demise of the railway in the 1950s and the closure of numerous cross-Border roads during the height of the Troubles in Northern Ireland. The latter had the effect of cutting Pettigo off from much of its rural hinterland in Counties Fermanagh and Tyrone. Hence, there was a withdrawal of services, a reduction in investment, an absence of economic investment and employment opportunities, the stigma associated with proximity to the areas of conflict, a reduction in cross-Border traffic and social interaction, an increase in emigration, a decline in tourism and increased isolation of our already marginalised sectors, including farm families, the elderly and youth. Chronic unemployment, stubborn barriers to cross-Border trade and a dangerously low level of infrastructure and capital investment have led to minimal indigenous enterprise creation and an overall physical decline in the visual aspect of the village and its environs. Investment is desperately needed in the village, where dereliction continues to cause a problem with many buildings neglected and in disrepair in its centre. This does not project a positive image to the passerby, the tourist or whoever else may visit. The public toilets are in an extremely bad state too and not very inviting for anyone to use.

The future of the much needed playschool and after-school facility hangs in the balance as it has funding in place for staffing costs only until December. Depletion of services continues and last year two local businesses closed. All these issues are of concern and illustrate why the village needs major investment boosts such as a tax incentive initiative which would entice developers and ultimately create employment.

The Association for the Development of Pettigo and Tullyhommon, ADoPT's, Peace II funding expires at the end of December and further funding is essential to allow staff to continue to exploit future opportunities for the area. ADoPT has an old mill in which it would like to create workspace. The old stone outbuildings at the mill could be perfect to provide much needed respite care for the elderly. This would require a great deal of hard work, commitment and funding.

While the area is experiencing some growth in terms of new housing and residential development, the project promoters concluded that there was an imminent need for parallel social and community development that would reduce the marginalisation of communities on both sides of the Border and deepen the concept of cross-Border advancement partnership.

Pettigo community seems to have been forgotten. It is not mentioned in the Donegal county development plan 2006-12. Pettigo and Tullyhommon's socioeconomic data form a stark and compelling background to the need to enhance facilities and infrastructure for community development.

I am glad the Minister of State from the Department of Enterprise, Trade and Employment is here to respond to this matter. Perhaps he could pass my comments to other Departments because unless something is done rapidly the future for Pettigo and its people will be bleak.

Mr. M. Ahern

I thank the Deputy for raising this matter. While my colleague, the Minister for Enterprise, Trade and Employment, Deputy Martin, does not have functional responsibility for programmes for economic development, he does have responsibility in the area of job creation and improving the environment for job creation.

In July 2006, the Minister published the report of the interdepartmental group on Donegal. This group was established at the request of the Government following several major job losses in the county in recent years. The group was asked to focus on the progress being made on infrastructural requirements to make Donegal a more attractive location for enterprise creation, particularly as it makes the transition from traditional to modern and higher value-added industries. The National Development Plan 2007-2013, which includes substantial funding for infrastructure, and funding from Northern Ireland will help to improve these two towns.

The report showed that Donegal has no shortage of advantages and opportunities in so far as the promise of a brighter future for its inhabitants is concerned. There is a dynamic combination of State development agencies active in Donegal which are committed to enhancing the attraction of the county for business. These agencies have demonstrated the ability to provide a clear vision and focus for future economic development. IDA Ireland aims to pursue more knowledge-based greenfield foreign direct investment for Donegal and to convince existing IDA clients to transform their current operations into higher value activities. Enterprise Ireland will encourage and assist more innovative, technology-led companies and promote a greater level of start-up activity. These actions are in response to the challenges facing traditional industry in the county which is under pressure for competitiveness reasons and both agencies, as well as Údarás na Gaeltachta, are endeavouring to meet these challenges.

Enterprise Ireland has also been active in supporting the development of community enterprise centres in the north-west region, which are critical to continued enterprise development in rural areas and to the development of an entrepreneurial culture. Nine community enterprise centres in County Donegal have received funding of approximately €2 million under the community enterprise centre scheme to date.

In Donegal town, IDA Ireland has commissioned architects to design a 1,000 m2 office building at Lurganbuoy. It has applied for planning permission for the building and a decision from Donegal County Council is imminent. It is planned to enter discussion with the private sector regarding the construction and provision of this building as soon as planning permission is received and I am confident that a substantial number of new jobs will arise from this initiative.

