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Dáil Éireann díospóireacht -
Thursday, 5 Jul 2007

Vol. 637 No. 7

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 13, inclusive, answered orally.

Tourism Revenue.

Emmet Stagg

Ceist:

14 Deputy Emmet Stagg asked the Minister for Arts, Sport and Tourism his views on a recent report by Fáilte Ireland that the Ryder Cup injected €143 million into the economy and if he will make a statement on the matter. [19253/07]

Following Ireland's successful hosting of the Ryder Cup in September of last year, Fáilte Ireland, in conjunction with the PGA / European Tour, commissioned Deloitte and Touche, Consultants, to conduct an economic impact assessment on the Ryder Cup in Ireland. According to the Report, the findings of which were announced in April last, the 2006 Ryder Cup was worth a record €143 million to the Irish economy. This total direct economic impact figure of €143 million exceeded pre-event predictions of €130 million and represented a significant 32% increase on the impact of the 2002 Ryder Cup in England and an 80% increase on that of the 1997 Ryder Cup in Spain. It also, I understand, excluded the "downstream" effect of the additional expenditure generated by The Ryder Cup, where direct spending is recycled through the economy, bringing further benefit. By applying carefully selected economic models, Deloitte calculated that when this effect is taken into account, the full impact of the 2006 Ryder Cup on the Irish Economy was around €240 million. However, not only did the Report provide welcome confirmation that the total economic benefit of the event to the economy comfortably exceeded earlier estimates, it also confirmed previously reported perceptions about our visitors' experience, with over 80% suggesting that they would return to Ireland in the future and 92% prepared to recommend Ireland as a golfing holiday destination. The challenge now for our tourism agencies and for the industry generally is to build on that positive outcome and to ensure that the legacy of the Ryder Cup 2006 is secured for the benefit of Irish tourism.

Sports Capital Programme.

Bernard J. Durkan

Ceist:

15 Deputy Bernard J. Durkan asked the Minister for Arts, Sport and Tourism if he will give favourable consideration to providing grant aid towards the provision of drop-in or indoor recreational centres in areas affected by anti-social behaviour due in large part to a lack of recreational facilities; and if he will make a statement on the matter. [19350/07]

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 towards the provision of sport and recreational facilities. In total, since 1998, capital funding of €568 million has been allocated in respect of 6,716 projects all over Ireland, as well as several major infrastructure projects. One of the stated objectives of the sports capital programme is to prioritise the needs of disadvantaged areas in the provision of sports facilities. In keeping with Government policy, allocations under the programme reflect special priority for the development of sports and recreational facilities in areas designated as disadvantaged i.e. RAPID, CLÁR and Local Drugs Task Force areas. My Department liaises closely with the Department of Community, Rural and Gaeltacht Affairs, Pobal and Local Authorities with regard to continuing to prioritise applications for sports capital funding from areas designated by Government as disadvantaged.I am pleased to say that in the period 2003 to 2007 almost €152 million has been allocated through the sports capital programme towards the provision of a wide variety of indoor and outdoor multi-purpose and sport specific facilities in disadvantaged areas which are providing excellent opportunities for people of all ages in the communities concerned to participate in sport and physical recreation in modern top class facilities and in positive social environments. In addition, my Department's National Sports Facility Strategy will help identify any gaps in provision and will assist in the targeting, support and funding of areas of greatest need including those people experiencing social and economic disadvantage.Through my Department special funding of €1.98 million has been allocated from the dormant account funds this year for projects that are increasing participation in sports and recreation in disadvantaged areas. This investment is having a positive impact on the lives of young people in disadvantaged areas. In total 781 worthwhile projects throughout the country are benefiting from grants ranging from €500 to €10,000. A variety of sporting and recreation activities for disadvantaged young people are being supported including funding for coaching, training, purchase of equipment, hire of facilities and outings to activity centres.The funding is being distributed through 33 Local Sports Partnerships and Local Authorities, where no Local Sports Partnership currently exists, whose knowledge and expertise was called upon in identifying worthy projects throughout the country.

Sport and Recreational Development.

Richard Bruton

Ceist:

16 Deputy Richard Bruton asked the Minister for Arts, Sport and Tourism when the nationwide audit of sports facilities will be completed; and if he will make a statement on the matter. [19303/07]

The nationwide audit of sports facilities has commenced and is being carried out in stages to help speed up the availability of information. Phase One is being carried out within my Department and will establish a record of national and regional sports facilities. The audit is part of a wider exercise to put in place a more strategic approach to the provision of sports facilities in Ireland. This National Sports Facility Strategy will aim to: increase opportunities among people of all ages to participate in sport; increase rates of participation in sport among people of all ages; and improve performance levels through access to appropriate facilities.

A key objective in relation to the preparation of the National Sports Facility Strategy is to ensure consistency "on a nationwide basis" in relation to the completion of the audit facility so that inter-regional planning can be undertaken. With this in mind, the preparation of a guidance pack and survey/audit toolkit for use by Local Authorities and / or Local Sports Partnerships to assist them in carrying out local audit has been prioritised as part of the Sports Facility Strategy. This element of the strategy will greatly help in the completion of the audit.

Sports Capital Programme.

Jack Wall

Ceist:

17 Deputy Jack Wall asked the Minister for Arts, Sport and Tourism further to the performance of the Irish Cricket team in the recent World Cup and in view of the promise to fund a new ground for cricket, his views on whether such a new ground should be built; if he has met the Irish Cricket Union to discuss same; if he will initiate a feasibility study; if such proposals are being considered; and if he will make a statement on the matter. [19242/07]

I would like to put on record my pride and delight at the outstanding performance of the Irish Cricket Team who qualified for the Super Eight stage at the Cricket World Cup in the West Indies. This was an unprecedented achievement for the Irish Cricket Team.

The sports capital programme, which is administered by my Department, is the primary means of providing funding to sporting clubs, voluntary and community organisations towards the provision of sporting facilities at local, regional and national level throughout the country. The programme is advertised on an annual basis. All applications received are evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme.

I am aware of the wish of the Irish Cricket Union to develop a new ground for cricket in Ireland. In this connection I understand that the Irish Cricket Union has established a committee, chaired by the President of the Union, to draw up proposals and make recommendations in relation to the establishment of this facility. I look forward to receiving these proposals in due course.

National Concert Hall.

Billy Timmins

Ceist:

18 Deputy Billy Timmins asked the Minister for Arts, Sport and Tourism the position regarding the redevelopment of the National Concert Hall; and if he will make a statement on the matter. [19323/07]

The National Concert Hall, within its limited space at Earlsfort Terrace, is highly energetic and operates with a strong commercial market focus. Seat occupancy consistently exceeds 80% with patrons being turned away from many "house full" events.

The Government has decided to redevelop the Concert Hall which will incorporate a main auditorium with a seating capacity for 2,000 patrons, the existing auditorium, which will be retained as a rehearsal hall and a mid-scale public performance space, and a smaller flexible hall. This three-hall configuration will enable the National Concert Hall to provide for public demand including the staging of key performances by top-class world artistes at reasonable ticket prices.

The redeveloped Concert Hall will meet the requirement for universal access. Furthermore, the proposal incorporates easy access for large articulated trucks transporting orchestral and concert equipment. It is envisaged that the Earlsfort Terrace buildings would be re-united with the Iveagh Gardens, facilitating increased public access and new public rooms, cafes and restaurants would over-look the Gardens and the city.

Contracts for the purchase of the interest of University College Dublin in the Earlsfort Terrace site were executed on 20 September, 2006. University College Dublin has already transferred some of its personnel and functions to Belfield and will decant from the remainder in 2007. A lease back arrangement has been put in place by OPW with the college until late 2007, by which time the college will have fully vacated the premises.

In accordance with the decision of the Government, the redeveloped National Concert Hall will be a Design Build Finance Maintain type Public Private Partnership project. It is being overseen by an Interagency Steering Committee, which is chaired by the Secretary General of my Department. This committee includes the Chairman of the Office of Public Works, the Chairman of the Board of the National Concert Hall, the Manager of Dublin City Council, a representative of the National Development Finance Agency, and the Assistant Secretary of my Department with responsibility for the Arts and Culture brief. The Director of the National Concert Hall also attends the meetings of the Steering Committee. My Department provides the Secretariat to the Committee.

The task of the Interagency Steering Committee, in general terms, is to oversee the procurement, negotiation and construction phases of the design/build/finance/maintain PPP for the redevelopment of the National Concert Hall, in compliance with relevant Department of Finance Guidelines and in adherence to the terms of the Government Decisions germane to the project, and to realise the vision set for the project. A Project Committee has been established to progress the detailed work. The accommodation brief for the redeveloped National Concert Hall has been approved by the Steering Committee. The Process Auditor and legal advisors have been engaged. The procedures required to engage financial and technical expertise to carry this project forward are under way at present. These advisors will play an important role in carrying out the very extensive work which has to be completed prior to the seeking of tenders for the PPP project.

I look forward to this project progressing speedily and officially through the PPP process so that Dublin will have a Concert Hall which will be on a par with leading concert halls in capital cities throughout Europe and which will enable the current and expanding market demand for musical entertainment to be met.

Legislative Programme.

Thomas P. Broughan

Ceist:

19 Deputy Thomas P. Broughan asked the Minister for Arts, Sport and Tourism his legislative priorities for the remainder of 2007; and if he will make a statement on the matter. [19245/07]

My legislative priorities for 2007 are the Irish Sports Council (Amendment) Bill and the Bord na gCon (Amendment) Bill. The purpose of the Irish Sports Council (Amendment) Bill is to provide for the granting of powers to the Irish Sports Council to establish subsidiary companies which will facilitate the establishment of the Irish Institute of Sport and Coaching Ireland. The Bord na gCon (Amendment) Bill is intended to give effect to the recommendations of the recent "Dalton" Report into certain matters affecting Bord na gCon. The Bill deals with the reconfiguration of the Board, with particular reference to the number and tenure of ordinary Board members and the tenure of the Chairman, and the need to separate regulatory functions from promotional functions, both of which are now the responsibility of Bord na gCon. I hope to publish these Bills later this year.

Swimming Pool Projects.

Jim O'Keeffe

Ceist:

20 Deputy Jim O’Keeffe asked the Minister for Arts, Sport and Tourism when it is expected that the local authority swimming pool programme will re-open for applications. [19172/07]

My Department is completing an Expenditure Review of the Local Authority Swimming Pool Programme at present. The Review is examining, among other things, how the programme has worked to date and what changes, if any, are required to ensure its effective and efficient delivery. Thereafter, following consideration of the recommendations in the Review, it is my intention to launch a new round of the Local Authority Swimming Pool Programme. As the Deputy will be aware, there is a provision of €184m in the National Development Plan, 2007-2013 in respect of the Local Authority Swimming Pool Programme.

Local Development Programme.

Bernard Allen

Ceist:

21 Deputy Bernard Allen asked the Minister for Arts, Sport and Tourism if his Department will arrange a feasibility study regarding the development of a major regional conference centre in the Shannon/Limerick area with a minimum capacity of 2000 delegates; and if he will make a statement on the matter. [19301/07]

My Department will shortly engage with the relevant tourism bodies in order to establish how the commitment in the Programme for Government to "investigate the feasibility of a Regional Conference Centre in the Shannon/Limerick area" can best be progressed.

Horseracing Industry.

Charles Flanagan

Ceist:

22 Deputy Charles Flanagan asked the Minister for Arts, Sport and Tourism if, in view of the value of local race meetings in the development of regional tourism, his Department will develop a strategy to promote Irish horseracing meets internationally; and if he will make a statement on the matter. [19337/07]

Ireland offers a unique racing experience to the race going public both at home and abroad. I am satisfied that Horse Racing Ireland (HRI), in close collaboration with Fáilte Ireland and Tourism Ireland, is very much engaged in marketing that unique experience internationally.

HRI, as the national authority for racing, includes within its remit, the representation of Irish racing abroad. Through its board, its senior executives and its international marketing subsidiary, Irish Thoroughbred Marketing, it promotes and enhances the reputation of the Irish thoroughbred industry internationally. HRI's five year Strategic Plan specifically prioritises the development and promotion of Ireland as a world centre of excellence for horse racing and breeding and I have every confidence that they are committing the necessary resources to that task.

I am aware that HRI carries out extensive promotion of Irish racing in the UK and works in close collaboration with Fáilte Ireland and Tourism Ireland in this regard. My Department has encouraged synergies between the bodies and the parties now meet on a regular basis and work on a number of joint strategies for the UK market. Their combined trade stand at the Cheltenham meetings in November and March, promotes racing at all Irish racecourses and assists British racegoers in planning their visits to Ireland. The Irish Racing Festivals are particularly popular and the Punchestown Festival, in particular, is proving a major attraction for UK racegoers. Recent independent research carried out by NUI Maynooth indicated that almost 20% of the attendances at Punchestown Festival are from the UK.

Following the success of these initiatives in recent years, HRI and Fáilte Ireland have recently agreed on an additional joint programme to promote racing in Ireland in September. This is a unique month in Irish racing, providing a full spectrum of the racing experience from small local meetings to world-class contests including Laytown, Leopardstown, Galway, the Curragh and Listowel. It has been identified as an ideal opportunity to showcase Irish racing to a UK audience.

I also understand that HRI has invested significantly in upgrading its website, providing comprehensive information on all 27 Irish racecourses. Visitors to the website can also register to receive a weekly newsletter on Irish racing and copies of HRI publications such as the ‘Courses for Horses' booklet, which includes recommendations on places to stay and things to do while attending any of Ireland's racecourses. The website is the most important point of contact between Irish racing and the international market and currently attracts some 150,000 visits per month.

This is a golden era for Irish racing, given the level of success achieved by our horses, trainers and jockeys, both at home and abroad which has contributed to the growing international reputation of Ireland as a world leader in the industry. I am confident that the combined expertise of the agencies will produce the right result for horseracing and for tourism and that the level of attendees from abroad, currently in the region of 70,000, can be increased.

Stadium Development.

Ruairí Quinn

Ceist:

23 Deputy Ruairí Quinn asked the Minister for Arts, Sport and Tourism when the tendering process for the construction of the new national stadium at Lansdowne Road will be complete; if there have been many responses to the initial tender; and if he will make a statement on the matter. [19244/07]

James Reilly

Ceist:

28 Deputy James Reilly asked the Minister for Arts, Sport and Tourism the status of the redevelopment of the Lansdowne Road Stadium; and if he will make a statement on the matter. [19327/07]

Ruairí Quinn

Ceist:

34 Deputy Ruairí Quinn asked the Minister for Arts, Sport and Tourism the progress of the re-development of Lansdowne Road as the new national stadium now that the demolition of the old stadium has begun; the timeframe for the construction of the new stadium; if further planning issues or disputes may arise; the latest estimated cost of the redevelopment; and if he will make a statement on the matter. [19243/07]

I propose to take Questions Nos. 23, 28 and 34 together.

As the House is aware, in January 2004, the Government agreed to provide funding of €191m towards the redevelopment of Lansdowne Road Stadium as a 50,000 capacity all-seater state-of-the-art facility. The decision in March last by An Bord Pleanála to grant permission for the project cleared the way for the redevelopment of Lansdowne Road to commence. The Lansdowne Road Stadium Development Company commenced the demolition of the old stadium in May 2007. The estimated construction period is approximately 29 months and the new stadium should be ready by late 2009 or early 2010.

There are legal disputes regarding the project involving some residents and the I.R.F.U., and I am informed that these have recently been referred to the Commercial Court for adjudication. I am precluded from further specific comment while these matters are before the courts. However I understand that the Lansdowne Road Stadium Development Company has been engaged in a sustained consultative process with local residents and other bodies in fully understanding and taking on board real concerns to the greatest extent possible.

In common with any construction project, I am informed that there may be minor design revisions identified as requiring the seeking of fresh planning permissions but the Deputy will understand that is a matter entirely for the Development Company working within the relevant Planning Acts. I hope the Deputy will appreciate too, that, while specific tender processes are still in train, it would not be appropriate to comment on the budgeting aspects of the project.

In relation to the tender process I am informed by the Lansdowne Road Stadium Development Company that the procurement process involves the inviting of tenders for a number of packages. The packages are in relation to Demolition and Rail, Substructure, Steel, Main Contract, Mechanical, Electrical, Cladding, Pitch. Contracts for the first three packages have been awarded and the procurement process is in train for the remaining contracts. It is planned that all of the tender process will have been completed before the end of this year. I understand that so far there has been a good response to initial invitations to tender.

National Aquatic Centre.

Alan Shatter

Ceist:

24 Deputy Alan Shatter asked the Minister for Arts, Sport and Tourism if all necessary repairs have been undertaken at the National Aquatic Centre; the cost of same; the full schedule of repair works; and if he will make a statement on the matter. [19325/07]

Deputies will be aware that the National Sports Campus Development Authority has taken over the role and function of CSID since 1 January 2007. A fully owned subsidiary of the Authority, NSCDA (Operations) Ltd., is now operating the National Aquatic Centre. A full "health check" has been carried out on the National Aquatic Centre since it came back into the possession of CSID on 1 December 2006. This was done under the supervision of Kavanagh Mansfield & Partners, Consulting Structural and Civil Engineers. I understand that the NSCDA has received a report from Kavanagh Mansfield & Partners and is being considered by the Authority in consultation with its technical advisors.

The necessary repair works to restore the Centre to its original working standard have been ongoing since it came back into the possession of the Authority. These repairs are being overseen by Kavanagh Mansfield and Partners and have been taking place in conjunction with the overall "health check". To date approximately €490,000 has been expended on remediation work. I am sure Deputies will agree with me that this is a wonderful facility which has been through and survived a difficult time over the past few years. I would invite Deputies to come and see the Centre for themselves and I look forward to their support for this key piece of our sporting infrastructure.

Tourism Promotion.

Paul Connaughton

Ceist:

25 Deputy Paul Connaughton asked the Minister for Arts, Sport and Tourism the steps he will take to ensure balanced regional development in terms of tourism; the way he proposes to encourage more tourists to travel outside the major cities and to visit regional locations; and if he will make a statement on the matter. [19335/07]

The National Development Plan's Tourism Development Programme, which provides for an €800m Exchequer investment in tourism over the next 7 years, has as one of its fundamental objectives the stimulation of regional development. The Programme includes an "International Marketing" sub-programme which provides €335m to promote the island of Ireland in key international markets. The key objective over the seven years will be to increase tourism revenue and visitor yield and to help achieve a wider regional and seasonal distribution of business; Product Development and Infrastructure sub-programme funding of €317m, part of which will be used to support the delivery of Fáilte Ireland's Tourism Product Development Strategy for the period 2007-2013. In rolling out programmes and initiatives under this Strategy, special regard will be paid to the need for integrated regional development; a Training and Human Resource Development Sub-Programme, which will invest €148m in the education and training of the tourism workforce, including the continuation of initiatives aimed at improving management capability and networking in SMEs and micro-enterprises at regional level. In addition; other tourism investment opportunities under the new NDP, for example the proposed new Gateway Innovation Fund, the Rural Social and Economic Development Programme, and the Built and Natural Heritage Sub-Programmes, also have a strong regional and rural dimension. I believe that the major reform of tourism structures that has been completed in the last year or so will contribute to the regional development objective and will help to optimise the benefits of tourism in the regions. As the Deputy will be aware, five new Regional Tourism Development Boards were established in 2006. These boards are now preparing strategies for their respective regions and their key priority is to ensure a greater focus on the individual needs of each region at a national level and the direct involvement of the region in the development of national policy and tourism strategy. These new regional tourism structures will also be an important resource available to the various spending agencies in optimising the tourism benefits of their investment under the National Development Plan, thereby adding to the social and economic impact locally of such spending.

Finally, the Deputy may wish to note that there are a number of other initiatives "day-to-day responsibilities of the tourism State agencies" that particularly favour the regional distribution of tourists. These include Fáilte Ireland's Festivals and Cultural Events Initiative; the use of predominantly rural imagery in the advertising and promotion of Ireland, both at home and abroad; the regional coverage with respect to visiting media; and the specific focus on achieving a wide spread of visitors in relation to access transport policies.

Question No. 26 answered with QuestionNo. 13.

Sports Funding.

Joan Burton

Ceist:

27 Deputy Joan Burton asked the Minister for Arts, Sport and Tourism the position in regard to the joint submission by the GAA and the Gaelic Players Association regarding welfare grants for players; if he will meet both the GAA and the GPA to clarify the Government’s position on the matter as stated in May 2007 that this remains a matter for the GAA itself; and if he will make a statement on the matter. [19251/07]

The joint GAA/GPA proposal submitted to my Department in April in relation to player welfare issues for inter-county players did not take account of my Department's position which had been clearly set out on a number of occasions. The GAA has been requested to submit a proposal which would be in line with that position. Responsibility for player welfare issues rests with the GAA in the same manner as similar player welfare issues in other sports must be dealt with by the responsible National Governing Body of Sport.

I am prepared to consider any proposal from the GAA that would be satisfactory to both the GAA and the GPA and in line with Government policy. I have recently received a request from Cumann Luthchleas Gael for a meeting to discuss this matter and I will be responding in due course. My Department responded to the GAA on 9 May noting the GAA's position but stating that the position remains as outlined above. My Department remains available to meet with both organisations to assist in developing a proposal that would be satisfactory to both the GAA and the GPA.

Question No. 28 answered with QuestionNo. 23.

Arts Funding.

David Stanton

Ceist:

29 Deputy David Stanton asked the Minister for Arts, Sport and Tourism the assistance available to support the setting up of or the ongoing financing of small art galleries which promote the work of artists; the way such assistance can be accessed; and if he will make a statement on the matter. [19351/07]

The Arts Council is the main channel for Government support to the arts. However, the Arts Council does not provide funding for private, commercial arts organisations such as private galleries. My Department provides capital funding through the Arts and Culture Capital Enhancement Support Scheme (ACCESS) for the building of arts and culture facilities around the country, mainly in the not-for-profit sector. Likewise, commercial organisations are not normally funded unless they fill a clear gap in the public arts and culture infrastructure needs of their area.

Museum Projects.

James Bannon

Ceist:

30 Deputy James Bannon asked the Minister for Arts, Sport and Tourism the reason the application by Longford County Council for funding for the construction of a new museum for County Longford under the arts and culture capital enhancement support scheme access 11 was refused; and if he will make a statement on the matter. [19219/07]

Some 155 applications were received seeking funding of over €200m under the recently completed round of the Arts & Culture Capital Enhancement Support Scheme (ACCESS II). This demand greatly exceeded the total funding of €32m available for disbursement under this round of the scheme. An independent Selection Committee, appointed to evaluate all the applications received, made funding recommendations based on the criteria set out when the scheme was announced.

The standard of the proposals received was high and, while funding has been offered to 62 organisations, aimed at developing the arts and culture infrastructure around the country over the years 2007 to 2009, the Deputy will appreciate that difficult decisions had to be made and it was not possible to provide funding immediately to many very worthwhile projects, including this one. All deferred applications will be retained on file, however, and will be considered further should additional funding become available, subject to them meeting the scheme criteria.

Decentralisation Programme.

Jan O'Sullivan

Ceist:

31 Deputy Jan O’Sullivan asked the Minister for Arts, Sport and Tourism the position regarding the plan for the decentralisation of his Department to County Kerry; if further sections of his Department will relocate in the near future; and if he will make a statement on the matter. [19257/07]

As the Deputy is aware, my Department was designated under the Government's Decentralisation Programme as one of the "early mover" Departments. It is intended that the entire Department (excluding the National Archives which will remain in Dublin) will relocate to Killarney. Following a tendering process, the Office of Public Works selected PJ Hegarty and Sons to develop the permanent building for the Department's headquarters in Killarney. The construction of the new building in Killarney commenced in May this year and the anticipated completion date is September 2008. Allowing for fit out the premises should be ready for occupation late in 2008.

Currently an advance group of 49 members of staff has been relocated to temporary accommodation at Fossa, Killarney. My Department is now planning to transfer a further group of 21 staff to Fossa later this month. The temporary premises is capable of accommodating up to 70 staff.

Sport and Recreational Development.

Richard Bruton

Ceist:

32 Deputy Richard Bruton asked the Minister for Arts, Sport and Tourism if he will have early talks with his counterpart in the Northern Ireland Assembly to explore the potential for all island co-ordination in the development of the horse and greyhound racing sectors; and if he will make a statement on the matter. [19304/07]

The restoration of the new Northern Ireland Executive will provide an added impetus for enhanced North South co-operation in the areas of tourism, arts, culture, and sport. In that context the potential for co-operation across the horse and greyhound sectors will be explored building on contacts which have already been made in these areas and at future Ministerial meetings.

Film Industry Development.

Michael D. Higgins

Ceist:

33 Deputy Michael D. Higgins asked the Minister for Arts, Sport and Tourism the efforts he will make to ensure that Ireland remains an attractive location for film makers; his views on the fact that several years have passed since a big budget blockbuster film has been made here; the efforts he will make to ensure that Ireland does not lose out to other low cost locations; and if he will make a statement on the matter. [19249/07]

The task of attracting international production into Ireland is dependent on a number of elements, not all of which fall within the sphere of influence of my Department or that of the Irish Film Board (IFB). Decisions to site a film project in a particular territory involve complex funding, cultural, logistical and project-specific elements all of which are crucial for a successful result.

Primary responsibility for the support and promotion of film-making in Ireland in respect of both the indigenous sector and inward productions is a matter for the Irish Film Board. This agency is funded through my Department and is independent of the Department in its operations.

My Department's primary operational role in supporting the film sector relates to the administration of elements of the section 481 tax relief scheme. The scheme is kept under review in conjunction with the Irish Film Board and any necessary amendments to retain or regain competitiveness will be addressed and brought to the attention of the Minister for Finance as appropriate. In that regard, the Department of Finance in conjunction with my Department and the Irish Film Board, is currently undertaking a review of the case for improvement in respect of the section 481 scheme. Consultants have been appointed by the Department of Finance and it is envisaged that the study will identify a structured way forward to develop and consolidate the Irish film industry, taking account of the serious international competition issues now apparent.

The Irish Film Board with its overall funding for 2007 increased to €19.7m will be able to continue with its key role of developing and supporting film production in Ireland. The increased current allocation will facilitate the Irish Film Board in marketing Ireland as a film location and, in particular, will assist the work of the Film Commissioner in Los Angeles in raising the profile of the Irish audiovisual industry abroad.

The continuing increases in capital funding to the Irish Film Board since 2004 have ensured support to meet the demands of the industry in the areas of project and talent development, training and indigenous film and television production. The increased support enables the IFB to fulfil its aim of sustained growth of the industry — increasing the number and quality of films produced in Ireland each year. In aggregate, since 2002 the film and TV production spend in Ireland, supported by the Irish Film Board and section 481, has approached almost €500m.

Question No. 34 answered with QuestionNo. 23.

Sport and Recreational Development.

Olivia Mitchell

Ceist:

35 Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism if staffing arrangements have been put in place for the Institute of Sport; and if he will make a statement on the matter. [19324/07]

The following four key appointments have been put in place to date for the Institute of Sport:

Executive Chairman

Chief Science Officer

Athlete Services Officer

Chief Medical Officer

I understand that the recruitment process for a Chief Technical Officer will begin shortly and additional administration appointments will be made later this year.

Question No. 36 answered with QuestionNo. 9.
Question No. 37 answered with QuestionNo. 13.

Arts Council.

Jimmy Deenihan

Ceist:

38 Deputy Jimmy Deenihan asked the Minister for Arts, Sport and Tourism if he has received the report on the arts in education from the Arts Council; if he will publish this report in the near future; and if he will make a statement on the matter. [19299/07]

The Arts Council has presented me with a copy of the report and I am currently examining its contents. The publication of the report is a matter for the Arts Council. In advance of my considering its proposals fully and discussing them with my colleague, the Minister for Education, it would be premature of me to comment further at this juncture.

Liz McManus

Ceist:

39 Deputy Liz McManus asked the Minister for Arts, Sport and Tourism his plans to introduce new initiatives to help alleviate the low earnings of workers, creators and performers alike, in the arts sector; if he will take steps to address the diminishing engagement with the arts outlined in the 2006 Arts Council research document, The Public and the Arts; the new initiatives to renew and stimulate interest in the arts in general; and if he will make a statement on the matter. [19248/07]

The issue of pay for any sector of the economy is a matter for the Department of Enterprise, Trade and Employment. However, I can, of course, comment on the research, The Public and the Arts, carried out by the Arts Council. The recent study does not show diminishing engagement with the arts. On the contrary the research confirms that levels of attendance at arts events in Ireland are above international norms. The report noted a drop in figures in certain areas of the arts compared with activities and behaviours that prevailed in 1994. However, the ways in which audiences are engaging with the arts are rapidly changing and expanding — particularly in the intervening 10 years.

Significantly, research findings in The Public and the Arts also highlighted the increased way in which audiences experience the arts through the broadcast and new media. The traditional models of experiencing the arts — of going to the theatre or a gallery, are being augmented by newer modes and the use of new media — including podcasting and downloading — is having a major impact on the way in which people now engage with the arts. This is particularly evident, though not exclusively so, among younger generations.

The Arts Council has established an Audience Project in response to the findings of The Public and the Arts Study to design and implement programmes which expand the definition of audience and which take cognisance of current trends within a wider cultural sphere. These will address emerging audience patterns and enhance the capacity of arts organisations and that of existing and new partners to engage with a range of audiences across multiple platforms.

The Arts Council has also undertaken a touring initiative in order to extend and enhance opportunities for audiences to see work across a range of art forms, particularly regionally. The Council is working closely with arts organisations on this initiative and audience research that is happening in parallel will inform my policies in this area into the future. This Government is fully committed to supporting the Arts and this year the Arts Council received €80m in funding, its highest level ever. Funding for the Arts Council has increased 67% since 2003.

Tourism Industry.

Pat Breen

Ceist:

40 Deputy Pat Breen asked the Minister for Arts, Sport and Tourism the number of tourists coming here to engage in walking holidays for the most recent year for which figures are available compared with 2000; and if he will make a statement on the matter. [19334/07]

I am informed by Fáilte Ireland that the number of visitors who engaged in hiking/hill walking during their stay in Ireland for each of the years from 2000 to 2005 is as outlined in the table. Walking is the most popular outdoor activity that overseas visitors to Ireland engage in during their stays. Based on Fáilte Ireland visitor surveys, almost 300,000 visitors to Ireland, in 2005, went hiking or cross-country walking. The revenue generated by these visitors is estimated at €175 million.

Year

2000

2001

2002

2003

2004

2005

(000’s)

304

213

207

168

259

280

Question No. 41 answered with QuestionNo. 13.

Arts Funding.

Mary Upton

Ceist:

42 Deputy Mary Upton asked the Minister for Arts, Sport and Tourism the details of the recent €32 million funding from the Access II scheme for arts facilities here; if further such rounds of funding will be made in the near future; and if he will make a statement on the matter. [19254/07]

The Arts and Culture Capital Enhancement Support Scheme (ACCESS II) will run from 2007 to 2009. The following table contains a list of the successful projects on a county-by-county basis that received a total of €32 million in funding under the ACCESS II scheme. €81 million is available for the ACCESS programme under the NDP 2007-2013. In light of progress on this round of the projects, a further round of funding may be considered for the second half of 2008.

County-by-County Breakdown of ACCESS II Allocations

Project Allocation

Clare

812,500

Aras an Oidhreacht, Spanish Point, Clare

312,500

Sweeney Memorial Library, Clare

500,000

Cork

4,465,000

National Sculpture Factory, Cork

375,000

Briery Gap Cultural Centre, Macroom, Cork

30,000

Graffiti Theatre, Cork

250,000

Firkin Crane, Cork

100,000

Everyman Theatre, Cork

500,000

Cork Arts Theatre

150,000

Glen Theatre, Banteer, Cork

20,000

Cork Opera House

1,500,000

Lahern Community Hall

20,000

Cloyne Diocesan Centre

20,000

West Cork Arts Centre, Skibereen, Cork

1,500,000

Donegal

185,000

An Grianan Theatre, Donegal

65,000

Abbey Theatre, Donegal

100,000

Legawney Town Hall

20,000

Dublin

7,780,000

Dublin City Council Artists Studios: St. Patrick’s, Cuilín House, Blessington Street & Buckingham Street, Dublin

600,000

Filmbase Dublin

362,500

Gallery of Photography, Dublin

437,500

Irish Film Institute Dublin

550,000

Create Dublin

300,000

Project Arts Centre, Dublin

60,000

Fossetts Circus, Dublin

200,000

The Ark Cultural Centre, Dublin

20,000

RHA

1,750,000

Draiocht Theatre, Blanchardstown, Dublin

400,000

Smock Alley Theatre,

1,800,000

Focus Theatre

1,300,000

Galway

2,370,000

Solas Picture House, Galway

2,000,000

Druid Theatre, Galway

350,000

Teach Ceol, Renvyle, Galway

20,000

Kerry

2,195,000

Siamsa Tire Tralee, Kerry

400,000

St. Johns Listowel, Kerry

70,000

Caherciveen Community Resource Centre, Kerry

25,000

Teach Siamsa Finuge & Teach Siamsa na Carraig, Kerry

200,000

An Daingean Boatyard Arts & Cultural Centre, Kerry

1,500,000

Kilkenny

2,250,000

Kilkenny Integrated Cultural Facility

2,000,000

Watergate Theatre, Kilkenny

100,000

Castalia Arts Centre, Camphill, Kilkenny

150,000

Leitrim

500,000

Leitrim Sculpture Centre

500,000

Limerick

1,342,000

Belltable Arts Centre, Limerick

882,000

St. Johns Square, Limerick

460,000

Laois

80,000

Dunamaise Theatre, Portlaoise, Laois

80,000

Longford

250,000

Backstage Theatre, Longford

250,000

Louth

1,400,000

Irish Film Institute Archive Dundalk

650,000

An Tain Town Hall Dundalk, Louth

150,000

Droichead Arts Centre, Dundalk, Louth

600,000

Mayo

350,000

Kiltimagh Town Hall Theatre, Mayo

300,000

Linenhall Arts Centre, Mayo

50,000

Monaghan

65,000

Castleblaney Arts Centre, Monaghan

45,000

Scotshouse Monaghan

20,000

Offaly

2,000,000

Tullamore Library & Arts Centre, Offaly

2,000,000

Roscommon

1,000,000

Roscommon Arts Centre

1,000,000

Sligo

1,750,000

Niland Model Arts Centre,

1,750,000

Tipperary

75,000

Tipperary Excel, Tipperary Town

75,000

Waterford

1,175,500

Theatre Royal Waterford

937,500

Waterford Healing Arts Trust

238,000

Westmeath

740,000

Mullingar Arts Centre, Westmeath

100,000

Midland Dance Laboratory

640,000

Wexford

1,215,000

Duncannon Fort, Wexford

375,000

Wexford Arts Centre

800,000

Horsewood Town Hall

20,000

St. Michaels Hall

20,000

Overall Total

32,000,000

Question No. 43 answered with QuestionNo. 9.

