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Dáil Éireann díospóireacht -
Thursday, 17 Apr 2008

Vol. 652 No. 1

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 7, inclusive, answered orally.

Rural Policing.

Charles Flanagan

Ceist:

8 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his views on the future of rural policing; and if he will make a statement on the matter. [14114/08]

Denis Naughten

Ceist:

47 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the steps he will take to improve rural policing; and if he will make a statement on the matter. [25234/07]

I propose to take Questions Nos. 8 and 47 together.

I am informed by the Garda authorities that engagement with the rural community and rural policing are key priorities of the Garda Síochána. Rural Policing is continually being reviewed and developed and the enhanced liaison structures between Garda Management and Local Authorities through Joint Policing Committees and Community Policing Fora will be of significant benefit to the policing of rural areas.

Detective Inspectors are now appointed in each Division with specific responsibility for the investigation of serious crime in rural areas. The quality of criminal intelligence is continually improving, and, in early 2007, for example, such intelligence resulted in the identification of a Cork-based gang targeting the elderly in rural areas of Cork and Limerick. A number of persons are currently before the Courts arising from this.

In order to enhance rural policing a number of initiatives have been implemented in Garda Divisions nationally. Checkpoints are held at strategic locations in rural areas to detect criminals travelling to commit crime outside the areas they reside in and to prevent the commission of crimes and offences.

Crime Prevention Officers are available to offer crime prevention and security advice to residential and business groups and regularly provide such advice through local media outlets, newspaper and radio broadcasts. In addition, residents in rural areas are encouraged to establish and rejuvenate Community Alert Schemes assisted by members of local Community Policing Units.

Staffing levels at Garda stations are monitored by local Garda management to ensure that adequate coverage is provided and where vacancies arise within the rural community they are filled as expeditiously as possible to ensure continuity in the service being provided by An Garda Síochána to the local community.

Initiatives under Operation ‘Anvil' have been implemented in every Garda District in the country incorporating special crime prevention and detection patrols in rural areas which have been identified as being particularly vulnerable to crime. Patrol times are varied in order to maximise coverage in such areas.

In conjunction with Muintir na Tire, I launched the Community Alert Strategy document for 2007-2011 on 26 October 2007. This new strategy document will be distributed nationwide to all Garda stations and Community Alert Groups and will provide advice on how the Community Alert programme can be implemented over the next five years.

It is of course the responsibility of the Garda Commissioner to decide on the prioritisation and allocation of resources within the Force. Against this background, he is currently reviewing arrangements within the Garda Síochána for urban and rural community policing. I very much welcome this, and I look forward to its outcome and to receiving the Commissioner's proposals for the future development of community policing in Ireland.

Liquor Licensing Laws.

Ruairí Quinn

Ceist:

9 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform if he will use the powers available to him under Section 22 of the Intoxicating Liquor Act 2003 to provide for the traceability of alcohol sold for consumption off premises; and if he will make a statement on the matter. [14068/08]

The position is that section 22 of the Intoxicating Liquor Act 2003 provides for the making of regulations specifying particulars to be affixed to containers in which intoxicating liquor is sold for consumption off licensed premises which are adequate to enable the licensee and the licensed premises concerned to be identified.

However, while the labelling of containers in which alcohol is sold with a view to combating under-age consumption is an attractive idea, significant challenges would need to be overcome in order to render it effective in practice. These challenges arise under two headings.

Firstly, practical difficulties will arise at retail level where several individual containers are packaged together for sale, e.g. an enclosed six-pack of bottles; a plastic-wrapped tray of cans; or a wooden box containing bottles of wine. This raises the important issue of whether the label could be attached earlier in the supply or distribution chains rather than at the point of sale. Attaching labels to containers at an earlier stage might be simpler but it would create logistical difficulties for importers and distributors and lead in turn to increased distribution costs. Moreover, in the case of imports from EU countries, such additional labelling requirements could be regarded as infringing internal market rules relating to free movement of goods.

Secondly, from an enforcement perspective it is clear that possession by an underage person of a labelled container will not in itself constitute proof that the alcohol in the container has been illegally supplied to that person by the licensee whose particulars appear on the container. It may have been taken from the family home or have been sold to a person over the age of 18 in good faith before being passed on to the underage person. Also, it would be naive to overlook the possibility of labels being removed, or rendered non-legible, after sale. The possible transfer of the alcohol from a labelled container to another unmarked container cannot be ruled out either.

Issues relating to the evidential value of being found in possession of a labelled container were raised during consultations on implementation of section 22 of the 2003 Act and the matter was subsequently raised with the Office of the Attorney General. That Office has expressed serious doubts about the evidential value of possession of a labelled container and doubt is, therefore, cast on the utility of any regulations that might be made under section 22 of the 2003 Act.

One option that could possibly be considered in the context of future legislation would be a presumption that any alcohol container found in the possession of an under-age person had been purchased by that person from the licensee identified on the container until the contrary was proved. However, the Attorney General's Office has also advised that such a proposal would raise serious constitutional issues and would run the significant risk of being found to be inconsistent with Article 38 of the Constitution.

For these reasons, I do not intend to make regulations under section 22 of the 2003 Act at this time. I will, however, give serious consideration in the context of future legislation to any reasonable and workable proposal that would deal with this matter without giving rise to the difficulties that I have outlined.

Proposed Legislation.

Jim O'Keeffe

Ceist:

10 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform his proposals for a judicial council to deal with complaints regarding judicial misbehaviour; and if he will make a statement on the matter. [14002/08]

As I indicated in my reply to an earlier question on the same topic on 31 January last (No. 224), work on the scheme of the Judicial Council Bill to build on the report of the Committee on Judicial Conduct and Ethics is at an advanced stage of development in my Department.

Consultations on the proposed Bill have, as is usual in the development of any legislative proposals, taken place with the Office of the Attorney General. It was also considered prudent, given the particular nature of the subject, to consult with the Chief Justice.

Following contacts with the Chief Justice a working group has now been established to advance the Bill. The Group comprises a nominee each of my Department and of the Chief Justice. I am confident that this approach will ensure that the details of the proposed Bill can be finalised in the reasonably near future.

Crime Levels.

Brian O'Shea

Ceist:

11 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used in respect of each year from 1998 to date in 2008; the number of such cases in which prosecutions for murder were initiated; the number of such cases where convictions were secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [14064/08]

The information requested by the Deputy concerning the numbers of cases of murder recorded in which firearms were used in each year from 1998 to date in 2008, the number of prosecutions initiated and the number of convictions secured is set out in the table below. Figures provided for 2008 are provisional, operational and liable to change.

The detection rate for murders by its nature increases overtime as Garda investigations progress. It is expected that in respect of each year the number of convictions obtained will increase as Garda investigations are concluded and the number of proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder. Furthermore such persons charged and brought before the courts may be convicted of offences other than murder.

The House will be aware that there can be considerable difficulties for the Garda in obtaining evidence in shootings which are the result of gangland activities. This arises not least because none of the associates of such victims will co-operate with the Garda investigation. Nevertheless, the Garda are determined to pursue rigorously all killings, whatever their background. In this context I would refer specifically to measures which the Commissioner has introduced to strengthen the investigation of crime.

The number of murders recorded in which a firearm was used, proceedings commenced and convictions for the years 1998 to 2007 and in 2008 up 11 April

Year

Recorded

Detected

Proceedings Commenced

Convictions

2008

9

3

3

0

2007

20

6

2

0

2006

26

7

5

2

2005

22

5

2

2

2004

8

7

4

3

2003

19

10

3

1

2002

10

5

3

1

2001

9

5

2

1

2000

12

7

3

1

1999

12

7

7

5

1998

4

3

2

1

Figures provided for 2008 are provisional, operational and liable to change.

Drugs in Prisons.

John Perry

Ceist:

12 Deputy John Perry asked the Minister for Justice, Equality and Law Reform if he is satisfied that sufficient drug free landings are available in prisons here in view of the danger of prisoners developing drug addictions in prisons; and if he will make a statement on the matter. [14139/08]

I am committed to ensuring that all prisons are drug free in line with the commitments contained in the Irish Prison Service Drugs Policy and Strategy and I will continue to pursue strategies to achieve that objective. Drugs have a pernicious effect both on prisoners and on the prison system itself and they must be eradicated. However, this is not a problem that can be solved overnight.

One of the strategies adopted in progressing towards drug free prisons has been the introduction of drug free units. They are currently operating in the following prisons: Wheatfield Prison; St. Patrick's Institution; Castlerea Prison and Mountjoy Prison. There is also an intensive detox programme in operation in Mountjoy Prison. Allied to this the Training Unit, Arbour Hill Prison, Loughan House and Shelton Abbey are regarded as drug free institutions. The operation and consideration of the expansion of such facilities is a matter kept under constant review by the Irish Prison Service.

The Irish Prison Service Drugs Policy and Strategy, entitled Keeping Drugs out of Prison was launched in May 2006. For those prisoners who have given up drugs, and those who do not misuse drugs, the policy provides for the establishment of Voluntary Drug Testing Units within each closed prison. This allows prisoners to reside in an environment that has enhanced supports to maintain their drug free status. For many offenders, prison provides the first opportunity to escape from the terrible cycle of drug abuse. Drugs awareness courses and other interventions to highlight the detrimental effects of drug use and encourage prisoners to adopt or maintain a drug free lifestyle are also provided. The Irish Prison Service is also enhancing the range of treatment options for those who are addicted to drugs.

I am fully committed to supporting the provision of drug free units and to encouraging prisoners to develop a responsible attitude to drugs, both while in prison and following release as outlined in the Strategy.

The Prison Rules 2007, which took effect from 1 October 2007, include specific provision for mandatory drug testing. Mandatory drug testing provides information on trends in drug misuse, enables the identification and referral of drug abusers to treatment programmes, enables enhanced focusing of resources and acts as a deterrent to drug misuse. Mandatory drug testing will also serve to provide important information to prison management that will contribute significantly to decision-making in relation to the management of individual prisoners' sentences.

With regard to supply elimination, the implementation of the Policy and Strategy has seen an intensification of efforts to eliminate the availability of illicit drugs within prisons. In addition to the introduction of mandatory drug testing, other elements include enhancement of CCTV, utilisation of video scope camera cell search and enhanced security generally. Also, new visiting arrangements are in place in almost all closed prisons whereby only persons who have been nominated by the prisoner and pre-approved by the Governor are permitted to visit.

Facilities for screened visits have been installed in all closed prisons. In accordance with the Irish Prison Service Drugs Policy and Strategy, prisoners in respect of whom the Governor is satisfied that there is no risk of contraband being passed may be facilitated with open visits. Prisoners who are caught receiving drugs or who test positive for drugs will be facilitated with screened visits only.

As regards enhanced security, the Deputy will also be aware that in 2007 I secured sanction for an additional 155 staff to implement a range of security measures, coordinated nationally by a dedicated Governor, aimed at keeping contraband out of our prisons. These measures include:

the establishment of a drug detection dog service within the Irish Prison Service;

the establishment of Operational Support Units in each prison dedicated to, and developing expertise in, searching and gathering intelligence; and

the introduction of enhanced security screening and searching of all persons (visitors and staff) entering our prisons.

With regard to demand elimination and treatment for prisoners with drug problems, the policy and strategy provides for a comprehensive range of treatment options. Drug rehabilitation programmes for prisoners involve a significant multidimensional input by a diverse range of general and specialist services provided both by the Irish Prison Service and visiting statutory and non-statutory organisations. The programmes seek to reduce the demand for drugs within the prison system through education, treatment and rehabilitation services for drug-addicted prisoners. Particular initiatives include, inter alia, the provision of detoxification, methadone maintenance, education programmes, addiction counselling and drug therapy programmes.

The strategy mentioned above sees existing drug treatment programmes being expanded and enhanced with the further recruitment of nurses, psychologist and 24 dedicated addiction counsellors, as well as other staff including prison officers. The expansion of these services is being achieved in partnership with community based services and will see a significant improvement in the range, quality and availability of drug treatment service in the prisons.

I am committed to ensuring that all prisons are drug free in line with the commitments contained in the Irish Prison Service Drugs Policy and Strategy.

Organised Crime.

Joe Carey

Ceist:

13 Deputy Joe Carey asked the Minister for Justice, Equality and Law Reform the plans he has in place to deal with the unwelcome development in the recent arrests of younger teens for serious crimes carried out on behalf of organised gangs. [14149/08]

I am informed by the Garda authorities that they believe criminal groups or individuals are using young people in Limerick City to facilitate the commission of serious criminal acts. I condemn the manipulation by criminal gangs of young people in this way. This issue is of particular concern in relation to gang related criminal activity in Limerick.

Addressing gang and feud related criminal activity has been central to policing Limerick City for some time. Particular areas of the city are intensively policed, with additional resources being deployed in particular areas at short notice by Garda management, on the basis of intelligence received. Additional resources are also being deployed on community policing.

Substantial Garda resources under Operation Anvil have been provided in Limerick in recent months. Garda initiatives are continually undertaken to target the activities of criminal elements in the city. These initiatives have had significant results, including the seizure of significant quantities of drugs.

Regardless of age, it is already an offence to incite another to commit a crime. The crime of incitement stands alone and does not depend on whether a substantive offence was committed. It is punishable by imprisonment and/or a fine with the duration and amount at the discretion of the court. Furthermore, the Criminal Law Act 1997 provides that any person who aids, abets, counsels or procures the commission of an indictable offence is liable to be tried as the principal offender.

My colleague the Minister for Children recently launched the National Youth Justice Strategy for 2008-2010. It is based on the principles of the Children Act 2001, as amended, and the Government's decision to reform the youth justice area.

The purpose of this Strategy is to develop a co-ordinated approach among agencies working in the youth justice system over the next three years. The Strategy acknowledges that the youth justice system is but one component in a broader community based approach for preventing youth offending that takes account of the wider family and social issues which need to be addressed by a number of agencies.

There is close liaison between an Garda Síochána and other Government and non-Government agencies in a multi-agency approach to address the wide range of social and economic problems experienced by people in certain areas of Limerick, including those relating to young people.

Jury Service.