In Ballyshannon, IDA Ireland has undertaken a significant amount of site development work on the industrial estate and this work is now complete. The County Enterprise Board will continue to provide existing and new supports to micro-enterprises such as Enviro Grind Limited in Pettigo, complementing the work of IDA Ireland and Enterprise Ireland.

The absence of much-needed infrastructure has been highlighted as an obstacle to job creation in Donegal over several years. I was pleased to see that the interdepartmental report highlighted several developments under way or planned in the areas of road and air transport, water supply and treatment, broadband, energy and education. These have been solidified and strengthened in the recently launched National Development Plan 2007-2013. Hopefully funding coming from Northern Ireland will complement that investment. In the national development plan particular emphasis has also been placed on North-South co-operation and development which will be of direct benefit to Donegal. A recent study on the development of the all-island economy sets out a clear and strong economic rationale for all-island economic activity. InterTrade Ireland, the all-island trade and business development body set up under the Good Friday Agreement, supports the development of key business networks on the island, including the North West Science and Technology Partnership.

This partnership between industry, academia and other key stakeholders focusses on strengthening science and technology-based innovation and business in the north west. Major advantages for Donegal will flow from the continuing progress to follow the re-establishment of the political institutions in Northern Ireland.

The north-west region is a priority area for IDA Ireland and Enterprise Ireland as the agencies continue to market this region strongly for new investment. The job creation achieved over the past year is largely a result of the ongoing commitment to Donegal from the State development agencies which will continue this commitment. There have been significant employment developments for Donegal recently. In addition to Abbott, recent major job announcements include SITA, ZEUS, PowerBoard and AssetCo. This Government and the State development agencies are fully committed to fostering the environment for job creation in Donegal with economic benefits accruing across the county to urban and rural areas.

Schools Building Projects.

Mr. Crawford

I thank the Ceann Comhairle for the opportunity to raise this important issue, and the Minister of State for coming in to respond. I hope his response will be positive.

This matter refers to a small Church of Ireland school in the middle of Rockcorry village which has been reconstructed over the years but as the population of the village has increased so too have the numbers attending the school. The issues worrying the parents, teachers and patrons are that the school is overcrowded, making work difficult for the principal and teachers. There are only two classrooms for a school of 36, with two waiting to see if there is room for them. This is not suitable. Projected pupil numbers for 2010 are 45 children, not taking into account the many houses planned for the village and the surrounding area. Fire safety issues are of serious concern and health and safety issues are acute, as the school stands at the junction of the Ballybay and Cootehill roads. There are no facilities for pupils with disabilities in the existing school. It is a two-storey building and the pupils must go up and down a house-type stairway. Delivery of children to the school and their collection are both hazardous because there are no proper parking spaces.

As I understand it, the school board applied for a grant under the small schools scheme and did not know there was a problem with its application until the chairman of the board rang the officials in Tullamore. He was told he needed to provide confirmation of site ownership urgently. Two days later, after hectic work, confirmation was provided by the school's solicitor, Mr. George V. Maloney, and a message of confirmation was supplied to the Department. However, it was then stated that it should have been received earlier and therefore could not be accepted.

It is a pity that the school, given its circumstances, was not advised that full legal confirmation was needed; otherwise it could certainly have acted earlier. This is the only issue preventing the school from being included in this year's finance programme. Many schools, to which financial commitments have been made, have not been proceeded with and I, therefore, urge the Minister of State to ensure that funding is made available to allow this very important project to proceed, in the interest of safety and for the benefit of less well-off children. These children cannot be provided with their special educational requirements other than in corridors, which is not acceptable in this day and age. I beg the Minister of State to return to the Department to ensure that it understands fully that this matter is urgent and that the technicality in question needs to be addressed in an appropriate manner.

Mr. M. Ahern

I thank the Deputy for raising the matter as it affords me the opportunity to outline to the House the Government's strategy for capital investment in education projects and also the position on the application for a new school building for Rockcorry national school, Rockcorry, County Monaghan.

Modernising facilities in our 3,200 primary and 750 post-primary schools is not an easy task given the legacy of decades of under-investment in this area, in addition to the need to respond to emerging needs in areas of rapid population growth. Nonetheless, since taking office this Government has shown focused determination to improve the condition of our school buildings and to ensure that appropriate facilities are in place to enable the implementation of a broad and balanced curriculum. As evidence of this commitment, more than €540 million will be available to be spent on schools building and modernisation projects in the coming year. This will cover both primary and post-primary schools throughout the country.