Tourism Promotion.

Bernard Allen

Ceist:

44 Deputy Bernard Allen asked the Minister for Arts, Sport and Tourism if his attention has been drawn to the concern among people involved in the tourist industry in the Shannon region due to the decline in the number of US visitors coming to the region; if he will request Tourism Ireland to launch a marketing drive in the US with particular emphasis on the Shannon region; and if he will make a statement on the matter. [19300/07]

I refer the Deputy to my reply to Priority Question No. 4 earlier today.

Question No. 45 answered with QuestionNo. 13.

Stadium Development.

Sean Sherlock

Ceist:

46 Deputy Seán Sherlock asked the Minister for Arts, Sport and Tourism the situation in regard to the dispute over Tallaght Stadium; if it remains his view that the stadium should be a soccer only facility; if he plans to meet any of the parties in relation to the dispute; and if he will make a statement on the matter. [19256/07]

In response to approaches from South Dublin County Council, the FAI and Shamrock Rovers FC, a commitment was given that funding would be provided towards the completion of Tallaght Stadium as a soccer stadium.

I understand that a local GAA club has sought a judicial review of the decision of South Dublin County Council to develop the facility as a soccer facility. It is unfortunate that the matter has become embroiled in a long legal battle and it is my belief that the money and energy being spent by all sides on this judicial review would be far better employed in providing much needed sports facilities in the Tallaght area. My hope would be that the parties involved would resolve this matter amicably and come up with a workable solution whereby sport will be the winner. If I can be of assistance I am happy to use my good offices to try to resolve this impasse.

Arts Funding.

Joanna Tuffy

Ceist:

47 Deputy Joanna Tuffy asked the Minister for Arts, Sport and Tourism the financial support given to the 50th anniversary Dublin Theatre Festival in autumn 2007; his views on whether this amount is sufficient to fully capitalise on the potential of the festival for both the arts and tourism; and if he will make a statement on the matter. [19255/07]

A special grant of €200,000 has been allocated in 2007 towards the celebration of the fiftieth anniversary of the Dublin Theatre Festival.

This is a very prestigious festival and it is worthy of this special recognition this year. In addition, the Arts Council has provided €805,000 in the current year to the Festival for its theatre programme, administrative cost etc.

The 50th anniversary funding is intended to articulate a reinvigorated vision for the festival and to promote it nationally and internationally as a major arts, culture and theatrical event.

A committee of key stakeholders to oversee the celebration has been formed. The Committee is:

Michael Colgan, Artistic Director, Gate Theatre — Chair

Peter Crowley, Chairman, Dublin Theatre Festival

Paul Bates, Assistant Secretary, Department of Arts Sport and Tourism,

Gina Quinn, Chief Executive, Dublin Chamber of Commerce

Mary McCarthy, Arts Manager, Dublin Docklands Development Authority

Peter Crowley, Chairman of the Dublin Theatre Festival

Michael Colgan, Director of the Gate Theatre, (Chairman)

Loughlin Deegan, Artistic Director, Dublin Theatre Festival

Niall O Donnchu, Assistant Secretary, Department of Arts, Sport and Tourism

Phillip Maguire, Assistant City Manager, Dublin City Council

Noel Curran, Director of Television, RTE

Overseas Development Aid.

Jimmy Deenihan

Ceist:

48 Deputy Jimmy Deenihan asked the Minister for Arts, Sport and Tourism his views on whether Ireland’s tourism agencies and industry can play a role in overseas development programmes and in offering assistance to developing world countries; and if he will make a statement on the matter. [19333/07]

Overseas development policy and programmes in general are a matter for my colleague, the Minister for Foreign Affairs.

The White Paper on Irish Aid, published by the Government last September, outlines the challenges and opportunities for the Government's aid programme, entitled Irish Aid, over the coming years. The White Paper, inter alia, aims to strengthen coherence in our approach to development and to make the best use of the expertise and skills available right across the public service. In that context, many Government Departments and agencies contribute to the official aid programme directly or indirectly.

The White Paper also aims to promote links between the private sectors in Ireland and in developing countries. In that context, I have no doubt that there is, in the private sector, a considerable pool of expertise which could be usefully drawn upon to help grow sustainable tourism in developing countries where, of course, it can be a means of generating much needed private sector employment.

The Tourism Agencies' role is to promote Tourism to Ireland and develop tourism within Ireland. In the case of the Tourism Agencies, I understand that they respond willingly to requests, for information, meetings or other contacts, which can contribute to sustainable global development and to the objectives of Irish Aid, as they arise in the course of their day-to-day operations. It should also be borne in mind that Tourism Ireland is a North South Body which is responsible to two Administrations.

My Department is represented in the Inter-Departmental Committee on Development, established as set out in the White Paper and which met for the first time on 12 April 2007.

Flood Relief.

Billy Timmins

Ceist:

49 Deputy Billy Timmins asked the Tánaiste and Minister for Finance if he has received an application for funding for flood relief works involving the replacement of piping at Arklow, County Wicklow from Arklow Town Council; if so, what the application consisted of; the position in relation to same; and if he will make a statement on the matter. [19588/07]

I refer the Deputy to my reply to his most recent Parliamentary Question on this matter (Question 192 of 27 June, 2007). The position as outlined in my reply of that date remains unchanged.

Disabled Drivers.

Billy Timmins

Ceist:

50 Deputy Billy Timmins asked the Tánaiste and Minister for Finance the position in relation to a person (details supplied) in County Wicklow who was refused the disabled persons and disabled passengers scheme 1994; if this will be re-examined and granted; if the strict medical criteria has been changed; if not, in view of the numbers who do not qualify under the present criteria if he plans to change this; and if he will make a statement on the matter. [19589/07]

The initial application for a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area.

If the Primary Medical Certificate has been refused in this case, the named person may appeal the refusal to the Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin. I would point out that the medical Board of Appeal is independent in the exercise of its functions.

A special Interdepartmental Review Group reviewed the operation of the Disabled Drivers Scheme. It examined the current benefits, the qualifying medical criteria, the Exchequer costs, relationship with other schemes and similar schemes in other countries. The report also made a number of recommendations, both immediate and long-term, referring respectively to the operation of the appeals process and options for the future development of the scheme. The Group's report is published on my Department's website.

Flood Relief.

Thomas P. Broughan

Ceist:

51 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Finance if he has reviewed the recent studies on flood defences in the Dublin region; if he has had discussions in relation to the new construction of flood planes such as in the north fringe of Dublin City; and if he will make a statement on the matter. [19676/07]

Flood Protection Works have been carried out by the Office of Public Works on the River Tolka over the past few years arising from a report prepared for Dublin City Council and part funded by OPW.

A Catchment Flood Risk Assessment and Management Study [CFRAMS] of the River Dodder has recently commenced. The Study is being managed by Dublin City Council and is funded by the Office of Public Works. OPW has already provided funding to Dublin City Council to construct flood barriers along a portion of the river Dodder following the severe flooding event of 2002. It is planned to commence further interim flood relief works on the Dodder shortly.

A Catchment Flood Risk Assessment and Management Study of the River Liffey catchment will also be undertaken as part of a programme of such studies to be commissioned over the next few years. A study of the River Tolka catchment, which will further develop the information already available, will also be undertaken as part of this programme.

The Dublin Coastal Flooding Protection Study, which was commissioned by Dublin City Council and part funded by the Office of Public Works and the Department of Transport and the Marine, which has responsibility for coastal and tidal flooding, examined the causes and impacts of flooding from Portmarnock to Booterstown. A final draft of the report is currently being examined.

The flood defence proposals contained in the draft report would have an estimated capital cost of over €100 million. The works recommended in the report will need to be implemented on an incremental basis over a period of years.

I take it that the reference to the construction of new flood planes is to development in flood plains. Planning and Development control is a matter for Local Authorities in the first instance and for An Bórd Pleanála in certain instances. OPW does not have a direct role in the matter. OPW has however, issued broad guidelines for Local Authorities on the consideration of flood risk in Development plans. The Floodmaps website developed by OPW, which carries available information on previous flood events provides a considerable amount of information, which should be useful to planners in identifying areas of potential flood risk.

OPW commissioned a study earlier this year in consultation with the Department of the Environment Heritage and Local Government and the Department Transport and the Marine, to develop more detailed policy and guidelines on flood risk management in planning and Development Plans. This study included a public consultation, which closed on 29th June. It is envisaged that the more detailed guidance will be available in the first half of 2008.

Tax Code.

Joan Burton

Ceist:

52 Deputy Joan Burton asked the Tánaiste and Minister for Finance the value of the goods plus postage, packing and insurance, that can be purchased on the internet before there is a liability to pay customs duty and VAT. [19417/07]

Customs duties, VAT and excise duty where applicable are payable on goods purchased over the Internet and imported into Ireland from outside of the EU.

Consignments of a negligible value, i.e. not exceeding a value of €22, do not attract import charges. However, this relief does not apply to tobacco products, alcoholic products, perfumes or toilet waters.

Further relief is available for gift consignments, to and from private individuals, where the value of the gift does not exceed €45. Again, there is no relief from VAT or Excise duty on consignments of alcohol, tobacco products, perfume and toilet waters but relief from Customs duty is allowed as per the following table:

Type of Goods

Allowances

Tobacco Products

50 cigarettes; or 25 cigarillos (cigars with a maximum individual weight of 3 gms); or 10 cigars; or 50 gms of tobacco; or a proportional assortment of the different products.

Alcohol

1 litre of distilled beverages and spirits over 22% volume; or 1 litre of fortified or sparkling wine, and some liqueurs of 22% volume or less; and 2 litres of still wines.

Perfume and toilet waters

50 gms of perfume; or 0.25 litres of toilet water.

Decentralisation Programme.

Tony Gregory

Ceist:

53 Deputy Tony Gregory asked the Tánaiste and Minister for Finance if a financial severance package will be made available to staff who do not wish to be decentralised (details supplied). [19434/07]

The Decentralisation Programme is being implemented on a voluntary basis. There are no plans to introduce a redundancy or financial severance package and, as on previous occasions, the payment of removal or relocation expenses will not arise.

Flood Relief.

Joe Costello

Ceist:

54 Deputy Joe Costello asked the Tánaiste and Minister for Finance if he has agreed to provide additional finance needed to straighten the Tolka River wall; and if he will make a statement on the matter. [19450/07]

All flood relief works on the River Tolka being undertaken by the Office of Public Works and Dublin City Council are as a result of the recommendations contained in the River Tolka Flooding Study, completed in 2003. There are no outstanding works to be completed in this area.

Tax Code.

John Cregan

Ceist:

55 Deputy John Cregan asked the Tánaiste and Minister for Finance the situation in relation to tax individualisation and particularly for parents with children with severe or ongoing medical conditions; and if the tax system will be made more family friendly for parents who out of necessity have to parent at home due to the medical condition of their child. [19464/07]

I assume that what the Deputy has in mind are circumstances where one parent in a married couple gives up work to care for a child with a severe or on going medical condition. This cannot be seen from a tax point of view in isolation. While a couple in such circumstances may lose entitlement to the employee credit of €1,760 per annum (where the spouse who has given up work was in PAYE employment), they may gain entitlement to the home carer tax credit of €770 per annum. In addition, as the Deputy will be aware, there are a range of other services and supports available from the Health Service Executive to which families or individuals with particular medical conditions and needs may be entitled. These measures, details of which are available from the Executive, can provide real and substantial assistance to families in particular circumstances. Also, entitlement to the married tax credit of €3,520 per annum, which is double the value of the single basic personal tax credit, would continue to apply. The incapacitated child tax credit of €3,000 per annum, where it applies, would continue to be available. Similarly, entitlement to medical expenses relief to the extent that it applied would be unaffected.

Where a couple decide to employ a carer to assist with the child's care needs, the couple may benefit from the support provided by the "employed person taking care of an incapacitated individual allowance". The amount which may be claimed as a deduction under this provision is the lesser of (a) the amount ultimately borne by the taxpayer in the year of assessment in employing the employed person, or (b) €50,000. In the event that a couple chooses this approach, the incapacitated child tax credit would not apply but entitlement to medical expenses relief, to the extent that it applied, would be unaffected.

Disabled Drivers.

Liz McManus

Ceist:

56 Deputy Liz McManus asked the Tánaiste and Minister for Finance the criteria for primary medical certificates; and if he will make a statement on the matter. [19496/07]

The disability criteria for eligibility for the tax concessions under the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994.

The initial application for a Primary Medical Certificate is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area. To qualify for a Primary Medical Certificate, an applicant must be severely and permanently disabled and satisfy one of the following conditions:

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

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

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

(d) be without one or both legs;

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

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

An information booklet (VRT 7), which outlines the relevant regulations, is available on the Revenue website at www.revenue.ie.

A special Interdepartmental Review Group reviewed the operation of the Disabled Drivers Scheme. It examined the current benefits, the qualifying medical criteria, the Exchequer costs, relationship with other schemes and similar schemes in other countries. The report also made a number of recommendations, both immediate and long-term, referring respectively to the operation of the appeals process and options for the future development of the scheme. The Group's report is published on my Department's website.

Tax Code.

John Cregan

Ceist:

57 Deputy John Cregan asked the Tánaiste and Minister for Finance if there is tax relief available for parents of children with dyslexia; who privately arrange assessments or services. [19516/07]

I am informed by the Revenue Commissioners that, while there is no provision to allow tax relief specifically for expenses relating to dyslexia, Section 469 Taxes Consolidation Act 1997 provides for relief under the heading of "health expenses" for:

(a) a person under the age of 18 years, or,

(b) if over that age, a person receiving full-time instruction at any university, college, school or other educational establishment, in respect of expenses representing the cost of:

(i) an educational psychological assessment carried out by an educational psychologist; or

(ii) speech and language therapy carried out by a speech and language therapist.

For the purposes of the relief, an "educational psychologist" means a person who is entered on a register maintained by the Minister for Education and Science, in accordance with guidelines set down by that Minister with my consent; and a "speech and language therapist" means a person approved of by the Minister for Health and Children, in accordance with guidelines set down by that Minister with my consent. .

Flood Relief.

Willie Penrose

Ceist:

58 Deputy Willie Penrose asked the Tánaiste and Minister for Finance if the Office of Public Works has been contacted by Westmeath County Council in relation to a serious and significant problem which is occurring at the lands of a person (details supplied) in County Westmeath and which is leading to the loss of said lands to this person as it is not possible to farm same; if in this context, a remedial programme will be implemented to deal with same; and if he will make a statement on the matter. [19563/07]

I am advised that the problem in question relates to flooding of an area of land and a road caused by a culvert constructed to create a road bridge. The size of the culvert appears to be inadequate to provide conveyance for the water at certain times.

I understand that since the problem is caused by a road bridge it is a matter for the Local Authority to remedy. OPW has not been contacted by Westmeath County Council but will be willing to provide technical advice and support if requested.

Sugar Beet Industry.

Mary White

Ceist:

59 Deputy Mary Alexandra White asked the Tánaiste and Minister for Finance if a decision has been made on the tax implications of the diversification aid to former sugar beet growers; and if due consideration has been given to the farmers request for a tax exemption on payments which they are to receive. [19606/07]

I am informed by the Revenue Commissioners that they have decided that on the basis of all the information now available to them relating to the current proposals for the payment of diversification aid to former sugar beet growers to be drawn down within the framework of the National Restructuring Programme for Ireland, submitted to the EU Commission last December, payments to growers will be subject to income tax.

Any change in the tax status of the diversification aid payments to former sugar beet growers would be a matter for consideration in the context of budgetary policy.

Decentralisation Programme.

Róisín Shortall

Ceist:

60 Deputy Róisín Shortall asked the Tánaiste and Minister for Finance the number of posts decentralised to date as part of his Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from his Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts. [19655/07]

My Department has decentralised one hundred and seventeen (117) posts to its new offices in Tullamore, County Offaly and arrangements are being made for a further sixteen (16) posts to be filled. One hundred and fifteen (115) posts have been reduced in my Dublin offices. The overall net gain in terms of post numbers as a result of decentralisation to Tullamore is two (2), but this will be subject to a review.

However, my Department continues to keep its establishment within its overall numbers limits, which have not been altered as a result of decentralisation.

Overseas Development Aid.

Aengus Ó Snodaigh

Ceist:

61 Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Finance if he will make a statement on the 15th replenishment of the International Development Association of the World Bank negotiations which took place on 29 and 30 June 2007 in Mozambique, including the number and directions given to Irish officials in attendance and the positions taken by the Government in relation to the replenishment; and his views on the strong argument made by both the Debt and Development Coalition and Trócaire that Ireland should refrain from making a contribution beyond the basic membership subscription to the IDA 15th replenishment unless an immediate commitment to ending economic conditionality at the World Bank is given due to the fact that such conditionality can be highly damaging and undermine local governments. [19661/07]

Ireland is participating in the current negotiations of the 15th replenishment of the International Development Association (IDA). The latest meeting took place in Maputo, Mozambique and was attended by a senior official from my Department.

As the Deputy will be aware, the Government has made significant commitments to the attainment of the Millennium Development Goals. This commitment comprises both bilateral aid and aid to multilateral institutions including IDA. The Government is committed to fully participating in the business of IDA and the business of other World Bank institutions to ensure that resources are made available in an effective and timely manner to the poorest and least developed countries.

As the situation in developing countries evolves and the structure and composition of aid programmes are developed in response to changes in the economy and population of recipient countries, Ireland will continue to be proactive in ensuring that the aid programmes meet the needs of the poorest populations. At the same time, Ireland will work to help ensure that the aid programmes are managed in a way that is consistent with good governance, best practice and giving assurance to tax payers of donor countries, including Ireland, that their money is used in the most efficient and effective way. The concerns voiced by NGOs, including the Debt and Development Coalition and Trócaire, will be borne in mind in that context.

Tax Code.

Thomas P. Broughan

Ceist:

62 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Finance if he is considering changes to the current VAT regime; and if he will make a statement on the matter. [19669/07]

The position is that VAT rates are applied in accordance with the rules and rating structures provided for under the EU VAT Directive. It is EU law, agreed by all Member States, that defines the scope for applying a rate to a good or service. In this regard, Ireland, apart from the farmers' flat rate VAT addition, operates three rates of VAT:

Zero-rate which generally applies to most food, children's clothes and shoes, and oral medicines. While it is possible to retain the zero rating for goods and services that were in place on 1 January 1991, no new zero VAT rates can be introduced;

Reduced rate of 13.5 per cent which applies, for example, to hot food, cinemas and certain live animals and plants. Member States may have up to two reduced VAT rates of not less than 5 per cent for a specified number of goods or services which are set out in Annex III of the VAT Directive;

Furthermore, Member States have the option of maintaining, at a reduced rate of not less than 12 per cent, any items not listed in Annex III, provided they carried that reduced rate on 1 January 1991. These items are considered to be ‘parked' and Ireland's parked rate equates to our reduced rate of 13.5%. Domestic fuels and labour intensive services are examples of parked items.

Standard rate of 21 per cent for goods or services which are not zero rated or reduced rated. Examples would include; cars, electrical equipment, motor fuels and CD/DVDs. Under the VAT Directive Member States may set the standard VAT rate not lower than 15% — there is political agreement that the standard rate of VAT applying in each Member State does not exceed 25%.

The Deputy will be aware that the Programme for Government contains a commitment to examine the scope for reducing the VAT rate on environmental goods and services from the standard VAT rate of 21 per cent to the reduced rate of 13.5 per cent. This and other measures under the Programme for Government clearly demonstrate the Government's commitment to addressing the environmental challenges which we face.

Disabled Drivers.

Michael Lowry

Ceist:

63 Deputy Michael Lowry asked the Tánaiste and Minister for Finance if regulations governing primary medical certificates can be extended to qualifying persons for VRT exemptions to facilitate the elderly who have very restricted movement, particularly in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [19678/07]

I am advised by the Revenue Commissioners that the law in regard to Primary Medical Certificates is contained in Section 92 of the Finance Act, 1989 (as amended) and the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations, 1994 (S.I. 353 of 1994).

Primary Medical Certificates are issued by the local Senior Medical Officer who is an official of the relevant Health Service Executive administrative area. Where the Senior Medical Officer refuses a certificate this decision may be appealed to the Disabled Drivers Medical Board of Appeal, an independent body whose decision is final.

The medical criteria set out for entry to the Scheme are that the person must be severely and permanently disabled and come within at least one of the following categories:

(a) Be wholly or almost wholly without the use of both legs.

(b) Be wholly without the use of one of their legs and almost wholly without the use of the other leg such that they are severely restricted as to movement of their lower limbs.

(c) Be without both hands or without both arms.

(d) Be without one or both legs.

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

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

A special Interdepartmental Review Group reviewed the operation of the Disabled Drivers Scheme. It examined the current benefits, the qualifying medical criteria, the Exchequer costs, relationship with other schemes and similar schemes in other countries. The report also made a number of recommendations, both immediate and long-term, referring respectively to the operation of the appeals process and options for the future development of the scheme. The Group's report is published on my Department's website.

Financial Services Regulation.

John Cregan

Ceist:

64 Deputy John Cregan asked the Tánaiste and Minister for Finance if he will outline Revenue charges for laser and credit cards; and if these will be removed for senior citizens with minimal use or transactions on their accounts. [19703/07]

A fixed stamp duty is chargeable on ATM cards, Laser cards, cards with combined ATM and Laser functions, and on credit card accounts. The stamp duty rates applicable are as follows:

Stamp Duty

Rate

Application

ATM Cards

€10

Applied on all cards active on 31 December each year.

Laser Cards

€10

Applied on all cards active on 31 December each year.

Combined ATM & Debit Cards

€20

Applied on all cards active on 31 December each year. Where only one function was used in the tax year, only €10 is charged.

Credit Card Account

€40

Applied on accounts (not cards) in April in respect of the previous April to March.

The stamp duty on cheques, bills of exchange and promissory notes has existed for many years and when electronic means of money transfers were subsequently introduced, stamp duty was gradually extended to these products to ensure that the stamp duty from cheques etc. was not eroded.

There are no plans to introduce such exemptions to stamp duty for any category of individual. Stamp duties on financial cards are significant contributors to the Exchequer and are in accordance with the overall taxation policy of widening the tax base in order to keep direct tax rates generally low.

Hospitals Building Programme.

Brian Hayes

Ceist:

65 Deputy Brian Hayes asked the Minister for Health and Children when the NDFA Report on co-located hospitals is due to be finalised; the public sector benchmark used by the NDFA when they concluded that the co-location initiative made economic and financial sense; and if she will make a statement on the matter. [19392/07]

The National Development Finance Agency has been acting as financial adviser to my Department in relation to the Colocation Initiative. As part of this role, the Agency conducted a review of the evaluation of bidders process undertaken by the Health Service Executive (HSE). By letter dated 25th June 2007, the Agency informed my Department of its opinion that the potential preferred bidders identified by the HSE provide value for money relative to the public sector benchmark equivalent at the current stage of the procurement process. It also advised that the procurement process is in a position to proceed to the next stages of financial due diligence and ultimately financial close.

Child Care Services.

P. J. Sheehan

Ceist:

66 Deputy P. J. Sheehan asked the Minister for Health and Children the present status of the proposed child care centre playgroup in Castletownbere; when she expects the project to be completed; and if she will make a statement on the matter. [19675/07]

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.

In March 2005 the Group in question was approved €1,284,153 capital grant assistance under the EOCP. The final date for reaching contract stage under the Programme was 31 December 2006. The Group was not in a position to reach contract stage by this date, and applied to have the grant re-assessed under the NCIP.

The Group's application under the NCIP was recently approved. Approval is subject to certain timelines; grants will be expected to have entered into contract within 12 months or face decommittal, and will then be expected to have fully reported expenditure within 2 years of the date of the contract.

I understand that the Group has submitted all the information requested by Pobal, which is engaged to administer the programmes on a day to day basis on behalf of my Office. Pobal is currently reviewing this information with a view to issuing a formal contract to the Group in the near future.

Departmental Funding.

Dan Neville

Ceist:

67 Deputy Dan Neville asked the Minister for Health and Children the support for a society (details supplied) for 2005, 2006 and 2007. [19372/07]

My Department has not provided support to the society referred to by the Deputy in 2005, 2006 and 2007.

Dan Neville

Ceist:

68 Deputy Dan Neville asked the Minister for Health and Children if she will provide funding for a centre (details supplied) in County Limerick. [19373/07]

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.

Cancer Screening Programme.

Jimmy Deenihan

Ceist:

69 Deputy Jimmy Deenihan asked the Minister for Health and Children when BreastCheck will deploy a mobile unit in the Kerry region; when the regional static unit for the Southern region will be operational; and if she will make a statement on the matter. [19383/07]

I am committed to ensuring that the BreastCheck service is rolled out to the remaining regions in the country as quickly as possible. I have allocated additional revenue funding of €8 million for this year to meet the additional costs involved. The full complement of 111 staff for roll-out has been approved. BreastCheck appointed the Clinical Directors for the South and West last November and has recently appointed three Consultant Radiologists, two Consultant Surgeons and two Consultant Histopathologists, all with a special interest in breast disease. The recruitment of Radiographers and other staff is underway.

I have also made available an additional €26.7m capital funding for the construction of two new clinical units and the provision of five additional mobile units and state of the art digital equipment. The expansion of the BreastCheck programme to the Southern region will cover counties Cork, Kerry, Waterford, Limerick and Tipperary South Riding. The static unit at the South Infirmary/Victoria Hospital in Cork will have three associated mobile units and is on schedule for hand-over in September followed by a three week commissioning period. It will be operational in October. Screening in individual counties will be dictated by BreastCheck's management and operational considerations.

Medical Cards.

Fergus O'Dowd

Ceist:

70 Deputy Fergus O’Dowd asked the Minister for Health and Children if the Health Service Executive will respond directly to a letter from a person (details supplied) in County Carlow; and if she will make a statement on the matter. [19391/07]

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 moderate and 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.

Hospital Staff.

Richard Bruton

Ceist:

71 Deputy Richard Bruton asked the Minister for Health and Children if the estimated extra man hours needed to implement the 37 hour week for nurses has been calculated; the details of the plan to implement same; if she has decided on an implementation date; the cost of the plan; and the number of people who will need to be recruited. [19409/07]

The National Implementation Body (NIB) in its statement dated 15 May 2007 proposed a two phase approach to the claim for reduced hours for nurses/midwives.

Phase 1. The NIB proposed a reduction of 1.5 hours to 37.5 hours by 1 June 2008. This reduction must be achieved on a cost neutral basis and without diminution of service to patients. There will be local engagement over the coming months on changes in rosters, skill mix and other productivity measure which could facilitate the reduction. The Health Service Performance Verification Group would validate local proposals for the reduction in hours prior to its introduction. The Health Service Executive (HSE) has prepared an action plan for the management of the Phase 1 process, setting out timelines for the implementation of the various strands.

Phase 2. The NIB recommended the establishment of a Commission to produce an independent assessment of how a 35 hour week can be achieved, having regard to the issues set out in the relevant Labour Court Recommendation (No. 18763). This Commission will be chaired by an eminent person and it will have four other members, two of whom will have international expertise. The Commission will be expected to report within six months. I will shortly be bringing proposals before Cabinet for the establishment of the Commission recommended by the NIB.

Hospital Acquired Infections.

Richard Bruton

Ceist:

72 Deputy Richard Bruton asked the Minister for Health and Children if her attention has been drawn to the fact that certain hospitals (details supplied) refuse to publish data on MRSA cases as there is no agreed basis for measuring; and if she will take steps to ensure all hospitals publish data in accordance with a suitable system of measurement as established by her. [19410/07]

MRSA is not a notifiable disease. The Health Surveillance Centre of the HSE collects data on MRSA but this would not be regarded as a comprehensive national surveillance system. However, key personnel have now been employed by the HSE in this area and it is expected that a national hospital HCAI surveillance system will be in place in the near future. This will provide inter-hospital comparisons which will drive best practice in this important area.

Foreign Adoptions.

Róisín Shortall

Ceist:

73 Deputy Róisín Shortall asked the Minister for Health and Children if she will revise the arrangement in respect of assessment for foreign adoptions whereby couples completing a three month course before they can start the assessment process with a social worker currently can not opt to take the course in an area of the country with short waiting times and are restricted to their own area; the reason for the policy; the way it can be considered efficient and the best use of public resources; to outline who sets this policy; and if she will make a statement on the matter. [19413/07]

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 (HSE) 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.

Brian Hayes

Ceist:

74 Deputy Brian Hayes asked the Minister for Health and Children the fee income from private beds for all of those hospitals that are bring considered for a new collocated private hospital in each of the past four years; and if she will make a statement on the matter. [19422/07]

The information sought by the Deputy is not immediately available to my Department. It has requested the Parliamentary Affairs Division of the Health Service Executive to arrange to have a reply issued directly to the Deputy.

Nursing Home Subventions.

Richard Bruton

Ceist:

75 Deputy Richard Bruton asked the Minister for Health and Children further to Parliamentary Question No 305 of 26 June 2007, if she will direct the Health Service Executive to make contact with all persons who have recently been refused or who are on reduced subventions in order that people will receive their rights; and if she will make the 15% cap retrospective to cover payments at least to the date when she announced the introduction of this scheme. [19432/07]

There are approximately 13,785 private patients in private nursing homes throughout the country. It would not be administratively feasible for the HSE to contact every person currently in a private nursing home.

After the new nursing home support scheme — A Fair Deal — was announced in December 2006, leaflets giving details of the new scheme, and also giving information about the increased subvention payments for 2007, were distributed to Local Health Offices. This information, as well as the new National Guidelines for the Standardised Implementation of the Nursing Home Subvention Scheme, was also made available on the HSE website. The leaflet advised that anyone currently in a private nursing home, or planning to enter a private nursing home, should contact their Local Health Office to apply for a subvention or an increased subvention.

In accordance with the National Guidelines for the Standardised Implementation of the Nursing Home Subvention Scheme, the HSE will cease imputing income from the principal private residence where it has already been taken into account for three or more years. This change is consistent with A Fair Deal. However, it would not be possible to apply this retrospectively as to do so would be unfair to all those who have already been assessed.

Mental Health Services.

Dan Neville

Ceist:

76 Deputy Dan Neville asked the Minister for Health and Children the rationale in deciding that 100 days is the minimum health insurance cover for private psychiatric hospitals. [19442/07]

Dan Neville

Ceist:

77 Deputy Dan Neville asked the Minister for Health and Children her plans to review the minimum psychiatric cover for health insurance. [19443/07]

Dan Neville

Ceist:

78 Deputy Dan Neville asked the Minister for Health and Children her views on the recommendation of the Competition Authority that the minimum health insurance cover for psychiatric in hospital treatment be modernised to offer limited cover plans to suit individual circumstances. [19444/07]

I propose to take Questions Nos. 76 to 78, inclusive, together.

Under the Minimum Benefit Regulations all insurance products that provide cover for in-patient hospital treatment must provide a certain minimum level of benefits. The 1999 Government White Paper on Health Insurance stated that the purpose of the Minimum Benefit Regulations is: to maintain inter-generational solidarity within the community rating system; to ensure the continued availability of the type of broad hospital care cover traditionally held as a minimum by the insured population; and to ensure that individuals do not significantly under-insure due to lack of proper understanding of the restrictions which, in the absence of a specified minimum entitlement, could apply to some types of policies.

The minimum benefit regulations, having regard to psychiatric in-patient treatment, provide that all private health insurers must pay benefit for a minimum of 100 days treatment per annum. The provision of a statutory guarantee of indemnity benefit for not less than 100 in-patient days represents insurance cover in excess of the three-month period within which 92 per cent of discharges in the four Health Services Executive areas occur.

The Competition Authority stated in its report on the Private Health Insurance Market that if limited cover plans are found to be feasible and compliant with the relevant legislation and community rating then the Minimum Benefit Regulations should be amended to give the Health Insurance Authority responsibility for approving limited-cover plans proposed by health insurers. However, the Competition Authority went on to state that the key criterion for any such approval should be whether any such products could undermine community rating in the market.

Having regard to proposals in the recent reports on the Private Health Insurance Market, I have asked the Health Insurance Authority to consult with stakeholders on defining the level of private health insurance cover which should be subject to community rating.

Health Repayment Scheme.

Pat Breen

Ceist:

79 Deputy Pat Breen asked the Minister for Health and Children when a refund will issue to a person (details supplied) in County Clare in respect of nursing home charges; and if she will make a statement on the matter. [19466/07]

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.

Pat Breen

Ceist:

80 Deputy Pat Breen asked the Minister for Health and Children when a refund will issue to a person (details supplied) in County Clare in respect of nursing home charges; and if she will make a statement on the matter. [19467/07]

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.

Pat Breen

Ceist:

81 Deputy Pat Breen asked the Minister for Health and Children when a refund will issue to a person (details supplied) in County Clare in respect of nursing home charges; and if she will make a statement on the matter. [19468/07]

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.

Pat Breen

Ceist:

82 Deputy Pat Breen asked the Minister for Health and Children when a refund will issue to a person (details supplied) in County Galway in respect of nursing home charges; and if she will make a statement on the matter. [19469/07]

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.

Pat Breen

Ceist:

83 Deputy Pat Breen asked the Minister for Health and Children when a refund will issue to persons (details supplied) in County Clare in respect of nursing home charges; and if she will make a statement on the matter. [19470/07]

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.

Health Services.

Pat Breen

Ceist:

84 Deputy Pat Breen asked the Minister for Health and Children when persons (details supplied) in County Clare will be facilitated with orthodontic treatment; and if she will make a statement on the matter. [19471/07]

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.

Suicide Incidence.

Pat Breen

Ceist:

85 Deputy Pat Breen asked the Minister for Health and Children the number of recorded deaths in County Clare as a result of suicide over the past three years and the past six months of 2007; and if she will make a statement on the matter. [19472/07]

According to figures provided by the Central Statistics Office (CSO), the number of deaths by suicide, classified by county of residence of deceased, was 17 for County Clare in 2004. There were 15 deaths by suicide in 2005, this figure is provisional based on year of registration. There were 9 deaths by suicide during the period January to September 2006, again this is a provisional figure based on year of registration. Subsequent data for year ending October to December 2006 and data for 2007 have not yet been released by the CSO.

"Reach Out", the National Strategy for Action on Suicide Prevention, was launched in 2005. The National Office for Suicide Prevention was established by the Health Service Executive to oversee the implementation of the Strategy; to coordinate suicide prevention activities across the State; to consult widely in relation to the planning of future initiatives and to ensure best practice in suicide prevention.