Michael D'Arcy

Ceist:

14 Deputy Michael D’Arcy asked the Minister for Justice, Equality and Law Reform if in view of the Government’s efforts to eradicate discrimination, he has plans to remove the age bar or to give persons aged over 70 the option to put themselves forward for selection for Jury service if called to do so; and if he will make a statement on the matter. [14153/08]

Aengus Ó Snodaigh

Ceist:

607 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the steps that will be taken to address the perceived discrimination that allows people over the age of 70 to give expert testimony in courts, yet they can not serve on juries; and his views on bringing in amending legislation to allow for older people to serve on juries. [14507/08]

I propose to take Questions Nos. 14 and 607 together.

Under the law as it stands, the Juries Act 1976 provides that every citizen aged 18 years or upwards and under the age of 70 years is qualified and liable to serve as a juror. Persons excusable from jury service as of right include those aged 65 years or upwards and under the age of 70 years. Prior to the Act of 1976 the upper age was 65 years.

I am currently considering the removal of the upper age limit for jury service. The changes I am considering would allow for persons aged over seventy years to be called for jury service but would retain the right of excusal for persons over the age of sixty-five who wish to avail of it.

I will of course have to consult with my Cabinet colleagues on the matter. I cannot pre-empt the outcome of such consultations but if Government approval were to be given to proceed with the amendment, the Civil Law (Miscellaneous Provisions) Bill 2006 could provide a mechanism by which to introduce it. That piece of legislation already makes a number of amendments to the Juries Act 1976 and is currently awaiting Committee Stage in Seanad Éireann.

Liquor Licensing Laws.

Willie Penrose

Ceist:

15 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he has received the report of the Alcohol Advisory Group; the main recommendations of the report; when it is intended to publish the report; and if he will make a statement on the matter. [14069/08]

Seymour Crawford

Ceist:

555 Deputy Seymour Crawford asked the Minister for Justice, Equality and Law Reform further to a previous parliamentary question, if he has received the report from the Government Alcoholic Advisory Group; if so, when it will be published; when the relevant legislation will be put in place to activate its recommendations; and if he will make a statement on the matter. [13974/08]

I propose to take Questions Nos. 15 and 555 together.

I intend to bring the contents of the Report of the Alcohol Advisory Group to the attention of Government in the very near future and, at the same time, seek Government approval of my proposals for the implementation of recommendations contained in the Report.

As the Deputy is aware, the Group was asked to examine the following areas of concern:

the increase in the number of supermarkets, convenience stores and petrol stations with off-licences and the manner and conditions of sale of alcohol products in such outlets, including below unit-cost selling and special promotions;

the increasing number of special exemption orders which permit longer opening hours which are being obtained by licensed premises around the country; and

the use, adequacy and effectiveness of existing sanctions and penalties, particularly those directed towards combating excessive and under-age alcohol consumption.

I also intend to publish the legislation during the current session and, with the assistance and cooperation of both Houses, to have it enacted before the Summer recess.

Prison Education Service.

Billy Timmins

Ceist:

16 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform if he will extend the linkage programme to all prisoners prior to their release from prison; and if he will make a statement on the matter. [14137/08]

I can inform the Deputy that the Linkage Programme is a National training and employment initiative designed to create a link between employers and ex-offenders. It was established in February, 2000, and is funded by my Department, under the National Development Plan, as a joint project between Business in the Community Ireland (BITC) and the Probation Service. In the current year the Linkage Programme is being funded by my Department in the amount of €1,520,000. A further €185,614 has been approved by the Dormant Accounts Fund for the Programme to be expended during the period July 2007 to October, 2008.

The Linkage Programme in partnership with both the Probation Service and the Irish Prison Service makes a significant contribution towards preparing offenders for employment prior to and following release from prison. The ultimate objective of the Linkage Programme is to assist the ex-offender re-integrate into the working community by facilitating participants to make a range of informed choices from which a career path is agreed which is realistic, achievable and sustainable.

I can inform the Deputy that between February 2000 and December 2006 over 5,000 referrals were made to the Linkage Programme by Probation Officers which included 1,288 direct referrals from prisons and places of detention.

Furthermore, during 2006, the Irish Prison Service (IPS) secured Dormant Accounts Funding (DAF), under the economic and social disadvantage measure, for projects focused on the provision of employability supports for prisoners and ex-prisoners. A significant allocation from this funding measure has been utilised to engage Training and Employment Officers (TEOs), employed by the Linkage Programme, who are based on a full-time basis in the Mountjoy and Midlands' campuses for a 15 month pilot period. The effectiveness of this pilot will be independently evaluated during the course of this year. Consideration will then be given to whether the service, within the two campuses, will be funded on a long term basis and, indeed, whether the model of service delivery should be extended to other prisons throughout the country.

In addition to the foregoing, a network of 19 Training and Employment Officers employed by the Linkage Programme are based in Probation Service centres across the country. I can advise the Deputy that TEOs have always provided, an in-reach service to prisons in their respective areas of responsibility. Furthermore, some TEOs are designated to the prison-based Probation Service staff and one TEO is based 3 days per week in Wheatfield Prison. I am pleased to say that in the current year additional funding has been provided by my Department under the National Development Plan to increase the number of Training and Employment Officers by two, bringing the total to 21, to further enhance the important and valuable work being provided by the Linkage Programme.

The initiative will be kept under review and further expansion of the scheme will be considered having regard, inter alia, to the findings of the evaluation on the current pilot programme.

Departmental Inquiries.

Joan Burton

Ceist:

17 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform when he will publish the report of the Hartnett Inquiry into the death of a person (details supplied); the reason the report has not been published; if it is intended to publish the report in full; and if he will make a statement on the matter. [14043/08]

I welcome Mr Hartnett's report which constitutes a detailed and independent examination by an eminent and experienced senior counsel of the circumstances surrounding the arrest and detention of Brian Rossiter. I accept the findings of the Inquiry.

I have been advised that publication of the report in full is not possible for legal reasons. Instead I published a comprehensive summary last Friday containing extensive extracts from it, which will I hope, facilitate a clear understanding of the events leading up to the tragic death. Copies of the summary have been placed in the Oireachtas library and it is also available on my Department's website (www.justice.ie).

The Coroner's Inquest is underway at present and I was advised that I could offer her a copy of the full report on a confidential basis. She accepted that offer. I have also given a copy of the full report to the family (within the context of ongoing civil litigation against the State), to the DPP and the Garda Commissioner. I am constrained in any further remarks which I might wish to make by the fact that the Inquest is ongoing and by the afore-mentioned civil litigation, but clearly the findings of the report will have to be carefully considered to see if there are any lessons to be learned in dealing with any such cases in the future.

Proposed Legislation.

Jan O'Sullivan

Ceist:

18 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform when he expects the Government’s promised legislation on same sex unions will be published; the reason the heads of the Bill have not been published, despite undertakings given in October 2007 that this would be done by the end of March 2008; and if he will make a statement on the matter. [14062/08]

My proposals for the Scheme of a Civil Partnership Bill were circulated to Government Departments on 14 March, 2008, and are at present the subject of consultations with the relevant Departments and the Attorney General. They will shortly be formally submitted to Government after which the Scheme of the Bill will be published.

I stated in the Dáil on 31 October, 2007, that I would bring forward proposals for a Scheme of a Bill at the end of March 2008 and I have met that deadline.

Kathleen Lynch

Ceist:

19 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform when he expects to publish the promised Property Services Regulatory Authority Bill; if the Bill will include provisions to regulate the operation of management companies; and if he will make a statement on the matter. [14055/08]

The Government Legislative Programme published on 1 April 2008 provides for publication of the Property Services Regulatory Authority Bill during the current Dail session.

The position regarding property management companies is that the Law Reform Commission published a Consultation Paper on Multi-Unit Developments in December 2006 which identified problems relating to the structure and governance of property management companies and the manner in which company law currently applies to them.

The Law Reform Commission has indicated that it will publish, as soon as possible, its Report on Multi-Unit Developments which, following an extensive consultation process, will contain definitive reform proposals concerning the regulation and governance of property management companies. The Government has already directed that early action be taken by the relevant Departments to address the Commission's recommendations; the types of action to be taken will, of course, be dependent on the form that the recommendations take.

A high-level interdepartmental committee, under the chairmanship of my Department, comprising representatives of relevant Departments and Offices has been established to assist in the development of a coherent and comprehensive response to the problems arising in relation to multi-unit developments. A key task of this committee will be to identify the legislative and other actions to be taken in response to the Commission's reform recommendations and to determine a timescale for their implementation. This committee is reporting to a Cabinet Committee whose membership comprises the Ministers for Justice, Equality and Law Reform; Environment, Heritage and Local Government; Enterprise, Trade and Employment and the Attorney General.

Frank Feighan

Ceist:

20 Deputy Frank Feighan asked the Minister for Justice, Equality and Law Reform if he will introduce legislation to enhance the rights of homeowners in respect of defending their homes; and if he will make a statement on the matter. [14117/08]

The Deputy will be aware that the Government's Legislative Programme includes a proposed Criminal Law (Defence of Life and Property) Bill, the drafting of which the previous Government approved in March 2007. The Deputy may also be aware that this important issue is currently being examined by the Law Reform Commission as part of its consideration of the issue of defences generally, in the context of the criminal law. The Law Reform Commission published a Consultation Paper on the subject of Legitimate Defence in November 2006. This Paper formed the basis for discussion and further consideration of the issues and consultation with interested parties. I understand that this consultation process has been completed and work on the writing of a Report on the topic is underway. In its Consultation Paper, the Law Reform Commission gave considerable attention to the question of the application of legitimate defence in relation to attacks on property and on the person in the home dwelling and on the curtilage of the home.

It is my understanding that, following a detailed consultation process, the Law Reform Commission intends to publish a single Report dealing with three related areas of the criminal law namely: provocation, duress and necessity and legitimate defence. I am told that this Report is now expected to be published by the end of this year or early in 2009. It is my intention to await the Commission's findings and recommendations in relation to the issue of the application of legitimate defence in the context of defence of the home dwelling, and to undertake a comprehensive assessment of the matter at that time, before deciding on whether there is a need to proceed with legislation on the issue.

Garda Equipment.

Caoimhghín Ó Caoláin

Ceist:

21 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the position regarding the development of a secure digital radio system for An Garda Síochána; and the reason for the long delay in introducing this essential policing tool. [13993/08]

Ulick Burke

Ceist:

43 Deputy Ulick Burke asked the Minister for Justice, Equality and Law Reform the progress made in respect of the national roll out of a digital radio facility for An Garda Síochána; and if he will make a statement on the matter. [14126/08]

I propose to take Questions Nos. 21 and 43 together.

Following the completion of a pilot Digital Radio project by the Garda authorities, a decision was taken to procure a single nationwide digital radio service for use by the Garda authorities, other emergency services and non-commercial State bodies. This enables economies of scale as well as allowing for inter-agency communication in the event of major incidents or cross agency operations. Following completion of the tender processes by the Department of Finance a preferred bidder, TETRA Ireland Ltd, was selected. In order to ensure that the preferred bidder demonstrate its capability to deliver this key service for the emergency services, both from a technical and organisational perspective, a service performance evaluation covering a significant part of the Dublin Metropolitan Region and surrounds, including Dublin Port and the Airport, was carried out and completed satisfactorily late last year.

In parallel with the performance evaluation, detailed and intensive contract negotiations have been taking place between the Department of Finance and the preferred bidder. I understand these negotiations are virtually finalised and that the contract will be signed very shortly. I am also advised that preparation and planning by the Garda authorities is well advanced and implementation will closely follow the rollout of the infrastructure by the preferred bidder. The entire nationwide rollout is expected to be completed over a 2 year period.

I might add that the Garda authorities continue to maintain its existing radio infrastructure including the digital radio system servicing significant parts of the Dublin Metropolitan Region and its analogue systems throughout the country.

Criminal Prosecutions.

P. J. Sheehan

Ceist:

22 Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform the number of convictions that have taken place under Part 9, Section 46, of the Criminal Justice Act 2007, which concerns the possession of an article intended for use in connection with certain offences; and if he will make a statement on the matter. [14157/08]

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 since the third quarter of 2006.

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

Garda Operations.

Arthur Morgan

Ceist:

23 Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform the general approach to policing the situation in Limerick; and if he is satisfied that there are adequate numbers of gardaí on the ground in the estates suffering the worst levels of crime there. [13996/08]

Pat Rabbitte

Ceist:

89 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform his proposals to deal with the continuing problem of inter-gang violence, particularly in the Limerick area; and if he will make a statement on the matter. [14038/08]

I propose to take Questions Nos. 23 and 89 together.

The Garda will continue to police Limerick to meet the challenges posed by the activities of gangs and organised crime. The Commissioner is adopting a hard policing approach and has deployed a unit from the Emergency Response Unit on a 24 hour basis. The ERU team is under the supervision of local Garda management and is operating through patrolling and checkpoints. The ERU deployment is providing support for regular policing activities and at the same time provides reassurance to the law abiding communities of Limerick.

The areas most affected by criminal activity are intensively policed, with additional resources, both armed and uniform, being deployed at short notice depending on intelligence received or in response to incidents involving feuding factions. The operation of the gangs in these areas are kept under constant surveillance. Currently armed patrols exclusively cover the most affected areas of the city on a 24 hour basis.

Initiatives under Operation Anvil are also in place within the Division supported by the National Support Services, including the National Bureau of Criminal Investigation, the Air Support Unit and the Criminal Assets Bureau.

Offenders and gang members are actively monitored on a daily basis, and a considerable volume of intelligence has been gathered. Targeted, intelligence-led operations are aimed at curbing their activities, seizing their property and removing illicit drugs from the street. The intensity of the Garda operation is reflected in the fact that 70 firearms of all types and calibres were recovered in Limerick Division in 2007 and 15 to date in 2008. In addition a number of significant drug seizures have been made.

Considerable resources will continue to be put into containing and pursuing this gang activity. An additional 70 officers have been deployed to Limerick in the last twelve months, bringing the total strength there to 602 — the highest number ever deployed in the Limerick Division. By comparison, at the end of 1997 there were 423 personnel — an increase of 42%.