Since 1997, a total of €3 billion has been invested in school buildings and this has delivered more than 7,800 school building projects. The further investment of over €540 million will build on these achievements and focus in particular on the provision of school accommodation in areas where the population is growing at a rapid rate. As further evidence of our commitment, national development plan funding of approximately €4.5 billion will be invested in schools over the coming years.

I am sure the Deputy will agree that this record level of investment is a positive testament to the high priority the Government attaches to ensuring that school accommodation is of the highest standard possible. Moreover, to reduce red tape and allow projects to move faster, responsibility for smaller projects has been devolved to school level. Standard designs have also been developed for eight-classroom and 16-classroom schools to facilitate speedier delivery of projects and save on design fees. The design and build method is also used to expedite delivery where the use of standard designs is not possible. Taken together with the unprecedented level of funding available, these initiatives ensure that building projects are delivered in the fastest timeframe possible.

Turning to the school in question, Rockcorry Church of Ireland national school is a coeducational primary school and has a September 2006 enrolment of 36 pupils. Enrolments at this school have increased in recent years from 21 pupils in 2001 to 36 pupils in 2006. An application was received in the Department from the school authority under the small schools scheme 2007. On 5 March 2007, the Department announced details of the schools to receive funding under this scheme.

Due to the volume of applications received in the Department, it was not possible to allocate funding to all proposed projects and the application from Rockcorry national school was not successful in this instance. However, should the school authority wish to appeal this decision, it may do so in writing to the school planning section of the Department. It is also open to the school authority to apply for funding under the 2008 scheme, details of which will be announced later this year. The Department acknowledges that the site is in the ownership of the school.

I thank the Deputy for raising this matter and allowing me to outline the progress being made under the schools building and modernisation programme and the position on the application for a new school building for Rockcorry national school, Rockcorry, County Monaghan.

Mr. M. Higgins

I am grateful for the opportunity to speak about certain schools. I encourage the Minister of State, Deputy Michael Ahern, not to read out his self-congratulatory set of paragraphs but rather to commit to speaking to the member of Cabinet with responsibility, who might, unusually, provide clear timescales in respect of what I have to say.

A number of the schools in question are Irish language schools. Baineann siad le Gaeilge, ach ós rud é go bhfuil siad measctha — ní hí Gaeilge amháin atá i gceist — leanfaidh mé ar aghaidh i mBéarla. Gaelscoil Dara, for example, is 22 years in temporary buildings. When will the necessary adequate site for the school be provided? Tá Gaeilscoil Dara ann le tamall fada, níos mó ná 20 bliain, agus faigheann sí tacaíocht ó mhuintir na Gaillimhe. Tá a lán daltaí inti. Aríst is aríst eile, bíonn sé i gceist suíomh a chur ar fáil don scoil sin, rud ar a dtugann an Roinn "láithreán". Níl aon eolas dearfach againn maidir le cathain a chuirfear an láithreán ar fáil ná cá mbeidh sé, áfach.

The issue of Gaelscoil de hÍde in Oranmore, County Galway, has been turned into a political farce. Public representatives have attended a number of meetings and I have tabled parliamentary questions and raised the matter on the Adjournment. The latest is that the OPW is investigating several sites and conducting talks. Will the school be in a position to welcome students in the coming autumn or not? Cá bhfuil an suíomh sin, agus cathain a bheidh sé ar chumas na dtuismitheoirí agus na múinteoirí liosta a cheapadh don scoilbhliain atá le teacht?

Consider Scoil na hAirde Móire, whose uimhir rolla is 105911. Tá mé ag cur ceisteanna faoin scoil sin leis na blianta. I am not interested in who neglected the school in the past or if it was neglected for several generations. I am simply asking whether a new school will be provided or whether such urgent repairs as will enable proper education to take place will be made.

On Scoil Mhuire, Clarinbridge, many parents have written to me stating they are awaiting definite answers on vital works that need to be carried out at the school. The same is true of Scoil Bhríde in Shantalla in Galway city — this is in my area — and Scoil Bhríde in Tír na Cille, An Mám, Contae na Gaillimhe. The poor parents affected — God bless them — are wondering about the long period for which their children must wait for services. They are waiting for permission to get a bus.