In 2006, an additional €1.2 million was allocated to the Health Service Executive specifically for suicide prevention initiatives. A further €1.85 million has been allocated for 2007 bringing the total funding available in 2007 to support suicide prevention initiatives to approximately €8 million.

Hospital Services.

Pat Breen

Ceist:

86 Deputy Pat Breen asked the Minister for Health and Children further to Parliamentary Question No. 357 of 20 March 2007, when a person (details supplied) in County Clare will be facilitated with a MRI scan; and if she will make a statement on the matter. [19473/07]

My Department has asked the Parliamentary Affairs Division of the Health Service Executive to inform the Deputy, as a matter of urgency, of the current position in relation to the provision of an MRI scan for the named person.

National Drugs Strategy.

Liz McManus

Ceist:

87 Deputy Liz McManus asked the Minister for Health and Children the timelines for implementation of commitments in the programme for Government to target cocaine misuse including the provision of detox beds; the number of detox beds that will be made available; the location where they will be located; the timeframe and the cost of these beds; and if she will make a statement on the matter. [19498/07]

In relation to the commitment in the Programme for Government to open two cocaine treatment centres, the timing of this action is a matter for the Health Service Executive. However, I understand that plans are already in train in the HSE to open these centres, one to be located in Dublin and the other to be located in another city yet to be decided upon.

Work is ongoing on the costings and appropriate timelines for the implementation of the further commitment in the Programme for Government on detox beds, as recommended in the Report of the Working on Drugs Rehabilitation published recently.

Departmental Expenditure.

Liz McManus

Ceist:

88 Deputy Liz McManus asked the Minister for Health and Children the health spend excluding the social spending normally included, for each of the years 2004 to 2007; and if she will make a statement on the matter. [19499/07]

In many health care programmes it can be difficult to clearly separate health and social spending. However, on the basis of conventions agreed with the Organisation for Economic Cooperation and Development (OECD) the table below sets out the overall health expenditure for each of the years requested by the Deputy.

Public Health Spending (Current and Capital) excluding Social Spending

Year

Expenditure € millions

2004

8,414

2005

9,271

2006

10,276

2007 Estimated

11,304

Cancer Incidence.

Liz McManus

Ceist:

89 Deputy Liz McManus asked the Minister for Health and Children the measures and the timeline for measures to be put in place to prevent sunbed use for children under 16; her plans to regulate sunbed use here; the recommendations she has been given with regard to sunbed use for children; and if she will make a statement on the matter. [19500/07]

The Government has accepted my proposal to restrict the use of sunbeds to adults only. Heads of a Bill are being prepared for consideration by Government to regulate the use of sunbeds, including prohibiting their use by those under 16. The proposals will also provide for the compulsory placing of warning notices in sunbed salons and other places where sunbeds are available for use by the public. I hope to be in a position to introduce the legislation later this year.

Services for People with Disabilities.

Mary Upton

Ceist:

90 Deputy Mary Upton asked the Minister for Health and Children if a decision has been made on the way the additional €2 million allocated in 2007, for services for persons with cystic fibrosis will be distributed between the various centres of excellence; if a decision has not yet been made, when that decision will be made; and if she will make a statement on the matter. [19503/07]

Mary Upton

Ceist:

91 Deputy Mary Upton asked the Minister for Health and Children if terms of reference have been agreed for the project team approved for the implementation of the next phase of the ongoing major capital investment at St. Vincent’s hospital for persons with cystic fibrosis; and if she will make a statement on the matter. [19504/07]

I propose to take Questions Nos. 90 and 91 together.

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 issues 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.

Pharmacy Regulations.

Ned O'Keeffe

Ceist:

92 Deputy Edward O’Keeffe asked the Minister for Health and Children when the new Pharmacy Act, 2007 will be enacted and put into law; the regulation governing pharmacists from outside this jurisdiction setting up here; and if she will outline the position. [19506/07]

The 2007 Pharmacy Act was passed by the Oireachtas earlier this year. The Pharmacy Act will be commenced in 3 stages. The first stage is to put in place the Council of the new Pharmaceutical Society of Ireland. The second stage is registration, offences, powers of investigation etc. The third stage regards complaints, inquires and discipline (fitness to practice provisions).

A three stage process allows flexibility in implementation dates, given the complexity and number of new policies and procedures that the new PSI Council must have in place to accommodate each stage.

The 2007 Pharmacy Act allows for the removal of the restriction on pharmacists educated in other EU or EEA countries owning, managing or supervising a pharmacy in Ireland that is less than three years old — the derogation under Article 2.2 of Council Directive 85/433/EEC. My motivation in removing this derogation was to facilitate the many Irish pharmacy graduates who, because of the shortage of pharmacy undergraduate places available in the State, went abroad to train. On their return these graduates found that they were at a disadvantage to their Irish trained colleagues in not being able to establish a new pharmacy business, having instead to confine themselves to ones which had already been in operation for at least 3 years, a situation that was clearly unfair and unsustainable.

In relation to the removal of the derogation, new policies and procedures must be in place before the second stage of implementation of the Act, including the removal of the derogation, can proceed. Under section 17 of the 2005 Interpretation Act, the Council can complete drawing up these policies and procedures prior to commencement of the relevant parts and sections of the Act and this will be done in stage one.

The second stage of the implementation of the Act will deal with the new procedures for registration of pharmacists and pharmacy businesses under Part 4 of the Act, the conditions for conduct of a retail pharmacy business, including 3 years post-registration experience for supervising pharmacists, Part 7 of the Act on the investigation of alleged offences, breaches of codes or professional misconduct, regulations for supervision of the sale and supply of medicinal products and, in the interest of public safety, new conditions for registration of pharmacists in terms of forensic and linguistic competency. Once these new policies and procedures and the new regulatory regime for pharmacists and pharmacy businesses, are put in place by the Council, it will be possible to revoke the 1962 Pharmacy Act and remove the derogation.

Diplomatic Representations.

John Cregan

Ceist:

93 Deputy John Cregan asked the Minister for Health and Children the situation in relation to Irish citizens who died while abroad on holidays; if her Department has an arrangement or made a request to airline companies to carry home remains; if deaths which occurred abroad can be registered here on the families’ request; the way this should be arranged; if remains of deceased persons undergo a post mortem on return to Ireland or if this is done in the United Kingdom and other countries; and if same would mean death could be recorded and registered here. [19520/07]

Registration of deaths is statutorily a matter for an tÁrd Chláraitheoir (Registrar General). I have made enquiries of an tÁrd Chláraitheoir and the position is as set out below.

Section 38 of the Civil Registration Act 2004 makes provision for the registration in Ireland of the death of an Irish citizen domiciled in the State, which occurs outside the State in the following circumstances: (a) If there was not at the time of the death a system of registration or a system that applied to that particular death in the country in which the death took place; or (b) If it is not possible to obtain from the country in which the death took place a copy of or extract from civil records of the death.

Provision is also made in the Civil Registration Act 2004 for the registration of the death of a person aboard an Irish aircraft or Irish ship, or the death of an Irish citizen on board a foreign aircraft or foreign ship travelling to or from an Irish airport or port, as the case may be. The death of a member of the Garda Siochána or the Permanent Defence Force, or of the spouse or specified members of the family of such a member, while the member is serving outside the State as such a member, may be registered in Ireland.

Where a family considers that these circumstances apply in respect of the death of a family member, an application may be made to an tÁrd Chláraitheoir, Government Offices, Convent Road, Roscommon, who will decide, on the basis of evidence available to him, whether such a death may be registered in the State.

My Department has no function in relation to the repatriation of the remains of Irish citizens who die abroad, or in deciding whether a post mortem should be carried out. I understand that the Department of Foreign Affairs provides consular assistance to Irish citizens who travel abroad, including assistance in relation to deaths abroad of family members, and I would draw to the attention of the Deputy parliamentary question No 244 at column 265 of the Dáil Debates for 29 November 2005 in this regard.

Services for People with Disabilities.

John Cregan

Ceist:

94 Deputy John Cregan asked the Minister for Health and Children the services or strategy in which services for multiple sclerosis sufferers is based; and if a statement will be made on the matter outlining sources of and details of services to those with the condition. [19523/07]

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.

Cancer Screening Programme.

John Cregan

Ceist:

95 Deputy John Cregan asked the Minister for Health and Children the situation regarding the provision of BreastCheck; the areas of the country covered; the age groups who can avail of the scheme; and if it will be extended to women over 66 years as soon as it has full geographical spread. [19528/07]

I am committed to ensuring that the BreastCheck service is rolled out to the remaining regions in the country as quickly as possible. I have allocated additional revenue funding of €8 million for this year to meet the additional costs involved. The full complement of 111 staff for roll-out has been approved. BreastCheck appointed the Clinical Directors for the South and West last November and has recently appointed three Consultant Radiologists, two Consultant Surgeons and two Consultant Histopathologists, all with a special interest in breast disease. The recruitment of Radiographers and other staff is underway.

I have also made available an additional €26.7 million capital funding for the construction of two new clinical units and the provision of five additional mobile units and state of the art digital equipment. The static units at the South Infirmary/Victoria Hospital in Cork and University College Hospital Galway will be handed over later this year.

BreastCheck is currently available in fifteen counties in the Eastern, North Eastern, Midland and parts of the South Eastern regions and Western regions. The counties covered are Cavan, Carlow, Dublin, Kildare, Kilkenny, Longford, Laois, Louth, Meath, Monaghan, Offaly, Roscommon,Wicklow, Westmeath and Wexford. BreastCheck provides free screening to all women in the 50-64 age group in these counties. The expert advice from BreastCheck and from the National Cancer Forum, as contained in its National Strategy for Cancer Control, is that following the national extension of the current programme, the upper age limit should be extended to women aged 69 years.

The priority of BreastCheck is to screen women who have not yet been screened and accordingly it is fully focussed at present on the commencement of the first round of screening in the West and South. I will consider extending the age limit as recommended when the national roll-out of the programme is sufficiently developed and it is assured that a quality service is being delivered. Any woman irrespective of her age who has immediate concerns or symptoms should contact her GP who, where appropriate, will refer her to the symptomatic services in her area.

Medical Cards.

John Cregan

Ceist:

96 Deputy John Cregan asked the Minister for Health and Children the medical card guideline increases over the past ten years; if data of fact and comparison can be outlined; and if she will make a statement on the matter. [19531/07]

Since the beginning of 2005 I have introduced a number of significant changes to the manner in which assessment for medical cards are undertaken. The assessment guidelines have been increased by a cumulative 29% and more so in the case of dependent children. Applications are now considered on the basis of income net of tax and PRSI and allowance is made for reasonable expenses incurred in respect of mortgage/rent, childcare and travel to work. Also in 2005 I introduced the GP visit card as a graduated benefit, with the specific purpose that people on moderate and 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 general practitioner.

The range of GP services available to holders of a GP visit card is the same as is available to persons who hold a medical card. The guidelines used by the HSE to assess applications for GP visit cards were initially 25% higher than those used in assessing applications for medical cards and from June, 2006, the differential increased to 50%. The aforementioned changes in the assessment of medical cards also apply to GP visit cards.

Between January 2005 (1,145,083) and June 2007 (1,243,466) an additional 98,383 people have medical cards. As at 27th June 2007, 77,844 persons held a GP visit card. Thus since January 2005, an additional 176,227 people have free access to GP services.

My Department and the Health Service Executive (HSE) monitor the number of medical cards and GP visit cards on an ongoing basis and the need for changes to the guidelines is kept under review, having regard to factors such as changes in income levels generally, the nature of typical household outgoings and also changes to the various social welfare schemes.

Prior to 2005 decisions to increase the medical card assessment guidelines were a matter for the former health board Chief Executive Officers. Increases which were applied were generally in line with changes in the Consumer Price Index (CPI). The purpose of this was to ensure that people whose general circumstances had not changed did not lose entitlement. It did not constitute a linkage with the social welfare system. Under the current assessment arrangements, persons whose sole income is derived from Department of Social and Family Affairs payments or HSE payments, even if these exceed the assessment guidelines, qualify for a medical card.

I set out below a table for the Deputy showing medical card assessment guidelines increases over the past 10 years.

Year

Single Person (under 66, living alone)

Couple (under 66)

Percentage Increase

%

1997

£88.00

£127.50

1998

£89.00

£129.00

1

1999

£92.00

£133.00

3

2000

£93.50

£135.00

2

2001

£100.00

£144.50

7

(€126.97)

(€183.50)

2002

€132.00

€190.50

4

2003

€138.00

€200.00

4.5

2004

€142.50

€206.50

3

2005 (Jan.)

€153.50

€222.00

7.5

2005 (Oct.)

€184.00

€266.50

20

Living Donor Programme.

Denis Naughten

Ceist:

97 Deputy Denis Naughten asked the Minister for Health and Children if she will publish the report she has received on the suspension of the living donor programme at Beaumont Hospital; the action she is taking to resolve the suspension of the programme; when the next procedure is scheduled to take place; and if she will make a statement on the matter. [19546/07]

My Department has been given an assurance by the Health Service Executive that the living donor programme at Beaumont Hospital has not been suspended. The HSE has further advised that Beaumont Hospital has contacted donors to reassure them that the programme is on track and that donors and patients will continue to be prepared for surgery as soon as they are deemed clinically suitable.

My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the specific issue in relation to the scheduling of the next procedure investigated and to have a reply issued directly to the Deputy.

Services for People with Disabilities.

Kathleen Lynch

Ceist:

98 Deputy Kathleen Lynch asked the Minister for Health and Children if her attention has been drawn to the fact that thousands of disabled people in the Health Service Executive south area have been unable to access basic dental care for the past six months due to the withdrawal of the full general anaesthetic service at the UCC School of Dentistry at Cork University Hospital; the measures she is taking to have this matter resolved to avoid further inconvenience and suffering for these patients; and if she will make a statement on the matter. [19580/07]

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.

Clinical Indemnity Scheme.

Kathleen Lynch

Ceist:

99 Deputy Kathleen Lynch asked the Minister for Health and Children her views on the withdrawal of insurance cover for the country’s approximate 15 independent midwives; her views on extending the Health Service Executive clinical indemnity scheme to cover the midwives contracted to work in the community; and if she will make a statement on the matter. [19581/07]

The insurance cover referred to by the Deputy is currently provided by the Irish Nurses Organisation (INO), which has indicated that from 30 September 2007 it will no longer be possible for them to equitably underwrite the risk. Discussions on the issues involved have already been initiated between my Department, the State Claims Agency (SCA) and the HSE. The SCA, which has responsibility for the operation of the Clinical Indemnity Scheme that covers healthcare professionals operating in the public health system, and my Department are now jointly examining the matter and will be meeting with the interested parties in the near future.

Departmental Staff.

Kathleen Lynch

Ceist:

100 Deputy Kathleen Lynch asked the Minister for Health and Children when she will appoint a chief dental officer at her Department; and the reason the position has been vacant for the past three years. [19582/07]

The question of the appointment of a Chief Dental Officer is being actively considered by my Department at present. In the meantime, my Department has available to it the services of a dental advisor on secondment from the Health Service Executive.

Cancer Screening Programme.

Olwyn Enright

Ceist:

101 Deputy Olwyn Enright asked the Minister for Health and Children her plans for the national roll-out of the cervical cancer screening programme; the time-frame for this; and if she will make a statement on the matter. [19597/07]

It is my objective to have an effective national cervical screening programme rolled out, beginning late this year. This will result in a substantial reduction in the incidence of cervical cancer. For that purpose, on 1 January 2007, I established a National Cancer Screening Service which amalgamates BreastCheck and the Irish Cervical Screening Programme (ICSP). The total allocation to the new Service is €33 million; this is a 71% increase on the 2006 allocation to the Programmes. This includes additional funding of €5 million for 2007 to the Service to commence roll out of the ICSP by the end of the year.

The National Cancer Screening Service is planning to have cervical screening managed as a national call/recall programme via effective governance structures that provide overall leadership and direction, in terms of quality assurance, accountability and value for money. All elements of the programme, call/recall, smear taking, laboratories, colposcopy and treatment services will be quality assured, organised and managed to deliver a single integrated national service.

Hospital Staff.

Pat Breen

Ceist:

102 Deputy Pat Breen asked the Minister for Health and Children when a consultant radiologist will be employed at Ennis General Hospital, County Clare to interpret and report on the mammograms; when services will take place; and if she will make a statement on the matter. [19609/07]

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 respond directly to the Deputy in relation to the matter raised.

Health Services.

Michael Ring

Ceist:

103 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for a procedure. [19610/07]

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 respond directly to the Deputy in relation to the matter raised.

Michael Ring

Ceist:

104 Deputy Michael Ring asked the Minister for Health and Children if she will arrange an inspection of the living conditions of persons (details supplied) in County Mayo; and the works that need to be carried out to bring this dwelling to a more reasonable standard. [19611/07]

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.

Michael Ring

Ceist:

105 Deputy Michael Ring asked the Minister for Health and Children the reason a person (details supplied) in County Mayo, who was promised two weeks respite care, only received one week and has been refused the second week. [19612/07]

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.

Róisín Shortall

Ceist:

106 Deputy Róisín Shortall asked the Minister for Health and Children the action that has been taken to secure a step-down facility for a person (details supplied) in Dublin 11; and when the person will be able to move out of hospital. [19629/07]

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.

Accident and Emergency Services.

Róisín Shortall

Ceist:

107 Deputy Róisín Shortall asked the Minister for Health and Children the steps that have been introduced to reduce waiting periods for patients attending the accident and emergency department in the Mater Hospital; if she will examine the case of a person (details supplied) in Dublin 9 who was left in considerable pain; and if she will make a statement on the matter. [19630/07]

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 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 specific 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.

Improving the delivery of Accident and Emergency services is the Government's top priority in health. Our objectives are to reduce the numbers waiting for admission, the time spent waiting for admission, and the turnaround time for those who can be treated in A & E and do not require admission.

In March 2006, the HSE established a dedicated Task Force to facilitate the implementation of the HSE's Framework for addressing the problems arising in relation to the delivery of Emergency Department Services. The report of the Task Force was published on 1st June.

The Task Force report noted that the majority of the hospitals which were identified as experiencing difficulties in relation to the delivery of Emergency Department services have for some time been meeting the initial performance targets set by the HSE. There are a small number of hospitals which have experienced particular difficulties in seeking to achieve the targets.

The Task Force report recommends that revised targets should be set to ensure that no patient waits longer than 12 hours for admission to an acute bed, once the decision to admit has been made. The ultimate objective is a total wait time target of six hours from the time a patient presents at the Emergency Department to the time he or she is either admitted to an acute bed, or is treated and discharged home. The Task Force acknowledged that further work is required in relation to the establishment of total wait time targets. Key issues to be addressed by the HSE in this context are the standardisation of processes and models of care within Emergency Departments and the standardisation of waiting time measurement.

The HSE has announced that it intends to introduced revised performance targets in October 2007. The basis for the timing of the introduction of the revised targets is to take account of key infrastructural developments, including the commissioning of 700 additional public long-stay beds. In addition, a number of Emergency Department developments, including admission lounges and Acute Medical Admission Units, are to become operational in 2007/2008. These developments are designed to deliver improvements in terms of the clinical decision-making within Emergency Departments and to address dignity and privacy issues for patients awaiting admission to an acute bed.

Health Services.

Róisín Shortall

Ceist:

108 Deputy Róisín Shortall asked the Minister for Health and Children the arrangements which have been made for the care of a person (details supplied) in Dublin 11 who is in the care of the Health Service Executive. [19632/07]

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

Róisín Shortall

Ceist:

109 Deputy Róisín Shortall asked the Minister for Health and Children the reason for the excessive delay in completing the review of the DTSS scheme; if her attention has been drawn to the fact that medical card holders are being denied access to dental treatment due to this delay; and if she will take immediate steps to resolve this matter. [19635/07]

The Dental Treatment Service Scheme (DTSS) provides for a range of dental services for adult medical card holders from participating dentists holding contracts with the Health Service Executive (HSE).

The DTSS Review Group was established in May 2006 to undertake a comprehensive review of Primary Care Oral Health Services provided under the DTSS. Represented on the Review Group are the HSE, the Health Service Employers Agency, the Department of Health and Children, the Department of Social and Family Affairs, the Department of Finance and the Irish Dental Association (IDA). The Group is chaired by Mr Finbar Flood.

Since the Group was established, a legal issue has arisen with regard to the Competition Act 2002 as it relates to the negotiation of professional fees. It would be incorrect to state that there is an excessive delay in completing this review. The issues involved are complex and my officials are working with the Attorney General's office to clarify the way forward.

The existing contractual arrangements with private dental practitioners under the DTSS for provision of dental services to eligible patients remain in place although I am aware that some dentists have indicated that they wish to resign from this scheme.

It should be noted that dentists withdrawing from the scheme are obliged to work a three months notice period. To date, 75 of those dentists who have indicated they will withdraw from the DTSS have actually done so; the total number of dentists in the DTSS is 1,198.

It should also be noted that the Primary Care Reimbursement Service of the HSE (formerly the GMS) has not noticed any significant decrease in either the number of claims or the amounts paid to dentists under the DTSS. I am also informed that the HSE are continuing to monitor service levels within the DTSS.

Foreign Adoptions.

Lucinda Creighton

Ceist:

110 Deputy Lucinda Creighton asked the Minister for Health and Children if she will take all possible measures, including increased funding for employment of social workers, to ensure that the lengthy waiting times and delays in carrying out assessments of candidates for adoption of foreign children is resolved; and if she will make a statement on the matter. [19644/07]

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 (HSE) 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.

The Government has allocated additional funding to the HSE in recent years to assist in tackling intercountry adoption waiting times. The HSE has been assessing the provision of services in the context of moving from the health board system to a single executive. It has acknowledged that there is a divergence in the provision of services and is committed to addressing those differences.

The Deputy will be aware that demands for assessment for intercountry adoption are continuously increasing. It should be noted that consequent on the increased number of children coming from abroad, there is also a new and increasing demand for post-adoption reports for sending countries. These are also being undertaken by HSE social work staff.

In a number of areas, the HSE have increased capacity through contract arrangements with non-statutory agencies with appropriate expertise. Officials from my office are currently engaged in discussions with the HSE to explore these and other strategies to increase capacity across the country.

Decentralisation Programme.

Róisín Shortall

Ceist:

111 Deputy Róisín Shortall asked the Minister for Health and Children the number of posts decentralised to date as part of her Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from her Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts. [19657/07]

My Department is not one of the Departments earmarked for decentralisation under the Civil Service Decentralisation Programme. The General Register Office, currently located at Government Offices, Convent Road, Roscommon is the only section of my Department located outside of Dublin following an earlier decentralisation programme.

Hospitals Building Programme.

Thomas P. Broughan

Ceist:

112 Deputy Thomas P. Broughan asked the Minister for Health and Children if she will provide details of the reported sanctioning of a private hospital to be built on the grounds of Beaumont Hospital, Dublin 9; if a consortium (details supplied) has won the contract to build this private hospital; the stage of contract negotiations; the size this hospital will be; the value of tax breaks the consortium will be awarded for building the co-located hospitals; and if she will make a statement on the matter. [19663/07]

The Health Service Executive (HSE) issued invitations to tender in relation to the colocation of a private hospital on the site of Beaumont Hospital on 19th April 2007. Bids were returned on 17th May 2007. Subject to HSE Board approval, the preferred bidder is expected to be appointed shortly.

My Department has asked the Parliamentary Affairs Division of the Executive to arrange to have a reply issued directly to the Deputy in relation to the details requested.

Medical Cards.

Bernard J. Durkan

Ceist:

113 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card renewal will issue in the case of a person (details supplied) in Dublin 6 who has ongoing health requirements; and if she will make a statement on the matter. [19682/07]

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 moderate and 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.

Home Help Service.

Bernard J. Durkan

Ceist:

114 Deputy Bernard J. Durkan asked the Minister for Health and Children if and when home help can be appointed in the case of a person (details supplied) in County Kildare to assist caring for their daughter and son; and if she will make a statement on the matter. [19684/07]

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.

Health Services.

Bernard J. Durkan

Ceist:

115 Deputy Bernard J. Durkan asked the Minister for Health and Children if once-off or exceptional needs payments are payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [19686/07]

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 matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to have the matter examined and to have a reply issued directly to the Deputy.

International Agreements.

Billy Timmins

Ceist:

116 Deputy Billy Timmins asked the Minister for Transport and the Marine the position in respect of the provisional agreement between the EU and the US regarding provisions of airline passenger information; the conditions with regard to same; and if he will make a statement on the matter. [19388/07]

Liz McManus

Ceist:

117 Deputy Liz McManus asked the Minister for Transport and the Marine if he will clarify any agreement between the EU and the US regarding provisions of airline passenger information; the amount of personal information required by the US for a passenger flying into their territory; the length of time this information is to be kept on file; and if he will make a statement on the matter. [19497/07]

I propose to take Questions Nos. 116 and 117 together.

Negotiations between the EU Commission and the US authorities on a new agreement on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security concluded on 27 June 2007.

A copy of the agreement was laid before the Houses of the Oireachtas on 3 July 2007 and is currently available in the Dáil library. The Deputies will be aware that a motion approving Ireland's participation in the adoption of the agreement was passed by both Houses of the Oireachtas yesterday.

The Agreement will be submitted to the European Council on 10 July for approval for the Presidency to sign the Agreement on behalf of the European Union.

Rail Services.

Róisín Shortall

Ceist:

118 Deputy Róisín Shortall asked the Minister for Transport and the Marine further to Parliamentary Question No 72 on 28 June, 2007, the reason the introduction of a rail freight subsidy on a per tonne basis for materials that are transferred from existing road freight onto rail freight was not included as part of the programme for Government; and his plans to revise his policy in this respect. [19387/07]

The position in relation to rail freight is set out in my answer to Dáil Questions Nos 57, 72 and 144 which I answered on Thursday last.

Public Transport.

Eamon Gilmore

Ceist:

119 Deputy Eamon Gilmore asked the Minister for Transport and the Marine the steps it is proposed to take to replace the bus service (details supplied) in County Donegal; and if he will make a statement on the matter. [19418/07]

My Department has issued Annual Passenger Licenses and International Authorisations to the Londonderry & Lough Swilly Railway Company (LLSR), enabling them to provide public bus services in the North West Donegal region.

The provision of bus services on specific routes is a commercial and operational matter for bus operators. LLSR recently informed my Department that due to a significant decline in the number of passengers availing of their services during the summer months, the Company has temporarily suspended some of their services from the 2nd of July 2007. The Company advised the Department that it is their intention to resume all of their services in early September. LLSR operated a similar reduced service during July and August 2006.

Air Services.

Tony Gregory

Ceist:

120 Deputy Tony Gregory asked the Minister for Transport and the Marine further to Parliamentary Question No. 258 of 27 June 2007, if the Irish Aviation Authority has received inquiries from concerned residents regarding the landing of helicopters at a location (details supplied). [19448/07]

Further to Parliamentary Question No. 258 of 27 June 2007 the Irish Aviation Authority has informed me that it has not received inquiries from concerned residents regarding the landing of helicopters at the location referred to.

The IAA has further informed me that the Deputy or residents may contact the Authority directly with any concerns regarding safety matters arising from helicopter operations in this area.

Search and Rescue Service.

Pat Breen

Ceist:

121 Deputy Pat Breen asked the Minister for Transport and the Marine the progress that has been made in providing a new building for the Doolin coastguard and rescue service; if negotiations for the acquisition of a site have ended; and if he will make a statement on the matter. [19477/07]

The Deputy will be aware that temporary accommodation has been made available for the Doolin Coast Guard Unit members.

While separate negotiations have been commenced in recent months no final agreement has yet been reached.

Driving Licences.

John Cregan

Ceist:

122 Deputy John Cregan asked the Minister for Transport and the Marine the regulations in relation to returning Irish citizens from the USA who have US driving licences and years of driving experience; if they are exempt from the full regime of obtaining a driving licence here; and if not the reason for same. [19529/07]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No 477 of 2006) the Road Safety Authority has now responsibility for the delivery of the driving test and the issuing of certificates of competency. I understand that the Road Safety Authority is currently reviewing the issue referred to by the Deputy.

Railway Stations.

Fergus O'Dowd

Ceist:

123 Deputy Fergus O’Dowd asked the Minister for Transport and the Marine the progress to date on a new railway station in Dunleer, County Louth. [19586/07]

The location of stations on the rail network is a matter for Iarnród Eireann. I am advised by Iarnród Eireann that it is currently reviewing the re-opening of Dunleer Station in the context of planned developments adjacent to the station and in Dunleer village.

Fergus O'Dowd

Ceist:

124 Deputy Fergus O’Dowd asked the Minister for Transport and the Marine the position regarding the proposed new railway station at Drogheda north. [19587/07]

I refer the Deputy to my reply to Dail question No. 222 answered on 8 February 2007. The position remains unchanged.

Public Transport.

Róisín Shortall

Ceist:

125 Deputy Róisín Shortall asked the Minister for Transport and the Marine his plans to convert to using bio-fuels or renewable energy sources to fuel Dublin buses; and if he will make a statement on the matter. [19628/07]

As part of my overall objective for sustainable urban transportation I have requested CIE to move to a 30% bio-diesel blend in all new buses as part of their fleet replacement policy commencing in 2008. I understand that Dublin Bus has secured a commitment from the relevant engine manufacturer to enable the buses to operate on a 30% biofuel mix without affecting the warranty.

In line with the Programme for Government I have also asked the company to set out as quickly as possible an action plan to convert the existing fleet to a 5% biofuel blend taking account of logistical, technical and financial issues.

State Airports.

Pat Breen

Ceist:

126 Deputy Pat Breen asked the Minister for Transport and the Marine if he is satisfied with levels of security at Shannon Airport following the recent attacks in the UK; the reduction in employees at Shannon Airport following the restructuring agreement; and if he will make a statement on the matter. [19646/07]

Regulation (EC) No. 2320/2002 of the European Parliament and of the Council establishing common rules in the field of civil aviation security has been in force since January 2003. This Regulation and a number of implementing regulations have been adopted into our National Civil Aviation Security Programme (NCASP).

I am satisfied that the aviation security practices and procedures implemented at Irish airports including at Shannon Airport, conform to the highest standards set down in the European Union common rules. These practices and procedures are subject to monitoring by my Department's Aviation Security Division and are also the subject of periodic reviews by international organisations, such as the EU Commission and the International Civil Aviation Organisation (ICAO).

It is not the practice to comment on specific security measures in place or that may be implemented at the State's airports; however, aviation security arrangements at Irish airports are kept under continuous review by my Department and the National Civil Aviation Security Committee, which is chaired by a senior official from my Department. The Committee comprises representatives of Government Departments, State Airports, airlines, the Garda Siochana, the Defence Forces, Customs and Excise, An Post, Irish Aviation Authority, the Irish Airline Pilots' Association and the Regional Airports.

Decentralisation Programme.

Róisín Shortall

Ceist:

127 Deputy Róisín Shortall asked the Minister for Transport and the Marine the number of posts decentralised to date as part of his Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from his Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts. [19660/07]

To date, my Department has decentralised a total of 112 posts from Dublin to Loughrea and Ballina. As part of the establishment of the Road Safety Authority, which included the transfer of some 295 posts from my Department to the new agency, 40 posts have decentralised to Loughrea and 62 posts have decentralised to Ballina. A further 10 posts that remain part of my Department's complement have also been transferred to Loughrea.

Light Rail Project.

Thomas P. Broughan

Ceist:

128 Deputy Thomas P. Broughan asked the Minister for Transport and the Marine if, in view of the proposals for high density development at northside and Clonshaugh in Dublin 17 and at Nevinstown in Fingal, he will request the Railway Procurement Agency to begin the process of building a LUAS line from Dublin City centre to Coolock and these proposed new developments; if he has had discussions with developers in this regard; and if he will make a statement on the matter. [19672/07]

While Transport 21 involves a very large commitment of financial resources, those resources are also finite. Transport 21 provides funding for the delivery of an extensive prioritised rail based network in the ten-year period to 2015. This network is based on the Dublin Transportation Office strategy "A Platform for Change".

The Railway Procurement Agency (RPA) is tasked with the delivery of the Luas and Metro elements of Transport 21. In the short to medium term the RPA is focused on delivering all Luas/Metro projects for which financial support is provided for in Transport 21. Since the launch of Transport 21 in November 2005 a growing momentum has developed on the delivery of this very large investment programme including Metro North which will serve Nevinstown.

The DTO strategy remains the longer-term strategic framework for transport in the Greater Dublin Area. Funding is provided in Transport 21 for feasibility studies based on elements of the DTO strategy which are not included in the current ten-year programme and the RPA will conduct such studies during the timescale of Transport 21. Among these is a Luas line on the Northside connecting Metro North and the DART/northern suburban rail network, from the Whitehall area to Kilbarrack area.

Diplomatic Relations.

Aengus Ó Snodaigh

Ceist:

129 Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs the way Ireland voted at the General Affairs and External Relations Council meeting on 18 June 2007 in relation to the proposal to lift EU sanctions against Cuba. [19375/07]

The European Union's 1996 Common Position on Cuba and all subsequent Council Conclusions reviewing the Common Position have been adopted by consensus, including those at the General Affairs and External Relations Council meeting on 18 June 2007, at which I participated.

In these Council Conclusions, we deplored the fact that the human rights situation in Cuba has not fundamentally changed, and noted that the Cuban Government continues to deny its citizens internationally recognised civil, political and economic rights and freedoms. We also recognised the right of Cuban citizens to decide independently about their future.

While the European Union will continue to pursue its dialogue with Cuba's civil society and to offer to all sectors of society practical support towards peaceful change in Cuba, the Council also emphasised the Union's willingness to resume a comprehensive and open political dialogue with the Cuban authorities on all areas of mutual interest. In order to sound out the potential for such a dialogue, which should take place on a reciprocal and non-discriminatory basis, the Council decided to invite a Cuban delegation to Brussels.

The recent Council Conclusions represent a balanced approach, which is in accordance with the principles of the Common Position. The decision which we took in Council to invite a Cuban delegation to Brussels will provide an opportunity for establishing an open political dialogue with the Cuban authorities.

Decentralisation Programme.

Róisín Shortall

Ceist:

130 Deputy Róisín Shortall asked the Minister for Foreign Affairs the number of posts decentralised to date as part of his Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from his Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts. [19656/07]

Under the Government's decentralisation programme, the Development Cooperation Directorate of the Department of Foreign Affairs, which is Irish Aid's Headquarters, will decentralise to Limerick. This is scheduled to be completed in early 2008, when the new premises will be ready for occupation. It will involve the relocation to Limerick of 124 Dublin-based posts. Good progress has been made and personnel have either been assigned to, or identified for, 101 posts or approximately 82% of the 124 scheduled to be decentralised.

An advance party, involving over 50 posts which were previously based in Dublin, has recently decentralised to interim office premises in Limerick. The decentralisation of these 124 posts will have a neutral effect in terms of overall numbers in the Department.