At the same time, the Gardaí are committed to the community policing ethos. Almost 80 officers are dedicated exclusively to community policing patrols, particularly in the areas of highest concern. These patrols are undertaken on foot or mountain bike, an initiative which is regarded locally as being extremely successful.

Limerick City has a very active Joint Policing Committee, where there is very close co-operation between the Gardaí and local elected representatives.

The Government is also very aware of the broader considerations and the urgent need to tackle the concentrations of disadvantage and deprivation which exist in Limerick. Following the Fitzgerald Report on addressing issues of social exclusion, the Limerick Southside and Northside Regeneration Agencies launched ambitious vision statements for the regeneration of disadvantaged areas of Limerick, in particular, Moyross, Southill and O'Malley Park, earlier this year after a wide consultation process. Their plans provide a blueprint for action on an unparalleled scale which will lift the areas out of the cycle of despair and disadvantage which characterises them currently.

I have been assured by the Garda Commissioner of his personal commitment to providing in 2008 the Garda resources recommended in the Fitzgerald Report.

An Garda Síochána will continue to respond appropriately and forcefully to the developing situation in Limerick, and will have the full support of the Government in doing so. The Government is at the same time committed to tackling the roots of deprivation and exclusion, not only because it is the proper thing to do, but also because it will help remove some of the motivators of the kind of unacceptable behaviour we are seeing.

Garda Deployment.

Tom Hayes

Ceist:

24 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the number of community police working in communities here in each county; his plans to expand the number of community police; and if he will make a statement on the matter. [14152/08]

As of 31 March 2008, the latest date for which figures are readily available, there were 674 members of the Garda Síochána assigned to community policing. This represents 4.84% of the total strength of the Force of 13,900 on that date. These figures are broken down by Division in the following table.

The Deputy will appreciate that, as with any large organisation, on any given day the overall strength of the Force may fluctuate due, for example, to retirements, resignations etc.

While these are the numbers of Gardaí specifically assigned to community policing, it is of course the case that all Gardaí have a role to play in addressing community policing issues. In that sense, community policing involves far more than a single unit within the Garda Síochána, and I agree with the view of the Garda Inspectorate, expressed in its most recent report, that community policing is a fundamental policing philosophy and that there is a strong foundation for it in Ireland.

It is of course the responsibility of the Garda Commissioner to decide on the prioritisation and allocation of resources within the Force. Against this background, he is currently reviewing arrangements within the Garda Síochána for community policing. I very much welcome this, and I look forward to its outcome and to receiving the Commissioner's proposals for the future development of community policing in Ireland.

Divisions

Community Policing

Carlow/Kildare

4

Cavan/Monaghan

1

Clare

4

Cork City

28

Cork North

1

Cork West

5

D.M.R. East

54

D.M.R. North Central

69

D.M.R. North

70

D.M.R. South Central

80

D.M.R. South

50

D.M.R. West

88

Donegal

20

Galway West

19

Kerry

7

Laois/Offaly

6

Limerick

90

Longford/Westmeath

16

Louth/Meath

15

Mayo

8

Roscommon/Galway East

0

Sligo/Leitrim

5

Tipperary

9

Waterford/Kilkenny

20

Wexford/Wicklow

5

Total

674

Drugs in Prisons.

Ciaran Lynch

Ceist:

25 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform the steps being taken to end the flow of drugs to prisons, in view of the disclosure that inmates have tested positive for drugs 40,000 times over the past three years; the prisons or places of detention that are regarded as drug free; and if he will make a statement on the matter. [14052/08]

A wide range of security measures are currently in place aimed at reducing the supply of contraband, including drugs, into our prisons. These measures include:

Tighter control and monitoring of prisoner visits in all closed prisons;

New visiting arrangements in most closed prisons, with visitors required to be pre-approved by the Governor and required to provide identification on each visit;

Greater use of screened visits;

Greater vigilance in examining mail by prison censors and searching of other items entering the prison;

Increased random searching of cells and their occupants;

Stricter searching of all persons committed to custody and prisoners returning from court, temporary release, after visits or on receipt of intelligence; Use of modern cameras and probe systems which assist in searching previously difficult areas such as hollow chair or bed legs, under floor boards and other cavities;

Installation of nets over exercise yards to prevent access to contraband items, including mobile phones and drugs; and

Use of phone detectors and phased installation of telephone blocking technology.

In addition, a number of new security initiatives are shortly being introduced in all closed prisons including:

The introduction of enhanced security screening for all persons (visitors and staff) entering our prisons;

The establishment of a drug detection dog service within the Irish Prison Service involving approximately 30 handling teams; and

The establishment of Operational Support Units dedicated to and developing expertise in searching and gathering intelligence on illicit material being hidden inside our prisons; they will be available in addition to the normal prison staff and can target specific security problem areas.

There are currently drug free units in the following prisons — Wheatfield Prison, St. Patrick's Institution, Castlerea Prison and Mountjoy Prison. There is also an intensive detox programme in operation in Mountjoy Prison. Allied to this the Training Unit, Arbour Hill Prison, Loughan House and Shelton Abbey are regarded as drug free institutions.

It is extremely difficult to quantify the numbers of prisoners who can be deemed to be drug free, particularly given the secretive and covert nature of illicit drug taking in a custodial setting. In this context, the Prison Rules 2007, effective from 1 October 2007, include specific provisions for mandatory drug testing. Mandatory drug testing provides information on trends in drug misuse, enables the identification and referral of drug abusers to treatment programmes, enables enhanced focusing of resources and acts as a deterrent to drug misuse. At present, mandatory drug testing takes place in the Training Unit, St. Patrick's Institution, Castlerea Prison, Loughan House and Shelton Abbey and the intention is to roll out a programme of testing to the remaining institutions during 2008.

Garda Operations.

Martin Ferris

Ceist:

26 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the cost of the reportedly elaborate security operation mounted at Shannon Airport on 6 April 2008 in preparation for a possible refuelling stop by the US President, Mr. George Bush which did not happen. [10503/08]

I am informed by the Garda authorities that the approximate total cost of Garda policing arrangements at Shannon Airport on 6 April, 2008, in respect of the planned possible stopover by the US President was €151,921, which includes salaries and overtime payments.

In this regard, the Garda Síochána is statutorily required to provide policing services for the State with the aim of preserving public order and protecting life and property. The policing arrangements instituted at Shannon Airport were considered necessary having regard to the particular circumstances.

Organised Crime.

Bernard J. Durkan

Ceist:

27 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which he will take action against criminal gang bosses living overseas and continuing to organise their criminal empires and enjoy their ill-gotten gains; and if he will make a statement on the matter. [14089/08]

I am informed by the Garda Authorities that organised criminal gangs operating in this jurisdiction are being targeted on an ongoing basis. The profiles of those suspected of involvement in criminal gangs are continually updated. The membership of criminal gangs, their operating methods, criminal interests and financial assets are likewise proactively targeted. The Garda response to this problem comprises of intelligence-led operations which are primarily undertaken by specialised units such as the National Bureau of Criminal Investigation, the Garda National Drug Unit, the Organised Crime Unit and the Criminal Assets Bureau. In addition information relating to these groupings is disseminated on a regular basis to Europol at The Hague.

An Garda Síochána maintains liaison with other law enforcement agencies throughout Europe, and elsewhere, exchanging information and intelligence on Irish criminals living abroad. This ongoing liaison has led to a number of successful joint operations, targeting attempted importations of drugs and firearms, resulting in a number of significant arrests here and in other jurisdictions. Where intelligence, supported by evidence, is available, law enforcement agencies in other jurisdictions put operations in place, as appropriate, to prevent and detect such criminality. To facilitate cooperation with other law enforcement agencies, An Garda Síochána has posted Liaison Officers to a number of centres throughout Europe.

Where information exists that a person who is wanted in relation to a particular crime in this jurisdiction is living abroad, and where the particular legal requirements apply, extradition is sought or application is made for a European Arrest Warrant.

Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crimes. A member of An Garda Síochána must, at all times, have reasonable grounds to believe that an individual has been involved in criminal activity before they can arrest and question any person in relation to criminality.

Ireland is a party to various International Conventions which provide for assistance in criminal matters between jurisdictions. An Garda Síochána send and receive requests for assistance via the Central Authority for Mutual Assistance at the Department of Justice, Equality and Law Reform.

Requests for Assistance may also be dealt with on the basis of reciprocity where certain jurisdictions may not be a party to specific conventions

Crime Levels.

Jan O'Sullivan

Ceist:

28 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform the number of murders since the beginning of 2008 in which firearms were used; and if he will make a statement on the matter. [14066/08]

Charles Flanagan

Ceist:

550 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used in respect of each year from 1998 to date in 2008; the number of such cases in which prosecutions for murder were initiated; the number of such cases where convictions were secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [13924/08]

I propose to take Questions Nos. 28 and 550 together.

I refer the Deputies to my answer to Question No. 11 of today's date.

Juvenile Offenders.

Tom Sheahan

Ceist:

29 Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform the number of spaces in special residential units for underage juvenile offenders nationally; and if he will make a statement on the matter. [14161/08]

In March 2007 responsibility for children detention schools was transferred from the aegis of the Department of Education and Science to my Department. Children Detention Schools accept children who have been ordered to be detained as part of criminal proceedings before the Courts. The Children Detention Schools provide rehabilitative programmes of care, education and training for children being so detained. The four children detention schools can accommodate 77 children who are to be detained on foot of remand or committal orders from the Courts.

John O'Mahony

Ceist:

30 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the plans he has in place for the detention of 16 to 18 year olds in the interim of the opening of Thornton Hall and the establishment of a new juvenile offenders prison. [14148/08]

My colleague, the Minister for Children, Mr. Brendan Smith T.D., recently announced the Government's decision to develop new children detention facilities on a State owned site at Oberstown, Lusk, Co. Dublin, which currently houses 3 of the 4 existing children detention schools.

The new facilities, which are being developed by the Irish Youth Justice Service of my Department, will replace some older accommodation on the site, and create sufficient new detention school places to accommodate 16 and 17 year old boys, who are currently detained in St. Patrick's Institution. The development, which is a children detention school model and not a prison, will involve careful planning and consultation. The facilities will be secure and capable of supporting staff in delivering a safe, caring environment for welfare, education and rehabilitative programmes.

In the interim, 16 and 17 year old boys may continue to be detained in St. Patrick's Institution, a closed medium security place of detention for males aged 16 to 21 years of age. Much effort has gone into improving facilities at St. Patrick's in recent years for those who will continue to be held there pending the new development at Lusk, and a significant increase in staff has also been made.

The separation of children and young adults in St. Patrick's Institution has taken place in so far as is possible given the physical limitations of the St. Patrick's site. Should it be required when the Mountjoy complex is closed, interim accommodation for 16 and 17 year old boys, segregated from adults, will be provided on the Thornton Hall campus, pending the provision of children detention school facilities. On completion of the detention school development project in Lusk, all children under 18 years of age being detained will only be accommodated in dedicated children facilities.

When fully completed, the new facilities will meet the highest international standards and will be a centre of excellence in best practice for youth detention. This major development will play a key role in the suite of measures available in the Children Act 2001, as amended, in making children who offend accountable for their actions and promoting reintegration into their families and communities.

Criminal Assets Bureau.

Kieran O'Donnell

Ceist:

31 Deputy Kieran O’Donnell asked the Minister for Justice, Equality and Law Reform the progress that has been made in establishing regional branches of the Criminal Assets Bureau as was indicated previously would be considered; the timeframe for establishing such branches; and if he will make a statement on the matter. [14160/08]

The Deputy will be aware that the Criminal Assets Bureau has been at the forefront of the fight against organised crime, including drug trafficking, in this jurisdiction since its inception in 1996. The significant successes that the Bureau continues to achieve by its operations demonstrates the effectiveness of its approach in pursuing illegally gotten gains.

The manner in which the Bureau operates has, in the period of its existence, come to be viewed, both domestically and internationally, as a very successful model for targeting persons seeking to derive profits from criminal activities.

In relation to the issue of the Bureau's work at regional and local levels, I can inform the Deputy that in order to maximise the benefit that can be derived from local knowledge, officers from the Criminal Assets Bureau work closely with gardaí from specific regions and localities in order to ensure that the efforts of the Bureau are targeted in the most effective manner possible.

I have also already included in the Government's policing priorities for 2008 for An Garda Síochána a specific reference to enhanced liaison arrangements between Garda Divisions and the Criminal Assets Bureau in the pursuit of those engaged in drug dealing at all levels.

The Bureau will continue to utilise the services of Divisional Criminal Assets Profilers throughout the country. At present eighty one Garda divisional profilers have been appointed and are operational and the complement of Divisional profilers will continue to be monitored and reviewed on an on-going basis. In addition, eleven officials from the Revenue Commissioners have been trained as asset profilers.

The use of local Garda officers in this way ensures that preparatory groundwork can be carried out in advance of a full investigation by the Bureau. Asset profilers have at all times recourse to the expertise and advice of the Bureau.

Essentially a key function of these profilers is to ascertain and build up information at local levels and point out individuals at whom the Bureau's work can be targeted. Such information is then investigated and followed up further by the Criminal Assets Bureau.

Finally, I can assure the Deputy that any individuals in local communities who believe they can openly flaunt wealth or assets secured through illegal activities, including drug dealing, will be vigorously pursued by the Gardaí either through the provisions of the Criminal Justice Act 1994 or through the work of the Criminal Assets Bureau under its statutory remit.

Criminal Prosecutions.

Dinny McGinley

Ceist:

32 Deputy Dinny McGinley asked the Minister for Justice, Equality and Law Reform if Section 72 of the Criminal Justice Act 2006 has been commenced; the number of prosecutions that have taken place under this section; and if he will make a statement on the matter. [14115/08]

Section 72 of the Criminal Justice Act 2006 was commenced with effect from 1 August 2006. The relevant order is the Criminal Justice Act 2006 (Commencement) Order 2006 (S.I. No. 390 of 2006).