I am bearing in mind the context in which I raise the issue of these schools. While one cannot move capital moneys from one Department to another, it is worth bearing in mind that the OPW had €55 million unspent last year. It ran on into the current financial year €31 million in respect of projects that are as yet unspecified. It yielded up €24 million to the Department of Finance. As a former Minister, I do not regard it as a great performance to yield up this amount to the Department of Finance, nor can it be regarded as a sparkling performance not to be able to spend €55 million when there are so many urgent cases in front of the Minister of State's nose. Why could we not have deflected that money to urgent works for the repair of schools, including those I have mentioned? I appeal to the Minister of State simply to give a precise date to those involved so this can be lifted out of the realm of politics and the atmosphere into which we will all be plunged as we prepare for the general election. The children deserve that.

Mr. M. Ahern

On behalf of the Minister for Education and Science, I thank the Deputy for raising these matters as it affords me the opportunity to outline to this House the Department of Education and Science position regarding the development of education provision in the schools outlined by the Deputy. I will highlight with the Minister the request for a date.

Gaelscoil Dara, Renmore, is a co-educational primary school with a current staffing of a principal and ten mainstream assistant teachers. Enrolments at the school have increased from 230 in 2002 to 270 currently. Officials in the Department have completed an assessment of the application for a new build school and the long term projected staffing for the school and I can confirm that the proposed accommodation will be for a principal and 16 mainstream teachers and this information has been notified to the school authorities.

The Department is actively engaged in sourcing a suitable site to facilitate the construction of a new school building and to that end is in ongoing discussions with the GMIT. The Deputy can be assured that the permanent accommodation needs of the school is being addressed as expeditiously as possible.

Gaelscoil de hÍde, Oranmore, is a co-educational primary school with a current staffing of a principal and six mainstream assistant teachers. Enrolments at the school have increased from 125 in 2002 to 170 currently. Again, officials in the Department have completed an assessment of the application for a new build school and the long-term projected staffing for Gaelscoil de hÍde, Oranmore, will be for a principal plus 16 mainstream teachers and this also has been notified to the school authorities.

The current position regarding the site acquisition is that the Office of Public Works, which acts generally on behalf of the Department on the acquisition of sites for schools, has been asked to source a suitable site for Gaelscoil de hÍde. On foot of advertisements a number of proposals were received and a technical assessment on the proposed sites was conducted. The OPW is currently in negotiations on the acquisition of the most suitable of these sites and is also in consultation with the local authority on how best to progress matters.

Scoil Phobail Mhic Dara, Carna, is a co-educational post-primary school. Enrolments at the school have decreased from 209 in 2002 to 155 currently. An application for an extension has been received from the school management authority. The application has been assessed in accordance with the published prioritisation criteria and is being considered in the context of the multi-annual school building and modernisation programme.

Scoil Mhuire, Clarinbridge, is a co-educational primary school with a current staffing of a principal and eight mainstream assistant teachers and one permanent developing post. Enrolments at the school have increased from 176 in 2002 to 245 currently. Officials in the Department have completed an assessment of the application for an extension to the school and the long-term projected staffing for Scoil Mhuire, Clarinbridge, will be for a principal plus 12 mainstream teachers and this has been notified to the school authorities.

The Department of Education and Science officials are in the process of drawing up a detailed accommodation brief for this school. A site visit is required to inform the final brief for the project and officials will be in contact with the school authority to arrange a site visit. On completion of the brief, the project will be considered in the context of the multi-annual school building and modernisation programme.

Scoil Bhríde, Shantalla, Galway city, is a co-educational primary school with a current staffing of a principal and 13 mainstream assistant teachers. Enrolments at the school have increased from 289 in 2002 to 365 currently. An application for capital funding was received in May 2006 from Scoil Bhríde, Shantalla. This application will be assessed with reference to factors such as current and projected enrolments at the school, the likely impact of ongoing and proposed housing developments and existing provision in the general area. When this assessment is complete, a decision will be taken on how best to provide for the current and emerging accommodation needs at the school. The proposed project will be considered in the context of the multi-annual school building and modernisation programme.

I thank the Deputy once again for raising these matters——

Dáil Éireann díospóireacht - Thursday, 22 Mar 2007