Employment Rights.

Aengus Ó Snodaigh

Ceist:

131 Deputy Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment the reason the European Convention on the Legal Status of Migrant Workers has not been ratified and will not be ratified in the near future, as reported in the ECRI Second Report on Ireland; when the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families will be ratified. [19377/07]

There are no plans to ratify the European Convention on the Legal Status of Migrant Workers which was finalised in 1977. However, I would point out that the provisions of the Convention in relation to work permits and re-employment have been largely provided for through the provisions of the Employment Permits Acts 2003 and 2006 and their implementation in practice.

With regard to the UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, as I and other Ministers have indicated in relation to similar questions in the past, Ireland has not signed nor has it any plans to ratify the UN Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, which was adopted by the UN General Assembly in December 1990. This is also the position of other Member States of the European Union.

This Convention is a complex and wide ranging one, which has been examined by a number of Government Departments. I understand that before Ireland could consider ratifying it there would need to be significant changes across a wide range of existing legislation, including employment, social welfare, education, taxation and electoral law. Moreover, many of the issues addressed by the Convention would have a European Union dimension. This would also complicate any proposed ratification by Ireland of it, if our European partners were to continue to refrain from ratification, as they seem likely to do. I would however say that I am fully committed to the prevention of exploitation of migrant workers and to ensuring that all workers benefit from the full range of our employment rights protections.

In this respect I would point out that this range of protections has been added to by the Employment Permits Act 2006. The Act provides a number of new important protections for migrant workers including:

the granting of the employment permit to the employee, rather than the employer.

the employment permit containing a statement of the rights and entitlements of the migrant worker, including that the employee may change employment through the application for another permit by a new employer.

provision prohibiting employers from retaining the personal documents of employees, including passports, driving licenses or identity cards, as well as a provision preventing employers from deducting recruitment expenses, including employment permit fees, from the remuneration of employees.

provision to ensure that migrant workers in respect of whom application is made for an employment permit are entitled to the national minimum wage under the National Minimum Wage Act 2000 (as periodically up-dated).

It might be noted that Ireland's extensive range of employment rights legislation is applicable equally to nationals and non-nationals alike, without differentiation as to country of origin.

In addition, I would also stress that the provisions of the new Social Partnership agreement "Towards 2016" contain a new employment rights compliance package for all workers, which includes new legislation as well as the establishment of a new office for employment rights compliance — the National Employment Rights Authority has already been established on an interim basis.

Consumer Protection.

Eamon Gilmore

Ceist:

132 Deputy Eamon Gilmore asked the Minister for Enterprise, Trade and Employment the reason, in transposing the EC Unit Prices Directive (98/6/EC) into Irish law, the Government did not voluntarily extend its provisions to cover services as several other EU Member States have done according to the European Commission, thereby allowing it to cover services such as air fares. [19400/07]

Directive 98/6/EC on consumer protection in the indication of prices of products offered to consumers was transposed into Irish law by way of the European Communities (Requirements to Indicate Product Prices) Regulations 2002 (Statutory Instrument No. 639 of 2002). The aim of the Directive is to ensure that consumers have unambiguous indications as to the price of products. This is done by requiring traders to show the final selling price and the unit price of products. The final selling price is defined as the final price inclusive of VAT and all other taxes. The unit price is the price per kilo or litre (or square or cubic kilo or litre as appropriate). The Directive is enforced by the National Consumer Agency.

The Directive does not apply to services. Though the requirement to indicate the selling and unit price of products is of general application, article 3(2) of the Directive allows member states to derogate from this obligation in the case, among other things, of products supplied in the course of a service. According to a study undertaken for the European Commission, ten of the then fifteen member states, including Ireland, opted to avail of this derogation.

As the Directive is a minimum harmonisation measure, member states had discretion to apply the domestic legislative provisions transposing the Directive to services. According to the European Commission's Communication on the Implementation of the Directive, four of the fifteen member states at the time of the adoption of the Directive applied their transposition measures to services as have eight of the member states that have joined the European Union since 2004. There is no information available on whether such extensions applied to all services or required the indication of both the unit and the selling price.

As regards air fares, the Deputy will be aware that the Consumer Information (Advertisements for Airfares) Order 2000 (Statutory Instrument No. 468 of 2000) requires advertisements for airfares to state clearly (a) the total price payable for the airfare as one single amount and (b) where applicable, and separately, the monetary amount of any charge to be imposed in respect of the method of payment of the airfare. I propose to amend the Order to revoke the requirement relating to the separate indication of charges for payment methods in the light of the proposed commencement in October of section 48 (regarding the prohibition of surcharges where one method of payment is chosen in preference to another) and section 49 (requiring that surcharges, where otherwise permissible, must be stated as part of the price of a good or service) of the Consumer Protection Act. The Consumer Protection Act has also remedied the previous problem whereby criminal proceedings in relation to advertising orders, such as the Airfares Order, made under the Consumer Information Act 1978 could be taken only against the publisher of an advertisement and not against the person who had caused it to be published.

I am aware that a proposed European Union Regulation on Common Rules for the Operation of Air Transport Services published in July 2006 includes a provision on price transparency in air fares. The Consumer Information (Advertisements for Airfares) Order 2000 will be kept under review in the light of the progress of this provision of the proposed Regulation.

Employment Rights.

Róisín Shortall

Ceist:

133 Deputy Róisín Shortall asked the Minister for Enterprise, Trade and Employment the action his Department has taken to enforce work and pay conditions and ship maintenance conditions in respect of a ship (details supplied). [19412/07]

Irish employment rights do not apply to the employees of ships that are not registered under the Irish flag. The Minister for Enterprise, Trade and Employment therefore does not have any power to enforce Irish employment rights legislation on board these ships.

The ship to which the Deputy refers is registered in Belize. The responsibility for the safety, rates of pay and living and working conditions on board this ship rests, therefore, with the ship operator/ship owner and the flag state Belize.

The International Labour Organisation, ILO, deals with living and working conditions on board ships internationally. ILO conventions are enforced by Port State Control Officers of the Department of Transport and Marine. In undertaking this role, the Department of Transport and Marine carries out port state control on foreign flagged ships operating in and out of Ireland. I understand that the Port State Control Officers from that Department inspected this ship in New Ross on the 15th of May, 2007. Several deficiencies were noted and as these posed significant risk to the safety of the crew, the ship was detained. In accordance with international law it is now the responsibility of the flag state Belize to re-inspect the ship and to invite the Port State Control Officers of the Department of Transport and the Marine to re-inspect it when all deficiencies have been rectified.

At a national level Ireland has consistently supported the International Labour Organisation in its efforts to promote decent global labour standards for seafarers. A new consolidated Maritime Labour Convention was adopted in February 2006 at the 94th International Labour Conference in Geneva. Ireland was represented at the 94th Conference by a tripartite delegation consisting of government officials, nominees of the employers (IBEC) and of the workers (ICTU). The new Convention sets out clear principles and rights for seafarers. Ireland fully supports the new Convention and voted in favour of the proposal.

Protection of Copyright.

Jack Wall

Ceist:

134 Deputy Jack Wall asked the Minister for Enterprise, Trade and Employment if his Department has received correspondence over each of the past ten years expressing concerns in relation to protection of copyright of musical publications or records or the counterfeiting of such; and if he will make a statement on the matter. [19510/07]

Jack Wall

Ceist:

135 Deputy Jack Wall asked the Minister for Enterprise, Trade and Employment the legislation which covers copyright of musical publications and records of artists; if the stated legislation is applicable to Irish citizens who work overseas; and if he will make a statement on the matter. [19511/07]

I propose to take Questions Nos. 134 and 135 together.

The Copyright and Related Rights Act 2000 (No. 28 of 2000) provides protection to musical publishers and recording artists in respect of their productions and recordings. The levels of protection provided are fully in line with EU and wider international law in the area of copyright and related rights and are widely regarded in Ireland and worldwide as providing an effective legislative framework for the protection of the intellectual property rights of musical authors, arrangers and performers as well as those of musical sound recording producers.

In accordance with the normal principles of law applying between nations, Irish copyright law does not apply directly to the works of Irish citizens outside the jurisdiction. However, where copyright in musical compositions and arrangements is concerned, Irish authors of such works are entitled, under the terms of our membership of the Berne Convention for the Protection of Literary and Artistic Works and of the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs), to the protection of other countries copyright laws at a comparable high standard on a reciprocal basis (basis of national treatment) where those other countries are members of that Convention and of the World Trade Organisation. In practice, this means that a high level of protection such as that available here in Ireland should equally be available to Irish composers and arrangers in most foreign jurisdictions.

As regards record producers and performers, the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 1961- generally called the Rome Convention — and the World Intellectual Property Organisation WIPO Performances and Phonograms Treaty of 1996, set comparably high standards for similarly reciprocal protections for Irish citizens and companies in the majority of countries which now meet these standards.

My Department and I receive regular correspondence relating to various issues including music copyright protection matters. This would include expressions of concern related to counterfeiting and to the damage that results from copyright theft in fields like music, film and software in Ireland and internationally. I regard counterfeiting and piracy of music and other works as being serious offences to be actively prosecuted when detected. I am however broadly satisfied in this context that our legislation — and the Copyright and Related Rights Act 2000, in particular, provides wide-ranging powers to facilitate doing so in an effective way within Ireland, that our EU partners have similar laws in place in their countries and that, in our dealings with the wider world, we encourage and support tougher legislation and its enforcement in protecting intellectual property where and when that is needed.

Scale Verification.

P. J. Sheehan

Ceist:

136 Deputy P. J. Sheehan asked the Minister for Enterprise, Trade and Employment if he will address the concerns of a person (details supplied) in relation to the costs involved in scale verification; and if he will make a statement on the matter. [19645/07]

Weighing equipment used for trade is subject to control by the Legal Metrology Service (LMS) in accordance with the Metrology Acts 1980 to 1998. The regime of control includes approval of new designs of weighing equipment, verification of instruments of an approved design upon installation and following repair or recalibration, and inspection over the life of the instruments.

The maintenance of weighing equipment is carried out on a commercial basis by private companies and not by the LMS. However, as stated above, the LMS are required under their legislation to verify the equipment after repair or recalibration; there is a charge for this service. It is an offence to use an unverified measuring instrument for trade and it is the responsibility of the trader to ensure legal compliance.

There is a presumption that measuring instruments used by a trader are for trade use unless they prove otherwise. In this specific case, following further investigation and discussion with the LMS, a number of instruments verified were subsequently deemed as not subject to verification since they were used in product preparation rather than for trade. The charge made in respect of the verification of these instruments was cancelled and the company was advised accordingly by letter of 29 June.

I might add that every instrument used in trade must be inspected at intervals by a Legal Metrology Service Inspector to confirm that it continues to comply with legal requirements. As a key enforcement function LMS Inspectors are granted powers of entry to conduct inspections at traders premises under Section 10 of the Metrology Act 1996. However, I would stress that no charge is made for these inspections.

Decentralisation Programme.

Róisín Shortall

Ceist:

137 Deputy Róisín Shortall asked the Minister for Enterprise, Trade and Employment the number of posts decentralised to date as part of his Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from his Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts. [19653/07]

My Department has been making good progress in the relocation of the required 250 posts to Carlow under the Government's Decentralisation Programme. Officials of my Department, in consultation with the Department of Finance and the OPW, as well as decentralising staff and Business Units, are finalising arrangements for an advance move to Carlow ahead of the substantive move scheduled for 2009. Approximately 100 staff, i.e. 63 staff from the National Employment Rights Authority (NERA), 33 staff from a division within the Companies Registration Office (CRO), along with a small number of support staff, are scheduled to decentralise with effect from Monday 30th July 2007, on a voluntary basis. The posts in NERA and the CRO mentioned above are part of the Department's current staffing level and there will be no loss or gain in terms of overall post numbers as a result of decentralisation to Carlow.

Sports Capital Programme.

John Perry

Ceist:

138 Deputy John Perry asked the Minister for Arts, Sport and Tourism if he will grant an extension of time on the draw down of funding to a group (details supplied) to allow the committee to have the local contribution on money in place and to obtain costing of sports equipment; and if he will make a statement on the matter. [19579/07]

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 group in question were provisionally allocated €9,000 for sports equipment under the 2006 Sports Capital Programme. No drawdown of this grant has taken place to date and, in this context, the Department have recently written to the group asking for an update as to the progress of the project.

The group were also reminded of the terms and conditions attaching to the provisional grant offer in particular, the ‘sunset clause' provision. Under that provision, it is the responsibility of the grantee to ensure that the project commences and that the Department is informed of the status of the project within six months of the date of provisional grant allocation and that a substantial amount of work is completed within twelve months. Those provisionally allocated grants under the 2006 programme were asked to achieve this by 30 September 2007. Failure to do so may result in the grant being withdrawn by the Department after that date.

I would advise the group concerned to respond to the request of the Department to provide a written update with regard to any delay in their project and, in this context, to make a case for an extension of the deadline if necessary.

Tourism Industry.

Jimmy Deenihan

Ceist:

139 Deputy Jimmy Deenihan asked the Minister for Arts, Sport and Tourism the measures he proposes to take to restore the competitiveness of tourism here during this term; and if he will make a statement on the matter. [19557/07]

One test of competitiveness is whether we can maintain and increase market share. Certainly, on the basis of our record-breaking performance in 2006, we are doing that. That record run has continued into 2007. For the first quarter of 2007, reports from the Central Statistics Office show that visitor numbers are up by over 6% on the corresponding period in 2006 while the associated revenue is up by almost12%. Both of these figures are ahead of industry targets for the year.

These positive developments should not deflect us from the immense challenges facing us in the marketplace. Maintaining and enhancing competitiveness is a major issue for Ireland as a whole and tourism in particular.

In dealing with that issue, it is important to bear in mind that competitiveness is about more than price movements and costs. It encompasses a wide range of factors. These include productivity, exchange rate movements, taxation policy, education training and skills, public and private infrastructure and innovation. In particular, productivity means the effective use of resources and innovation to increase the value-added content of products and services.

The question of competitiveness in tourism, like any other productive sector, must be seen in that broader light. In terms of the more efficient use of resources and energy costs, I believe that the Tourism sector will, like many other sectors, have to increasingly adopt sustainable solutions.

I believe that the Irish industry is, by and large, aware of the challenge. People on the ground in the tourism industry know how fiercely competitive the market is. They know that it is essential to provide value for money. Ireland is not promoted or sold as a ‘cheap destination' but our selling proposition has to be competitive; by that I mean the combination of price, product quality and service quality. There will be less and less place for poor product and poor service.

The Tourism Agencies continue to monitor Ireland's competitiveness as a tourism destination and I will encourage them to assist the industry in responding to changing conditions through a variety of programmes in marketing, human resource development, quality enhancement, product development and productivity.

Tourism is just one part, albeit a significant part, of the overall economy. There is a competitiveness challenge for the economy as a whole and that challenge will be addressed by the Government's wider competitiveness agenda.

Arts Council.

Jack Wall

Ceist:

140 Deputy Jack Wall asked the Minister for Arts, Sport and Tourism the position of the pieces of art purchased under the Art Council partnership scheme for the period 1973 to date in 2007; the number of pieces purchased; the purchaser of such pieces; the value of the pieces at purchase; the estimated value at todays prices; the location of such pieces at present; and if he will make a statement on the matter. [19508/07]

Jack Wall

Ceist:

141 Deputy Jack Wall asked the Minister for Arts, Sport and Tourism the position of the identification of all art pieces purchased under the Art Council partnership scheme for the period 1959 to 1973; the number of pieces purchased under the scheme; the purchasers of such pieces under the scheme; the location at present of the pieces identified and the location for their period under the scheme; and if he will make a statement on the matter. [19509/07]

I propose to take Questions Nos. 140 and 141 together.

All of the information sought by the Deputy is not currently available, other than for the Great Southern Hotels collection, which was returned to the State last year. Last April my Department requested the Arts Council to carry out an audit of purchases made under the Joint Purchase Scheme. The Council estimate that the audit will take three years to complete. My Department has requested interim reports on the progress of the audit from the Council.

Decentralisation Programme.

Róisín Shortall

Ceist:

142 Deputy Róisín Shortall asked the Minister for Arts, Sport and Tourism the number of posts decentralised to date as part of his Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from his Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts. [19648/07]

The number of posts decentralised by my Department, under the Government's Decentralisation Programme, is 49 to date. The location of these posts is in the temporary accommodation secured for my Department in Fossa, Killarney.

The number of posts in my Department in Dublin has been reduced by a corresponding number and there has been no material effect on my Department's overall number of staff, which remains within the core numbers as sanctioned by the Department of Finance.

On completion of the permanent accommodation in the autumn of next year, it is intended that the entire Department relocate to Killarney and that there will be no net loss or net gain of staff numbers in my Department.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

143 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if back to school allowance is payable to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19685/07]

The Back to School Clothing and Footwear Allowance (BSCFA) Scheme is administered on behalf of my Department by the Community Welfare division of the Health Service Executive (HSE). Applications for the allowance may be made between the beginning of June and the end of September each year. A person may qualify for payment of a back to school clothing and footwear allowance if he or she is in receipt of a social welfare or health service executive payment, is participating in an approved employment scheme or attending a recognised education or training course, and has household income at or below certain specified levels.

The Dublin/ Mid Leinster Area of the Executive have advised that it has no record of an application for BSCFA from the person concerned. If she wishes to apply, she should contact the Community Welfare Officer at her local health centre as soon as possible to enable her entitlement to an allowance to be determined.

Dan Neville

Ceist:

144 Deputy Dan Neville asked the Minister for Social and Family Affairs the criteria used to evaluate persons in order to qualify for the back to education allowance. [19374/07]

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. It 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. It essentially replaces their existing social welfare income and in addition an annual €400 cost of education allowance is payable.

To qualify for participation an applicant must, inter alia, be in receipt of a relevant social welfare payment and must be at least 21 years of age prior to commencing an approved course of study. People in receipt of disability related payments may access the scheme at 18 years of age. Similarly, lone parents and people in receipt of unemployment payments can qualify at 18 years of age provided they are out of formal education for at least 2 years. An applicant must also be in receipt of a relevant social welfare payment for at least six months, in the case of a person wishing to complete a second level course, or twelve months in the case of a person wishing to pursue a third level qualification. The twelve month requirement is reduced to nine in the case of people who wish to attend a third level course and who are participating in the National Employment Action plan.

The current scheme is in place since January 1998 and has been subject to review and modification over the years to ensure it continues to support those people who are most distant from the labour market and whose need is greatest. In Budget 2007 the scheme was extended so 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. The qualifying period for illness benefit recipients was also reduced 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.

Jack Wall

Ceist:

145 Deputy Jack Wall asked the Minister for Social and Family Affairs the status of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19380/07]

The person concerned applied for supplementary welfare allowance (SWA) in June 2007. The scheme is administered on my behalf by the Community Welfare division of the Health Service Executive (HSE).

Apart from a number of excluded categories, anyone in the State who satisfies a means test, has applied for any other benefit or allowances to which they maybe entitled, has registered for work with FÁS if they are of working age and satisfies a habitual residency test may qualify for basic SWA. Under the legislation a number of categories are specifically excluded from receiving assistance. These are people in full-time work, people in full-time education and people involved in trade disputes.

The Dublin/Mid-Leinster Area of the HSE has advised that the person concerned applied for SWA in June 2007 at which time he was requested to provide further information about his place(s) of residence and his source(s) of income, for the period of residence in the State. This information was required in order to undertake an assessment of his entitlement to basic SWA. The person concerned was refused basic SWA as he failed to provide credible evidence that he satisfied the habitual residence condition and also because he was unable to provide evidence of his source(s) of income.

The person concerned was informed of his right to appeal the decision to the designated appeals officer of the Executive. To date the Executive have not received an appeal.

Pension Provisions.

John Cregan

Ceist:

146 Deputy John Cregan asked the Minister for Social and Family Affairs if he will clarify the situation in relation to coordination or incoordination of occupational pensions; the reason this legislation was passed; the basis or origin of same; the further reason employers are allowed to reduce or take away part of State old age pensions that employers have paid for (details supplied); and if he will make a statement on the matter. [19453/07]

An integrated occupational pension scheme is one where the pension payable, or the design of the benefit promise made, takes into account the state pension (contributory), or other similar contributory benefits payable by the State. In the public sector, these schemes are usually referred to as "coordinated" schemes.

Integrating occupational and social welfare pensions is a common practice and most defined benefit or final salary schemes are structured in this way. The practise is not generally subject to legislation but derives from the rules of individual pension schemes, though in the case of some public sector schemes it may be included in the statute under which the scheme operates.

Defined benefit pension schemes are becoming increasingly expensive to provide. By operating integration, an employer may be able to provide an employee on retirement with an earnings-related pension which might otherwise not be possible. Most members of a private defined benefit occupational pension scheme will qualify for the state pension to which the employee and the employer have contributed.

The most common method of operating an integrated scheme is by what is known as "salary offset". This means that the employer will regard the social welfare pension as providing pension rights in relation to part of the salary. This is not an unreasonable position given that both employers and employees contribute towards the social welfare pension. Notional adjustments are made to salary that take account of this to arrive at the "pensionable salary," on which both employer and employee contributions to the occupational schemes are based.

The manner in which integration operates can vary and depends on the rules of individual schemes. However, in a typical private sector scheme guaranteeing a total pension of two thirds of final income, salary is reduced by 1.5 times the social welfare payment to arrive at "pensionable salary". When the pension is paid the combination of the occupational scheme and the social welfare payment will provide the overall target of two thirds of final salary.

It should be pointed out that under the Pensions Act 1990, integration may only take place at the point when a pension is first paid. Legislation does not permit reductions to be made to occupational pensions in payment to take account of subsequent increases in the social welfare pension. The legislation also provides for a minimum level of benefit to be paid from an occupational scheme based on the total contributions made by the employee to that scheme.

Occupational pension schemes are voluntary in nature. In designing schemes a balance has to be struck between the expectations of scheme members and the costs which employers are prepared to bear. The increasing cost of defined benefit schemes is already a deterrent to many employers and in these circumstances it would be difficult to countenance any measures which would add to these costs and the pressures which already exist in the defined benefit pensions area.

The Pensions Board published ‘A Brief Guide to Integration' in booklet form which provides guidance on the integration of occupational pension schemes. This is available free of charge from the Board and on its website www.pensionsboard.ie.

Social Welfare Benefits.

John Cregan

Ceist:

147 Deputy John Cregan asked the Minister for Social and Family Affairs the situation in relation to a person (details supplied) in Dublin 11; and the reason financial assistance has been withdrawn. [19518/07]

The back to education allowance (BTEA) facilitates people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force. The scheme enables qualified people who have been getting a social welfare payment to continue to receive a payment while pursuing an approved full-time education course. The scheme also provides an annual cost of education grant of €400.

To qualify for participation an applicant must, inter alia, be in receipt of a relevant social welfare payment and must be at least 21 years of age prior to commencing an approved course of study. People in receipt of disability related payments may access the scheme at 18 years of age. Similarly, lone parents and people in receipt of unemployment payments can qualify at 18 years of age provided they are out of formal education for at least 2 years.

The person concerned was refused for a weekly back to education payment as she was not in receipt of a relevant social welfare payment immediately prior to commencing an approved course of study. Prior to approval for BTEA, she was signing for credits but was not entitled to or receiving a payment. In circumstances where an applicant for BTEA is not in receipt of a payment but is only signing for credited contributions they will not receive a weekly payment.

In the course of preparing this reply, my Department contacted the person in question. As she provided additional information indicating that her circumstances had changed, her claim will now be reviewed and my Department will make further contact with her as soon as possible.

John Cregan

Ceist:

148 Deputy John Cregan asked the Minister for Social and Family Affairs the social welfare increases over the past 10 years; if data of fact and comparison can be outlined. [19532/07]

The following tables detail the increases in the weekly personal and qualified adult rates of social welfare payment across a range of social welfare schemes over the past ten years:

Table 1: Long-Term Jobseeker's Allowance & Jobseeker's Benefit — Increases in personal and qualified adult rates of payment 1998-2007

Long-Term Jobseeker’s Allowance & Jobseeker’s Benefit Personal Rate

Weekly Increase

Long-Term Jobseeker’s Allowance & Jobseeker’s Benefit Qualified Adult Rate

Weekly Increase

2007

185.80

20.00

123.30

13.30

2006

165.80

17.00

110.00

11.30

2005

148.80

14.00

98.70

9.30

2004

134.80

10.00

89.40

6.60

2003

124.80

6.00

82.80

4.00

2002

118.80

10.24

78.80

10.23

2001

108.56

10.16

68.57

8.89

2000

98.40

5.07

59.68

4.83

1999

93.33

6.81

54.85

2.54

1998

89.52

3.81

52.31

1.52

Jobseeker's Allowance and Jobseeker's Benefit replaced Unemployment Assistance and Unemployment Benefit, respectively, in 2006.

Table 2: State Pension (Non-Contributory) — Increases in personal and qualified adult rates of payment 1998-2007

State Pension (Non-Contributory) Personal Rate

Weekly Increase

State Pension (Non-Contributory) Qualified Adult Rate

Weekly Increase

2007

200.00

18.00

132.20

11.90

2006

182.00

16.00

120.30

10.60

2005

166.00

12.00

109.70

7.90

2004

154.00

10.00

101.80

6.60

2003

144.00

10.00

95.20

6.70

2002

134.00

12.74

88.50

11.43

2001

121.26

12.70

77.07

11.42

2000

108.56

8.89

65.65

9.53

1999

99.67

7.61

56.12

3.81

1998

92.06

6.35

52.31

1.52

The State Pension Non-Contributory replaced the Old Age Pension in 2006.

Table 3: State Pension (Contributory) — Increases in personal and qualified adult rates of payment 1998-2007

State Pension (Contributory) Personal Rate

Weekly Increase

State Pension (Contributory) Qualified Adult (Aged 66 or Over) Rate

Weekly Increase

2007

209.30

16.00

173.00

23.70

2006

193.30

14.00

149.30

10.80

2005

179.30

12.00

138.50

9.30

2004

167.30

10.00

129.20

7.70

2003

157.30

10.00

121.50

7.70

2002

147.30

12.71

113.80

12.10

2001

134.59

12.70

101.70

19.67

2000

121.89

8.88

82.03

5.97

1999

113.01

7.62

76.06

3.81

1998

105.39

6.35

72.25

1.94

The State Pension Contributory replaced the Old Age Contributory Pension in 2006.

Michael Ring

Ceist:

149 Deputy Michael Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo will not be approved jobseekers benefit in view of the fact that their employment has ceased for the summer months. [19615/07]

There is no record in the Department of a current jobseeker's allowance or benefit claim from the person concerned. An application form has been issued to him.

Tax and Social Welfare Codes.

P. J. Sheehan

Ceist:

150 Deputy P. J. Sheehan asked the Minister for Social and Family Affairs if he will restore the registration process for PPS numbers in the local social welfare office in Castletownbere in view of the concerns of local employers; and if he will make a statement on the matter. [19625/07]

The majority of Irish citizens now have a PPS number and since the modernisation of civil registration in 2003, all children born in the Republic of Ireland are automatically issued with a PPS number following the registration of the birth.

Foreign nationals coming to live and work in Ireland are allocated PPS numbers on application to the Department through the network of Local and Branch Offices. When applying for a PPS number, customers are asked to complete an application form and to provide documentation to establish their identity and address. They are usually informed of their PPS number by post within ten days.

The PPS number is a main personal identifier and the key to access a broad range of government services. My Department has, for some time, encountered attempted abuses of PPS registration process. Forged or altered documentation has been presented in support of PPS number applications and, where these are detected, they are referred to the Gardaí for action. In addition, the investigative staff of my Department are engaged in a range of control activities to combat identity fraud.

In order to combat fraudulent activity of this nature, the number of outlets for the allocation of PPS numbers is being reduced to one centralised location per County. The only exceptions are Tipperary and Cork, which will have two locations. As a result of this, customers in the Castletownbere area will be required to travel to Bantry and not to Cork city which would otherwise have been the case.

Social Welfare Benefits.

Róisín Shortall

Ceist:

151 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the reason the rate for living alone allowance has not increased for several years; and his plans to increase same. [19631/07]

The living alone increase is an additional payment of €7.70 per week made to people aged 66 years or over who are in receipt of certain social welfare payments and who are living alone. It is also available to people who are under 66 years of age who are living alone and who receive payments under one of a number of invalidity type schemes. The increase is intended as a contribution towards the additional costs people face when they live alone. The policy in relation to support for pensioners has been, for many years, to give priority to increasing the personal rates of pension rather than supplements like the living alone increase. The objective is to use resources to improve the position of all pensioners to the fullest extent possible rather than focusing on particular groups. This approach was continued in Budget 2007 with increases of up to €16 and €18 per week granted on personal rates. The policy is subject to review and I will consider the position in the context of the next budget.

Róisín Shortall

Ceist:

152 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the support currently available to wheelchair users whose only means of transport are taxis; and if he will make a statement on the matter. [19638/07]

My Department is responsible for developing specific social welfare schemes for people with disabilities to ensure that they have an adequate, secure and sustainable income and related supports so as to ensure their full participation in society. This is achieved principally through the contribution based Illness Benefit and Invalidity Pension, and the non-contributory Disability Allowance. A range of secondary benefits, such as the Free Travel Pass for those on Invalidity pension or Disability Allowance, are also provided while the Supplementary Welfare Allowance provides a means-tested safety net payment.

Access to transport is an important prerequisite for people with disabilities in participating more fully in society in general and a number of Government Departments have responsibility for transport issues. For example, the Department of Transport is responsible for issues in relation to accessibility while, as indicated above, my Department is responsible for the Free Travel Pass. In addition, the Supplementary Welfare Allowance could be used, at the discretion of the Community Welfare Officer and on the basis of an ‘exceptional needs payment', to assist with the cost of taxis on a once-off basis in exceptional circumstances. However, in relation to specific non-public transport costs for people with disabilities, the Health Services Executive, under the Department of Health and Children, currently administers the Mobility Allowance, which is a means-tested payment aimed at providing financial assistance towards transport costs including taxi costs.

Decentralisation Programme.

Róisín Shortall

Ceist:

153 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the number of posts decentralised to date as part of his Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from his Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts. [19659/07]

To date, under the Government's programme of decentralisation, 128 posts have relocated from the Department's Dublin offices. 66 posts have decentralised to Sligo and 62 posts to Carrick-on-Shannon.

All 128 posts have relocated from Dublin with their respective business units to either Sligo or Carrick-on-Shannon, thus decreasing the number of posts in the Department's Dublin offices by 128. There is no overall net loss or gain in the number of posts in the Department as a result of these posts decentralising.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

154 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if once off or exceptional needs payment in payable in the case of a person (details supplied) in County Kildare. [19687/07]

Under the supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive, an exceptional needs payment (ENP) 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. Eligible people would normally be in receipt of a social welfare or health service executive payment.

The Dublin / Mid-Leinster Area of the Executive have advised that the person concerned called to the local Community Welfare Office (CWO) of the Executive in early June 2007. The person concerned discussed the possibility of obtaining exceptional needs funding for household items. The CWO advised the person concerned that he had already received two exceptional needs payments in June 2006 for household equipment and furnishing provisions when he moved to his present accommodation and had been subsequently refused further funding for similar items in September 2006. He was further advised that if he considered that he maybe entitled to additional support, he should make a formal application for an ENP.

To date the Executive have not received an application.

Decentralisation Programme.

Róisín Shortall

Ceist:

155 Deputy Róisín Shortall asked the Minister for Community, Rural and Gaeltacht Affairs the number of posts decentralised to date as part of his Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from his Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts. [19650/07]

To date, 71 posts have been relocated, as part of an interim move, to Tubbercurry, Co. Sligo and a further 11 to Na Forbacha, Galway. The number of posts in Dublin has effectively been reduced by a corresponding number and there has been no material effect on the overall number of posts in the Department.

Harbours and Piers.

Pat Breen

Ceist:

156 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food if funding will be provided for the extension of Doonbeg pier in County Clare; when this project will commence; and if she will make a statement on the matter. [19465/07]

The provision of funding for an extension of Doonbeg Pier in County Clare is currently a matter for the Department of Energy, Communications and Natural Resources. Future responsibilities will be determined in the Transfer of Ministerial Functions Order.

Proposed Legislation.

Thomas P. Broughan

Ceist:

157 Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food if she will bring forward the long promised Foreshore Bill; and if she will make a statement on the matter. [19665/07]

The responsibility for foreshore licensing is a matter for the Minister for Communications, Energy and Natural Resources pending finalisation of necessary transfer of functions orders.

Rural Development Programme.

Jimmy Deenihan

Ceist:

158 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when the draft rural development programme will be approved by the Commission; and if she will make a statement on the matter. [19385/07]

I am actively pursuing approval by the European Commission of the Rural Development Programme and this process is at an advanced stage. While the internal process in the Commission is somewhat complex I hope that they will be in a position to approve the Programme shortly. I have emphasised the urgency of this matter in contacts with the Commission on a number of occasions.

Fisheries Protection.

Eamon Gilmore

Ceist:

159 Deputy Eamon Gilmore asked the Minister for Agriculture, Fisheries and Food the progress that has been made on compensation for fishermen, in view of the economic hardship for offshore islanders, arising from the ban on salmon fishing; if she is planning to make special concessions or provide a higher level of compensation for island fishermen; and if she will make a statement on the matter. [19419/07]

Responsibility for inland fisheries and the salmon hardship scheme rests with the Minister for Communications, Energy and Natural Resources and I have no function in the matter.

Farm Waste Management.

Denis Naughten

Ceist:

160 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when an application for a person (details supplied) in County Roscommon under the FWM grant will be approved (details supplied); and if she will make a statement on the matter. [19438/07]

A completed application under the Farm Waste Management Scheme was received from the person concerned on 26 June 2007. The application is currently being processed and my Department will be in contact with the applicant shortly.

Denis Naughten

Ceist:

161 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the plans she has to revise the standard costings for the farm waste management grant in view of the dramatic increase in the cost of materials and labour; if she will ensure that applicants are informed of the value of the grant when they receive formal approval; and if she will make a statement on the matter. [19537/07]

Revised Standard Costings which are used to calculate grants under the Farm Waste Management Scheme were introduced by my Department on 9 March 2007 and are applicable to all letters of approval to commence work under the Farm Waste Management Scheme issued by my Department since 1 January 2007.

The Standard Costings are now available on my Department's web-site. Farmers, together with their advisers, are therefore in a position to determine the level of grant likely to be available for proposed works.

Meat Plants.