Section 72 creates the offence of contributing to, or participation in, an activity of a criminal organisation. The intention behind the contribution must be to enhance the ability of, or facilitate the organisation to commit a serious offence. It is not necessary to prove the commission of a specific offence. The offence is punishable by up to 5 years' imprisonment.

I am informed by the Garda Síochána that to date no proceedings have commenced under this section.

Victims Commission.

Pádraic McCormack

Ceist:

33 Deputy Pádraic McCormack asked the Minister for Justice, Equality and Law Reform the action he will take to enhance the rights of victims, and in the case of murder, their families, within the criminal justice system; and if he will make a statement on the matter. [14120/08]

As the Deputy may already be aware against a background of a need to review the mechanisms and services put in place by specific agencies to assist victims of crime, my predecessor established the Commission for the Support of Victims of Crime (CSVC) in March 2005. The CSVC was established with a three year remit to disburse funding for victim support measures and to develop a framework for victim services going forward. I have been advised that over the last three years the CSCV have made funding available to organisations who support victims of crime including Support After Homicide and Advic, which are respectively a support group and an advocacy group for families affected by homicide.

As the Deputy will be aware, as early as my first public engagement as Minister for Justice, Equality and Law Reform, I announced my intention of moving ahead with measures to enhance support for victims of crime, which would include families affected by homicide, consistent with the commitment contained in our Programme for Government.

I understand that the CSVC is now finalising its work in proposing an appropriate support framework for victims of crime into the future. After meeting with the Commission late last year, I formed the view that this framework document will provide important insights into how support for victims of crime might be developed into the future. I propose, therefore, to await the outcome of the Commission's deliberations before deciding on what changes — if any — to present arrangements would be desirable.

Pending finalisation of this process, I have decided to extend the term of Office of the Commission. I am happy to say that the members of the Commission have graciously indicated their willingness to remain in Office. I would, however, like to take this opportunity to place on record my gratitude and that of the Government to the members of the CSCV for the very valuable public service that they have performed over the last three years and for their willingness to continue in Office.

My Department is also currently reflecting on the question of Victim Impact Statements, taking account not only of issues raised by the public debate on the subject but also the recommendations contained in the 2007 report of the Balance in the Criminal Law Review Group which was chaired by Dr Gerard Hogan, SC.

The Review Group made a number of very helpful comments. In relation to the current arrangements under section 5 of the 1993 Act, the Review Group suggests the section may be too restrictive in so far as it permits a statement by or on behalf of the direct victim only. It suggests there is a case for expanding the definition of ‘victim' to include other persons intimately affected by the crime such as the family members of victims of homicide.

In a further recommendation, the Review Group addressed the possibility of inappropriate use of statements and raised the possibility of restrictions on publication in certain circumstances, at the direction of the court.

Any proposals for the improvement of the current system will need to ensure that the victim is allowed as much opportunity as is reasonably possible to have his or her experiences taken into account while also ensuring that, in the interests of all parties, the integrity of the criminal process is preserved and that due process continues to be observed.

The issues involved are complex and require careful consideration. It will therefore be necessary to take some time to ensure any proposals are appropriate and well grounded.

Garda Reserve.

Seymour Crawford

Ceist:

34 Deputy Seymour Crawford asked the Minister for Justice, Equality and Law Reform the five most common reasons that applications to join the Garda Reserve are unsuccessful; and if he will make a statement on the matter. [14135/08]

There are a range of reasons not all applicants secure a place as Reserve trainees. It must always be borne in mind that membership of the Reserve is a spare-time voluntary service and so applicants may not always be available to attend for interview or take up a place in training when it is first offered due to family, work or social commitments.

Applicants must first of all meet the basic entry criteria relating to age and residence and must also satisfy the criteria regarding occupations, for example, members of the Defence Forces are precluded from joining. It may not be clear when the initial application is made whether an applicant satisfies the criteria.

Many applicants for the Garda Reserve also apply to join as full-time members and leave aside their Reserve application to take up places as full-time trainee gardaí.

The recruitment process involves a number of stages at which applicants must succeed before proceeding to the next stage. The Public Appointments Service carries out the interview and written test stage. To date in 2008 182 applicants have attended the Public Appointments Service interview and written test. Success at both interview and written test is required to proceed to the next stages of the recruitment process. Of the 182 applicants interviewed and tested so far this year, 117 were successful.

If successful at the Public Appointments Service stage, applicants must then pass a Garda medical examination and must satisfy the requirements of a rigorous background security vetting.

Irish Prison Service.

Tom Hayes

Ceist:

35 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the action he has taken following the most recent report of the EU Committee for the Prevention of Torture which documented high levels of violence in prisons here and the need for ongoing external reviews on the specific subject of prison violence; and if he will make a statement on the matter. [14145/08]

The Report of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), on its visit to Ireland was published on 10 October 2007, together with the response of the Government of Ireland to the issues raised by the CPT in that report.

In its response to the issues raised, the Government set out in considerable detail the efforts made to deal with the range of issues highlighted in the report.

In the Government's response to the CPT report on the question of inter-prisoner violence it was accepted that the CPT had correctly identified an emerging problem and that further measures are needed to deal with the issue. I am glad to advise the Deputy that a range of measures have been taken to address the prison related issues, including violence in prisons, that were highlighted in the report and I can assure the Deputy that the security and safety of our prisons is kept under constant review.

A wide range of security measures are currently in place aimed at reducing the supply of contraband, including drugs and weapons, into our prisons. These measures include:

Tighter control and monitoring of prisoner visits in all closed prisons;

New visiting arrangements in most closed prisons, with visitors required to be pre-approved by the Governor and required to provide identification on each visit;

Greater use of screened visits;

Greater vigilance in examining mail by prison censors and searching of other items entering the prison;

Increased random searching of cells and their occupants;

Stricter searching of all persons committed to custody and prisoners returning from court, temporary release, after visits or on receipt of intelligence;

Use of modern cameras and probe systems which assist in searching previously difficult areas such as hollow chair or bed legs, under floor boards and other cavities;

Installation of nets over exercise yards to prevent access to contraband items, including mobile phones and drugs; and

Use of phone detectors and phased installation of telephone blocking technology.

In addition, a number of new security initiatives are being introduced in all closed prisons including:

The introduction of enhanced security screening for all persons (visitors and staff) entering our prisons;

The establishment of a drug detection dog service within the Irish Prison Service involving approximately 30 handling teams;

The establishment of Operational Support Units dedicated to and developing expertise in searching and gathering intelligence; they will be available in addition to the normal prison staff and can target specific security problem areas.

A number of serious drug and criminal gang members are now segregated in a special area of Cloverhill Prison. This initiative, in conjunction with the other measures, will prevent them from exerting inappropriate influence over other prisoners.

As indicated in the CPT report , the Government recognises the necessity to modernise and expand the prison estate. That is why my Department has embarked on an ambitious prison building programme which, with the full support of the Government, will result in the replacement and/or refurbishment of nearly 40% of the entire prison estate and the ending of ‘slopping out'.

Garda Strength.

Sean Sherlock

Ceist:

36 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform the progress made with regard to the commitment given in the Programme for Government to increase Garda numbers to 15,000 by 2010 and 16,000 by 2012; if he is satisfied that these targets will be met; the strength of the Force as of 1 June 2007 and at present; and if he will make a statement on the matter. [14071/08]

The accelerated intake of 1,100 Garda recruits per annum is on course to meet the Government's recruitment target.

The personnel strength (all ranks) of An Garda Síochána on 31 May 2007 was 13,140 with a further 1,349 recruits in training making a combined strength of 14,489.

As of 31 March 2008, the latest date for which figures are readily available, there were 13,900 fully attested members of An Garda Síochána with a further 1,306 recruits in training. The combined strength of the Force, including recruits in training, on that date was 15,206.

Organised Crime.

Noel Coonan

Ceist:

37 Deputy Noel J. Coonan asked the Minister for Justice, Equality and Law Reform his views on recent reports that children are being groomed by criminal gangs in Limerick; if he plans to introduce legislation to tackle this development; and if he will make a statement on the matter. [14125/08]

I refer the Deputy to my answer to Question No. 13 of today's date.

Garda Operations.

Michael D. Higgins

Ceist:

38 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the progress with regard to the establishment of the Garda organised crime unit; the personnel and resources that will be made available to the unit; and if he will make a statement on the matter. [14050/08]

As the Deputy will be aware, the Garda authorities established an Organised Crime Unit on a temporary basis in November 2005 to target organised criminal gangs. The Garda Commissioner has now established the Unit on a permanent basis with a complement of seventy. A review of its activities and strength is ongoing.

Since its establishment, the Organised Crime Unit has pro-actively targeted criminal gangs engaged in diverse types of criminality, which transcend the organisational and divisional boundaries of An Garda Síochána.

The main forms of criminality being committed by these gangs include armed robberies, hi-jacking of valuable loads and commodities, warehouse robberies / burglaries, ‘tiger' kidnappings, cash-in-transit robberies, bank robberies involving firearms and the importation of large quantities of controlled drugs.

Through focused, intelligence-led operations, success has been achieved and the activities of many of the organised crime groups have been disrupted. A number of persons suspected of involvement in this type of criminality have been apprehended on serious charges with many before the courts facing lengthy sentences.

The Organised Crime Unit has taken the lead role in targeting organised criminal gangs in conjunction with the assistance of other national units. The unit's primary functions are as follows:

To identify organised crime groups that operate within the State through increased profiling, intelligence gathering, overt and covert surveillance and threat assessments.

To develop intelligence on highly organised and professional groups of criminals involved in serious crime and whose operations transcend district / divisional and regional boundaries.

To develop intelligence and information supplied by confidential sources on major targeted criminals.

To liaise with the National Criminal Intelligence Unit in developing intelligence and information from all sources in relation to serious and organised criminal groups.

The Unit will continue to work closely with the other specialist units, including the Garda National Drugs Unit, the National Bureau of Criminal Investigation, the Special Detective Unit and the Emergency Response Unit, in targeting those suspected of involvement in organised criminal activity.

Jack Wall

Ceist:

39 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform when it is intended to increase the Garda search powers, promised in the Programme for Government, in relation to drug crime along the lines of the new random breath-testing model for drink driving to allow random searches at particular, places, times and events where senior Gardaí believe there is a risk of drugs being present; and if he will make a statement on the matter. [14079/08]

As I indicated in my reply to Parliamentary Question 9121/08 on 4th March 2008, any significant extension of Garda search powers beyond those already available in the Misuse of Drugs Act 1977 and the Criminal Justice (Drug Trafficking) Act 1996 gives rise to consideration of highly sensitive issues, including ones of Constitutional importance. In this regard I have in mind, for example, Article 40.3 (personal rights) and 40.5 (inviolability of a dwelling). My aim is to ensure in so far as possible that any new powers will be capable of withstanding Constitutional scrutiny. Accordingly I am unable to say at this stage when proposals will be available.

Refugee Appeals Tribunal.

Joan Burton

Ceist:

40 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform if he is satisfied with the manner in which the Refugee Appeals Tribunal discharged its functions in the wake of a case (details supplied) and attendant publicity; and if he will make a statement on the matter. [14042/08]

As the Deputy will be aware, the Refugee Appeals Tribunal is a statutory independent body established under the Refugee Act, 1996 to deal with appeals against negative recommendations in respect of applications for refugee status issued by the Office of the Refugee Applications Commissioner (ORAC). The Tribunal has been in operation since November 2000 and comprises a full time Chairperson and 32 part-time members at present.

Since its establishment, the Tribunal has undertaken a significant job of work having completed some 30,000 appeals up to the end of March 2008. I would also point out that the cases before the Refugee Appeals Tribunal cover applicants from over 90 different countries with a large variety of grounds being put forward for refugee status. All cases have to be considered individually having regard to the definition of who is and who is not a refugee in the Refugee Act, 1996. In addition to the applicant's own case which is often considered in an oral appeals hearing, a large amount of documentation has to be considered including complex country of origin information, UNHCR guidelines and detailed case law from our courts. All of this must be weighed up by the individual members of the Tribunal in coming to a decision.

I would also point out that the UNHCR is heavily involved in training within the asylum process and within the Tribunal itself. I would also draw the Deputy's attention to comments made previously by a former UNHCR representative who is quoted as saying that Ireland is now a model for the new Member States of the European Union and that "we now have a system which, in many respects, is one of the best in Europe".

Given the Tribunal's statutory independence in the performance of its functions under the provisions of sections 15 and 16 of the 1996 Act, it would be inappropriate for me to comment further on how it discharges its functions. Accordingly, I do not propose to comment on any individual case or group of cases handled by the Tribunal or any legal issues arising from such cases.

Asylum Applications.

Mary Upton

Ceist:

41 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform the number of applications for asylum submitted in each of the past five years; the average time being taken to process applications for asylum; and if he will make a statement on the matter. [14076/08]

The information sought by the Deputy about the number of applications for asylum received in each of the last 5 years is set out in the table below.

Asylum Applications Received — 2003 to 2007

Year

No. of asylum applications received

2003

7,900

2004

4,766

2005

4,323

2006

4,314

2007

3,985

Total

25,288

Timescales for the processing of asylum applications

Asylum applications are considered under the provisions of the Refugee Act 1996 (as amended), at first instance by the Office of the Refugee Applications Commissioner (ORAC) and at appeal stage by the Refugee Appeals Tribunal (RAT).

The length of time taken to process asylum applications differs depending on whether an applicant is dealt with under prioritised arrangements or not. With effect from the 25 January 2005, new arrangements for the speedier processing of applications from certain countries were implemented. These arrangements apply in the main to nationals of Nigeria, Croatia and South Africa. They also applied to Romania and Bulgaria prior to their accession to the EU on 1 January 2007.

The Office of the Refugee Applications Commissioner

In terms of time scales at first instance for Prioritised cases, an interview date is usually scheduled within 9 – 12 working days from the date of the initial application. These applications are normally finalised within a further 5 – 8 working days, giving an average processing time of 17 – 20 working days from the date of application.

In the case of Non-prioritised cases, an interview date is usually scheduled approximately 16 – 18 weeks from the date of the initial application. These applications are normally finalised within a further 4 – 5 weeks, giving a total processing time of approximately 22 – 23 weeks from the date of application.