Denis Naughten

Ceist:

162 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the steps she will take to ensure that farmers have a clear and unimpeded view for the scales in meat plants; and if she will make a statement on the matter. [19544/07]

Officials of my Department carry out regular inspections of meat plants to ensure that weighing equipment is checked and that weighing procedures are being correctly carried out in a consistent manner. In some meat plants, farmers have a clear view of the scales readout where the plant has installed a special viewing area specifically for this purpose. In other cases, it might not be practical for the meat plant to install a viewing area because of plant design. In such cases it would be a matter for the plant to decide, taking account of hygiene and health and safety concerns, whether a farmer would be permitted access to the scales area during processing of his or her animals.

Sugar Beet Industry.

Denis Naughten

Ceist:

163 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the status of the compensation package for sugar beet growers; when interim payments under all categories of compensation will be granted; when such payments will be completed; the steps she is taking to develop an alternative crop for growers; and if she will make a statement on the matter. [19545/07]

The compensation package negotiated in the context of the reform of the EU sugar regime comprises three elements worth in excess of €310m to Ireland.

The first element is the sugar beet compensation that has already been incorporated into the Single Payment Scheme since last year. It is worth approximately €123 million to Irish beet growers over seven years. The second element is the EU restructuring aid for the sugar industry, which arises following the renunciation of the sugar quota and the closure of the Mallow sugar factory. In Ireland's case, the restructuring aid is worth €145m approx. The EU Regulations provide for payment of the first instalment of aid (40%) in June 2007 and the balance in February 2008. Pending the conclusion of the legal proceedings over the Government decision of July 2006 on the allocation of the restructuring aid, arrangements were made to allow payment of the June instalment to commence last week. This includes payment of €14.5m to the growers and machinery contractors, representing an undisputed 10% of the total amount.

The third element of the compensation package is the diversification aid, worth almost €44m in Ireland's case. A national restructuring programme was submitted to the EU Commission, in accordance with the EU Regulations, with a view to drawing down the diversification aid. The Regulations provide that payment of this aid would commence in September 2007.

Following the reform of the Common Agriculture Policy in 2003, farmers now have the freedom to focus on new market opportunities including the area of purpose grown energy crops for use as a renewable source of energy in the heat, electricity and liquid biofuels markets. The market for energy crops is developing in response to the need to develop alternative renewable sources of energy. I am making €14 million available over the next three years to encourage farmers to grow energy crops. €6 million is being provided for a new national payment of €80 per hectare, which will be paid as a top-up to the €45 EU premium available under the EU Energy Crops Scheme. A further €8 million is being made available for a new Bioenergy Scheme to encourage farmers to grow miscanthus and willow for use in the production of heat and electricity. The Scheme provides farmers with establishment grants of up to 50% of the costs of establishment, subject to a maximum grant of €1,450 per hectare. I am confident that these measures will encourage farmers to consider energy crops as an alternative land use option.

Agricultural Schemes.

Denis Naughten

Ceist:

164 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when the new farm retirement and installation aid schemes will be made available to eligible applicants; and if she will make a statement on the matter. [19548/07]

The two schemes referred to were introduced on 13 June 2007. Details of the schemes and the accompanying application forms are available on my Department's website.

Denis Naughten

Ceist:

165 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when the new suckler cow scheme and sheep development scheme will be made available to eligible applicants; and if she will make a statement on the matter. [19549/07]

Proposals for an Animal Welfare, Recording and Breeding Scheme for Suckler Herds were originally submitted to the European Commission in December 2006 as part of the draft Rural Development Programme 2007-2013. In discussions with the Commission, it requested that measures solely funded by the exchequer, such as this scheme, be removed from the programme. My Department therefore prepared an application for state aid approval separately, as required under EU rules. This is currently under consideration by the Commission. My Department is in contact with the Commission with a view to advancing this consideration as rapidly as possible.

In the case of the sheep sector, I set out in May a series of measures to assist the sector. These followed on from the work of the Sheep Industry Strategy Development Group. They included a supplementary measure under REPS and support for on-farm investment by sheep farmers. These measures form part of Ireland's Rural Development Programme, for which I hope to obtain approval shortly. Provision has also been made to assist the sector in the areas of production, breeding, quality assurance and animal health and welfare. I am confident that this comprehensive package of measures will secure the full commitment of all those involved in the sector and the result will be a more efficient, competitive and profitable sheep industry at all levels.

Grant Payments.

Willie Penrose

Ceist:

166 Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food if she will take steps to ensure that a person (details supplied) in County Westmeath is allocated an additional payment of entitlements for the 2006 single payment scheme national reserve; and if she will make a statement on the matter. [19561/07]

There were two categories in the 2006 National Reserve. One mandatory category (Category A) and one non-mandatory (Category B). Category A caters for farmers who inherited land or received land free of charge or for a nominal sum from a farmer who had retired or died by 16 May 2005 and who had leased out his/her holding to a third party during the reference period 2000 to 2002. Category B caters for farmers who commenced farming after 31 December 2002 or who commenced farming in 2002 but who received no direct payments in respect of that scheme year.

The person named submitted an application for an allocation of entitlements from the 2006 Single Payment Scheme National Reserve under Category B. However, he has been deemed ineligible under this category as he commenced farming and received direct payments prior to 31 December 2002.

The person named has submitted an appeal which does not dispute the decision made in relation to the 2006 National Reserve. However he has indicated that he made an increase in production capacity during the reference period which was a category under the 2005 National Reserve. The person named did not apply under the 2005 National Reserve. My Department will now make contact with him with a view to having an application submitted.

Olwyn Enright

Ceist:

167 Deputy Olwyn Enright asked the Minister for Agriculture, Fisheries and Food when a forestry grant will be awarded to a person (details supplied) in County Offaly; and if she will make a statement on the matter. [19592/07]

Ownership of this plantation is being transferred at present. The required legal documentation has recently been received by the Forest Service of my Department and is being processed. I hope to be in a position shortly to issue the relevant premium payment to the successor-in-title.

Olwyn Enright

Ceist:

168 Deputy Olwyn Enright asked the Minister for Agriculture, Fisheries and Food her views on a reduction in a penalty applied to the single farm payment of a person (details supplied) in County Laois in view of the fact that the spouse of the person in question, who manages the farm, was in serious poor health and unable to adequately maintain a fence; and if she will make a statement on the matter. [19593/07]

The position is that an application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 4th April 2006. As part of the control procedures, the application was selected for a Ground Eligibility/Cross Compliance Inspection. The inspection was undertaken on the 21st August 2006. During the course of the inspection the inspecting officer concluded that a parcel included on the application form submitted, was not being farmed by the applicant. As a result of this finding the claimed area of 30.88 ha. was reduced to 23.81 ha. The person named was informed of these findings on the 13th September 2006 and of their right to have the decision reviewed.

Under EU Regulations if the total standard area found is not sufficient to support the number of entitlements held penalties will be applied as per Article 50/51/53 of Commission Regulation (EC) No. 796/2004 and as per the Terms and Conditions of the scheme. In this case the number of entitlements held by the person named is 29.99. As the difference between the area declared and the area found was more than 20%, under EU Regulations, no payment was due.

A request for a review of the decision was received from the person named on the 17th January 2007. The reviewing officer, taking into account all documents submitted, upheld the original findings and the person named was informed of this decision on the 28th May 2007. They were also informed of their right to appeal the decision. To date no appeal has been made. However if the person named wishes to appeal this decision she should do so within 3 months of the date of the review. The appeal should be submitted in writing to the Agriculture Appeals Office, Kilminchy Court, Portlaoise, Co. Laois using the standard appeal form, which is available from each Local Office.

Michael Ring

Ceist:

169 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive payment based on the entitlements previously held by their late spouse. [19613/07]

The person named applied to inherit Single Payment entitlements previously held by her late spouse. An official from my Department will be in contact with the person named with a view to resolving outstanding issues concerning the case as soon as possible.

Decentralisation Programme.

Paul Kehoe

Ceist:

170 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the position with regard to the proposed decentralisation of An Bord Bia and Bord Glas headquarters to Enniscorthy, County Wexford; the situation with regard to the timeframe for availability of proposed office space, the number of staff seeking transfers; when she anticipates decentralisation will take place; and if she will make a statement on the matter. [19639/07]

To date 26 Bord Bia staff members have indicated a willingness to relocate to Enniscorthy. Applications have been made by 47 persons from outside Bord Bia for positions in Enniscorthy under the decentralisation programme, of whom 19 are based in Dublin.

Issues relating to the transferability of staff between State Agencies and between the Civil Service, Public Service and State Agencies generally are being examined centrally by the Department of Finance who deal with general human resource and industrial relations issues arising from decentralisation. Bord Bia is not one of the organisations given early mover status under the Government's decentralisation plan and a precise timeframe has not been established.

Working in conjunction with the OPW, the Board and senior management of Bord Bia inspected a number of properties in Enniscorthy. Arising from this, one was selected as the preferred site and the matter of site acquisition and development are now being pursued by the OPW.

Róisín Shortall

Ceist:

171 Deputy Róisín Shortall asked the Minister for Agriculture, Fisheries and Food the number of posts decentralised to date as part of her Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from her Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts. [19647/07]

The Government decision on the decentralisation of my Department is that the headquarters will move to Portlaoise (involving some 600 staff); the local offices in Cork city will move to Fermoy (involving up to 100 staff); and the laboratories in Cork and Limerick will move to Macroom (again involving up to 100 staff).

My Department's Decentralisation Implementation plan provides for a phased movement to Portlaoise i.e. the transfer of functions and posts over a number of years. The 2005 and 2006 phases of Decentralisation are now complete and planning and preparation are ongoing for the remainder of 2007 and subsequent phases. To the end of June 2007 some 116 posts have moved to Portlaoise from Dublin across a range of Divisions such as Accommodation Division, Management Services Division, Meat Hygiene and Animal By-Products, Meat Policy, Milk Policy, Crop Policy, Personnel, Health and Safety, Corporate Affairs, Finance Division and Economics and Planning. Some staff from Inspectorate Divisions have also moved. In total there has been an increase of some 200 full time posts in Portlaoise since early 2004 which includes additional staff assigned to new posts in the newly introduced Single Payment Scheme (SPS).

Overall there are currently over 400 of my Department's staff in Portlaoise. Implementation Plans for Fermoy and Macroom are also in place and the recruitment process for Fermoy has begun.

International Agreements.

Aengus Ó Snodaigh

Ceist:

172 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science when the UNESCO Convention against Discrimination in Education will be ratified; and if she will make a statement on the matter. [19378/07]

"The UNESCO Convention against Discrimination in Education" was agreed in 1960. Ireland was not a member of UNESCO at that time. There are no immediate plans for Ireland to ratify the Convention. Ireland is committed in general to the principles of equality of educational opportunity contained in the Convention. For example, the Equal Status Act, 2000 prohibits, under section 7, an educational institution from discriminating in relation to, among other things, admission to an establishment or access to any course in that establishment."

Schools Building Projects.

Jimmy Deenihan

Ceist:

173 Deputy Jimmy Deenihan asked the Minister for Education and Science if her Department’s technical team has completed their assessment of the best way to progress a project (details supplied) in County Kerry; and if she will make a statement on the matter. [19384/07]

The building project for the school referred to by the Deputy was one of a number of schools I announced in 2005 to progress through architectural planning.

The long term projected enrolment has recently been reassessed for this school. As the brief for the project was subsequently increased, my Department's technical team carried out an assessment to determine how best to progress the project. It was decided that the project is a suitable candidate for an 8 Classroom Generic Repeat Design (GRD) school. The Board of Management subsequently accepted this proposal.

Officials from my Department wrote to the Board of Management in May 2007 requesting a Stage 3 submission. When the stage 3 submission is received in my Department, my Officials will arrange a meeting with the School Authorities and their Design Team in order to evaluate the documentation. It is envisaged that unless there are very exceptional circumstances involved, the meeting will be sufficient to authorise the project to progress to the next stages of architectural planning.

Progression of the project to tender and construction will be considered in the context of the multi-annual School Building and Modernisation programme.

School Staffing.

Dan Neville

Ceist:

174 Deputy Dan Neville asked the Minister for Education and Science if she will sanction the retention of resource teacher for a school (details supplied) in County Limerick. [19390/07]

I wish to advise the Deputy that Circular 0034/2007 issued from my Department in April of this year advising primary schools of the arrangements that apply to the retention of existing resource teaching posts and to the creation of additional posts for the 2007/08 school year.

Schools will be aware of the minimum requirements for retention of resource teaching posts. In such cases, schools must complete and return Form LSRT 1 that issued with the circular. A separate form is required for each post.

I can confirm that my Department has received correspondence, together with the relevant forms, from the school in question. This documentation is currently being examined and contact will be made with the school authorities shortly.

School Accommodation.

Richard Bruton

Ceist:

175 Deputy Richard Bruton asked the Minister for Education and Science the schools which are gaelscoileanna or which are multidenominational which have applications with her Department to secure long term accommodation for the school; the duration that has elapsed since the application was first made; and her views on the opinion that her Department’s policy for dealing with such cases requires an overhaul. [19399/07]

The information requested by the Deputy is not readily available. However, I can tell the Deputy that school building projects are selected for inclusion in the School Building and Modernisation Programme on the basis of priority of need using published criteria.

All applications for capital funding are assessed in accordance with these criteria which were drawn up following consultation with the education partners. Following this assessment, each application is assigned a band rating. Progress on individual projects is consistent with that band rating.

This Government is delivering on its commitment to provide modern facilities in schools and has progressively increased funding in recent years. The budget for 2007 is the first year of the rollout of the new NDP which will involve an investment of over €4.5 billion in school infrastructure over the next 7 years. This year alone over €540 million will be spent on school buildings. This will deliver over 1,500 large-scale and smaller scale projects. This, by any standards, is an enormous capital programme.

The availability of multi-annual funding will enable the Department to continue to take a proactive, structured approach to the provision of modern school accommodation.

Second Level Charges.

Jack Wall

Ceist:

176 Deputy Jack Wall asked the Minister for Education and Science if her Department or its agencies have funding available for families that find it difficult to meet the financial contributions of transition year; and if she will make a statement on the matter. [19405/07]

Jack Wall

Ceist:

177 Deputy Jack Wall asked the Minister for Education and Science her plans to fund activities for children in transition year in view of the cost of funding activities; if her Department has facilities or personnel to deal with such matters; and if she will make a statement on the matter. [19407/07]

I propose to take Questions Nos. 176 and 177 together.

It is a fundamental principle of the Free Post-Primary Education Scheme that no charge is made in respect of:

instruction in any subject of my Department's programme for Secondary Schools;

recreation or study facilities where all the pupils are expected to avail themselves of these as part of the school programme;

any other activities in which all pupils are required to take part.

Voluntary contributions by parents or charges for optional extras over and above what is provided for in the general school programme are permissible under the scheme, provided it is made absolutely clear to parents that there is no question of compulsion to pay, and, that in making a contribution, they are doing so of their own volition.

The Transition Year Programme (TYP) is part of the revised Senior Cycle structure and over 600 schools are now providing the programme. My Department provides a special per capita grant to schools in the free education scheme offering TYP. This is in respect of additional teaching hours required to allow for co-ordination and planning and for any other expenses related exclusively to the TYP.

I understand that schools are sensitive to the costs associated with TYP and seek to take account of the capacity of students and their families to meet the costs involved.

I am pleased to inform the Deputy that I recently announced that the TYP grant is to be increased from €63.49 to €100 per pupil with effect from the 1st September 2007.

Educational Projects.

David Stanton

Ceist:

178 Deputy David Stanton asked the Minister for Education and Science further to Parliamentary Question No. 380 of 7 June 2006 the person who has been appointed as chief executive officer for a centre (details supplied) in County Armagh; the amount of money that has been expended by her Department to date on this project; when she expects the centre to be fully operational; if the centre will be accountable, in any way, to the Houses of the Oireachtas or to her; if so, the way this accountability will operate in practice; and if she will make a statement on the matter. [19411/07]

I am pleased to inform the Deputy that my Department and the Department of Education in Northern Ireland are jointly engaged in the development of the Middletown Centre for Autism in Co. Armagh. Both Departments have jointly funded the purchase of the former St. Joseph's Adolescent Centre, Middletown and plan to refurbish the property to meet the needs of a Centre of Excellence for children and young people with autism throughout the island of Ireland. The Centre will be dedicated to improving and enriching the educational opportunities of children and young people with Autistic Spectrum Disorders. It will be multi-disciplinary and operate in support of local services across Ireland North and South.

Four key services will be provided by the Centre:

a learning support service (on a residential basis),

an educational assessment service,

a training and advisory service, and

an autism research and information service.

Both Departments have set up an Operating Company (Middletown Centre for Autism Limited MCAL) which is governed by a Memorandum and Articles of Association. A Board of Directors has been appointed to manage the Centre.

Mr Gary Cooper has been appointed as Chief Executive Officer and is responsible for the overall day-to-day management of the Centre. The CEO of the Centre is the Accounting Officer responsible for the efficient and effective administration of the centre. To date my Department has spent in the region of €2,754,352 on the project which is inclusive of the purchase price.

The departmental Accounting Officer in the Department of Education Northern Ireland and the Secretary General of my Department are accountable to their respective Assembly/ Oireachtas for the issue of any grant-in-aid/grant to the Centre. A Director of the Company or a member of its staff will if so requested, appear before, or otherwise co-operate with a Northern Ireland Assembly Committee or sub-Committee of either House or both Houses of the Oireachtas, in accordance with normal practice and relevant legislation within each jurisdiction.

It is expected that the Centre will commence limited services in 2007 with the first intake of children not expected until the building work is completed in 2008.

Teacher Training.

Pat Rabbitte

Ceist:

179 Deputy Pat Rabbitte asked the Minister for Education and Science if she will provide, in relation to the separate competition for Gaeltacht students to access places in the Colleges of Education for primary teachers, the names of the Colleges where there is a separate competition; the names of the Colleges, where there is not a separate competition; the number of places allocated to this separate competition in 2006; if these places were all taken up; if her attention has been drawn to concerns expressed by students regarding the fairness of the allocation of places at lower CAO points levels on the basis of Gaeltacht residency; her views on such concerns; if the College of Education B. Ed. degree entry requirement to have not less than a C grade in honours Leaving Certificate Gaeilge is sufficient as a recognition of the importance of the language for primary teachers, without having a separate Gaeltacht competition; and if she will make a statement on the matter. [19424/07]

Each of the five Colleges of Education operates its own competition for Gaeltacht students to access places on the Bachelor of Education for primary school teaching. The Colleges are as follows:

The Church of Ireland College of Education, Rathmines, Dublin 6

Froebel College of Education, Sion Hill, Blackrock, Co. Dublin

Coláiste Mhuire, Marino, Dublin 9

St. Patrick's College, Drumcondra, Dublin 9

Mary Immaculate College, Limerick

There are approximately 100 places allocated to this competition each year. In academic year 2006/2007 43 of these places were offered. The following table gives a breakdown of the approved allocation and the number of places offered in each college.

Given the fewer numbers of Gaeltacht applicants, points required for admission as a Gaeltacht applicant may be lower than otherwise required. However it is important to note, that Gaeltacht applicants who secure places do not necessarily have lower points than other applicants. This special entry mode for persons from the Gaeltacht is in accordance with Government policy for the support and promotion of the Gaeltachtaí and the Irish language. Provision is made for up to ten per cent of the teacher training places in the Colleges of Education to be reserved for Gaeltacht applicants. To qualify as a Gaeltacht applicant, the person must be resident in an officially-designated Gaeltacht area and it must be confirmed that the normal language of the home is Irish.

All aspects of the entry requirements to Primary Teacher Training are kept under review by my Department in consultation with the Colleges of Education.

Number of students offered a place on the B.Ed. through separate competition for Gaeltacht students in academic year 2006-2007

College

Potential no. of places available

No. of places offered

Church of Ireland College of Education

3

nil

Froebel College of Education

6

1

St. Pat’s Drumcondra

40

15

Colaiste Mhuire

10

10

Mary Immaculate College

40

17

Pupil-Teacher Ratio.

Richard Bruton

Ceist:

180 Deputy Richard Bruton asked the Minister for Education and Science the number of children in class sizes under 20, 25 to 30 and over 30 in primary schools (details supplied); and if she will provide the same information for these schools in respect of infant classes. [19427/07]

Information in relation to class size is based on the annual census of primary schools. Data processing, validation, and finalisation of the census data for the current school-year (2006/07) is nearing completion. As usual, information on class size on a county basis will be made available after the census has been finalised.

Schools Recognition.

Michael D. Higgins

Ceist:

181 Deputy Michael D. Higgins asked the Minister for Education and Science the position regarding the need of a school (details supplied) in County Galway to get permanent recognition; her views on whether this school, providing an excellent and important service, is deserving of and needs such permanent recognition; if such will be provided; and if she will make a statement on the matter. [19429/07]

An application for permanent recognition from the school referred to by the Deputy, has been received and is being considered. Amongst the factors to be considered are the long-term viability of the school, current and projected enrolments, suitability of accommodation and that the school is operating in accordance with the Rules for National Schools.

Capitation Grants.

John Cregan

Ceist:

182 Deputy John Cregan asked the Minister for Education and Science the situation in relation to capitation fees paid to secondary schools; the various categories and amounts paid; the reason some categories complain of discrimination vis a vis others. [19451/07]

The funding arrangements made by my Department for second level schools reflect the sectoral division of our second level system. At the core of all arrangements is a reliance upon capitation as the principle determinant of funding.

My Department provides funding to secondary schools by way of per capita grants, which affords schools considerable flexibility in the use of these resources to cater for the needs of their pupils.

There have been significant improvements in recent years in the level of funding for voluntary secondary schools. With effect from January 2007, the standard per capita grant was increased by €18 per pupil and now amounts to €316 per pupil. In addition, voluntary secondary schools have benefited by the increase of €30 per pupil in 2007 in the support services grant bringing that grant to €189 per pupil.

The cumulative increase of €48 per pupil in a voluntary secondary school brings the aggregate grant to over €500 per pupil. These grants are in addition to the per capita funding of up to €40,000 per school that is also provided by my Department to secondary schools towards secretarial and caretaking services. For example in the case of a secondary school with 500 pupils, this brings annual grants towards general expenses and support service to over €290,000. This represents an increase of 83% since 2000.

Budget allocations for schools in the VEC and C&C sectors are increased on a pro rata basis with increases in the per capita grant. All schools are eligible for recurrent per capita grants towards special classes and curricular support grants.

These significant increases in the funding of post primary schools are a clear demonstration of my commitment to prioritise available resources to address the needs of schools. My Department will be considering, in line with the Programme for Government commitment, how best to complete the process of equalisation of funding at second level.

Special Educational Needs.

John Cregan

Ceist:

183 Deputy John Cregan asked the Minister for Education and Science the names and locations of Acorn ABA schools in Dublin; and the locations on the northside that are being examined for further developments. [19461/07]

My Department is aware that there is an application on hand for inclusion in the ABA pilot scheme from an Acorn ABA group. However, my Department is not aware of this centre being established or its location other than the group envisages that it will be located in the Malahide area.

My Department considers that as each child with autism is unique, they should have access to a range of different approaches to meet their individual needs.

Children with autism in special classes have the benefit of fully-qualified teachers who are trained in educating and developing children generally and who have access to additional training in autism-specific approaches, including ABA, TEACCH and PECS. The level of such training available to teachers has improved dramatically in recent years and is a major priority for the Government. Children in special classes also have the option, where possible and appropriate, of full or partial integration into mainstream classes and of interaction with other pupils.

By enabling children in special autism-specific classes to have access to a range of methods, including ABA, TEACCH and PECS, my Department is reflecting advice received from international experts on autism, the National Educational Psychological Service and my Department's inspectorate. An analysis of research, including the report of the Irish task force on autism, also supports this approach, and autism societies in other countries also caution against relying on just one method. The use of ABA as part of the range of interventions is particularly useful for addressing behavioural issues. My Department therefore supports the use of ABA and training is provided for teachers in its use. However, my Department does not accept, based on research, advice and best practice, that it should be the only method used. Whereas ABA helps to improve behaviour, other methods, such as TEACCH and PECS, are just as important in developing children's communication and speech skills.

In terms of autism provision across the country, my Department will continue to work to ensure that all children can have access to a broad programme, with provision for particular methodologies as appropriate, in special classes. In excess of 200 autism-specific classes have now been approved around the country, while more are being set up all the time. There are a maximum of six children in each special class with a teacher and at least two special needs assistants. Extra assistants are provided where the children need them. An individual child can have his or her individual SNA if he or she needs one. The National Council for Special Education will continue to expand the number of such classes as necessary to meet demand.

John Cregan

Ceist:

184 Deputy John Cregan asked the Minister for Education and Science if she will clarify situation in relation to the use of resource teachers; if they are purely for use with remedial children; and if their use on gifted children is allowed. [19462/07]

Learning support resource teachers and resource teachers provide support to pupils with the lowest attainment levels and special educational needs arising from a disability. They do not provide a service to gifted children.

In general, schools at both primary and second level may use strategies such as curriculum differentiation, curriculum enrichment and acceleration to facilitate the development of pupils who are exceptionally able.

In addition, my Department provides annual funding to the Centre for Talented Youth at Dublin City University to support its work in delivering programmes, which are designed specifically for exceptionally able children of first and second level age. This year's grant is €95,000.

My Department will be considering, in line with the Programme for Government commitment, how best to further improve services for gifted children.

Grant Payments.

John Cregan

Ceist:

185 Deputy John Cregan asked the Minister for Education and Science the grants or assistance available from her Department for capital equipment and running costs for groups (details supplied) which operate after hours from school buildings and which have educational content. [19513/07]

While the Department encourages the use of School Buildings outside of school hours by local community and other groups, by nature, these groups are generally private and any arrangements between such groups and a school are a matter between the Trustees and the Board of Management. Such after school activities do not normally attract grants from the Department but the specifics in the case raised by the Deputy will be checked and the details will be sent to the Deputy when available.

Special Educational Needs.

John Cregan

Ceist:

186 Deputy John Cregan asked the Minister for Education and Science the situation regarding services available for assessment or assistance for eleven year old children with dyslexia; the waiting lists or time-scales for services to be provided and if there is financial help available. [19515/07]

The Deputy will be aware that my Department implemented a new scheme for allocating learning support / resource teachers (LS/RTs) to schools to cater for the needs of children with high-incidence special educational needs such as dyslexia or mild learning difficulties in all primary schools in September 2005. The general allocation model was constructed so that allocations would be based on pupil numbers and is designed to ensure that each school has learning support/resource teaching support available to meet the needs of children with high incidence special needs including dyslexia. The scheme reduces the need for individual applications and supporting psychological assessments. It also facilitates early intervention as the resource is in place in the school when the child enrols.

It is a matter for the individual school to use its professional judgement to identify pupils with high incidence special education and learning support needs that will receive this support and to use the resources available to the school to intervene at the appropriate level with such pupils.

My Department issued a comprehensive circular, SP ED 02/05 to schools which provides guidelines and advice on the manner in which they should use the resources that have been allocated to them to best effect.

Where a pupil's condition is of a more serious nature, provision can be made in one of the 4 special schools, or 22 special classes attached to ordinary primary schools, dedicated to the needs of children with dyslexia. All special schools and special classes for such children operate at a reduced pupil teacher ratio of 9:1 and pupils attending such facilities attract a special increased rate of capitation grant.

My Department also provides funding to schools for the purchase of specialised equipment such as computers to assist children with special educational needs, including children with dyslexia, with their education where such equipment is recommended by relevant professionals. Schools can apply to the local Special Educational Needs Organiser directly for this support.

My Department has developed an information resource pack on dyslexia in CD-Rom, DVD and video format, in association with the Department of Education in Northern Ireland. This product has been made available to all primary and post-primary schools. The DVD and video provides support for parents of pupils with dyslexia while the CD-Rom assists teachers who are teaching children with dyslexia in the mainstream classroom.

The position regarding assessments is that schools have access to psychological assessments for their pupils, either directly through the National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA) administered by NEPS. Schools that do not currently have a NEPS psychologist assigned to them may avail of the SCPA scheme. This Scheme allows the school to commission assessments from members of a panel of psychologists in private practice approved by NEPS. The fees for these assessments are paid directly by NEPS to the psychologist. Details of this process and the conditions that apply to the scheme are available on the Department's Website, www.education.gov.ie.

The Deputy may be aware that 31 additional psychologists are to be recruited to the National Educational Psychological Service (NEPS) in 2007. This will increase the total number of psychologists in NEPS by 25%, to 158. The extra 31 psychologists that will be recruited in 2007 will mean that more schools will have a direct service from NEPS.

My Department is continuing to prioritise the development of the network of special educational provision for children with special educational needs, including children with dyslexia and I believe that the steps taken in recent years and those currently in hand represent significant progress in the development of those services.

The question of tax relief is a matter for my colleague, Tánaiste and Minister for Finance, Deputy Brian Cowen T.D.

Early Childhood Education.

John Cregan

Ceist:

187 Deputy John Cregan asked the Minister for Education and Science if she will clarify the policy in relation to community playgroups perhaps using spare facilities in schools or located elsewhere; if same are gradually being taken over by her Department completely or for children over three; if this has been agreed with the play-groups national body; and if being carried out over a long period, the arrangements for the groups and staff they employ. [19519/07]

My Department supports the use of spare school facilities for child care, community play groups and other community purposes. It is a matter for the trustees and board of management to determine how spare facilities should be utilised. While my Department is supportive of such measures the priority for the use of these facilities has to be given to educational services funded by my Department. My Department has a particular role in pre-school provision in the areas of educational disadvantage and special needs. It also works closely with the Office of the Minister for Children in the promotion of quality early education generally. My Department does not have plans to take over community play groups.

Teaching Qualifications.

John Cregan

Ceist:

188 Deputy John Cregan asked the Minister for Education and Science the situation in relation to the July provision and the category of teacher that can be used for same; if a statement will be made on whether montessori teachers can still be employed; if changes are being considered; and the reason montessori teachers should be excluded. [19522/07]

My Department provides funding to schools with special classes for pupils with a Severe or Profound General Learning Disabilities and classes for pupils with Autistic Spectrum Disorders to enable them to provide a July Educational Programme. Where schools are unable to put such a programme in place, then parents may apply to the Department for funding to put a home tuition programme in place for July.

As this tuition takes place in the home, outside of a school structure, the most basic requirement is to ensure that the tuition provider is suitably qualified to provide the optimum intervention. My Department's qualification preference is for a fully qualified teacher. Where parents cannot recruit a fully qualified teacher, then certain alternative qualifications are acceptable including particular montessori qualifications and details in this regard are published on my Department's web site. Conscious that some parents occasionally encounter difficulties in securing the services of a qualified tuition provider, my Department will be considering, in line with the Programme for Government commitment, how best to provide a central database of suitably trained personnel seeking employment as home tutors.

School Transport.

John Cregan

Ceist:

189 Deputy John Cregan asked the Minister for Education and Science the situation in relation to school transport; the reason persons (details supplied) in Dublin 9 have school transport for one child and not the other. [19526/07]

My Department's school transport section has no record of receiving applications for school transport from the family referred to by the Deputy in the details supplied.

The family should liaise, in the first instance, with Bus Éireann's local office at Store Street, Dublin 1 regarding the pupil's eligibility for school transport to the primary school in question.

Residential Institutions Redress Scheme.

Jim O'Keeffe

Ceist:

190 Deputy Jim O’Keeffe asked the Minister for Education and Science the reason persons who suffered abuse in residential institutions are precluded from applying for redress to the Residential Institutions Redress Board in situations where said abuse occurred when they were under the then age of majority of 21 years but over the age of 18; and her proposals to enable redress to be made available to those who were abused in such circumstances. [19535/07]

The Residential Institutions Redress Board was established to make fair and reasonable payments to persons who, as children, suffered abuse while resident in Industrial Schools, Reformatory Schools and other institutions subject to state regulation or inspection.

Persons who were placed in such institutions generally remained there until they reached their 16th Birthday, at which time they were released either back to their family units or to employment. In certain exceptional circumstances, my Department did sanction an extension of the period of residency past the age of 16, usually for one year or less and primarily to allow residents to complete educational programmes. In such cases, the children involved would have remained under the care of the management of the school and the State would have continued to provide for their upkeep in the institution. However, such persons would still be under the age of 18 upon final release.

Once officially released, the State would have borne no responsibility for persons who remained in certain institutions. From the information available to my Department, it appears that a number of residents would have taken up employment with/through the management of the institutions. This is a private arrangement between the former resident and their employer and the state could not be held liable for any abuse which may have occurred in such circumstances or during that period.

The Residential Institutions Redress Act, 2002 defines a "child" as a person who has not attained the age of 18 years. Consequently, persons between the ages of 18 and 21 years are not eligible to be considered for redress under the terms of the aforementioned Act. It should be noted that a person's ineligibility to apply for redress by means of the Redress Board does not affect their statutory right to explore any other legal avenue which may be open to them.

Schools Building Projects.

Denis Naughten

Ceist:

191 Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Question No. 858 of 24 April 2007, the status of the application for funding; when a decision will be made on the provision of a new greenfield site or a site extension for the school; and if she will make a statement on the matter. [19539/07]

An application for capital funding has been received from the school to which the Deputy refers. This application is currently being assessed with reference to current and projected pupil enrolments, on-going and planned housing developments and other demographic factors. The final determination of the long term accommodation needs of the school will help inform a decision as to whether a new greenfield site or a site extension is required for the proposed project.

Third Level Courses.

Denis Naughten

Ceist:

192 Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Question No. 49 of 22 March 2007, if a decision on the new school of podiatry has been made; the timetable for the completion of this process; and if she will make a statement on the matter. [19540/07]

The HEA issued a call for proposals from higher education institutions for the establishment of a BSc in Podiatry programme. A panel of independent external assessors has been set up to evaluate the proposals received. It is expected that the HEA will report to me on the recommendations of the panel before the end of July 2007. I will then make a decision on the matter in consultation with the Minister for Health and Children.

Special Educational Needs.

Denis Naughten

Ceist:

193 Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Question Nos. 835 and 839 of 24 April 2007, her plans to open up the role of the special needs assistant in the classroom; if she will review the criteria for the appointment of special needs assistants in primary schools; if she will extend the criteria to include the education needs of children; and if she will make a statement on the matter. [19541/07]

Special Needs Assistants (SNAs) and teachers have separate yet complementary roles. SNAs provide care support to pupils with special educational needs who have been assessed as having such needs while teachers deliver education to the pupils.

The Deputy will be aware of the my Department's unprecedented investment in recent years in providing additional teachers in primary schools to ensure that children with special educational needs have access to appropriate education. There are now almost 6,000 whole time equivalent teachers supporting the education of children with special educational needs in primary schools. I have no plans, at present, to formally extend the SNA role to be that of a para-educator.

Schools Building Projects.