Some cases will take significantly longer to complete due to, for example, medical reasons, non-availability of interpreters or because of judicial review proceedings. Some cases are also more complex than others with applicants coming from over 90 different countries.

ORAC continues to schedule applicants for interview on the date of application unless there are medical or other compelling reasons not to do so.

The Refugee Applications Commissioner continues to keep the procedure for processing applications for refugee status in that Office under ongoing review with a view to limiting the amount of time applicants have to wait for a recommendation to be made, without compromising on an applicant's rights to a fair and balanced examination of their case.

The Refugee Appeals Tribunal

The average length of time taken by the Tribunal to process and complete substantive appeals is 21 weeks.

The average length of time taken by the Tribunal to process and complete Accelerated appeals (appeals on papers only) is 8 weeks.

The average length of time taken by the Tribunal to process and complete appeals for Prioritised cases is 9 weeks.

While many appeals are completed in a shorter time span than above, many factors such as adjournments, postponements, judicial reviews and requests by legal representatives for access to previous Tribunal decisions can impede the Tribunal from completing cases earlier. High quality, consistent and fair decision-making in all cases continues to be a high priority in the Tribunal.

Improvements in Processing Timescales

The Office of the Refugee Applications Commissioner has made significant progress in the processing of asylum applications since the creation of the office in November 2000.

In November 2000, when the ORAC was established, there were over 9,400 applications awaiting decision at first instance. As at the 31st March 2008, there were 1,218 outstanding applications awaiting a recommendation by ORAC. Of these, only 137 cases were on hands over 6 months.

The Refugee Appeals Tribunal has also made significant progress in the processing of asylum appeals since the creation of the office in November 2000. Prior to the establishment of the RAT, substantive appeals took on average 36 weeks to complete. As already indicated, the average processing timescale for substantive cases is 21 weeks and 9 weeks for prioritised cases.

As at the 31st March 2008, there were 3,369 appeals outstanding in the Tribunal. Of these 3,369 outstanding appeals, 2,136 were on hands over six months. A large volume of the appeals outstanding more than 6 months in the Refugee Appeals Tribunal is due to the delay in processing appeals pending the granting of access to Tribunal Decisions following the Supreme Court judgement (in the Atanasov case) on the matter. Following the judgement the RAT set up a comprehensive data bank of previous decisions of the Tribunal, suitably redacted, which is readily available for access by legal representatives of applicants. This data bank, along with other measures being applied by the RAT, will be of considerable assistance in clearing the current backlog of cases.

Sentencing Policy.

Andrew Doyle

Ceist:

42 Deputy Andrew Doyle asked the Minister for Justice, Equality and Law Reform when integrated sentence management will be available to all prisoners; and if he will make a statement on the matter. [14144/08]

Pat Breen

Ceist:

56 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the reason integrated sentence management does not take place in all prisons; and if he will make a statement on the matter. [14143/08]

I propose to take Questions Nos. 42 and 56 together.

Sentence management processes have operated in the prison system for many years to the benefit of prisoners and the community. Over much of this time, the development of these processes to their full potential has, however, been constrained by a number of factors.

New regulatory, organisational and working arrangements together with the ongoing programme of modernisation of the prison estate and the addition of new programmes and services have transformed the situation in recent times. The Irish Prison Service is now in a position to develop and roll out a fully coordinated Integrated Sentence Management System (ISM) across all prisons and places of detention. The National Development Plan is providing significant new funding for this initiative and the roll out of ISM will be delivered progressively over the lifetime of the Plan.

ISM will involve a new orientation in the delivery of services to prisoners and a new emphasis on prisoners taking greater personal responsibility for their own development through active engagement with both specialist and non-specialist services in the prisons. The end result will be a prisoner-centred, multidisciplinary approach to working with prisoners with provision for initial assessment, goal setting and periodic review to measure progress.

During 2008, pilot sentence management projects will be progressed at Wheatfield and Arbour Hill prisons. Parallel work will take place on the selection of assessment tools and processes and the development of staff training programmes and an IT database to support the ISM system.

Question No. 43 answered with Question No. 21.

Proposed Legislation.

Arthur Morgan

Ceist:

44 Deputy Arthur Morgan asked the Minister for Justice, Equality and Law Reform when the anomaly in the Criminal Law (Insanity) Act 2006 resulting in the Mental Health Review Board denying the release of certain patients who are eligible for discharge from the Central Mental Hospital was first discovered; and the number of patients affected. [13995/08]

The Criminal Law (Insanity) Act 2006 provides a mechanism by which persons detained in the Central Mental Hospital may be released conditionally or unconditionally by the Criminal Law (Mental Health) Review Board, depending on the circumstances.

It is my intention to introduce certain amendments to the Act in this area shortly which will augment the powers of the Board in the light of recent developments.

Civilianisation Programme.

Martin Ferris

Ceist:

45 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the progress made in terms of civilianising Garda tasks since the publication of the Garda Inspectorate report in August 2007. [13997/08]

The civilianisation programme proposed for An Garda Síochána is being implemented by the Garda Commissioner and significant progress has been made to date in the recruitment of civilian staff. The number of full and part-time civilian staff assigned to the Garda Síochána as at the 31 March 2008 was 2,461.

The number of full-time equivalent civilian staff of An Garda Síochána increased from 1,687 on 31 December 2007 to 1,838 on 31 March 2008, representing an increase of 151 (9%) in the number that have been appointed to the organisation in the first three months of this year. This follows on from a 32% increase in the number of civilian employees from 1 January 2007 to 31 December 2007 — from 1,282 to 1,687.

Civilian staff of An Garda Síochána are involved in the provision of a wide range of professional support services in the administrative, professional, technical and industrial areas. This is best demonstrated by the range of recruitment of civilians that has taken place in the Garda organisation:

Over 300 Clerical Officers were recruited and assigned positions within An Garda Síochána in Dublin in 2007 on foot of the Government Decision of 19 December 2006. These Clerical Officers have been allocated to the Dublin Metropolitan Region, Garda Headquarters and Specialised Units.

The civilianisation of posts at senior levels of An Garda Síochána has also commenced. Appointments have been made to the positions of Chief Administrative Officer and Director of Communications. The positions of Executive Director of ICT, Director of Change Management and Head of Legal Services have been advertised with a closing date of 10 April, 2008. Recruitment for the position of Executive Director of Human Resources is due to commence shortly.

Significant progress is underway in recruiting Clerical Officers to Garda Stations outside Dublin, the Garda Central Vetting Unit, Thurles and the Garda Information Services Centre, Castlebar.

The recruitment of civilian staff to other senior and middle management positions in the Garda Síochána is also well under way and appointments have been made to a wide range of positions.

A dedicated Human Resource Directorate, reporting to the Assistant Commissioner in charge of HRM has been established in An Garda Síochána to serve the needs of the civilian, administrative, professional, technical and industrial staff in the Garda Síochána.

The Commissioner is committed to developing the civilian support function within the Garda Síochána to the level of best international practice and will continue to work to drive the civilianisation programme forward.

Garda Operations.

Michael Creed

Ceist:

46 Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform when he plans to establish regional Garda support units with trained negotiators and non-lethal weaponry for hostage taking and other critical situations; and if he will make a statement on the matter. [14159/08]

Thomas P. Broughan

Ceist:

48 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the concern expressed by the Association of Garda Sergeants and Inspectors regarding proposals from the Commissioner that certain uniformed Gardaí would be required to carry firearms in their Garda vehicles; his views on the concerns raised; and if he will make a statement on the matter. [14045/08]

I propose to take Questions Nos. 46 and 48 together.

The Garda Commissioner is establishing Regional Support Units (RSUs) in the Garda regions outside Dublin to act as a primary response to critical incidents, pending the arrival of the Emergency Response Unit. These RSUs will be drawn from the existing regional Garda resources and the Gardaí involved in these teams will receive training relevant to the role. It was an important recommendation in the Garda Inspectorate's report on barricade incidents that a second tier response capability should be established to allow rapid initial deployment to critical incidents in regional areas.

I am informed by the Garda authorities that RSU members will operate in regular Garda uniform and in marked Garda vehicles. Where appropriate, RSUs will have the capacity to respond with firearms and less lethal devices. However, it is intended that when operating in armed response mode RSU members will, for identification purposes, wear apparel similar to that currently used by armed, plain-clothes Gardaí when they are carrying out armed duties overtly.

Question No. 47 answered with Question No. 8.
Question No. 48 answered with Question No. 46.

Garda Equipment.

Leo Varadkar

Ceist:

49 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if the PULSE system is capable of processing anti social behaviour orders; and if he will make a statement on the matter. [14133/08]

I am informed by the Garda authorities that an interim solution for the recording of Behaviour Warnings, Good Behaviour Contracts and Civil Orders issued under the Criminal Justice Act, 2006 on the PULSE system is currently being piloted.

I am also advised by the Garda authorities that the development of a full IT solution for capturing and processing such of information is under review.

Proposed Legislation.

Brian O'Shea

Ceist:

50 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the progress made in the talks between his Department and representatives of the judiciary regarding the introduction of a judicial council; when he expects that the Judicial Council Bill will be published and enacted; and if he will make a statement on the matter. [14059/08]

Following contacts with the Chief Justice on the proposals for a Judicial Council Bill, a working group has now been established to advance the Bill. The Group comprises a nominee each of my Department and of the Chief Justice. I am confident that this approach will ensure that the details of the proposed Bill can be finalised in the reasonably near future.

Community Policing.

Eamon Gilmore

Ceist:

51 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform when he expects to receive the results of the review being undertaken by the Garda Commissioner of arrangements within An Garda Síochána for community policing; and if he will make a statement on the matter. [14049/08]

I share the view of the Garda Inspectorate, expressed in its most recent report, that community policing is a fundamental policing philosophy and that there is a strong foundation for it in Ireland.

I am informed by the Garda authorities that a working group has developed proposals for a comprehensive model of rural and urban community policing. The group has completed its report, and it is currently being considered by the Garda Commissioner. I look forward to receiving the final views of the Commissioner.

Drug Seizures.

John Perry

Ceist:

52 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the number of sniffer dogs which are used to detect drugs in prisons here; if the use of sniffer dogs constitutes best practice in this context; and if he will make a statement on the matter. [14142/08]

The Deputy will be aware that a drug detection dog service is operating on a pilot basis in the Irish Prison Service since May 2006. The service is currently provided on contract by a UK company and started in the Midlands Prison. It has since been extended and currently four dog/handler teams operate in the Midlands Complex, the Mountjoy Complex, Wheatfield/Cloverhill Prisons, and Cork/Limerick Prisons. The contract has been extended pending the establishment of a dedicated drug detection dog service (Canine Unit) within the Irish Prison Service.

The management of the Canine Unit is now in place and the selection process for the required staffing has recently commenced. Following training, the first of 30 dog handling teams will be active in approximately 3 months. Searching is concentrated on visitors but proactive searching of areas within the prison also take place. The evidence is that the teams have a significant interception and deterrent effect. The use of drug detection dogs is a common feature of prison systems in other jurisdictions and plays a vital role in preventing the smuggling of drugs into prisons.

Sex Offender Treatment Programme.

Billy Timmins

Ceist:

53 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the number of places available for sex offenders seeking treatment in Arbour Hill Prison; the number of prisoners incarcerated resulting from sexual offences; and if he will make a statement on the matter. [14138/08]

I can advise the Deputy that every effort is made to assist sex offenders in custody who are willing to participate at any level in rehabilitation and relapse prevention. There are three main forms of direct therapeutic intervention for sex offenders currently operating within the Irish prison system. These are as follows: an intensive sex offender programme which has been in operation since 1994 and is delivered currently in Arbour Hill Prison; individual counselling from the Irish Prison Service's Psychology Service and from the Probation Service; and one to one interventions by visiting psychiatrists who provide support to prisoners.

The intensive sex offender's programme is a group programme managed and delivered by the Irish Prison Service's Psychology Service in partnership with the Probation Service. It caters for eight offenders at a time, taking eleven months to complete. The programme is voluntary. Although delivered in Arbour Hill Prison, it is available to sex offenders in other prisons. The practice has been to invite all eligible sex offenders to apply for a place on the programme when a new group programme is being set up.

The programme is a structured, offence focused programme, employing a cognitive behavioural approach with a relapse prevention component. The programme places considerable emphasis on the therapeutic process within the group and on supporting each participant in gaining the knowledge, skills, attitudes and self confidence necessary to live life differently and more constructively in the future. The programme seeks to address the behaviour that leads to offending. A total of 128 sex offenders have completed the sex offender programme to date. A further eight men are currently undertaking the programme. There is no waiting list in operation in respect of participation on the programme.

The Programme is currently under review. Options under consideration include more flexible delivery of programmes based on individual offender's risks, needs and capacity. The likely outcome is a package of sex offender interventions comprising group and individual programmes for a significantly larger group of offenders.

Some individuals engage with the therapeutic services initially to seek assistance in adjusting to imprisonment or to address their mental health needs. Following such interventions, offenders are often more open to looking at their sexual offending and a concentrated period of motivational work is conducted to help them address their offending behaviour and related issues. In response to such counselling, many offenders who initially might deny responsibility for their crime or deny any need for treatment, are motivated towards some process of change. For some offenders this results in them undertaking the more intensive sex offender programme, for others it results in sustained individual therapy around their offending or engagement in some other programme available in the prison system.

Probation Officers working in a prison context provide individual counselling to sex offenders as part of their generic role in relation to offence focused work and as part of the Parole Board Process. This counselling can vary from one session addressing a particular problem to intensive ongoing counselling.

A number of offenders undergo one-to-one counselling in relation to their sexual offending. So far in 2008, the Irish Prison Service's Psychology Service has undertaken one-to-one offence-related interventions with 33 sex offenders. The Probation Service also engages with prisoners on a one-to-one basis.

As of 10 April, 2008, there were 269 persons serving sentences for sex offences.

Garda Deployment.