Olwyn Enright

Ceist:

194 Deputy Olwyn Enright asked the Minister for Education and Science if she is in a position to give a start date for the commencement of building work at a secondary school (details supplied) in County Offaly; the latest update on this project; and if she will make a statement on the matter. [19595/07]

The school to which the Deputy refers is at the early stages of architectural planning for a major building project. A site visit took place at the school on the 16th of May 2007. The Department's technical staff will compile a report based on this visit to inform the brief of accommodation needed for the school. When the report is finalised the process of appointing a design team and detail design will commence. It is not possible to estimate when building works will commence due to the various stages of design that will have to be completed. However, the brief formulation report will be completed shortly and a design team will be appointed in the coming months.

Special Educational Needs.

Olwyn Enright

Ceist:

195 Deputy Olwyn Enright asked the Minister for Education and Science if a request for a special needs assistant will be granted to a person (details supplied) in County Offaly attending a County Offaly national school; if the request cannot be sanctioned, the other services available to this child; and if she will make a statement on the matter. [19596/07]

As the Deputy will be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants to schools to support children with special needs. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

School Enrolments.

Brian O'Shea

Ceist:

196 Deputy Brian O’Shea asked the Minister for Education and Science if her Department estimates that there are 800 surplus places available at post-primary level in Waterford City; if she will provide details of which schools have surplus places; and if she will make a statement on the matter. [19602/07]

Brian O'Shea

Ceist:

197 Deputy Brian O’Shea asked the Minister for Education and Science when the promised technical inspection will be carried out at a school (details supplied); and if she will make a statement on the matter. [19603/07]

Brian O'Shea

Ceist:

198 Deputy Brian O’Shea asked the Minister for Education and Science her views on whether there is a shortage of second level place for boys in the eastern suburbs of Waterford City; and if she will make a statement on the matter. [19604/07]

Brian O'Shea

Ceist:

199 Deputy Brian O’Shea asked the Minister for Education and Science further to Parliamentary Question No 562 of 26 June 2007 if the examination of educational provisions at primary and post primary level in the Waterford City area will be concluded by the start of the 2007/2008 school year; and if she will make a statement on the matter. [19605/07]

I propose to take Questions Nos. 196 to 199, inclusive, together.

An examination of primary and post primary provision for the Waterford City area is currently being revised to include the latest Census and other information.

The review to date suggests that there are currently some 800 vacant post primary school places in the city relative to enrolments in its schools ten years ago. Schools with vacant accommodation include:

Mount Sion CBS

Waterpark College

Presentation Secondary school

Our Lady of Mercy Secondary School

St. Paul's Community College.

Given that there is spare accommodation in two all boys schools and in one co-educational facility, I am satisfied that there is no shortage of accommodation for boys in the City.

A technical inspection of the school referred to by the Deputy will be arranged consistent with both the final outcome of the review in terms of the long term accommodation needs of the area as a whole and the band rating which attaches to the project under the published prioritisation for large scale building projects.

Schools Building Projects.

Michael Ring

Ceist:

200 Deputy Michael Ring asked the Minister for Education and Science when funding will be provided for a school (details supplied) in County Mayo under a scheme; and when they can expect to be notified of a decision on their application for funding. [19614/07]

The closing date for receipt of applications under the Dormant Accounts / RAPID Leverage Fund Small Scale Capital Grants Scheme for schools was 1st March. The scheme covers the improvement of existing facilities ('non new-builds') and the development of new facilities ('new-builds') in four areas: (i) Outdoor Play Facilities; (ii) Libraries; (iii) Parent Rooms; and (iv) Dining Areas. Schools were asked to list their proposals under the four areas in terms of priorities from 1 to 4.

The scheme was very heavily over-subscribed in terms of numbers of applications and the amount of funding sought by applicants. This has meant that the original time-frame for the assessment of applications has been somewhat delayed and there is insufficient funding to cover these applications. As a result, a phased approach to applications is being implemented which divides the assessment of proposals into ‘new-builds' and ‘non new-builds'; this approach was notified on 14th June to the schools which applied under the scheme.

Phase 1 of this process involved an assessment of all ‘new-build' and ‘non new-build' applications for Outdoor Play Facilities which were identified by the schools as either Priority 1, 2 or 3 — lower priorities are not being assessed because there is insufficient funding available. Subject to Government approval being received shortly on the basis of these assessments, the Department should be in a position to advise schools about the success of their applications for Outdoor Play Facilities within the next two weeks.

All proposals in respect of Libraries, Parent Rooms and Dining Areas involving new-builds' will be considered for funding under the Schools Building and Modernisation Programme. The assessment and approval of the ‘non new-build' proposals for Libraries, Parent Rooms and Dining Areas is currently in progress and schools will be notified about their applications in due course.

Schools Refurbishment.

Róisín Shortall

Ceist:

201 Deputy Róisín Shortall asked the Minister for Education and Science further to Parliamentary Question No. 613 of 26 June 2007, the reason schools (details supplied) in Dublin 9 must reapply for funding for the much needed refurbishment works for their schools and assembly hall in view of the fact that this application was already made in the context of the proposed amalgamation of the schools; if she will give approval for these works to proceed in view of their urgent nature; and if she will make a statement on the matter. [19636/07]

The schools to which the Deputy refers made certain demands of the Department for capital works in the context of an amalgamation negotiation. They have not, otherwise, completed a formal application under any section/scheme of the Department's Capital Programme.

The amalgamation is not being pursued and, while this does not preclude the schools from applying for capital funding, they must decide which section/scheme of the Department's capital programme is most appropriate to their needs. Any such application will be assessed in accordance with the relevant governing criteria which treat all applications in an open, transparent and equitable manner.

Employment Law.

Paul Kehoe

Ceist:

202 Deputy Paul Kehoe asked the Minister for Education and Science if, with regard to contracts of employment issued by her Department, there is a difference between a contract of indefinite duration and a permanent contract; the differences between these contracts; the reason both contracts are in use by her Department; and if she will make a statement on the matter. [19641/07]

The Protection of Employees (Fixed Term Work) Act 2003 was enacted on 14th July 2003. Section 9(2) of that Act provides that where a fixed term employee is employed by his or her employer on two or more continuous contracts and the aggregate duration of such contracts exceeds 4 years the contract is deemed to be a contract of indefinite duration unless there are objective grounds to justify a renewal beyond the 4 years.

A contract of indefinite duration is normally regarded as a contract where a "A person who has an expectation that, subject to the normal date of retirement in the employment, she or he will be retained in the employment and will not be dismissed without there being any good reason such as misconduct or unfitness for their position, or other compelling or unavoidable circumstances. Any dismissal shall be achieved by the application of the agreed termination arrangement for the particular sector or the application of the relevant statute, as the case may be."

This definition is subject to review in light of decisions given by the Labour Court or other judicial processes. The issue of the differences between a contract of indefinite duration and a permanent contract is a legal question which is currently being considered by the courts.

Special Educational Needs.

Lucinda Creighton

Ceist:

203 Deputy Lucinda Creighton asked the Minister for Education and Science if she will ensure that appropriate special needs assistance is provided to a person (details supplied) in Dublin 6 within their local area, either within or outside mainstream education; and if she will make a statement on the matter. [19642/07]

As the Deputy will be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants to schools to support children with special needs. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Higher Education Grants.

Lucinda Creighton

Ceist:

204 Deputy Lucinda Creighton asked the Minister for Education and Science the funding or grants available for a person (details supplied) in Dublin 4 who wishes to pursue their studies in science through a master’s degree in forensics which is not available as a course here but is available in the UK; and if she will make a statement on the matter. [19643/07]

My Department's Third Level Student Maintenance Grant Schemes were extended to provide maintenance grants to eligible students pursuing approved full-time undergraduate courses of at least two years duration (pursued in a university or a third level institution which is maintained or assisted by recurrent grants from public funds) in other EU Member States with effect from the 1996/97 academic year. The extension of the Schemes at that time did not include courses at postgraduate level and, accordingly, there is no grant aid available under the schemes for students pursuing postgraduate studies outside of the island of Ireland.

Any extension of the current arrangements to provide for students pursuing postgraduate courses outside of the island of Ireland could only be considered in the light of available resources and other competing demands within the education sector. At present, there are no plans to expand the provisions in the grant schemes in relation to study abroad.

However, Section 21 of the Finance Act 2000, as amended by Section 29 of the Finance Act 2001, provides for the introduction of tax relief for postgraduate tuition fees paid in colleges outside of Ireland. This relief, which is available from the tax year 2000/01 onwards, applies at the standard rate of tax. Further details and conditions in relation to this tax relief are available from the candidate's Local Tax Offices.

Decentralisation Programme.

Róisín Shortall

Ceist:

205 Deputy Róisín Shortall asked the Minister for Education and Science the number of posts decentralised to date as part of her Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from her Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts. [19652/07]

Four hundred (400) Dublin based posts in my Department will relocate under the programme of decentralisation. One hundred posts (100) will relocate to Athlone and 300 posts will relocate to Mullingar. The Athlone element of the decentralisation includes a re-organisation which will reunite a section in Athlone, which has been divided between Dublin and Tullamore since decentralisation to Tullamore in 1995. Those officers in Tullamore whose posts will move to Athlone will be re-assigned to posts to move from Dublin to Tullamore. Almost all of the 400 posts to move from Dublin will relocate when office accommodation is ready for occupation in Athlone and Mullingar respectively.

The provision of accommodation under the programme of decentralisation falls within the remit of the Office of Public Works (OPW). The OPW has indicated to the Decentralisation Implementation Group that it anticipates that new office accommodation will be ready in Athlone next year and that it should be ready in Mullingar sometime in 2009.

To date, my Department has been able to facilitate 24 CAF (Central Applications Facility) applicants with direct transfers to posts in its offices in Athlone and Tullamore or one of its regional offices outside of Dublin, as posts became available due to other transfers under the CAF.

In addition, it will be possible to move up to 8 posts from my Department's office in Tullamore to the office in Athlone this year as a small amount of accommodation has become available in the existing offices in Athlone. This will allow for the movement of a corresponding number of posts from Dublin to Tullamore. This will reduce the number of posts in Dublin and will result in no net gain or loss associated with decentralisation.

Estate Management.

Jack Wall

Ceist:

206 Deputy Jack Wall asked the Minister for Defence the position of the take-over of an estate (details supplied) in County Kildare by Kildare County Council; the reason for the delay in the transfer; if the previously stated works in relation to the road and path repairs will be carried out; if all of the houses have been purchased by the tenants; if not, the agreements his Department has entered into with the tenants and Kildare County Council to finalise the matter; and if he will make a statement on the matter. [19435/07]

To date ninety two (92) of the houses at Orchard Park have been sold and work regarding the sales of the remaining eight (8) houses at the estate is ongoing. Kildare County Council has advised that all services, roads, footpaths, etc. at the estate will have to be brought up to the required standard before they can be taken in charge. The matter will be progressed as soon as possible in consultation with Kildare County Council following completion of the new waste water collection/disposal system for the Curragh area at Brownstown.

Decentralisation Programme.

Róisín Shortall

Ceist:

207 Deputy Róisín Shortall asked the Minister for Defence the number of posts decentralised to date as part of his Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from his Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts. [19651/07]

The Civil Defence Board, which is a State Authority under the aegis of the Department of Defence, has decentralised to Roscrea, Co. Tipperary. An advance party relocated from Dublin to Roscrea in 2004 and the full compliment of staff relocated to new premises in 2006. The number of staff in Roscrea is 25 which is the same as it was prior to the decentralisation of the Board from its previous accommodation in Ratra House, Phoenix Park, Dublin 8.

All Dublin based civil service staff of the Department of Defence, who are currently located at Infirmary Rd., Dublin 7 and Coláiste Caoimhín, Glasnevin, Dublin 9, are due to decentralise to Newbridge, Co. Kildare by late 2008/early 2009. There will be about 200 civil service posts in Newbridge, the same number as currently in Dublin.

Departmental Transport.

Thomas P. Broughan

Ceist:

208 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if he will ensure that the Ministerial and Government fleet are converted to environmentally friendly and more fuel efficient alternatives; and if he will make a statement on the matter. [19488/07]

I can advise the Deputy that at present seven hybrid (petrol/electric) cars are in use in the Ministerial fleet.

The requirements for the Ministerial fleet are subject to regular review and assessment in order to ensure that the most suitable vehicles are purchased having regard to a range of criteria including overall cost, emissions and fuel efficiency bearing in mind the function of the vehicles and their suitability for the specific transport requirements involved. It is proposed, subject to an ongoing tender process, to purchase diesel-powered vehicles for the ministerial fleet in the near future.

Visa Applications.

Michael D. Higgins

Ceist:

209 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the status of the application by a person (details supplied) in County Galway for an extension of their student visa; if the person’s value to their local community and their attendance record at their language classes has been considered in this application; and if he will make a statement on the matter. [19608/07]

I am informed by the Immigration Division of my Department that the person in question has applied to undergo a course that is not, as yet, viable. This means if the college concerned does not have sufficient numbers of applicants who sign up and pay for the course the college will not run the course and the person concerned will not have a place on a recognised college course, as required.

Should the person concerned obtain a place on a recognised course (i.e. approved by the Department of Education) in a recognised college his application will be considered further.

Human Rights Issues.

Aengus Ó Snodaigh

Ceist:

210 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason the European Convention on the Legal Status of Migrant Workers has not been ratified and will not be ratified in the near future, as reported in the ECRI Second Report on Ireland; when the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families will be ratified; and if he will make a statement on the matter. [19376/07]

The European Convention on the Legal Status of Migrant Workers was opened for signature on 24 November 1977. The Convention is concerned with the legal situation of migrant workers, in particular employment, residence and work permits, family reunifications, working conditions and the transfer of savings, social security and medical assistance. Ireland has not signed the Convention and there are no current plans to do so. The Council of Europe website shows only 6 current members of the EU as having ratified the Convention and none of these ratifications have taken place in the past 10 years. It is some years since this matter was last examined by the relevant Government Departments but there is no indication at this point of any pressing need for Ireland to change its previous position or that national measures in this area are inadequate.

In relation to the International Convention, I would refer the Deputy to the reply to Parliamentary Question No. 45 of 4 April, 2007. The position remains unchanged.

Residency Permits.

Jack Wall

Ceist:

211 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the mechanism available to a person (details supplied) in County Kildare to appeal his Department’s decision to refuse them the right to stay here; and if he will make a statement on the matter. [19379/07]

The person in question applied for permission to remain in the State under the revised arrangements for non EU national parents of Irish children born prior to 1 January 2005, commonly referred to as the IBC/05 scheme.

It is a requirement of this scheme that each applicant must be resident in the State on a continuous basis since the birth of the Irish born child and that evidence of such residence be provided with the application. The person concerned did not provide satisfactory evidence of being continuously resident in the State and consequently his application was refused on that basis. He was advised of this decision by letter dated 30 November 2005.

My Department is currently appealing a number of matters related to the IBC/05 Scheme to the Supreme Court. The matters above will be considered further in the light of the findings of the Court.

Jack Wall

Ceist:

212 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform his views on correspondence (details supplied); the guidelines the applicant must follow to legalise the position of their family under Irish law; and if he will make a statement on the matter. [19381/07]

An application for residence in the State was received from the person in question in June 2007. An acknowledgement of receipt of the application was issued on 2 July 2007. This application is under consideration and the applicant will be advised of the steps to take to regularise her position in the State in due course.

EU Directives.

Eamon Gilmore

Ceist:

213 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform if he will confirm that the European Commission has raised concerns with the Irish authorities regarding the Government’s transposition into Irish law of the EC Directive on equal treatment between persons without racial and ethnic discrimination in employment and the social sector (details supplied); the principal issues involved; and the status of the Commission’s challenge. [19401/07]

I refer the Deputy to Parliamentary Question No. 184 of Wednesday 4 July 2007 and the written reply to that Question. I have nothing further to add to that reply.

Eamon Gilmore

Ceist:

214 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform if he will confirm that the European Commission has raised concerns with him regarding the Government’s transposition into Irish law of the EC Directive on the general framework for equal treatment in employment and work conditions (details supplied); if so, the principal issues involved; and the status of the Commission’s challenge. [19402/07]

Discrimination is prohibited in Irish law on nine grounds, including disability, age, sexual orientation and religious belief, under the Employment Equality Acts 1998 to 2007 and the Equal Status Acts 2000 to 2004, in the employment area and in access to and supply of goods and services, respectively.

The Equality Act 2004 enacted amendments to the Employment Equality Act 1998 in order to fully transpose Council Directive 2000/78/EC, which established a general framework for equal treatment in employment and occupation.

The State has been engaged in correspondence with the European Commission regarding Ireland's transposition of this Directive into national law and is assisting the Commission with various queries it has raised concerning the interpretation of the Employment Equality Acts. Most queries raised to date have been dealt with.

The Commission has by way of formal notice sought further details on a number of minor technical issues. The State has furnished clarification as requested for the Commission to review at its convenience.

Visa Applications.

Jack Wall

Ceist:

215 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position of an application for a war permit and in relation to visa status for a person (details supplied); and if he will make a statement on the matter. [19425/07]

The person concerned arrived in the State on 18 July 2003. She was given permission to remain in the State until 15 October 2004 and has remained in the State since that date without permission.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 22 November 2006, 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.

Denis Naughten

Ceist:

216 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if he will expedite a visa application for persons (details supplied) in County Roscommon for leave to remain; the reason for the delay in processing the application; and if he will make a statement on the matter. [19439/07]

I am informed that applications by the person in question and his step children were received by the EU Treaty Rights section of my Department on 22 May 2007 and 20 June 2007 respectively. Applications of this kind are dealt with in chronological order of receipt and take approximately six months to process.

Local Authority Expenditure.

Denis Naughten

Ceist:

217 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if he will authorise payment to the chairperson of an organisation (details supplied) and those in similar positions; if his attention has been drawn to the amount of voluntary time invloved in the role. [19441/07]

I am informed that under the local authority expenses allowances system put in place by the Department of the Environment, Heritage and Local Government, councillors are paid a composite annual allowance that is intended to defray costs actually incurred in attending council and committee meetings, including Joint Policing Committee meetings.

Following a comprehensive review by the Department of the Environment, Heritage and Local Government, substantial improvements were introduced in the range of financial supports for councillors with effect from 1 January, 2007. These include enhancements of expenses allowances. I am informed that there are no proposals to introduce further amendments to the system of financial supports for councillors along the lines proposed in the question.

Garda Equipment.

John Cregan

Ceist:

218 Deputy John Cregan asked the Minister for Justice, Equality and Law Reform the situation in relation to supply of protective gear, batons, stab vests and so on; if same are available to all operational Gardaí; and the reason there appears to be restrictions in relation to supply to student Gardaí while attached to stations. [19463/07]

The detailed allocation of Garda resources, including equipment, is a matter for the Garda Commissioner. I am informed by the Garda authorities that it is Garda policy to issue anti stab/ballistic vests to all Garda personnel. On joining the force a student Garda undergoes a two year comprehensive education and training programme, and student Gardaí are issued with anti stab/ballistic vests prior to commencing phase two of that training. I am also informed by the Garda authorities that it is Garda policy to issue batons to student Gardaí when they reach phase three of their training.

An Garda Síochána are currently training all operational personnel in the proper and safe use of the new retractable baton which will issue to members following the successful completion of training. This baton will replace the one currently on issue.

Citizenship Applications.

Pat Breen

Ceist:

219 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 298 of 31 January 2007, when a decision will be made on an application for a person (details supplied) in County Clare; and if he will make a statement on the matter. [19476/07]

I refer the Deputy to my reply to Parliamentary Question Number 298 of Wednesday 31 January 2007. The position remains as stated.

Jan O'Sullivan

Ceist:

220 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform if a person who has been in Ireland for more than five years but who has not yet been granted either refugee status, leave to remain or subsidiary protection can apply for naturalisation; and if he will make a statement on the matter. [19502/07]

Since the Deputy has not provided details of a particular case, I can only set out the position generally.

Section 15 (d) of the Irish Nationality and Citizenship Act 1956 provides that an applicant for a certificate of naturalisation must have a period of one year's continuous residence in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years.

Section 16 (a) of the Irish Nationality and Citizenship Act, 2001 qualified that residency requirement so that when calculating residence in respect of an applicant who is required to have permission to reside in the State, no period will be reckoned where the applicant does not have such permission. In addition, any time spent seeking to be recognised as a refugee or for the purpose of study must also be discounted.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that I may, in my absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.

Applicants other than those listed above should satisfy the statutory residency requirement at the time of lodging an application for naturalisation.

Jim O'Keeffe

Ceist:

221 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of applications for naturalisation presently in his Department; the delays involved in dealing with such applications; and if he will put in place a more efficient and effective procedure for dealing with same. [19534/07]

I am advised by the Citizenship Section of my Department that the number of applications for naturalisation which have yet to be processed to a conclusion is approximately 15,000. Such applications are generally dealt with in chronological order as this method is deemed to be fairest to all applicants. The processing time is, on average, thirty months and this is primarily due to the significant increase in the volume of applications received in the last number of years. The table below shows the total number of applications received in the years 2000 to date. These figures illustrate a significant upward trend and with over 3,000 applications received to date in 2007, this upward trend looks set to continue for the foreseeable future.

Year

Applications for naturalisation received

2000

1,004

2001

1,431

2002

3,574

2003

3,580

2004

4,074

2005

4,523

2006

7,030

2007 (as at 3 July, 2007)

3,400

The granting of Irish citizenship through naturalisation is an honour and applications must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is given only to persons who satisfy the necessary qualifying criteria.

The procedures employed to assess an applicant for naturalisation are as set out in summary form below.

Upon receipt, each application is examined to determine if the statutory application is completed fully. Incomplete application forms are returned to the applicant for amendment. Valid applications are then examined to determine if the applicant meets the statutory residency criteria set out in the Irish Nationality and Citizenship Act. Passports and other documentation are examined in detail and enquiries with the Garda National Immigration Bureau may also be necessary. Since this procedure was introduced on 1 April 2005, over 3,500 applicants who applied since that date have been found to be ineligible. All such applicants are informed of any shortfall in their residency and will be able to reapply when they have the required residency.

The next stage of the process involves assessing an applicant's financial status in respect of their ability to support themselves in the State. Enquiries with the Revenue Commissioners and the Department of Social and Family Affairs may be necessary in this regard. At the same time enquiries are also made with the Garda Síochána to clarify if the applicant can be deemed to be of good character. There may also be circumstances in individual cases which require a greater level of investigation than other cases. Once all enquiries are completed, the file is referred to me for a decision. The Deputy will appreciate that these processes can take a lengthy time to complete.

The above procedures have been developed and refined over a number of years and I am satisfied that they are necessary to maintain the integrity of the naturalisation process. Consequently, having regard to the resources available, which are kept under constant review, there is a limit to the reduction in the processing time that can be achieved. However, I share the Deputy's concerns regarding the efficiency of the existing system and accordingly, I have instructed my officials to undertake a review of the various processes in order that these might be streamlined further where possible.

Jim O'Keeffe

Ceist:

222 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that applications for naturalisation are being rejected on the basis that applicants can not produce the proof of reckonable residency in the State required by his Department and in particular for the one year immediately prior to the application; if his further attention has been drawn to the fact that in many instances the reason the required proof can not be produced is due to delays on the part of the State in the issue of work permits leading on to delays in the stamping of visas on the passports of applicants; his views on whether it is unacceptable that applicants should be penalised as a consequence; if he will put in place a system which takes into account the reality of bureaucratic delays; and if he will make a statement on the matter. [19536/07]

The Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. Section 15 of that Act requires that the applicant must have had a period of one years continuous residence in the State immediately before the date of the application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years.

The Deputy suggests that delays in the issue of work permits may result in an applicant being unable to fulfil the residency requirements for naturalisation. However, the above Act provides that in determining residency for the purposes of naturalisation no period shall be reckoned where the applicant did not have the permission of the Minister for Justice, Equality and Law Reform to remain in the State. This particular statutory provision does not provide for the reasons for not having such permission to be taken into account.

Denis Naughten

Ceist:

223 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 231 of 13 February 2007, the status of a citizenship application by a person in County Mayo; when the application will be processed; and if he will make a statement on the matter. [19550/07]

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 9 November 2006.

On examination of the application it was determined that the person concerned did not meet the statutory residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. A letter informing the applicant was issued on 8 March 2007.

It is open to the individual concerned to lodge a new application if and when he is in a position to meet the statutory residency requirements in June at that time.

Garda Stations.

Joe Costello

Ceist:

224 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform his proposals to shut down Mountjoy or Fitzgibbon Street Garda Stations in Dublin 1; and if he will make a statement on the matter. [19558/07]

In accordance with section 22 of the Garda Síochána Act 2005, the formulation of proposals in relation to the opening and closing of Garda stations is a matter, in the first instance, for the Garda Commissioner in the context of the annual policing plan. I have been informed by the Garda authorities that there are no plans at present to close Mountjoy or Fitzgibbon Street Garda Stations.

Coroners Service.

Joe Costello

Ceist:

225 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if he will agree to pay the cost of independent forensic tests in the case of a person (details supplied); and if he will make a statement on the matter. [19559/07]

In March 2006, the family of the person in question was offered an ex gratia payment for their representation as a unit at the Inquest. That exceptional ex gratia offer was expressed to be subject to the then maximum Government approved rates for representation at Tribunals of Inquiry — i.e. €800 per day for a solicitor, €744 per day for a junior counsel or €1116 per day for a senior counsel.

In addition, agreement was reached under the auspices of the Coroner between the Garda Síochána, the Forensic Science Laboratory and legal representatives for the deceased's family to allow the latter's independent experts to attend the laboratory and carry out an examination of certain exhibits. It is important to note that my predecessor as Minister for Justice, Equality and Law Reform was not represented at the Inquest and, quite properly, had no role to play in any agreement reached. The Minister was however asked by the family of the deceased to provide further funding to pay for those independent experts.

Having considered the matter carefully and consulted with the Coroner he was unable to accede to this request.

I should explain that a Coroner's Inquest is not an adversarial process like a criminal trial — it is inquisitorial rather than adversarial in nature. The person who decides who gives evidence is the Coroner. The Coroner has indicated the evidence of the third party expert will not be admissible at the Inquest.

Given the Coroner's stated view on the admissibility of the evidence in question and the fact that there is already independent evidence available to the him via the objective expert evidence of the Forensic Science Laboratory, I consider that it would be imprudent to accede to this request in circumstances where generous financial assistance has already been offered to the family for legal representation and where the only purpose of the independent experts would be to act as private advisors to Counsel as distinct from giving evidence.

Residency Permits.

Paul Kehoe

Ceist:

226 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application by a person (details supplied) in County Carlow for residency here on the basis of being married to an Irish citizen. [19564/07]

An application for residence in the State on the basis of marriage to an Irish national was received from the person in question in May 2007. An acknowledgement of receipt of the application was issued on 6 June 2007.

Applications of this kind, in fairness to all other such applicants, are dealt with in strict chronological order and currently take approximately twelve months to process. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State.

It should be further noted that a person who is awaiting a decision on a residency application based on marriage to an Irish national is free to leave the State at any time. As a visa required national the person in question must be in possession of a valid Irish re-entry visa to allow him return to the State.

Asylum Applications.

John Perry

Ceist:

227 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the number of unaccompanied minors who arrived here in each year since 1990 to date in 2007; and if he will make a statement on the matter. [19565/07]

The only information I am in a position to provide the Deputy with is in respect of my area of responsibility, namely unaccompanied minors who have applied for asylum. The information is only available from 1998. The details are set out in tabular format below.

Under the provisions of the Refugee Act, 1996, where it appears that a person is under the age of 18 years and unaccompanied, the minor must be referred to the Health Service Executive (HSE) which will then decide whether or not to make an application for asylum on their behalf. In the event that an application is made, the HSE will then assist the minor throughout the asylum process, including accompanying them to any interview or hearing that may be scheduled.

The processing of applications for refugee status from unaccompanied minors has a number of child-specific features and has regard to a number of distinct factors including the UNHCR's Guidelines.

Number of Unaccompanied Minors who applied for asylum 1998-2007 (30/6)

Year

No. of Unaccompanied Minors who applied for asylum

Year

No. of Unaccompanied Minors who applied for asylum

1998

*

2003

271

1999

38

2004

128

2000

302

2005

131

2001

600

2006

131

2002

288

2007 (30/06)

47

* Statistics are not released where there are less than 10 cases involved.

John Perry

Ceist:

228 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the number of asylum seekers who have been detained in prisons here in each year since 1990 to date in 2007 with a breakdown according to age and gender; and if he will make a statement on the matter. [19566/07]

Applicants for asylum who are awaiting a decision on their applications are rarely detained. Section 9(8) of the Refugee Act 1996 sets out the reasons for which an asylum seeker can be detained and subsequent provisions of the 1996 Act outline the conditions governing such detentions.

Asylum seekers may also be remanded in custody in respect of criminal charges pending against them sometimes connected with possession of stolen or forged identity documents.

I am advised that the number of asylum seekers detained in prisons is not available.

John Perry

Ceist:

229 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the way information on the asylum process is made available to asylum seekers; and if he will make a statement on the matter. [19567/07]

John Perry

Ceist:

234 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if a person is granted refugee status, are their spouse automatically also granted refugee status; if the spouse loses this status, if the relationship ends; and if he will make a statement on the matter. [19572/07]

John Perry

Ceist:

235 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if it is the mother or father who is given asylum documents relating to their children with regard to asylum seekers; if, in the case of a married couple are both given copies of each others documents; and if he will make a statement on the matter. [19573/07]

John Perry

Ceist:

237 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the number of asylum seekers arriving here who have reported having experienced gender related torture or violence in the country they are fleeing; and if he will make a statement on the matter. [19575/07]

John Perry

Ceist:

238 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if gender based torture or violence is an accepted reason for granting asylum here; the number of asylum seekers who cite this as a reason; and if he will make a statement on the matter. [19576/07]

John Perry

Ceist:

240 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if refuge is granted to women who are fleeing persecution based on the political activities of their husbands or a close male relative; and if he will make a statement on the matter. [19578/07]

I propose to take Questions Nos. 229, 234, 235, 237, 238 and 240 together.

As the Deputy is aware, there is a statutory framework governing the asylum determination process in Ireland set out in the Refugee Act, 1996. The 1996 Act established two independent statutory offices to consider applications and appeals in respect of refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. These offices are the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT).

The processing of asylum applications is undertaken within the framework of the Refugee Act 1996 and in each case due regard is had to the definition of a "refugee" in section 2 of that Act, which states that a "refugee" is—

"...a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it" .

Every asylum applicant is guaranteed an investigation and determination of his or her claim at first instance by the Refugee Applications Commissioner and, where necessary, an appeal with the statutorily independent Refugee Appeals Tribunal. Each application is assessed on the basis of the circumstances of the individual case and having regard to both the subjective elements (the applicant's own account or personal history) and objective elements (up-to-date information on the applicant's country or place of origin). In cases such as those described by the Deputy, if a woman establishes a credible and objectively verifiable claim that she is fleeing persecution for reasons stated, then it is possible for such claims to fall within the ambit of the refugee definition. However, each claim is the subject of an individual examination on its merits.

In reply to the Deputy's question about statistics relating to the number of applicants who may cite gender related persecution in respect of their asylum application, I am advised that the current management information systems in operation in ORAC and RAT do not provide for the compilation of statistics in relation to the different types of persecution. However, work is now ongoing on the development of a comprehensive management and statistical information system for both organisations as part of the development of a new computer system for the Irish Naturalisation and Immigration Service. When this system is in place in mid-2008, it should be possible to generate the type of information requested by the Deputy.

As I indicated, each application for asylum is investigated on its own merits. In the case of a married couple, separate interviews are conducted and separate reports are competed in relation to the results of each investigation. Accordingly, an applicant is not automatically granted the same status as their spouse. Where one is granted status, the other may apply for permission to remain in the State under the ‘family reunification' provisions of the Refugee Act 1996. Both refugee status and temporary permission to remain in the State are subject to possible re-examination by the Minister, where appropriate and necessary.

As regards the Deputy's question on documents, I am informed that the report of the investigation and any accompanying documentation is sent to each adult applicant separately. Where a child or children form part of a parent's application, any documentation on the child is sent to the parent that has included the child/children in their application. Where a separate application is made on behalf of a child, the child's application will be investigated separately, a separate file will be opened, and an interview will take place where either or both parents may attend. The report and recommendation on the results of the investigation are generally sent addressed to the minor applicant "care of" the parent that attended their interview.

In relation to the Deputy's question on the way in which information is provided to asylum applicants, I am informed that when a person applies for asylum at ORAC, a comprehensive information leaflet is provided, which is available in over two dozen languages and explains how the asylum process in Ireland operates. Applicants are also given a Customer Service Advice Leaflet and the Refugee Legal Service Information, RLS, Leaflet. Asylum applicants are informed of their right to consult a solicitor and/or the United Nations High Commissioner for Refugees (UNHCR). ORAC has a Customer Service Centre, CSC, which is a central contact point for telephone, written and email enquiries to the Office, and deals with requests for information from applicants, legal representatives, agencies and members of the public. ORAC also has in place a Customer Liaison Panel of Non-Governmental Organisations. The panel, which meets twice a year, provides a communication tool for ORAC and NGOs and provides an opportunity to highlight issues which might be of concern to asylum applicants.

In addition to the above sources of information, since 2003, ORAC has its own website , www.orac.ie, which makes information about the Office and its activities more easily available to interested parties.

Relevant information on the appeals process is also furnished to applicants by the Refugee Appeals Tribunal.

The Refugee Legal Service (RLS) is a dedicated legal service provided by the Legal Aid Board for persons applying for asylum in Ireland. The RLS provides a service to asylum seekers at all stages of the asylum process and applicants may register with the RLS at any stage of the process — initial application, appeal stage and, post asylum, in relation to matters such as applications for subsidiary protection and humanitarian leave to remain.

I am informed that the RLS uses a variety of methods to inform potential clients of the availability of its service. These include leaflets describing its services, a general information leaflet about the asylum process, posters, outreach activities, presentations and seminars. Leaflets are available in a number of different languages and are distributed to various Government and Non-Governmental Organisations nationwide, while posters are displayed in a number of strategic locations.

As part of its information provision service, the RLS provides an outreach service from its locations in Dublin, Cork and Galway. There are a number of elements to the outreach service, including regular visits by RLS staff to the reception centres in the Dublin area and also to the dispersed accommodation centres throughout the country. Each reception centre in Dublin is visited by RLS staff once per week. Accommodation centres in dispersed locations are visited less frequently — perhaps once a month, or as necessary based on indications received from the accommodation centres.

Asylum Support Services.