Kieran O'Donnell

Ceist:

54 Deputy Kieran O’Donnell asked the Minister for Justice, Equality and Law Reform the number of gardaí stationed in the Limerick Garda districts, broken down by station and garda rank as at the current date, 31 December 2006 and 31 December 2005; the number of these gardaí deployed in the regeneration areas; and if he will make a statement on the matter. [14168/08]

I am informed by the Garda Commissioner that as of 31 March 2008, the latest date for which figures are readily available, the total strength in the Limerick Division was 601, broken down as follows:

Stations

C/Supt

Supt

Insp

Sergt

Gda

Total

Henry St

1

2

7

26

194

230

Mary St

1

13

14

Castleconnell

1

4

5

Ardnacrusha

1

3

4

Mayorstone Pk

13

72

85

Roxboro Rd

1

4

15

109

129

Patrickswell

1

2

3

Ballyneety

1

1

2

Caherconlish

2

2

Askeaton

1

3

17

21

Adare

1

2

3

Pallaskenry

2

2

Croom

1

3

4

Foynes

2

2

Glin

1

1

Shanagolden

1

1

Rathkeale

1

5

6

Bruff

1

2

22

25

Kilfinane

1

1

Ballylanders

1

1

Hospital

1

1

2

Bruree

1

1

Kilmallock

1

2

3

Pallas

1

2

3

Cappamore

1

2

3

Murroe

2

2

Drumcollogher

1

1

2

Newcastlewest

1

1

4

22

28

Abbeyfeale

1

10

11

Ballingarry

1

1

Tournafulla

1

1

Athea

1

1

Kilmeedy

1

1

Castletown

1

1

The information requested by the Deputy in relation to the 2005 and 2006 Garda numbers was previously issued to him in Parliamentary Question 2611/08, which he put down for answer on 31 January 2008.

The Deputy will appreciate that, as with any large organisation, on any given day the overall strength of the force may fluctuate due, for example, to retirements, resignations etc. It is, of course, the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The strength of the Henry Street and Roxboro Road Districts has increased from 292 to 338 and 117 to 136 respectively in the period 31 March 2007 to 31 March 2008. The Commissioner has informed me that he will continue to allocate additional resources to these areas on a priority basis.

Anti-Social Behaviour.

Róisín Shortall

Ceist:

55 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the number of persons given anti-social behaviour warnings since the new system came into operation on 1 January 2007; the number of anti-social behaviour orders sought in the same period; and if he will make a statement on the matter. [14074/08]

Ulick Burke

Ceist:

69 Deputy Ulick Burke asked the Minister for Justice, Equality and Law Reform if legislation in respect of anti social behaviour orders is working effectively in combating antisocial behaviour; and if he will make a statement on the matter. [14127/08]

I propose to take Questions Nos. 55 and 69 together.

Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act, relating to anti-social behaviour by children, was commenced on 1 March, 2007. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to children, these range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and to the making of a behaviour order by the Children's Court.

I am informed by the Garda authorities that up to 31 March, 2008, 557 behaviour warnings were issued to adults and 211 to children. There have been seven formal good behaviour contracts, which are used only in the case of children, agreed. In setting up the regime, the intention was that these warnings or good behaviour contracts would themselves address the problem behaviour. It is only if they fail that a court order will be applied for. In any case, it inevitably takes time to reach the stage where a court order itself might be sought. No significance therefore should be attached to the fact that the stage has not yet been reached in the process where a court order has been issued. Where warnings or good behaviour contracts do not succeed in altering a person's behaviour, however, they will culminate in a court order being sought by the Garda authorities from the courts.

Question No. 56 answered with Question No. 42.

Crime Levels.

Frank Feighan

Ceist:

57 Deputy Frank Feighan asked the Minister for Justice, Equality and Law Reform the measures he is taking to address the increase in violent crime; and if he will make a statement on the matter. [14116/08]

Bernard J. Durkan

Ceist:

85 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the action he will take to combat the continued growth of violent crime, organised criminal gangs, intimidation of witnesses, extortion, protection, racketeering and money laundering; if it is intended to take particular initiatives to address these issues; and if he will make a statement on the matter. [14090/08]

I propose to take Questions Nos. 57 and 85 together.

The Government attaches the highest importance to ending gangland violence and bringing those involved to justice. Relentless activity by An Garda Síochána, under Operation Anvil in particular, is being deployed to deal with these gangs. The primary focus of Operation Anvil is the disruption of serious and organised crime. An allocation of €20 million has been ring-fenced from the Garda Budget 2008 to ensure that ongoing operations of Anvil, both locally and nationally, continue to be undertaken. The Operation is augmented by other Garda operations and initiatives. The Garda Commissioner will continue to allocate resources as appropriate from the significant resources being made available to him.

The Organised Crime Unit has the role of targeting organised criminal gangs in conjunction with other national units. Organised criminal gangs operating in this jurisdiction are targeted on an ongoing basis and information regarding the personnel of such groups is continually updated. Through focused, intelligence-led operations, the activities of many of the organised crime groups have been disrupted, and a number of persons suspected of involvement in this type of criminality are before the courts.

The intelligence gathering capabilities of the Garda Síochána will be further enhanced with the establishment of a DNA database for criminal investigation purposes. Work is ongoing on the Criminal Justice (Forensic Sampling and Evidence) Bill which will provide for this and related matters. I expect to publish the Bill later this year.

The criminal law has also been strengthened. It is more difficult to get bail in drug trafficking and firearms cases. The periods the Gardaí can question people suspected of involvement in serious crime have been extended, and the law on the right to silence has been updated. The reality is that it takes time for changes which are made in the law to have full effect in practice.

The Criminal Justice Act 2006 provides for offences relating to organised crime by creating new offences targeting the activities of those involved in criminal organisations and those who may commit offences for the benefit of criminal organisations, including the offence of conspiracy. It provides that a person who knowingly participates in or contributes to any activity of a criminal organisation for the purpose of enhancing the ability of the criminal organisation to commit a serious offence, whether in or outside the State, is guilty of an offence.

It also provides that a person (who is not a member of the criminal organisation) who commits an offence for the benefit of, at the direction of or in association with a criminal organisation is guilty of an offence. Statutory provisions are also in place to ensure the admissibility of witness statements in circumstances where a witness seeks to resile from a statement already provided to the Garda Síochána in the course of an investigation. The Criminal Justice Act 2006 provides that a statement relevant to court proceedings may be admitted as evidence even if the witness, although available for cross-examination, refuses to give evidence or denies making a statement. It is a matter for the court of trial to decide if such a statement is to be admitted as evidence.

We have strong legislation in place to tackle money laundering and the financing of terrorism in the Criminal Justice Act 1994 and the Criminal Justice (Terrorist Offences) Act 2005. In February, 2008 the Government approved my proposals for the Criminal Justice (Money Laundering) Bill which will update our current legislation in this area and strengthen Ireland's existing anti-money laundering and terrorist financing regime. This is an important piece of proposed legislation as it deals with implementation of the Third EU Money Laundering Directive and relevant recommendations arising from the Financial Action Task Force third mutual evaluation report.

In every criminal case where the possibility of intimidation of civilian witnesses may be an issue the case is closely monitored by An Garda Síochána throughout the investigation, up to and including any criminal proceedings. In circumstances when a witness is crucial to the case, the evidence to be proffered is not available elsewhere and there is a serious threat to the life of the witness or his/her family, an application can be made, with the consent of the witness, to have him/her included in the Witness Security Programme. When an investigation team is aware of such intimidatory incidents they may be raised with the trial judge, who may decide to revoke bail or impose another sanction on the suspect.

The offence of blackmail, extortion and demanding money with menaces is provided for in the Criminal Justice (Public Order) Act, 1994 which makes it an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.

I am determined that the Gardaí and other agencies of the criminal justice system will play their full part in dealing with this type of behaviour and that they are properly resourced, both legislatively and financially, to do so.

Crime Prevention.

Leo Varadkar

Ceist:

58 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the rationale for the establishment of Operation Encounter; the nature of the initiative; the original budget defined for its implementation; the expenditure on it to date; the goals set for the operation before its inception; the goals that have been met and the goals that remain to be met; and if he will make a statement on the matter. [14128/08]

An Garda Síochána proactively target public disorder and anti-social behaviour. Additional foot and mobile patrols are directed to areas subject to such behaviour during such times when these offences are more likely to occur. All such incidents detected by members on patrol or reported to An Garda Síochána are dealt with immediately and the suspected offenders are dealt with in accordance with the law.

I am informed by the Garda authorities that Operation Encounter was commenced by the Garda Commissioner in February, 2002 to target public disorder and anti-social behaviour against the community and local businesses. The Operation specifically targets offences contrary to the Criminal Justice (Public Order) Act 1994 and the Intoxicating Liquor Act 1988, which include the sale to and consumption of alcohol by underage persons. Since the commencement of Operation Encounter almost 465,000 offences have been detected.

The detailed allocation of Garda resources is a matter for the Garda Commissioner to decide in accordance with his identified operational requirements and priorities. As Operation Encounter is an ongoing operation relating to general duties carried out by Garda members, there is no specific budget allocated for it.

Sale of Alcohol.

Róisín Shortall

Ceist:

59 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the steps he has taken to ensure the more effective enforcement of the law in regard to the sale of alcohol and particularly the sale of alcohol to persons under age; and if he will make a statement on the matter. [14072/08]

Provisions for controlling supply to and consumption of intoxicating liquor by persons under the age of 18 years are contained in the Intoxicating Liquor Act 1988, as amended. The national age card scheme by the Garda Síochána has facilitated the Force, in co-operation with the licensed trade, in addressing and combating the problem of underage drinking. The age card scheme allows any person who has attained 18 years of age to apply for an age card at his/her local Garda Station in order to confirm that they have attained the legal age for the purchase of intoxicating liquor.

The new age card introduced in 2006 has state of the art security features. Its design has been greatly enhanced and includes an image security feature that is supplied only to Government projects worldwide. Currently there is no matching technology or method by which this technology can be copied.

We have to accept that we have a problem with binge drinking and it is clear that this problem is adding to public disorder. The Government Alcohol Advisory Group, which I established at the beginning of the year, was tasked with examining key aspects of the law governing the sale and consumption of alcohol and the adequacy and effectiveness of existing sanctions and penalties, including those directed towards combating excessive and under-age alcohol consumption. The Group also considered issues of enforcement of legislation.

The Group presented their report to me on 31 March, 2008. I intend to bring the contents of the Report to the attention of Government in the very near future and, at the same time, to seek Government approval of proposals for the implementation of recommendations contained in the Report. My commitment is to publish the relevant legislation during the current session and, with the assistance and cooperation of both Houses, to have it enacted before the Summer recess. In parallel with this, work will continue on the drafting of a comprehensive Sale of Alcohol Bill, which is already included in the Government Legislation Programme for 2008 and which will modernise and streamline the law in this area. Under the Garda Síochána Act 2005 it is open to me to set policing priorities for An Garda Síochána. One of the priorities I have set for 2008 is to combat, particularly in cooperation with other agencies and the community generally, the problems of public disorder with particular emphasis on alcohol related behaviour (including under age drinking) and socially disadvantaged communities especially through utilisation of the legal mechanisms being made available, including behaviour warnings and closure orders

I am informed by the Garda authorities that Operation Encounter, was commenced by the Commissioner in February, 2002 to target public disorder and anti-social behaviour against the community and local businesses. The Operation specifically targeted offences contrary to the Criminal Justice (Public Order) Act 1996 and the Intoxicating Liquor Act 1988, which include the sale and consumption of alcohol by underage persons.

Anti-Social Behaviour.

Deirdre Clune

Ceist:

60 Deputy Deirdre Clune asked the Minister for Justice, Equality and Law Reform the steps being taken to tackle anti-social behaviour in Carrigaline, County Cork; and if he will make a statement on the matter. [14167/08]

I am informed by the Garda authorities that local Garda management is aware of ongoing problems of public disorder and anti-social behaviour in the area concerned.

Community Gardaí are in constant contact with schools and youth groups in the area, and there have been a number of seminars with local community groups and the business community in an effort to evaluate the extent of the problem and to help target resources at identified problem areas.

I am further informed that local Garda management has noted a decrease in anti-social behaviour type offences recorded. The position is continuously reviewed, and the response modified accordingly.

Garda Deployment.

David Stanton

Ceist:

61 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform his plans to increase the visibility of An Garda Síochána in small rural towns and villages; and if he will make a statement on the matter. [14166/08]

Engagement with rural communities and rural policing is one of the priorities of An Garda Síochána. Senior Garda management continually monitor resources and policing initiatives to ensure that the service being provided to these communities by Garda personnel is continuously improving.

As of 31 March, 2008, the latest date for which figures are readily available, there were 13,900 fully attested members of An Garda Síochána with a further 1,306 recruits in training. The combined strength of the force including recruits in training on that date was 15,206.

Staffing levels at Garda stations are monitored by local Garda management to ensure adequate coverage is provided to the areas concerned. Where vacancies arise in rural areas they are filled as expeditiously as possible to ensure continuity in the service being provided by An Garda Síochána to the local community.

I am informed that in order to enhance rural policing a number of initiatives have been implemented in Garda Divisions nationally. Checkpoints are established at strategic locations in rural areas in order to detect criminals travelling to commit crime. Criminals travelling to commit crimes in rural areas have been targeted through intelligence led operations, as a result of which a number of arrests have been made and criminal groups disrupted. Initiatives under Operation Anvil have been implemented in every Garda District in the country, incorporating special crime prevention and detection patrols in rural areas which have been identified as vulnerable to crime. Such patrols include all available Garda resources including uniform and plain-clothes personnel, District Detective and Drug Units as well as Divisional Crime Task Forces and Traffic Corps personnel. Patrol times are also varied in order to maximise coverage in such areas.

Crime Prevention Officers are available to offer crime prevention and security advice to residential and business groups in rural areas and regularly provide such advice through local media outlets such as newspaper and radio broadcasts. The enhanced liaison structures between Garda management and local authorities being established through Joint Policing Committees are of significant benefit to the policing of rural areas, and this will increase as the Committees are rolled out to all local authorities in the near future. Important partnerships in which the Gardaí are involved are the Community Alert Programme and Neighbourhood Watch, national strategies for which for the period 2007-2011 were launched in Autumn 2007. The new strategies include a number of significant improvements. Training has been provided to the sergeants and inspectors most closely involved with the Programmes. In addition, the holding of information seminars is continuing for all liaison Gardaí and scheme coordinators for Garda Districts and Divisions.