John Perry

Ceist:

230 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if any community or self-help groups have been formed by and around asylum seekers since 1990; the Government support available to such groups; and if he will make a statement on the matter. [19568/07]

As the Deputy may be aware, the Government adopts a mainstream approach to the provision of services to asylum seekers. In that context, various Government Departments including the Departments of Social and Family Affairs, Education and Science, Community Rural and Gaeltacht Affairs, Environment and Local Government and Health and Children provide funding for local community groups. In addition funding is also provided through the various philanthropic bodies, statutory and non-statutory organisations e.g. the Health Service Executive (HSE), Pobal, the National Consultative Committee on Racism and Interculturalism , NCCRI, and the Combat Poverty Agency among others. Though the funds available are not specifically targeted at supporting asylum seekers, they do constitute part of the beneficiary groups.

My Department has established a small grants funding scheme administered by the Reception and Integration Agency (RIA) which is part of the Irish Naturalisation and Immigration Service. The RIA actively promotes the establishment and development of community based groups specifically designed to support asylum seekers living in the portfolio of accommodation provided by the Agency. These support groups aim to encourage and facilitate the active participation of asylum seekers in local community life and the activities developed by this network promote a self help approach.

In 2006, 59 intercultural projects/initiatives around the country, designed to support asylum seekers, were funded under the Small Grants Scheme at an approximate cost of €140,000.

The European Refugee Fund was established in 2000 by the European Union to provide financial support to organisations in respect of services for refugees and asylum seekers. Ireland currently receives €1.2m approx. per annum from the Fund which is administered in Ireland by the Reception and Integration Agency. Twenty groups in Ireland have received support under the current phase of the Fund. The next phase of the Fund will operate from 1 January, 2008 and projects will be selected following a public call for proposals.

John Perry

Ceist:

231 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the input asylum seekers have into the way their accommodation centres are run, for example food and so on; and if he will make a statement on the matter. [19569/07]

The Reception and Integration Agency (RIA) is currently accommodating over 6,000 residents representing multiple nationalities in 58 centres throughout 25 counties.

In relation to food, the RIA places particular emphasis on meeting, to the greatest extent possible, the dietary needs of residents and, in this regard, 28-day menu cycles are in place in all large centres. In small centres menus are cycled on a 7-day or 14-day basis. The menus offered reflect the reasonable needs of the different ethnic groups and the reasonable prescribed dietary needs of any person accommodated in centres.

All contractors are required to serve, breakfast, lunch and dinner each day. Breakfast must include eggs, a choice of a minimum of 6 cereals, a choice of 3 or 4 juices, a selection of fruit and cheese, milk, tea, coffee, toast, brown and white bread, rolls and a selection of spreads, jams and preserves. Lunch must consist of a choice of 3 light main courses (to vary daily) together with salads, rice, potatoes, juices, tea and coffee. In the case of dinner, it must include a choice of 2 starters (1 hot and 1 cold) or desert or yoghurt and a choice of 3 main courses (to vary daily) to include a meat dish, a fish dish and a vegetarian dish. Dishes on offer for dinner include Chicken, Lamb, Lasagne, Nigerian Style Egg Fried Rice with Chicken, Chicken Egusi, Romanian Chicken stew, Ogbuno Soup and Pounded Yam, Lamb Kleftico, Lemon Pepper Haddock, Pork Paprika and Roast Joints. Dinner also includes rice, potatoes, chips and tea, coffee, milk, soft drinks and water. Tea, coffee, biscuits, crackers, cheeses and fruit are made available, at the discretion of contractors, outside of normal meal times.

Where there are children in centres, a selection of baby foods and yoghurts must be on display and available. In the case of infants, infant formula, infant food and fresh water for the preparation of infant formula must be available. As regards school-going children, a packed lunch to include at least a sandwich, fruit and a beverage are provided.

All contractors are required to consult regularly with residents to ascertain what foods they prefer and how such foods should be cooked. These meetings are particularly important where many ethnic groups may be accommodated in the same centre. Every effort is made to ensure that the ethnic and dietary needs of residents are met. However, maintaining this on a daily basis for all the different ethnic groups can sometimes prove difficult. Menus are kept under review and are revised from time to time with a view to meeting the ethnic dietary needs of residents to the greatest extent possible.

Regular inspections of centres by RIA staff and by an Independent Inspectorate are carried out and appropriate measures are taken where the requirements of residents are not being met. In addition, RIA staff, including senior management, regularly eat in centres to ensure that the fare on offer is of the standard required.

In relation to the running of centres generally, residents are provided with a copy of the House Rules and Procedures, which incorporate a complaints procedure, on arrival and speak to centre management on a one to one basis. Management organise regular meetings with residents, where issues can be addressed. Moreover, RIA staff regularly hold ‘clinics' in centres where residents can raise issues in relation, inter alia, the running of the centre, the provision of services at the centre and any additional supports which they would like to have provided at the centre.

Residents can also make representations to the Reception and Integration Agency through third parties, including local support groups, other NGOs, State service providers, health professionals, political representatives and so on.

Asylum Applications.

John Perry

Ceist:

232 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the figures for female asylum seekers who arrived here without a husband or male relative; the number of those women who have children; and if he will make a statement on the matter. [19570/07]

The information sought by the Deputy regarding female asylum seekers who have arrived in Ireland is set out below. The Deputy will wish to note that the statistics provided are approximate figures only. In relation to the additional information requested by the Deputy regarding children and male relatives associated with these applications, I am advised that this information is not readily available to my Department.

During the period 1 January 1992 to 30 June 2007, approximately 31,278 applications for refugee status were received in the State from female applicants. The Deputy may wish to note that some 23,328 of these female applicants were 18 years or over at the time of application. The marital status of these applicants at the time of application is set out in Table 1 below.

Table 1: Marital status of female applicants 18 years or over at the time of application

Divorced

Married

Separated

Single

Widowed

No Data Received

Total

401

14,891

250

6,377

689

720

23,328

The majority of the remaining 7,950 female applicants under 18 years are either separated children or included in the applications of their parents. Table 2 illustrates the marital status of these applicants at the time of application.

Table 2: Marital status of female applicants under 18 years at the time of application

Divorced

Married

Separated

Single

Widowed

No Data Received

Total

2

193

9

6,496

2

1,248

7,950

Asylum Support Services.

John Perry

Ceist:

233 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if the mother or father is allocated payment for a child with regard to asylum seekers and the nominal social welfare payment they receive; and if he will make a statement on the matter. [19571/07]

The Reception and Integration Agency is responsible, inter alia, for the accommodation of asylum seekers through the policy of direct provision.

The direct provision system seeks to ensure that the accommodation and ancillary services provided by the State meet the requirements of asylum seekers during the period in which their requests for asylum are being processed. Through direct provision, asylum seekers benefit from free full board accommodation without utility or other costs.

In addition to meeting these basic living costs, a direct provision allowance of €19.10 per adult and €9.60 per child was introduced some years ago and is paid by Community Welfare Officers (operating under the aegis of the Department of Social and Family Affairs) who also have the discretion to make once-off exceptional needs payments in special situations and other payments (e.g. back to school clothing). The direct provision allowance seeks to reflect the value of the above-mentioned services to the asylum seeker.

The Department of Social and Family Affairs has stated that the direct provision allowance is made payable to the person who registers for the allowance. In the case of a family, the payment would be made to whichever spouse makes the application for the allowance in the first instance. This is the same for other social welfare schemes operated by or on behalf of that Department.

Asylum seekers in direct provision also qualify for medical cards and can access the public health service in the same way as an Irish citizen.

Children are entitled to free education at Primary and Post-Primary level.

Questions Nos. 234 and 235 answered with Question No. 229.

John Perry

Ceist:

236 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the number of cases of domestic violence that have been recorded within accommodation centres for asylum seekers; the action the Government takes when domestic violence is reported within an accommodation centre; and if he will make a statement on the matter. [19574/07]

I am informed by the Garda Authorities that the level of domestic violence among asylum-seekers is not recorded separately from the incidence of such violence in the community generally. There is no basis for believing that domestic violence in accommodation centres is any more frequent than in the rest of the community.

Questions Nos. 237 and 238 answered with Question No. 229.

John Perry

Ceist:

239 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if he has records in relation to prostitution among asylum seekers; the action the Government has taken to combat this; and if he will make a statement on the matter. [19577/07]

I am informed by the Garda Authorities that separate statistics are not maintained in relation to crime among asylum seekers. Accordingly, it is not possible to collate the information sought in the question without the allocation of considerable Garda resources to the task which would not be warranted.

Question No. 240 answered with QuestionNo. 229.

Residency Permits

Paul Kehoe

Ceist:

241 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the position regarding an application for free movement of a person (details supplied) in County Wexford. [19598/07]

I am informed by my Department that an application by the person in question was received by the EU Treaty Rights Section.

Following an examination of this application, it was refused under Regulation 3(2) of S.I. 656 of 2006 (Free Movement of Persons), on 14 June 2007. The applicant was informed of the above decision by registered post on 14 June 2007. The Regulation requires that in order to avail of residency rights under the Regulation, applicants must submit evidence showing lawful residence in another EU Member State prior to arrival in Ireland.

Registration of Title.

Paul Kehoe

Ceist:

242 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform when a registration for a person (details supplied) in County Wexford will be decided upon; and if he will make a statement on the matter. [19599/07]

As the Deputy will be aware, a service for Deputies and Senators concerning the current status of applications of this type was introduced in May 2006. The service was introduced, inter alia, to provide a speedier and more efficient and cost effective alternative to submitting Parliamentary Questions. Under the provisions of the Registration of Deeds and Title Act 2006, the Property Registration Authority was established as and from 4 November 2006. The Property Registration Authority replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions. In order to be of assistance the Deputy's query has been forwarded to the Authority for direct reply via the above mentioned service.

Closed Circuit Television Systems.

Róisín Shortall

Ceist:

243 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform when the long promised closed circuit television for Finglas, Dublin 11 will be provided. [19633/07]

I am committed to the provision of a Garda Town Centre CCTV system for Finglas. I am informed by the Garda authorities that the selected contractors have been requested to install the system and commencement is subject to the finalisation of contract details. The completion date for installation will be subject to the usual requirements of the planning process, permission for wayleaves and the completion of any necessary civil works.

Decentralisation Programme.

Róisín Shortall

Ceist:

244 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the number of posts decentralised to date as part of his Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from his Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts. [19658/07]

I am delighted to say that my Department's decentralisation programme is fully on target. It is scheduled to run until 2009 and will involve the relocation of 885 posts to seven locations. By the end of this month, over 240 staff will have taken up duty in my Department's decentralised locations. The Private Security Authority (25 posts) is up and running in Tipperary, and the Garda Central Vetting Unit (35 posts) is already operational in Thurles. The Property Registration Authority (Land Registry) now has 45 staff in Roscommon, with more to follow later this year. The Office of the Data Protection Commissioner (23 posts) moved to Portarlington in December 2006. An advance party of five staff from the Equality Authority took up duty in Roscrea in May 2007, with an a further 15 to take up duty in Roscrea before the end of this year. The Irish Prison Service is in the process of moving to its new headquarters in Longford and one hundred and eleven staff will have taken up duty there by the end of this month.

Other moves due to take place before the end of this year include the decentralisation of another 37 posts from the Garda Civilian HR Unit to Navan and 43 posts from the Fixed Charge Penalty Office to Thurles. Consideration is also being given to an advance move of up to 50 posts from the Irish Naturalisation and Immigration Service (INIS) to Tipperary town, subject to the availability of suitable accommodation. By the end of this year, my Department will have moved over 400 posts and will have a presence in all seven decentralised locations.

The net impact on Dublin based posts is broadly neutral. However, in a small number of cases, decentralisation has coincided with changes in policy that have given rise to the creation of additional posts, e.g. the expansion of the Garda Central Vetting Unit to cater for an increased workload, and the establishment of new bodies such as the Private Security Authority and the National Property Services Regulatory Authority.

Garda Deployment.

Thomas P. Broughan

Ceist:

245 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of Gardaí at Coolock, Raheny and Howth Garda Stations for the years 2005, 2006 and to date in 2007; and if he will make a statement on the matter. [19666/07]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Coolock, Raheny and Howth Garda Stations on 31 December, 2005, 2006 and on 3 July, 2007 was as set out in the table hereunder:

Station

31/12/05

31/12/06

03/07/07

Coolock

88

98

110

Raheny

59

69

70

Howth

49

42

41

The personnel strength of the DMR North Division on 31 December, 1997 and on 3 July, 2007 was 577 and 665 (all ranks) respectively. This represents an increase of 88 (or 15.2%) in the number of personnel allocated since that date. 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 the needs of these Garda stations will be fully considered by the Garda Commissioner within the overall context of the needs of Garda Stations throughout the country.

Crime Levels.

Thomas P. Broughan

Ceist:

246 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of headline crimes committed and solved in the J and R metropolitan police districts for the years 2005, 2006 and to date in 2007; and if he will make a statement on the matter. [19667/07]

Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Síochána. The Garda Síochána Act 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, the CSO is now compiling and publishing criminal statistics and has published provisional headline crime statistics for the third and fourth quarters of 2006 and for the first quarter of 2007. In addition, it has compiled and published a series of quarterly and annual statistics for the period starting with the first quarter of 2003. I understand that the CSO are examining how the crime statistics published might be expanded and made more comprehensive.

I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Road Traffic Offences.

Thomas P. Broughan

Ceist:

247 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if he has taken measures to combat the dangers and criminal behaviour of boy racers; if arrests of boy racers have been made in relation to violations of speed limits, car insurance and licences; and if he will make a statement on the matter. [19668/07]

I am informed by the Garda authorities that the matter is currently being researched and a report will be submitted at an early date. I will contact the Deputy again when the report is to hand.

Thomas P. Broughan

Ceist:

248 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the number of cars seized and impounded by the Gardaí for illegal violations in each year from 1996 to date in 2007; the storage capacity held by the Garda for such vehicles in each Garda division; and if he will make a statement on the matter. [19670/07]

I am informed by the Garda authorities that the matter is currently being researched and a report will be submitted at an early date. I will contact the Deputy again when the report is to hand.

Closed Circuit Television Systems.

Thomas P. Broughan

Ceist:

249 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of closed circuit television surveillance systems that have been installed; the number of stations in Dublin which has the technology to monitor, read and print off images from the CCTV; his plans to increase the number of CCTV systems and locations in Dublin; and if he will make a statement on the matter. [19671/07]

I am informed by the Garda Authorities that to date Garda Town Centre CCTV systems have been installed and are operational in the following locations in the Dublin area: Dublin (South Central) — comprising 25 cameras covering Temple Bar, Grafton Street and surrounding areas, with all cameras monitored from Pearse Street Garda Station; Dublin (North Central) — comprising 44 cameras, covering O'Connell Street and surrounding areas, with all cameras monitored from the Garda Office in O'Connell Street; and Dun Laoghaire — comprising 8 cameras covering the main streets in the town and adjoining areas, with all cameras are monitored from Dun Laoghaire Garda Station. Facilities to read and print off video images are available to all Divisional Headquarters within Dublin.

I am committed to the further expansion of the Garda CCTV programme around the country, including in Dublin, and this process is ongoing. An Garda Síochána's plans to provide Garda CCTV systems in Finglas, Ballyfermot, Clondalkin and Tallaght are at an advanced stage. I am pleased to be able to inform the Deputy that under the Community-based CCTV Scheme run by my Department a number of applications from Dublin have been successful and have been awarded capital development funding to install local CCTV systems. These include areas in Tallaght and Clondalkin and the Liberties in Dublin.

Human Rights Issues.

Leo Varadkar

Ceist:

250 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if he will, as a matter of urgency, introduce initiatives to introduce measures to have the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Council of Europe’s Convention on Action Against Trafficking in Human Beings ratified by the Irish Government; if he will enact laws aimed at preventing this human rights abuse, penalising those who engage in it, protecting and rehabilitating those trafficked; and if he will make a statement on the matter. [19680/07]

Legislation creating an offence of recruiting, transporting, transferring to another person, harbouring or knowingly arranging or facilitating the entry into, travel within or departure from the State of a person for the specific purpose of the trafficked person's sexual or labour exploitation or removal of his or her organs is at present being drafted in the Office of the Parliamentary Counsel.

In addition, it is intended that the Immigration, Residence and Protection Bill, 2007 will, upon enactment, provide a framework to deal with immigration related matters arising from the relevant protection provisions in the Council of Europe Convention on action against trafficking in persons. On enactment of these pieces of legislation, which I am treating as an urgent priority within my Department, Ireland will be in a position to ratify the international instruments on trafficking in persons.

Residency Permits.

Bernard J. Durkan

Ceist:

251 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when renewal of IBC/05 permission to remain in the State will issue in the case of persons (details supplied) in County Galway; and if he will make a statement on the matter. [19689/07]

The persons in question were granted permission to remain in the State on 24th February, 2006 for a period of one year, under the revised arrangements for parents of Irish children born prior to 1st January, 2005, commonly referred to as the IBC/05 Scheme.

Applications for renewal of their permission to remain in the State were received by my Department in March 2007 and are currently under consideration. Decisions in respect of both applications will issue in the near future.

Bernard J. Durkan

Ceist:

252 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a decision will be ready in the residency case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [19690/07]

I refer the Deputy to Parliamentary Question No.122 of 29 March 2007 (ref: 12195/07) and the written reply to that Question. The position is unchanged.

Asylum Applications.

Bernard J. Durkan

Ceist:

253 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current, expected or intended residency status in the case of a person (details supplied); and if he will make a statement on the matter. [19691/07]

The person concerned arrived in the State on 21 June, 2002 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 14 April, 2003, that the Minister proposed to make a deportation order in respect of him and afforded him three options in accordance with Section 3 (3) (b) (ii) of the Immigration Act, 1999, as amended, namely to leave the State voluntarily, to consent to the making of a deportation order or to submit, within 15 working days, representations to the Minister, in writing, setting out the reasons why he should be allowed to remain temporarily in the State.

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 28 June 2004, my predecessor refused temporary leave to remain in the State 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 (GNIB), 13/14 Burgh Quay, Dublin 2, on 20 January 2005, in order to make travel arrangements for his deportation from the State. The person concerned failed to present himself as required and was classified as evading his deportation. He should therefore present himself to the GNIB without further delay. The effect of the deportation order is that the person concerned must leave the State and remain thereafter outside the State.

The Deputy might wish to note that, in addition to the eleven factors contained in Section 3 (6) of the Immigration Act, 1999 (as amended), I must, as stated earlier, also have regard for Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement before making a deportation order. This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. My Department uses extensive country of origin information drawn from different independent sources, including the UNHCR, in evaluating the safety of making returns to Angola and other third countries. In this case, I am entirely satisfied that there are no refoulement related reasons to prevent the deportation of the person concerned.

The person concerned is awaiting deportation following a comprehensive examination of his asylum claim and of his application to remain temporarily in the State. I am satisfied that the applications made by the person concerned for asylum and subsequently for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified. The enforcement of the deportation order is now an operational matter for the Garda National Immigration Bureau.

Residency Permits.

Bernard J. Durkan

Ceist:

254 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 15; if the case for review can or will be progressed; and if he will make a statement on the matter. [19692/07]

The person concerned arrived in the State on 01 March 2001 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. She failed to appeal the decision within the specified timeframe therefore the Refugee Appeals Tribunal did not consider her application. Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 8 November 2002, 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:

255 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when residency status will be confirmed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19693/07]

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

In order to register, they must first submit an application, in writing, to remain in the State based on being a family dependant of the parent of an Irish born child who has been granted residency under the IBC/05 scheme. The application should be submitted to Irish Born Child Unit, P.O. Box 10003, Dublin 2 and should be accompanied by the applicant's original passport, original long form birth certificate (translated if not in English), two signed passport size photographs and evidence of dependency. To date, no application in respect of the person in question has been received by my Department.

Bernard J. Durkan

Ceist:

256 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an operation for family reunification in the name of persons (details supplied) in County Dublin; and if he will make a statement on the matter. [19694/07]

I am informed by the Immigration Division of my Department that the person in question made an application for Family Reunification on behalf of his mother in May 2007. He then made a further application on behalf of his wife and child in June 2007.

These applications have been forwarded to the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act 1996. When these investigations have been completed, the Commissioner will prepare and forward reports to my Department. Upon receipt of these reports the applications will be considered and decisions will issue in due course.

At the present time Family Reunification applications are taking approximately 15-18 months to process.

Bernard J. Durkan

Ceist:

257 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will allow a review of the application for family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [19695/07]

I am informed by the Immigration Division of my Department that the Family Reunification applications from the person in question were refused on the 26th June 2007 and a letter outlining the reasons for the refusals issued on the same date. There is no provision under Section 18 of the Refugee Act 1996 to appeal the decision of an application for Family Reunification.

Bernard J. Durkan

Ceist:

258 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied); if he will outline the procedure in such circumstances; and if he will make a statement on the matter. [19696/07]

I am informed by the Immigration Division of my Department that the person referred to by the Deputy should now attend his local Immigration Office, in order to have the appropriate permission to remain endorsed in his passport.

Bernard J. Durkan

Ceist:

259 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in Dublin 6; and if he will make a statement on the matter. [19697/07]

The persons in question applied for permission to remain in the State on the basis of being parents of an Irish child, born prior to 1st January, 2005 in accordance with the revised arrangements announced on 15th January 2005, commonly referred to as the IBC/05 scheme.

A requirement of the revised arrangements was that each applicant parent resided with their Irish born child in the State on a continuous basis since the child's birth. In this case, the child in question was born in the State on 14th January, 2004. The applicant mother left the State with her child in October 2004 and claimed asylum in the U.K. on 9th November, notwithstanding the fact that she had already claimed asylum in this State. She was returned to the State by the U.K. authorities under the terms of the Dublin Convention on 16th March, 2005. Limited evidence was submitted by the applicant father as to his place of residence since the child's birth. However, he cannot have been residing with the child while the child was with his mother in the U.K. The applicants did not meet the criteria for the granting of permission to remain in the State under the revised processing arrangements insofar as continuous residency is concerned and the applications were refused on this basis.

My Department is currently appealing a number of matters related to the IBC/05 Scheme to the Supreme Court. The matters above will be considered further in the light of the findings of the Court.

Bernard J. Durkan

Ceist:

260 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Galway; and if he will make a statement on the matter. [19698/07]

The person concerned arrived in the State on 04 February 2005 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. I refer the Deputy to Parliamentary Questions Nos. 99 of Thursday, 26th April 2007, 200 of Wednesday 22nd November 2006, 93 of Thursday, 9th November 2006, 440 of Wednesday, 27th September 2006 and 240 of Thursday, 25th May 2006 and the written reply to those Questions. The position is unchanged.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999, as amended, she was informed by letter dated 29 December 2005, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State; leaving the State before an order is made or consenting to the making of a deportation order. 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:

261 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [19699/07]

I refer the Deputy to Parliamentary Questions Nos. 99 of Thursday, 26th April 2007, 200 of Wednesday 22nd November 2006, 93 of Thursday, 9th November 2006, 440 of Wednesday, 27th September 2006 and 240 of Thursday, 25th May 2006 and the written reply to those Questions. The position is unchanged.

Bernard J. Durkan

Ceist:

262 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied); the procedure to be followed; and if he will make a statement on the matter. [19700/07]

The person concerned arrived in the State on 17 June 1998 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

In accordance with Section 3 of the Immigration Act, 1999, as amended, he was informed by letter dated 24 October 2000, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State; leaving the State before the deportation order was made or consenting to the making of the deportation order.

Representations were received on his behalf. On 05 April 2001 as an exceptional measure, he was granted humanitarian leave to remain for one year. This has been renewed annually since that date. On 29 June 2007 he was granted leave to remain for a further year until 28 June 2008.

Bernard J. Durkan

Ceist:

263 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to family reunification for persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [19701/07]

I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in October 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation has been completed and the Commissioner has forwarded a report to my Department.

This application will be considered by my Department and a decision will issue in due course. At the present time Family Reunification applications are taking approximately 15-18 months to process.

Asylum Applications.

Bernard J. Durkan

Ceist:

264 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when residency will be confirmed in the case of a person (details supplied) in County Kildare, whose spouse’s status has already been approved; and if he will make a statement on the matter. [19702/07]

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 when I receive the decision of the Refugee Appeals Tribunal, which I am advised was made recently.

Road Signage.

Denis Naughten

Ceist:

265 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the steps he will take to improve the standard of directional signage on the non-national road network; and if he will make a statement on the matter. [19543/07]

Local authorities are responsible for the provision of road traffic signs on non-national roads. However, my Department introduced a 5 year Regional Road Signposting Programme in 2003 with the aim of upgrading directional signposts on all significant junctions on all regional roads in county council areas. In 2007, a sum of €7 million has been provided for this programme.

Local authorities may also use discretionary improvement and block grants towards the cost of providing signposting on non-national roads. In 2007, the discretionary improvement grant allocation to County Councils is €24,998,000 and the block grant allocation to City, Borough and Town Councils is €16 million.

Environmental Policy.

Jimmy Deenihan

Ceist:

266 Deputy Jimmy Deenihan asked the Minister for the Environment, Heritage and Local Government the steps he will take in view of the importance of the environment and built heritage to the tourism industry here to resolve the Galway water crisis, the continuing litter problem and the consideration of Ireland’s built heritage; and if he will make a statement on the matter. [19556/07]

My Department is maintaining close contact with Galway City and County Councils to assist in resolving the current water supply difficulties. The immediate priority is to augment the city's supply from the Tuam Regional Water Supply Scheme to allow the old Terryland Plant, the source of the cryptosporidium outbreak, to be decommissioned as soon as possible.

My Department has also made additional financial and staffing resources available to the Galway local authorities to address short-term emergency measures and to implement the permanent, long-term infrastructural solutions. Galway City has received €825,000 and Galway County Council €356,000 from a funding package of €15 million allocated to local authorities earlier this year to assist with the operational costs of water and sewerage schemes. The amounts allocated to Galway reflect the additional costs to the authorities arising as a result of the outbreak.

Both Councils received sanction in May 2007 for additional engineering and administrative posts to respond to the present situation and to accelerate the provision of new drinking water infrastructure approved under my Department's Water Services Investment Programme 2005-07. The Galway City Water Supply and the Tuam Town Water Distribution schemes are being funded under the Programme at a combined estimated cost of over €48 million and are being advanced with every possible urgency. My Department's Water Services Investment Programme 2005-07 provides for total expenditure of over €451 million on new water and sewerage schemes for Galway City and County.

Under the Litter Pollution Acts 1997 to 2003, primary responsibility for developing and implementing responses to litter lies with local authorities. Every opportunity will continue to be taken by my Department to urge local authorities to enforce the litter laws as rigorously as possible and to pursue litter awareness-raising and education initiatives.

My Department has overall policy responsibility for built heritage, while OPW is responsible for the day-to-day management of certain national historic properties in State ownership/ guardianship.

As part of the substantial annual financial assistance (some €36.724 million in 2007) made available by my Department for the protection of the built heritage, almost €20 million has been allocated in 2007 under the Built Heritage Capital Programme for the carrying out of conservation works at (a) heritage properties in State ownership, (b) certain other properties not in State care, (c) civic structures which are in public ownership or open to the public generally and (d) properties which are on the Register of Protected Structures (RPS) administered by the local authorities. This investment will complement the funding being provided under the Tourism Product Development Strategy 2007-2013 which is being promoted by Fáilte Ireland under the aegis of the Department of Arts, Sport and Tourism.

My Department also funds the Heritage Council to cover its operational costs as well as providing funding for its capital grants schemes and for Heritage Week which is administered by the Council.

Water and Sewerage Schemes.

Jimmy Deenihan

Ceist:

267 Deputy Jimmy Deenihan asked the Minister for the Environment, Heritage and Local Government if his Department has received a renewed Water Services Pricing Policy Report from Kerry County Council in relation to Castle Island sewerage scheme stage two; if the preliminary report will be apparent in the near future; and if he will make a statement on the matter. [19382/07]

Kerry County Council's Preliminary Report for Stage 2 of the Castleisland Sewerage Scheme envisages the upgrading and extension of the sewer network to cater for existing unserviced development and future growth in the town environs for the next 25 years.

Because of the scale of the provision for future development my Department requested the Council, in January 2007, to review, in particular, the scope of the scheme and to consider carrying out the work in a number of phases. Such an approach would reduce the marginal cost to be met by the Council in respect of this upgrading and the Council was also asked to undertake a corresponding review of the Water Services Pricing Policy Report. A response is awaited from the Council.

Water Quality.

Eamon Gilmore

Ceist:

268 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government further to the ruling of 2 June 2005 of the European Court of Justice in Case C-282/02 that Ireland was in breach of Council Directive 91/271/EEC of 21 May 1991 regarding urban waste water treatment, for inter alia not having an authorisation system for discharges from urban waste water treatment plants and other waste water infrastructure, if he will confirm that Ireland is in full compliance with this directive. [19394/07]

Eamon Gilmore

Ceist:

273 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government his reply to the reasoned opinion sent by the European Commission in March 2007 in relation to Commission infringement procedure no. 1997/4409 on Ireland’s failure to respect obligation regarding microbiological standards for drinking water set down in the Drinking Water Directive (80/778/EEC) as well as weaknesses in Irish legislation governing private water supplies; when Ireland formally responded to the Commission’s reasoned opinion. [19414/07]

Eamon Gilmore

Ceist:

274 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government his reply to the reasoned opinion sent by the European Commission in March 2007 in relation to Ireland’s obligation to comply with the European Court of Justice ruling of 2 June 2005 in Case C-282/02 for, inter alia, not having an authorisation system for discharges from urban waster water treatment plants and other waste water infrastructure as required by Council Directive 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment. [19415/07]

I propose to take Questions Nos. 268, 273 and 274 together.

European Court of Justice case C-282/02 concerns Ireland's implementation of Council Directive 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (now Directive 2006/11/EC of the European Parliament and of the Council). One aspect of the judgment in that case was that Ireland was in breach of Article 7(2) of the original Dangerous Substances Directive by failing to make certain local authority discharges subject to authorisation.

Draft regulations providing for a new authorisation regime for all discharges from local authority waste water treatment plants are nearing completion in my Department, in consultation with the European Commission and other relevant interests. I expect to make these regulations, which will also give further effect to the EU Water Framework Directive (2000/60/EC), in the near future.

In relation to the European Court of Justice judgment in Case C-316/00 concerning Ireland's failure to comply with certain micro-biological parameters of Council Directive 80/778/EEC relating to water intended for human consumption, a detailed response, addressing the various points raised in the Article 228 reasoned opinion, issued to the Commission on 23 May 2007.

Waste Management.

Eamon Gilmore

Ceist:

269 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the status of negotiations with the European Commission regarding its assessment of the Irish legislation transposing Directive 2002/96/EC of the Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003; the issues that have been raised by the Commission in its assessment; and when he expects these negotiations to be concluded. [19395/07]

Article 12(2) of Directive 2002/96/EC of the European Parliament and of the Council on Waste Electrical and Electronic Equipment (WEEE) requires Member States to transmit to the European Commission a report on the implementation of this Directive at three-year intervals within nine months of the end of each three year period covered by it. The first of these reports, which are to be based on the questionnaire prescribed by Commission Decision 2004/249/EC of 11 March 2004 (OJ L78 of 16 March 2004, Pages 56 to 59), will cover the period 2004 to 2006. The Commission has yet to raise any issues as the reports are not due to be submitted until the end of September 2007.

Genetically Modified Organisms.

Eamon Gilmore

Ceist:

270 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the reason, at the 2812th Environment Council meeting of 28 June 2007 in Luxembourg, he failed to vote alongside the Belgian, Greek, Hungarian, and Italian delegations against the draft regulation on organic production and labelling of organic products, which did not take up the European Parliament’s amendment No.171 of 22 May 2007, to Article 17(3) of the Commission’s original proposal, which sought to prevent products from being labelled organic if they contained genetically modified organisms, unless they had been contaminated accidentally and even then only up to a threshold of 0.1%, compared to a 0.9% threshold in the Commission’s original proposal. [19396/07]

The political decision on the item referred to in the question was taken at the Agriculture Council on 12 June 2007 following the conclusion of the Council debate on it. It relates to the labelling of organic food, which comes under the remit of the Minister for Agriculture, Fisheries and Food. Under EU procedures, all political decisions are subject to further legal and other processes and, when these are complete, come to the next available Council for formal adoption. These so-called ‘A-List' items are not the subject of further discussion as they are outside the remit of the Environment Ministers. For example, the Environment Council of 28 June also formally adopted decisions on matters such as trade policy, security policy, fisheries and the EU budget.

As Ireland had not opposed the political decision on this specific issue at the Agriculture Council, it would not have been within the remit to have opposed its formal adoption at the Environment Council. The countries that did so were simply confirming the position they had taken previously at the Agriculture Council.

I set out my opposition to GMOs very clearly at the Environment Council when I led the support for Austria's statement on the need to address the safety concerns raised in relation to genetically modified maize.

EU Directives.

Eamon Gilmore

Ceist:

271 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government his reply to the reasoned opinion sent by the European Commission in March 2007 in relation to Commission infringement procedure No.1994/2238 on Ireland’s failure to comply with the Nitrates Directive (91/676/EEC) particularly in relation to the low level of sanctions foreseen for breaches of the rules adopted to give effect to Ireland’s whole territory action programme; if he has followed through on the commitment given to the Commission to amend the enabling legislation and to revise the existing implementing regulations; and when the Government formally replied to the Commission’s reasoned opinion. [19397/07]

I expect to be in a position shortly to make regulations in accordance with the European Communities Act 2007 to provide for increased penalties under the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006. The making of the regulations will facilitate the formal grant by the European Commission of a derogation to Ireland to allow farmers in appropriate circumstances to operate at levels above the prescribed limit of 170 kg nitrogen per hectare per annum in relation to the land spreading of livestock manure. A response to the Reasoned Opinion was issued on 11 June 2007.

Eamon Gilmore

Ceist:

272 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government if Ireland is in full compliance with all its obligations under the EC Environmental Noise Directive on the assessment and management of exposure to environmental noise (2002/49/EC) including the obligation to prepare and forward to the European Commission strategic noise maps by 30 June 2007. [19408/07]

The Environmental Noise Regulations 2006 (S.I. No. 140 of 2006) give effect in Ireland to EU Directive 2002/49/EC relating to the assessment and management of environmental noise. The Environmental Protection Agency is the national authority with overall responsibility for implementing the Regulations. Implementation at local level is a matter for local authorities concerned, Dublin Airport Authority, the National Roads Authority, Iarnród Éireann and the Railway Procurement Agency.

The regulations require the preparation of strategic noise maps for areas and infrastructure falling within defined criteria, e.g. large agglomerations, and major roads, railways and airports. Article 10 of the 2006 Regulations requires certain noise maps, in respect of the largest agglomerations and infrastructure, to be made no later than 30 June 2007. Details of each map must be provided by the noise-mapping body concerned to the Environmental Protection Agency no later than one month after the date on which the map was made. Compliance with these requirements by the noise-mapping bodies concerned is a matter for the agency.

The reporting requirements under the Directive, which are set out in Article 10, are also a matter for the agency under the 2006 Regulations. The first report required under the Directive relates to the strategic noise maps to be made by 30th June 2007 and must be submitted by the agency to the European Commission within six months of that date.

In summary, the time scale for the reporting obligations is that noise maps must be sent to the agency by the end of July 2007 and forwarded to the Commission by the end of December 2007. There is no reason at this stage to believe that these deadlines will not be met.

The noise-mapping bodies will be responsible for making strategic noise maps and action plans available to the public.

Questions Nos. 273 and 274 answered with Question No. 268.

Eamon Gilmore

Ceist:

275 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government his reply to the reasoned opinion sent by the European Commission in March 2007 in relation to Commission infringement procedure 2006/2485 relating to Ireland’s failure to correctly transpose the Landfill of Waste Directive (Council directive 99/31/EC); and the main concerns being raised by the Commission in this case. [19416/07]

The letter of formal notice received from the European Commission concerns a number of technical issues regarding the transposition of the EU Landfill Directive. These matters have been given consideration by my Department and a response has issued setting out Ireland's current position. There has been no further correspondence from the Commission.

Ethics Register.

Eamon Gilmore

Ceist:

276 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the position, under the Local Government Act 2001, of local authority members in County Donegal who have failed to make a declaration to the Ethics Register for 2006; and if he will make a statement on the matter. [19420/07]

Under Part 15 of the Local Government Act 2001, each member of a local authority is required to make an annual written declaration of his or her interests to the authority's Ethics Registrar. Where the Ethics Registrar becomes aware of a possible contravention of any requirement of the local authority ethics framework, he or she is required to bring the matter to the attention of the Manager or Cathaoirleach. The consequences of such a contravention are set out in Part 15 of the Act.

Water and Sewerage Schemes.

Eamon Gilmore

Ceist:

277 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the latest position in regard to proposed sewerage schemes at Burtonport, Bunbeg/Derrybeg and Laghey, County Donegal. [19421/07]

The Burtonport, Gweedore (serving Bunbeg/ Derrybeg) and Laghey Sewerage Schemes are included for funding in my Department's Water Services Investment Programme 2005-07.

Further information has been requested from Donegal County Council to enable my Department to consider the council's preliminary reports for the Burtonport and Gweedore schemes.

My Department approved the Council's Preliminary Report for the Laghey scheme in November 2006. Subject to compliance with the approved cost, the council may advance this scheme to construction without further reference to my Department.

Local Authority Funding.

Denis Naughten

Ceist:

278 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government if he will authorise payment to the chairperson of an organisation (details supplied) and those in similar positions; if his attention has been drawn to the amount of voluntary time involved in the role; and if he will make a statement on the matter. [19440/07]

Under the local authority expenses allowances system, councillors are paid a composite annual allowance that is intended to defray costs actually incurred in attending council and committee meetings, including Joint Policing Committee meetings. Following a comprehensive review, substantial improvements were introduced in the range of financial supports for councillors with effect from 1 January last. These included enhancements of expenses allowances. There are no proposals to introduce further amendments to the system of financial supports for councillors along the lines proposed in the question.

Local Government Reform.

Brian O'Shea

Ceist:

279 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 760 of 26 June 2007, when he will publish the Green Paper on Local Government Reform; and if he will make a statement on the matter. [19501/07]

The Programme for Government contains a commitment to publish a Green Paper on Local Government Reform, which will examine a number of issues in relation to Irish local government, within six months of the Government coming into office.

Heritage Funding.

Denis Naughten

Ceist:

280 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government if he will furnish a full reply to the correspondence (details supplied) regarding heritage funding; when a decision on applications will be made; and if he will make a statement on the matter. [19542/07]

This Department administers a Civic Structures Conservation scheme of grants for the restoration and conservation of buildings of significant architectural heritage merit and which are in public ownership or open to the public generally. The deadline for completed applications for 2007 was 29 March 2007 and 186 applications for over €7 million in total were received. Having regard to the available funding of €1.6 million, grant offers were made in respect of 86 of these applications. All applicants have been notified of the outcome in respect of their project, and a response will be made to the correspondence referred to in the question.

It is intended that this scheme will be an annual scheme so it will be open to the project referred to by the Deputy to submit an application next year.

Turbary Agreements.

Denis Naughten

Ceist:

281 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the plans he has to extend the 10 year derogation which turf cutters have which allows them to cut turf for domestic use on designated bogs; and if he will make a statement on the matter. [19547/07]

Given the importance of Ireland's bogs in European terms and recent evidence that cutting for domestic purposes and related activities is damaging remaining bogs, I have no proposals to extend the derogation beyond 2008 for Special Areas of Conservation and 2014 for Natural Heritage Areas.

Denis Naughten

Ceist:

282 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 998 of 24 April 2007 when a decision will be made on an application; and if he will make a statement on the matter. [19583/07]

A letter of offer issued on 5 June 2007 and contracts have been received from the vendor's solicitors. The case is now with the Chief State Solicitor's Office and will be processed by that office as soon as possible.

Special Areas of Conservation.

Denis Naughten

Ceist:

283 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 1828 of 31 January 2007, when the person will be issued with their top up payment for the purchase of special area of conservation bog; the reason for the ongoing delay; and if he will make a statement on the matter. [19584/07]

The person concerned was informed by letter from the Department dated 12 February 2007 that he is not entitled to any top up payment and the reasons for this. He was further advised that his case could be reviewed on the basis of any title documents, and an appropriately certified map, that he wished to produce in support of his application. No such documents have been received by the Department.

Turbary Rights.

Denis Naughten

Ceist:

284 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 996 of 24 April 2007, when the payment will be made; and if he will make a statement on the matter. [19585/07]

Agreement has been reached in this case to purchase 1.375 acres at a cost of €9,931.25. Payment can only be made once all the conditions of the scheme are met and a satisfactory legal agreement has been reached and executed. When the agreement has been fully executed payment will be made.

Waste Management.

Róisín Shortall

Ceist:

285 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government the steps his Department will take to reduce the over packaging of goods and promote the use of biodegradable packaging. [19626/07]

Article 9 and Annex II of Directive 94/62/EC on Packaging and Packaging Waste provides that packaging may not be placed on the market within the EU unless it complies with specified "Essential Requirements". Firstly, packaging must be prevented so that only the minimum amount necessary is used for the containment, protection, handling, delivery and presentation of goods. Secondly, packaging must be recoverable — either by material recycling, by energy recovery, by composting or by biodegradation.

Packaging material intended to be designated as organically recoverable must be inherently and ultimately biodegradable. The material must be capable of disintegration in a biological waste treatment facility without detriment to the process and should not result in a negative effect on the quality of product. CEN standards for conformity assessment of packaging and packaging waste with the Essential Requirements have been produced and a harmonised European Standard has been adopted and published.

The Programme for Government gives a clear commitment to the implementation of effective waste management policies based on the waste hierarchy which places greatest emphasis on waste prevention, minimisation and reuse. We must further reduce our reliance on landfill and this can best be achieved by focusing in on the upper tier of the hierarchy. The National Strategy Group on Packaging Waste Recycling, which comprises public / private stakeholders such as Repak, IBEC, producers, waste collectors, reprocessors, local authorities, the EPA and my Department, is currently developing a five-year strategy to achieve new higher targets for recovering and recycling packaging waste. Waste prevention and minimisation measures are at the heart of that strategy. It is hoped to have the Strategy completed before the end of 2007.

The Environmental Protection Agency's (EPA) National Waste Report 2005, which was published in January 2007, reported that 925,221 tonnes of packaging waste was generated in that year, up from 850,911 tonnes in 2004 and from 819,863 tonnes in 2003. While the evidence is that the trend over the period 2003 — 2005 in the production of packaging waste was upwards, there has also been a rapid increase in the population of this country, coupled with unprecedented economic growth and a significant rise in single person household occupancy. All of these are contributory factors towards the recent growth in packaging waste arisings.

However, some positive trends have emerged: Ireland has enjoyed considerable success in recent years in meeting targets for the recovery and recycling of this significant waste stream. Data from the EPA show that the 25% recovery target for 2001 set under Directive 94/62/EC on packaging and packaging waste was achieved and also that, with 59.9% recycling of packaging waste in 2005, Ireland has not only exceeded the 2005 recovery target of 50% set under the Directive but has virtually reached the 60% target required by end 2011, a full six years ahead of schedule.

Ireland's recycling rate for packaging waste now compares favourably with many EU countries who have long been regarded as leaders in environmental protection. In this particular area, Ireland was in sixth place amongst EU Member States in 2004 (the latest year for which data across all EU Member States is available), finishing higher than countries like Sweden, France, Denmark and Finland.

My Department actively participated in, and contributed proactively to, discussions at EU level on a new Waste Framework Directive, on which political agreement was reached at the Environment Council meeting which I attended last week. The objectives of the Directive include implementing a more ambitious and effective waste prevention policy in the EU. It will also encourage reuse and recycling of waste in line with the policies outlined in the EU Thematic Strategy on the Prevention and Recycling of Waste. It is likely that legislation will be required to transpose the new waste framework directive into Irish law once the proposed Directive has been formally adopted at EU level.

Decentralisation Programme.

Róisín Shortall

Ceist:

286 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government the number of posts decentralised to date as part of his Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from his Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts. [19654/07]

I refer to the reply to Question No. 554 of 3 July 2007.

The overall approved staffing complement of my Department is 1,298 staff. Following the establishment of an advanced office in Wexford comprising 39 staff on 25 June 2007, there has been a corresponding reduction by 39 staff in my Department's Dublin offices. This has no effect on the approved staffing compliment.

Planning Issues.

Thomas P. Broughan

Ceist:

287 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government his views on the creation of a strategic development zone in the north fringe of Dublin City in view of the lack of comprehensive and sustainable planning in the area; and if he will make a statement on the matter. [19673/07]

Responsibility for the sustainable planning and delivery of development in the North Fringe area is a matter for the relevant local authorities, namely Dublin City Council and Fingal County Council.

The North Fringe Framework Development Plan was prepared by Dublin City Council in 2000 and sets out the objectives for the area, the site context and the urban design framework. In recognition of the scale and importance of the North Fringe development, the Dublin City Manager invited all relevant agencies and groups to sit on a cross-authority/agency Forum, which meets quarterly to monitor progress. The membership includes senior officials of both Dublin City Council and Fingal County Council, representatives of residents' groups and other statutory bodies such as the HSE, the Department of Education and Science, An Garda Síochána, Dublin Bus and Iarnród Éireann.

Under Part IX of the Planning and Development Act 2000, the Government may by Order, on foot of a proposal from the Minister for the Environment, Heritage and Local Government, designate a site or sites as a Strategic Development Zone (SDZ) to facilitate development which is considered, in the Government's opinion, to be of economic or social importance to the State. No proposal for an SDZ for the North Fringe is under consideration.

Waste Management.

Thomas P. Broughan

Ceist:

288 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government if he will report on plans for incineration in the Dublin region; if he has ruled out the possibility of possible sites for an incineration plant in Dublin; and if he will make a statement on the matter. [19674/07]

My Department has no role in the determination of the number, size or location of waste management facilities. Such decisions are taken by local authorities, in the context of the regional waste management plans for which they have statutory responsibility, and by commercial enterprises in relation to private sector facilities, and are subject to the statutory planning and waste licence approval processes.

Planning Issues.

Jack Wall

Ceist:

289 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the mechanism in place where local authorities have encountered problems with developers in relation to reaching agreement under Part 5 Agreement as per the Planning and Development Act 2001; if there is an appeal process that the local authority can follow if a developer refuses to comply with the legislation; and if he will make a statement on the matter. [19681/07]

Part V of the Planning and Development Acts 2000-2006 provides that where an agreement cannot be finalised within 8 weeks of the granting of a planning permission, the applicant or any other person with an interest in the land may, depending on the nature of the dispute, refer the matter either to An Bord Pleanála or the Property Arbitrator for determination.

A planning authority may issue an enforcement notice in connection with non-compliance with a planning permission, including a Part V condition attached to a permission, requiring such steps as it considers necessary to be taken within a specified period. Substantial penalties are provided for on conviction for an offence under the Planning Acts. In addition, planning authorities may refuse permission to any developer who has substantially failed to comply with a previous planning permission.

EU Directives.

Eamon Gilmore

Ceist:

290 Deputy Eamon Gilmore asked the Minister for Communications, Energy and Natural Resources the reason the Government did not make a formal submission in response to the European Commission’s Communication (details supplied) of 24 May 2005 on review of the Scope of universal service in accordance with Article 15 of the Universal Services Directive. [19403/07]

At the time of the review, the resources of my Department were fully engaged on the preparation of the communications regulation legislation which was a priority for both the Department and the Government. In those circumstances, a formal submission was not made to the Commission's review of the scope of the universal service.

The European Commission undertakes a large number of consultations on regulatory issues and it is not always possible to respond to them all.

Eamon Gilmore

Ceist:

291 Deputy Eamon Gilmore asked the Minister for Communications, Energy and Natural Resources if Ireland has complied with its obligations under EC law to prepare and forward to the European Commission by 30 June 2007 an National Energy Efficiency Action Plan on the way to achieve a 9% savings target by 2016 set by the Energy End Use Efficiency and Energy Services Directive. [19404/07]

Thomas P. Broughan

Ceist:

297 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources when he will publish the National Energy Efficiency Plan; the key measures contained in the energy efficiency plan; and if he will make a statement on the matter. [19482/07]

I propose to take Questions Nos. 291 and 297 together.

My Department together with SEI is currently finalising a National Energy Efficiency Action Plan for public consultation which will set out the actions to deliver on the Government's ambitious target of at least 20% improvement in energy efficiency by 2020 reflecting the new EU target set in 2006. Under the Programme for Government and the Energy Policy Framework we have also set a target of 33% for the public sector. I expect to launch this public consultation later this month. In the meantime we will shortly submit to the Commission Ireland's Action Plan as required under the Energy End Use Efficiency and Energy Services Directive specifying the energy efficient improvement measures being taken to reach the 9% Directive's indicative energy savings target by 2016.

Electricity Generation.

John Cregan

Ceist:

292 Deputy John Cregan asked the Minister for Communications, Energy and Natural Resources the situation in relation to a person who wished to provide a five kilowatt generator to produce electricity and found a bureaucratic approach with regulations, planning demands and so on, whereas in contrast there is a generous grant scheme in Northern Ireland; if the matter will be examined; and if he will make a statement on the matter. [19460/07]

The White Paper on Energy Policy and the Programme for Government commits to developing the undoubted potential for distributed generation, as a long term alternative or supplement to the existing centralised system. My Department is already working with all relevant agencies including Sustainable Energy Ireland (SEI), the Commission for Energy Regulation (CER), ESB Networks and the Electro-Technical Council of Ireland, to put in place the appropriate administrative, technical and safety standards and practices to underpin the widespread deployment of micro generation technologies.

Energy Resources.

Thomas P. Broughan

Ceist:

293 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources his key targets for renewable energy in the period to 2030; his targets for electricity based on renewables in the same period; if he will review the Government’s White Paper on Energy in relation to more ambitious targets or policies; and if he will make a statement on the matter. [19478/07]

We have set ambitious targets to increase the contribution of renewable energy by 2020 as set out in the Government's White Paper on Energy Policy and the Programme for Government. The challenges inherent in achieving these targets will require sustained delivery by all concerned. We will be regularly reviewing and reporting on progress in light of technological and other developments and in that context the question of setting further targets for 2030 will be addressed.

The targets should not be seen as a limit on our ambitions but rather a baseline from which further progress can be achieved.

Technology/Market

Target 2010

Target 2020

Biomass including Biofuels

5.75%

10% general 30% co-firing

Electricity

15%

33%

Heat

5%

12%

Thomas P. Broughan

Ceist:

294 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources the percentage of Irish energy demand sourced from imported fuel sources; the amount renewable energy sources contribute to total Irish energy demand; the percentage of Irish energy demand generated through wind, wave, hydro or biomass sources; and if he will make a statement on the matter. [19479/07]

Provisional figures supplied by Sustainable Energy Ireland (SEI) estimate that import dependency during 2006 was 89.7% and that renewable energy resources contributed 3% to total primary energy requirement in 2006.

The dominant use of renewable energy technologies was in the electricity market with an estimated contribution of 8.5% in 2006. Allocated within the wider energy market, by energy resource, the contributions range from 0.42% from hydro, 0.94% from wind and 1.63% biomass. Harnessing wave-power remains in the research phase globally.

Electricity Generation.

Thomas P. Broughan

Ceist:

295 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources the percentage of Irish electricity supply generated through renewable resources; the types of renewable energy that contribute to electricity generation here; and if he will make a statement on the matter. [19480/07]

Provisional figures supplied by Sustainable Energy Ireland (SEI) estimate the contribution from renewable energy resources, including biomass, hydropower and wind-power, at 8.54% of gross electricity consumption in 2006.

Energy Resources.

Thomas P. Broughan

Ceist:

296 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources the amount of biofuels produced here; the percentage of the overall energy demand biofuels supply comprises; and if he will make a statement on the matter. [19481/07]

Definitive statistics for market penetration of biofuels in 2006 are currently being finalised and it is likely that they will be broadly in line with the figure of 0.13% of the transport fuel market, as reported in Ireland's 2005 report to the Commission under Biofuels Directive 2003/30/EC.

The Programme for Government underlines our commitment to the development of an Irish biofuels market and to the development and deployment of bio-energy generally in Ireland. A range of initiatives is already in place to support the development of the biofuels sector.

The 2005 pilot mineral oil tax relief scheme for biofuels has resulted in eight projects being awarded excise relief for a two-year period under the scheme. The Biofuels Mineral Oil tax Relief Scheme II was introduced in 2006, valued at over €200m. Under this scheme sixteen projects have been awarded excise relief to the period 2010. The scheme will enable us to reach an initial target of over 2% market penetration of biofuels by 2008. As a result of this scheme, biofuels are already being mainstreamed in blends of up to 5% at a number of existing petrol and diesel pumps, and higher blends are being sold to identified vehicle fleets. The Government has also introduced a 50% VRT relief on Flexible Fuel Vehicles, which are capable of running on blends of up to 85% ethanol in petrol. These vehicles are now available in Ireland from a number of car manufacturers. The National Climate Change Strategy also commits to a realignment of VRT and Motor Tax to favour more energy efficient cars. The Governments plan to introduce a Biofuels Obligation by 2009, will require all fuel suppliers to ensure that biofuels represent a certain percentage of their annual fuel sales.

Grants for the conversion of diesel engine vehicles to use Pure Plant Oil (PPO) have been made available by Sustainable Energy Ireland (SEI), working with the four companies who were granted excise relief under the PPO category in the Pilot Biofuels Mineral Oil Tax Relief Scheme. The Department of Transport is also funding specific biofuels initiatives and will publish a Sustainable Transport Action Plan later in 2007.

Under the Programme for Government we will introduce a minimum requirement for the use of Biofuels in State-owned and public transport vehicles. We will introduce biofuels in blends of up to 5% in existing Local Authority and CIE fleets and will achieve 30% in new vehicle purchases by CIE.

Question No. 297 answered with QuestionNo. 291.

Telecommunications Services.

Thomas P. Broughan

Ceist:

298 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he will carry out an urgent audit of the MANs; if he will sanction further funding for phase two or three of the MANs without a comprehensive review of the cost and effectiveness of the MANs; and if he will make a statement on the matter. [19483/07]

The metropolitan area networks (MANs) constructed under phase I of the MANs Programme are complete and open for business. They have been handed over to the managed services entity, eNet, who manage, market, operate and maintain Phase 1 of the networks on behalf of the State.

Phase II of the MANs Programme, which involves the construction of about 90 networks is well advanced. A number of MANs are currently under construction and the remainder are in the detailed design stage.

My Department is currently undertaking a value for money and policy review on phase I. The review is being carried out in close co-operation with the Department of Finance. This review, along with other policy analysis being undertaken at present, will help to inform my decisions on future investment in broadband infrastructure.

Post Office Network.

Thomas P. Broughan

Ceist:

299 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources the number of post office units that have closed down since 1 January 2007 and for each of the years 2002 to 2006; and if he will make a statement on the matter. [19484/07]

Post office closures are a matter for the board and management of An Post and one in which I have no statutory function. However, An Post has provided the following information to my Department;

Post Office Closures since January 1st 2007

15 Post Offices

Post Office Closures for each year from 2002 to 2006

Year

2002

2003

2004

2005

2006

Total

21

127

37

35

27

Postal Services.

Thomas P. Broughan

Ceist:

300 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he will introduce a new national postal strategy in view of the full liberalisation of the postal sector in 2009; and if he will make a statement on the matter. [19485/07]

Liberalisation of the mail market in Ireland has already commenced and the European Commission's draft third postal directive proposes that the postal sector is to fully liberalise across the EU on 1 January 2009 subject to political agreement. The draft directive is currently being discussed at Council and the EU Parliament.

The development of the postal market requires the availability of competitive, high quality products, while at the same time maintaining the universal service. The current level of market opening has introduced new players with offerings that meet consumer needs and further market opening will provide additional opportunities for new and existing players. The introduction of further competition allied with a modernised and customer-focussed An Post will provide the basis for the further development of the postal sector here.

In light of these future developments we will keep under review our national postal strategy.

Telecommunications Services.

Thomas P. Broughan

Ceist:

301 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he will review the national broadband scheme to ensure that it will facilitate 100% broadband enablement here; and if he will make a statement on the matter. [19486/07]

The provision of telecommunications services, including broadband, is a matter for the relevant companies operating in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation (ComReg).

The availability of broadband services across the entire country is a key priority for the new Government. The Department of Communications, Energy and Natural Resources has previously undertaken initiatives to address the gaps in broadband coverage. These included providing grant-aid under the recently concluded group broadband scheme and investment in metropolitan area networks (MANs) in over 120 towns and cities under the Regional Broadband Programme (RBP).

Despite Government investment in broadband in the regions through the RBP there are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband connectivity. Accordingly, the procurement process for a new national broadband scheme (NBS) has commenced. This scheme will provide broadband services to areas that are currently unserved and will ensure that all reasonable requests for broadband in unserved areas are met. The estimated timescale for the award of the NBS contract is December 2007, with roll-out of the services due to begin as soon as possible thereafter, subject to agreement with the chosen service provider.

Postal Services.

Thomas P. Broughan

Ceist:

302 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources when he will introduce a system of postcodes; if he will urgently publish the National Postcode Project Board’s feasibility study and cost-benefit analysis on the potential introduction of postcodes; if the report puts a price tag of €80 to €90 million for the full implementation of postcodes; the amount of this that will be financed by the taxpayer; if there will be a general consultation process before a system of postcodes is introduced; the type of postcode system he favours; and if he will make a statement on the matter. [19487/07]

The National Postcode Project Board (NPPB) has presented its recommendation as to the most appropriate postcode system for Ireland, the costs and benefits arising from its introduction along with a detailed implementation plan. As part of its analysis, the NPPB's advisers carried out an extensive consultation with stakeholders both within the postal sector and outside it with a view to arriving at a postcode model that best meets the needs of the stakeholders and measures the likely costs and benefits of the introduction of such a postcode. The upfront cost of establishing a postcode address database, implementing and promoting the postcode has been estimated to cost in the region of €15 million. There would also be ongoing annual maintenance costs but these would be met from revenues generated by the postcode manager.

I am currently considering the issues involved and the next steps.

Energy Resources.

Thomas P. Broughan

Ceist:

303 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he will bring forward legislation to amend the regulatory framework for the proposed new licensing terms for the exploration and production of Ireland’s natural resources; the way he proposes to amend the licensing terms; if he will urgently publish the review by the consultants Indecon on the licensing terms of Ireland’s natural resources; and if he will make a statement on the matter. [19489/07]

I am considering the report of the consultants who were engaged to assist with the review of the licensing regime. My proposals for the future of the licensing regime will be considered by Government in the near future and I will then take appropriate steps to give effect to the decisions taken. It would be my intention to publish the consultants' report after the matter has been considered by Government.

Broadcasting Legislation.

Thomas P. Broughan

Ceist:

304 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources when he will bring forward the Broadcasting Bill, the heads of which were widely discussed in a public eConsultation, by the Joint Committee on Communications, Marine and Natural Resources and in the national media; if the Bill will provide for the continuance of the RTE Authority as the national regulator for public service broadcasting; the additional powers he will confer on the Broadcasting Commission of Ireland; and if he will make a statement on the matter. [19490/07]

The draft general scheme of the Broadcasting Bill was submitted to the Joint Oireachtas Committee on Communications, Marine and Natural Resources in September 2006 for the purposes of public consultation under the eConsultation initiative.

It is proposed to publish the Broadcasting Bill towards the end of this year having considered the Joint Oireachtas Committee's conclusions on the outcome of the eConsultation process.

Broadcasting Licences.

Thomas P. Broughan

Ceist:

305 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he is considering a claw-back mechanism to recover from the State windfall profits which have been generated for individuals by the sale of companies which have been awarded broadcasting licences and valuable Irish spectrum; and if he will make a statement on the matter. [19491/07]

The award of broadcasting licences is, in the first instance, a matter for the Broadcasting Commission of Ireland (BCI). The BCI is charged under the corpus of broadcasting legislation with the orderly development of commercial and community broadcasting services in Ireland.

In late 2003, the Minister for Communications, Marine and Natural Resources initiated a review of the radio licensing framework in Ireland. The issues arising during the course of this review informed the development of the draft general scheme of the Broadcasting Bill. The draft general scheme was submitted to the Joint Oireachtas Committee on Communications, Marine and Natural Resources in September 2006 for the purposes of public consultation under the eConsultation initiative.

Head 67 of the draft general scheme proposes an amendment to section 6 of the Radio and Television Act 1988, to permit the proposed contract awards committee of the Broadcasting Authority of Ireland (BAI), at the direction of the BAI, to consider the amount of any once-off cash bid, periodic cash payment or royalty proposed by an applicant, as one of the selection criteria in a sound broadcasting contract award process. This provision is intended to add to the range of discretionary mechanisms available to the BAI to reduce the likelihood of broadcast contract holders extracting supernormal profits from the sector.

It is proposed to publish the Broadcasting Bill towards the end of this year having considered the Joint Oireachtas Committee's conclusions on the outcome of the eConsultation process.

Telecommunications Regulation.

Thomas P. Broughan

Ceist:

306 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources his views on introducing legislation to incorporate Regtel into ComReg in order to properly regulate the content, promotion and pricing information for all premium rate telecom services; and if he will make a statement on the matter. [19492/07]

I have no plans to introduce legislation for the regulation of the content, promotion and pricing information of premium rate telecommunication services.

The Office of the Regulator of Premium Rate Telecoms Services (RegTel), which is a self-regulatory industry body, already exists to authorise and supervise the content and promotion of premium rate telecommunications services within the Irish market. Self-regulation by the industry is preferable to statutory intervention.

RegTel does not report to me as Minister for Communications, Energy and Natural Resources.

Thomas P. Broughan

Ceist:

307 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he will direct ComReg to investigate and establish precise and reliable statistics regarding the volumes and revenues of international telecom services by all mobile service providers operating here including all termination and roaming rates; if he will also direct ComReg to investigate allegations of collusion by mobile operators in terms of mobile pricing and rates; and if he will make a statement on the matter. [19493/07]

I have no plans to direct ComReg to investigate and establish precise and reliable statistics regarding the volumes and revenues of international telecom services by all mobile service providers operating here including all termination and roaming rates.

Furthermore, I have no plans to direct ComReg to investigate allegations of collusion by mobile operators in terms of mobile pricing and rates.

Thomas P. Broughan

Ceist:

308 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he will bring forward measures to implement a statutory basis for notice of withdrawal to ensure that all operators provide at least 30 days prior notice for the withdrawal of electronic communications services or electronic communications product to an end user; and if he will make a statement on the matter. [19494/07]

Following the passage of the Communications Regulation (Amendment) Act 2007 through the Oireachtas, my predecessor wrote to ComReg requesting that it be made a condition of an authorisation that all operators granting wholesale access to other operators to their networks or products give a minimum period of notice to ComReg of intention to withdraw such access or products. This would enable ComReg to engage with the operators concerned in order to minimise disruption to consumers.

The current position is that ComReg will consult shortly on the possibility of amending the format of the telecommunications general authorisation to provide for notification mechanisms to ComReg and, where appropriate, to end users in the event of significant service disruption. The consultation will also address the possibility of mandating the preparation of suitable contingency plans by all authorised operators to address the risk of operator exit. The general authorisation is the set of standard conditions and rules that all providers of electronic communications networks and services must abide by if they operate in Ireland.

Post Office Network.

Denis Naughten

Ceist:

309 Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the steps he will take to support the maintenance and development of the rural sub-post office network; and if he will make a statement on the matter. [19538/07]

While the development of the post office network is, in the first instance, a matter for the board of An Post, both this Government and the board are committed to the objective of ensuring the continuation of a viable and sustainable nationwide post office network. The recently launched financial services venture, ‘Postbank', will entail the provision of a range of financial services through the post office network, using the An Post brand and other An Post assets. This initiative offers a real opportunity for the growth and development of An Post and the post office network. It is important that the network continues to offer new and enhanced services in order to diversify income streams and reduce reliance on existing contracts.

Electricity Generation.

Olwyn Enright

Ceist:

310 Deputy Olwyn Enright asked the Minister for Communications, Energy and Natural Resources the type of investigations that are due to be carried out by his Department into the second temporary closure at Shannonbridge Power Station; when it will be expected to be re-opened; the guarantees that will be put in place to ensure that these difficulties will not be repeated; and if he will make a statement on the matter. [19594/07]

The operation and maintenance of ESB's power stations is a matter for the company and not one in which I have a function. However, following notification from ESB earlier this month that its West Offaly and Lough Ree peat power plants at Shannonbridge and Lanesboro were experiencing outages on safety grounds, my predecessor requested that the Department's chief energy technical advisor undertake an assessment of the situation. I have received his report which was carried out with full co-operation of the ESB. Given the legal contractual position between ESB and the main contractor, the report is purely factual and does not make any determination as to the reasons for the plant problems. I have asked the chief energy technical advisor to continue to liaise with the ESB on developments.

I am advised by ESB that unexpectedly high levels of corrosion have been found in the 150 MW peat burning West Offaly Power Station at Shannonbridge, County Offaly, and its 100 MW sister plant, Lough Ree Power at Lanesboro. Following investigations, on 1 June 2007 ESB was advised by Foster Wheeler, who built and commissioned the plants, to take West Offaly Power out of service at once for safety reasons. I understand that ESB and Foster Wheeler are working together to resolve the technical problem. Experts have been engaged to study the processes at both plants with a view to finding a long-term solution.

The company assures me it wishes to ensure that these temporary outages last no longer than absolutely necessary but the safety imperative makes it impossible to avoid loss of production while it seeks to solve the problem.

I am also kept informed of any resultant implications for security of supply in relation to electricity. In accordance with their statutory responsibilities, the power generation situation is continually monitored by the Commission for Energy Regulation (CER) and the independent transmission system operator (TSO), EirGrid, and is carefully managed from EirGrid's national control centre to ensure that security of supply standards are met. I am assured that the situation is being carefully managed by EirGrid to ensure that capacity meets demand at all times.

Energy Resources.

Ruairí Quinn

Ceist:

311 Deputy Ruairí Quinn asked the Minister for Communications, Energy and Natural Resources the amount paid to the Exchequer to date in respect of the sale of the Whiddy Oil Refinery and the Bantry storage terminal; the amount which remains outstanding; when he expects same to be paid; and if he will make a statement on the matter. [19607/07]

The Irish National Petroleum Corporation Limited (INPC) business and commercial assets were sold on 16 July 2001. The INPC was paid in full for these assets by the purchaser on 16 July 2001.

A legal undertaking by the purchaser, and its successors, to operate the facilities on a fully commercial basis for at least 15 years was a key element of this transaction.

While the headline payment figure was $100 million (€117 million) for the 2001 transaction, it was always accepted that the net cash return arising from the transaction would be considerably less as the INPC was obliged to utilise most of the proceeds to discharge the company's significant debt (circa €88 million). After taking account of all the company's matured liabilities it was estimated that the INPC would have funds in the region of €30 million.

While the INPC paid €20 million to the Exchequer (2002), the company is not in a position to pay over remaining balances as, under company law, it must retain sufficient assets to meet potential liabilities. The INPC retains rights and obligations under the terms of the sale and purchase agreement (SPA) relating to the 2001 transaction. It is the INPC's responsibility to enforce any INPC rights and defend and/or negotiate any claims made as and when they arise.

I would refer the Deputy to the annual reports and accounts of the INPC, laid before the Oireachtas, for the years 2001 to 2005. The 2006 annual report and accounts will be available in the near future.

Decentralisation Programme.

Róisín Shortall

Ceist:

312 Deputy Róisín Shortall asked the Minister for Communications, Energy and Natural Resources the number of posts decentralised to date as part of his Department’s decentralisation programme; the location of the decentralised posts in each case; the corresponding number of posts that have been reduced from his Department’s Dublin offices to date; and the overall net loss or gain in terms of post numbers as a result of the decentralisation of these posts; and if he will make a statement on the matter. [19649/07]

Seventy three posts have moved to Clonakilty and 33 to Cavan under the Government's decentralisation programme to date. The number of posts in the Department's Dublin offices has been reduced by an equivalent amount.

Electricity Generation.

Thomas P. Broughan

Ceist:

313 Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources if he will provide details on reports that he intends to sanction the decommissioning of the ESB’s Poolbeg plant and the granting of the site to another power company; the value he estimates the ESB’s Poolbeg site is worth; and if he will make a statement on the matter. [19664/07]

Decisions regarding the future of ESB's electricity generating stations are a matter for the board and management of ESB and not one in which I have a direct function. However, disposal of assets are subject to the Department of Finance code of practice for the governance of state bodies. The code of practice sets out the obligations of the company with regard to asset valuation, transparency and competitive tendering processes. The chairman is required to report to me annually on compliance with these obligations.

The board of ESB announced recently its intention to divest four of its power plants, including Poolbeg, in accordance with the asset strategy agreement of November 2006 between the Commission for Energy Regulation (CER) and ESB. The strategy is designed to ensure the progressive reduction in ESB's market share in power generation to around 40% in an all-island market context by 2010. In addition to the expected positive impact on market conditions, it is the case that ESB PowerGeneration will also become more efficient and commercial in the process.

The programme for Government mandates EirGrid to work in consultation with CER to develop a state owned landbank to facilitate new independent generation, including flexible/mid-merit plant. This will complement the release of ESB sites under the CER-ESB agreement this year.

The valuation of the Poolbeg site is a matter for the board and management of the company in the context of any commercial negotiations into which it might enter in its implementation of the terms of the CER-ESB agreement.

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