My Department provides funding to Muintir na Tíre to operate Community Alert, and An Garda Síochána operate Neighbourhood Watch. In addition, members of local Community Policing Units assist residents in rural areas in establishing and strengthening Community Alert schemes.

Drug Seizures.

Aengus Ó Snodaigh

Ceist:

62 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if there has been a decision to roll-out the dial to stop drug dealing scheme that was successfully piloted in Blanchardstown to other locations. [13991/08]

I am pleased to advise the Deputy that following the success of this local initiative in Blanchardstown, the National Drugs Strategy Team is currently finalising proposals to begin a national roll out of this programme this year in conjunction with the fourteen local and ten regional drug task forces.

Prison Equipment.

Michael Creed

Ceist:

63 Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform the timeframe for the roll out of mobile phone signal blocking equipment to all prisons; and if he will make a statement on the matter. [14158/08]

I am committed to dealing with the problem of prisoners using mobile phones. On completion and evaluation of the pilot project to inhibit mobile phones in the Midlands and Portlaoise Prisons, the Irish Prison Service will proceed to install mobile phone inhibitors in all prisons.

The indication of the success of the pilot scheme in the Midlands continues to be positive, and if the early results from the pilot inhibition project are confirmed, inhibitors will be installed in all other closed prisons over an 18 to 24 month period.

Crime Levels.

Damien English

Ceist:

64 Deputy Damien English asked the Minister for Justice, Equality and Law Reform the number of burglaries recorded at each Garda station in County Wexford for 2007; the number of detections which resulted from these burglaries; and if he will make a statement on the matter. [14163/08]

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 since the third quarter of 2006.

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

Garda Vetting Services.

Aengus Ó Snodaigh

Ceist:

65 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the steps he is taking to speed up the turn around time of Garda vetting checks in view of the fact that delays are resulting in loss of earnings for individuals who are prohibited from officially taking up their full positions of employment until such time as the vetting application is completed. [13992/08]

I am informed by the Garda authorities that all vetting application forms received by the Garda Central Vetting Unit (GCVU) are processed in sequential order from the date of receipt. The current, average turnaround time for the processing of correctly completed vetting application forms is approximately one month. Significant departures from the average processing time occur only when further, more detailed enquiries are required in specific instances.

In order to meet the increased demand arising since 2006 from the ongoing major expansion in the provision of its vetting service, the GCVU has been in receipt of very significant additional resources. In particular, the human resource allocation to the Unit has increased from 13 originally to its current level of more than 60, with new personnel joining the Unit in each of the first three months of this year. When all these personnel have completed their induction and training, it is anticipated that processing times will be further reduced.

Garda Management.

Eamon Gilmore

Ceist:

66 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform if he is satisfied with the rate of implementation of recommendations made by the Garda Inspectorate for Garda Reform, having regard to the fact that just one third of the reforms have been acted upon; and if he will make a statement on the matter. [14048/08]

I am satisfied that significant progress is being made in implementation of the Garda Inspectorate's Recommendations. The first three reports of the Garda Inspectorate were as follows: report on the Senior Management Structure; review of Practices and Procedures for Barricade Incidents; and policing in Ireland, Looking Forward.

The reports covered a wide range of issues from senior management to the technicalities of managing barricade incidents and the development of ICT systems. Over 130 recommendations have been made. Bearing in mind the major programme of reform and modernisation underway in the Garda Síochána as well as the major civilianisation programme, I believe that the Commissioner has made commendable progress in implementing the Inspectorate's recommendations.

I note that when publishing the Inspectorate's report on the implementation of its recommendations the Chief Inspector, Kathleen O'Toole said: "Overall, the Inspectorate is very pleased that nearly all of its recommendations to date have been accepted and that substantial progress has been made in giving effect to them. The Inspectorate confirms that over one third of the 134 recommendations have been implemented. This is set to increase to more than eighty percent by October of this year."

Road Safety.

Joanna Tuffy

Ceist:

67 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform the position in regard to the tender process for the provision of speed cameras; the proposed timetable for the installation of same; and if he will make a statement on the matter. [14077/08]

Thomas P. Broughan

Ceist:

84 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform when the rollout of 6000 hours of speed camera enforcement will be delivered; the amount it is estimated to cost; the reason the supposedly prohibitive estimated cost of the speed camera rollout was not taken into consideration before it was included in the Road Safety Strategy 2007 to 2012 in Autumn 2007; the further reason he did not allocate additional funding from his Department’s budget for 2008 to the rollout of the speed camera programme; if he has requested additional funding from the Department of Finance for the national speed camera rollout; the number of speed camera hours currently in operation across the road network; and if he will make a statement on the matter. [9611/08]

I propose to take Questions Nos. 67 and 84 together.

A tender process for procuring an outsourced safety camera network is under way. During this process issues arose because it emerged that costs involved would be substantially higher than had been estimated when the matter was considered by Government previously, which necessitated a further examination of the matter by Government. The Government has confirmed that it will be proceeding with the outsourcing of a countrywide safety camera network and the financial resources necessary to do so will be provided. The tender process is at an advanced stage, and it is expected that contract negotiations with the preferred bidder will commence shortly.

As the tender process is not complete I am not in a position to indicate at this time the cost of the project nor was it possible to allocate an amount in the 2008 Estimates. I am informed by the Garda authorities that they currently operate a range of mobile speed detection equipment, including six Gatso vans (mobile units with on-board cameras, radar and a computer system) throughout the State. There is also a number of fixed camera installation posts at various locations in the Dublin area and the Louth/Meath Division and cameras are rotated between these posts.

The financial resources allocated to traffic related duties increased from €3.7 million in 2007 to €11 million in this year's Estimates, in addition to the amount which will be allocated for the safety camera network. An Garda Síochána have been authorised to replace the GATSO systems currently operating with eight new state of the art mobile speed cameras. These will be operational not later than June. This will take place against the background of an increase in the Garda Traffic Corps of 170 this year and 225 last year, bringing the strength of the Corps to 1,200 by end of the year.

In addition, approval has also been given for the Gardaí to acquire an Automated Number Plate Recognition System for up to 100 Garda vehicles, which among many features, will have a speed detection capability. Gardaí will also continue to use over 400 hand held detection devices available to them.

Prisoner Escapes.

Liz McManus

Ceist:

68 Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform the number of prisoners who have escaped or absconded from prisons here in each of the past ten years; the number who were serving sentences for serious crimes; if he is satisfied with the effort made to locate them; and if he will make a statement on the matter. [14056/08]

I refer the Deputy to my answer to question 180 of 4 March, 2008. The position remains unchanged.

Question No. 69 answered with Question No. 55.

Prison Education Service.

Seymour Crawford

Ceist:

70 Deputy Seymour Crawford asked the Minister for Justice, Equality and Law Reform the reason the CONNECT project was abolished; and if he will make a statement on the matter. [14136/08]

I am informed by the Director General of the Irish Prison Service that CONNECT was piloted with EU Integra Funding in the years prior to 2000 and was announced as part of the 2000 to 2006 National Development Plan. Expenditure under the programme consisted in the main, of staff salaries and materials for the work training area. CONNECT consisted of three strands: work training (including Special Projects); sentence management; and capital projects.

CONNECT's original focus was on vocational orientation and training for prisoners, combined with job placement at the time of release. CONNECT in its structure was intended to permit other needs of prisoners (which may impact on their employability) to be addressed through the services available within prison. An internal Irish Prison Service review of CONNECT was carried out in 2002. The result of which was a decision to refocus the project to concentrate on the Work Training area. It was decided that the sentence management elements needed to be aligned more centrally within the prison system rather than residing in the work training area. This change in focus was subsequently agreed by the Regional Monitoring Committees that monitor the NDP during the Mid-term Review Process.

The refocus towards the provision of enhanced prevocational and vocational training in Irish prisons involved dedicated new staffing and funding for the expansion of work training in the prison system. The Work Training Service now comprises an authorised complement of over 250 posts — a major increase on the numbers engaged prior to the Agreement for Organisational Change of 158, resulting in new activities and workshops, and over €5 million has been spent in the last two years alone, on the ongoing workshop refurbishment and equipment replacement programme. New workshops and activities are also continuing to be developed at various institutions. Furthermore, a Quality Assurance System (QAS) is being introduced to underpin FETAC certification of a range of vocational and employability programmes and courses.

Currently we have over 90 workshops operating across the prison estate. The new prison development at Thornton Hall will provide extensive work training facilities, providing vocational skills to upwards of 700 prisoners each day. The learning from CONNECT, in respect of such other aspects as individual programme planning, and indeed from new interventions piloted in other initiatives such as the EQUAL project, a European Social Fund (ESF) programme, is being taken into account in the development and rollout of Integrated Sentence Management (ISM). ISM, which is being funded under the new National Development Plan, will provide for initial risk and needs assessments, individualised plans and targeted service delivery to prisoners. ISM will be delivered progressively over the lifetime of the NDP.

Garda Deployment.

Charlie O'Connor

Ceist:

71 Deputy Charlie O’Connor asked the Minister for Justice, Equality and Law Reform if he will take action to ensure a high visibility Garda presence on the streets of Tallaght, Dublin 24; and if he will make a statement on the matter. [11855/08]

I am informed by the Garda authorities that the personnel strength of Tallaght Garda Station as at 31 March, 2008, the latest date for which figures are readily available, was 179.

An unprecedented increase in the strength of the Garda Síochána is continuing in line with the commitment in the Programme for Government, with an intake of approximately 1,100 recruits per annum. In addition, there is a significant expansion under way in the number of civilian staff being made available to the Commissioner.

Tallaght Garda District is patrolled by foot and mobile patrols from that Garda station, including uniform and detectives units, the Community Policing Unit, the District Drug Unit and the District Traffic Corps, with a view to ensuring a concentrated and visible Garda presence in the area. There are also four Juvenile Liaison Officers allocated to the area. The Garda District personnel are supplemented, as required, by resources from the Divisional Crime Task Force and the Divisional Traffic Corps.

A Mountain Bike Unit is also based in Tallaght District, consisting of six bikes, which are actively used by members of the regular Garda units and the Community Policing Units.

The Community Policing Unit consists of 2 Sergeants and 22 Gardaí. These Gardaí liaise closely with communities through schools, businesses, churches, community centres and other community groups in the area. Members of the Community Policing Unit operate Garda clinics for one hour per week, in conjunction with the Anti-social Behaviour Unit of South Dublin County Council.

When necessary, and to support more serious investigations being conducted in the District, expert assistance is also available from National Units, including the Garda National Drugs Unit, the National Bureau of Criminal Investigation, the Garda Bureau of Fraud Investigation, the Criminal Assets Bureau, the Technical Bureau and the Operational Support Units, including the Garda Air Support, Mounted, Water and Dog Units.

I am informed that local Garda management constantly monitor criminal activity and crime levels within the District and Division and the allocation of personnel is kept under regular review to ensure the provision of a policing service in the area.

Current policing policy in the area is predicated on the prevention of crime, including crimes of violence against persons and property, the prevention of public order offences and the maintenance of an environment conducive to the improvement of the quality of life of the residents. This strategy is, and will continue to be, central to the delivery of the policing service in this area.

State Airports.

Pat Breen

Ceist:

72 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform if he discussed the extension of the US customs and border protection facility at Shannon Airport with the US President, Mr. George Bush in Washington recently; and if he will make a statement on the matter. [11905/08]

I did not discuss this issue during my recent Ministerial engagements in the US.

However, my Department has been and continues to be involved in the ongoing negotiations with the US authorities on the possible extension of US customs and border protection facilities at Shannon Airport.

Public Order Offences.

Joe Costello

Ceist:

73 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform his views on the increase of almost 60% in the number of public order offences between 2003 and 2007; the steps he is taking to reduce the number of such offences; and if he will make a statement on the matter. [14046/08]

Bernard J. Durkan

Ceist:

591 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the steps he has taken to prevent anti-social behaviour; the number of cases reported to the Gardaí since the introduction of the legislation; the number of prosecutions arising therefrom; and if he will make a statement on the matter. [14459/08]

I propose to take Questions Nos. 73 and 591 together.

It is the nature of many public order offences that they are only recorded and detected because of the presence of Gardaí. Accordingly, an increase in the number of such offences detected almost certainly signifies can signify increased Garda activity rather than any failure in Law enforcement.

Under the Garda Síochána Act 2005 it is open to me to set policing priorities for An Garda Síochána. One of the priorities I have set for 2008 is to combat, particularly in cooperation with other agencies and the community generally, the problems of public disorder. I specified that there should be particular emphasis on alcohol related behaviour (including under age drinking) and socially disadvantaged communities.

Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in this regard. Furthermore, the Intoxicating Liquor Act 2003 contains provisions to deal with alcohol abuse and its effect on public order. In addition, the Criminal Justice (Public Order) Act 2003 provides the Garda with powers to deal with late night street violence and anti-social conduct attributable to excessive drinking.

Operation Encounter was commenced by the Commissioner in February 2002 to target public order and anti-social behaviour against the community and local businesses. The operation specifically targets offences contrary to the Criminal Justice (Public Order) Act 1996 and the Intoxicating Liquor Act 1988 which include the sale and consumption of alcohol by underage persons.

All members of An Garda Síochána proactively target public disorder and anti-social behaviour. Areas subject to such behaviour have been identified as ‘hot-spots' by local Garda management and additional foot and mobile patrols are directed at these areas during times when these offences are more likely to occur. All such incidents detected by members on patrol or reported to An Garda Síochána are dealt with immediately and the suspected offenders are dealt with in accordance with the law. Almost 465,000 offences have been detected since the commencement of Operation Encounter.

The Government Alcohol Advisory Group, which I established at the beginning of the year, was tasked with examining key aspects of the law governing the sale and consumption of alcohol, including those directed towards combating excessive and under-age alcohol consumption. The Group presented their report to me on 31 March 2008. I intend to bring the contents of the report to the attention of Government in the very near future and, at the same time, to seek Government approval of proposals for the implementation of recommendations contained in the report. I intend to publish the relevant legislation during the current session and, with the assistance and cooperation of both Houses, to have it enacted before the Summer recess.

The Criminal Justice Act, 2006 enacted provisions to combat anti-social behaviour by adults and children. These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. A significant number of behaviour warnings have been issued under the legislation — 557 behaviour warnings to adults up to the end of March and 211 to children. There have also been seven formal good behaviour contracts, which are used only in the case of children, agreed.

In addition to the criminal law, there is a range of initiatives in place to get at the root causes of this type of behaviour. The Garda Juvenile Diversion Programme has proven to be highly successful in diverting young persons away from crime by offering guidance and support to juveniles and their families. Under the provisions of the Children Act, 2001 the Programme has a statutory basis.

Garda Youth Diversion Projects are community-based, multi-agency crime prevention initiatives which seek to divert young people from becoming involved, or further involved, in anti-social or criminal behaviour. There are currently 100 projects operating throughout the country, and it is intended to establish a further 68 projects in the lifetime of this Government, bringing the total number of projects to 168 nationwide.

More broadly, a number of reforms have taken place in recent years to bring about a more effective youth justice system and these have been enshrined in legislation in the Children Act 2001, as amended. The Act is based on the principles of diversion from crime and anti-social behaviour, restorative justice, the expanded use of community-based sanctions and measures by the courts.

The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and senior Garda officers, with the participation of Oireachtas members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area. There are currently 29 Committees in operation in a pilot phase to gain experience rolling the Committees out to all local authority areas in the State. In general the outcome to date has been positive, and the Committees are meeting definite local needs. Issues of public disorder are high on the agenda of the committees.

Following on from a consultation seminar last November, work is underway on revising the guidelines under which the committees operate in the light of the experience gained to date. Following consultation with my Ministerial colleagues, I intend to issue revised guidelines to enable the roll out of the committees to take place as soon as possible, which I envisage will be in the middle of this year.

Garda Deployment.

Liz McManus

Ceist:

74 Deputy Liz McManus asked the Minister for Justice, Equality and Law Reform the number of Gardaí currently operating as juvenile liaison officers; if he has plans to increase the number having regard to the success of schemes operated by JLOs; and if he will make a statement on the matter. [14057/08]

Joe McHugh

Ceist:

91 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform the number of juvenile liaison officers working here; his plans to expand the force; and if he will make a statement on the matter. [14151/08]

I propose to take Questions Nos. 74 and 91 together.

As of 31 March 2008, the number of Gardaí assigned to the Juvenile Liaison service (JLO) was 102. The Garda Commissioner has given a commitment to appoint an additional 21 JLOs by 2010.

The Garda Juvenile Diversion Programme has proven to be highly successful in diverting young persons away from crime by offering guidance and support to juveniles and their families. It also enables referral to the Garda Youth Diversion Projects which operate separately from the Programme and aim to divert young people away from crime and anti social behaviour. These Projects are community-based, multi-agency crime prevention initiatives which seek to divert young people from becoming involved, or further involved, in anti-social or criminal behaviour. There are currently 100 of these types of projects operating throughout the country and this number will be extended to 168 in line with the commitment in the Agreed Programme for Government.

Garda Operations.

Ruairí Quinn

Ceist:

75 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform the action taken in regard to the report into the circumstances in which the Gardaí failed to act on information supplied through Interpol from the Austrian authorities in relation to the alleged involvement of people based here in a global child pornography ring; the reason the report will not be published; if he is satisfied that adequate procedures are in place to ensure that information supplied is dealt with in future; and if he will make a statement on the matter. [14067/08]

I am informed by the Garda authorities that the Garda Chief Superintendent appointed to conduct an investigation into the matter concerned has submitted his report, which is internal to An Garda Síochána and to the Garda Commissioner.

I am further informed that the report provides a comprehensive review of the actions taken by all parties in relation to the information supplied by the Austrian authorities through Interpol and makes a number of recommendations to ensure that such an occurrence does not happen in the future. These recommendations are being implemented by the Garda authorities.

Juvenile Offenders.

Joe McHugh

Ceist:

76 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform the number of juveniles who have been held in detention centres here for the years 2004, 2005, 2006 and 2007; and if he will make a statement on the matter. [14150/08]

I am informed by the Director General of the Irish Prison Service that the data below relate to those of 15 years and above but less than 18 years, the overwhelming majority of whom were detained in Saint Patrick's Institution, a closed medium security place of detention for males aged 16 to 21 years of age.

Year

Persons Committed

Total Committals

2004

350

509

2005

280

389

2006

297

473

2007

260

393

It should be noted that the total number of committals per year is greater than persons, as a person may have been committed more than once during the year.

A snapshot of committals for the 15 to 18 year age group in 2006 gives the following breakdown:

Age

Female

Male

Total

15

1

2

3

16

4

129

133

17

12

149

161

Liquor Licensing Laws.

Caoimhghín Ó Caoláin

Ceist:

77 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will introduce emergency legislation closing the current loophole whereby the licence to sell alcohol appears to be transferred from the licence holder to the delivery person in dial and drink situations contributing to underage drinking problems. [14029/08]

The law already provides for the matter referred to by the Deputy.

Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the premises to which the licence refers for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person to do so. Sales of intoxicating liquor for which payment is received on delivery do not comply with these statutory provisions. The penalty on conviction for such an offence is a fine of up to €1,500 for a first offence and up to €2,000 for a second or subsequent offence.

Section 31 of the Intoxicating Liquor Act 1988 (as amended by the Intoxicating Liquor Acts of 2000 and 2003) makes provision for offences relating to the sale and delivery of intoxicating liquor to persons under the age of 18 years. It is an offence under section 31(2) for a licensee to sell or deliver, or to permit any other person to sell or deliver, intoxicating liquor for consumption by a person under the age of 18 years in any place except with the explicit consent of that person's parent or guardian in a private residence in which he or she is present either as of right or with permission. The penalty on conviction for such an offence is a fine of up to €1,270 for a first offence and up to €1,904 for a second or subsequent offence.

In addition, the Intoxicating Liquor Act 2000 provides for the mandatory temporary closure of licensed premises in cases where a licensee is convicted of an offence under section 31 of the 1988 Act (up to 7 days for a first offence, or at least 7 and not more than 30 days for a second or subsequent offence).

Garda Operations.

David Stanton

Ceist:

78 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform his further plans to expand the Garda diversion programme; and if he will make a statement on the matter. [14165/08]

Part 4 (Sections 17-51) of the Children Act 2001, as amended, provides the legislative framework for the Garda Diversion Programme. The Programme operates under the general superintendence and control of the Garda Commissioner. As the Deputy is aware, it is the responsibility of the Garda Commissioner to decide on the prioritisation and allocation of resources within the force. The Commissioner has indicated that, subject to operational demand, he will increase the resources available to the Garda Juvenile Diversion Programme. As of 31 March 2008, the number of Juvenile Liaison Officer (JLO) positions was 102. The Garda Commissioner has given a commitment to appoint an additional 21 JLOs by 2010.

Operating separately to, but in tandem with the statutory Diversion Programme are the Garda Youth Diversion Projects, which are funded by my Department through the Irish Youth Justice Service. These projects are community-based, multi-agency crime prevention initiatives which seek to divert young people from becoming involved, or further involved, in anti-social or criminal behaviour. There are currently 100 of these type of projects operating throughout the country and this number will be extended over the next few years to 168, in line with the commitment in the Agreed Programme for Government. Additional resources have been allocated to fund the expansion of these projects with funding set at €11.909 million for 2008 out of a total of €120 million allocated under the National Development Plan 2007-2013.

Residency Permits.

Emmet Stagg

Ceist:

79 Deputy Emmet Stagg 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 Kildare for a stamp four or long term residency; the reason for the delay in this case; and if he will make a statement on the matter. [11857/08]

Long term residency was introduced by way of an administrative scheme in May 2004. The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

Time spent in the State on student conditions cannot be counted towards long term residency.

While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residency from the person referred to by the Deputy was received on the 23 July 2007. I understand that applications received in August 2006 are currently being dealt with.

I understand that following the redeployment of resources within the Irish Naturalisation and Immigration Service, additional personnel have recently been assigned to deal with applications for long term residency. I am satisfied that these additional resources will make an impact in processing the backlog on hand and dealing with the ongoing increase in the number of applications being received.

Garda Divisions.

Damien English

Ceist:

80 Deputy Damien English asked the Minister for Justice, Equality and Law Reform the implications the establishment of a Garda division for Wexford, separate from Wicklow, will have in terms of manpower and resources; and if he will make a statement on the matter. [14162/08]

In accordance with section 22 of the Garda Síochána Act 2005, proposals in relation to changes to Garda Divisions are a matter in the first instance for the Garda Commissioner in the context of the Annual Policing Plans. The Garda Síochána has committed in its Annual Policing Plan for 2008 to institute separate Divisions of Wicklow and Wexford.

I am informed by the Garda Authorities that the key benefits of this initiative for both Divisions of Wicklow and Wexford include greater efficiencies and effectiveness in facilitating the establishment and working of Joint Policing Committees in accordance with the provision of Section 22(1) of the Garda Síochána Act 2005. This will lead to reduced duplication of effort for both Garda management and the local authorities as the requirement to sit on more than one Joint Policing Committee will be removed. In addition, it will facilitate improved consultation between the Garda Síochána and elected representatives concerning matters such as public disorder and other anti-social behaviour.

The personnel and resources requirements for the two Divisions are being fully considered by the Garda authorities as part of the planning and management of the project.

Prison Building Programme.

Kathleen Lynch

Ceist:

81 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform the position in regard to the proposed Thornton Hall prison plan; the latest estimate available to his Department of the expected cost, including the cost of the site, the provision of infrastructure and ancillary services; the cost of construction and fitting out of the prison; the costs incurred to date; the estimated date for the completion of the project; and if he will make a statement on the matter. [14054/08]

Negotiations are currently underway with a commercial consortium, which was selected following an E.U. tender procedure as the preferred tender for the design, construction, finance and maintenance of the proposed prison facilities at Thornton Hall, North County Dublin.

The project includes the construction of the prison facilities along with the ancillary infrastructure including services. The development consent procedure for the development is set out in Part 4 of the Prisons Act 2007. I am pleased to advise the House that the Notice of Development and Environmental Impact Assessment in respect of the project was published on Friday 29 February 2008. The closing date for receipt of observations or submissions in respect of the Environmental Impact Assessment was 11 April.

A copy of the Notice of Development has been lodged in the Oireachtas library. The publication of the Environmental Impact Assessment afforded all interested parties ample opportunity to make their views known and have them fully considered prior to a decision to proceed with the development.

It is intended, subject to the statutory planning phase and the successful conclusion of the contract negotiations, to commence construction later this year. It is envisaged that the development will take approximately three years to complete.

It is not, for commercial and procurement reasons, possible to provide details as to the likely costs of the construction and fit out costs. The disclosure of such information is, in any event, not allowed under Department of Finance PPP guidelines.

I can, however, confirm the following expenditure which has taken place to date on the project. The cost of the site acquisition was €29,900,000. An additional 8.7 acres has also been acquired to provide a dedicated access road to the main site. This was done following representations from the local community which reflected concern in relation to the effect of increased traffic generated by the prison project. In addition to allaying these concerns, the new roadway will provide significant additional benefits both during the construction and operational phases of the project. The cost of this additional land was €1,305,000.

A total of €5,863,895.00 has been expended to date on preliminary site works including surveys, landscaping, security and maintenance of the property, studies such as archaeological, topographical, etc., and professional fees including legal and specialist technical advice.

Expenditure to date on the project has amounted to a total of €37,068,895.00 including site acquisition costs.

Garda Equipment.

Joe Costello

Ceist:

82 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if he has received a recommendation from the Garda Commissioner as to whether members of the Force should be supplied with pepper sprays to help fend off attacks; when he expects a decision will be made on this proposal; and if he will make a statement on the matter. [14047/08]

I am informed by the Garda authorities that a Working Group has been established to examine the use of incapacitant sprays. The Group is chaired by the Assistant Commissioner in charge of Crime and Security and is researching: the effectiveness of incapacitant spray; the medical implications involved; and the development of a policy for the use of such devices and its operational and training implications. The Working Group will report to the Commissioner on completion of this examination.

Garda Retirement Age.

Jack Wall

Ceist:

83 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform if he has plans to raise the compulsory retirement age for senior Garda officers from its current level of 60; if he is satisfied that the compulsory retirement age is consistent with obligations under equality law and anti-discrimination measures; and if he will make a statement on the matter. [14080/08]

Aengus Ó Snodaigh

Ceist:

608 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the steps he will take to address the perceived discrimination that prevents members of An Garda Síochána from serving until the age of 65 as is the case for all other civil servants; and if he will make a statement on the matter. [14508/08]

I propose to take Questions Nos. 83 and 608 together.

I believe that the current compulsory retirement age of 60, which is now applicable to all ranks in An Garda Síochána, is fully consistent with the law on equality and anti-discrimination. I have no proposals to raise this age limit. Any proposals for change in the retirement age would have to be considered in light of the extremely favourable retirement package available to Gardaí generally.

Question No. 84 answered with Question No. 67.
Question No. 85 answered with Question No. 57.

Regulation of Legal Profession.

Emmet Stagg

Ceist:

86 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform his proposals for the effective regulation of solicitors, having regard to the statement made to Dáil Éireann on 21 November 2007 that he was not satisfied with the system of self-regulation; and if he will make a statement on the matter. [14075/08]

I refer the Deputy to my reply to Question No. 89 of 13 December 2007. I have nothing further to add to the details of that reply other than to say that the Legal Services Ombudsman Bill was published on 27 March 2008.

Garda Charter.

Joanna Tuffy

Ceist:

87 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform when he expects to introduce the Garda Charter, promised in the Programme for Government, setting out targeted Garda response times and levels of service which the public can expect; and if he will make a statement on the matter. [14078/08]

The policing priorities for 2008 which I set for An Garda Síochána include, "To increase the level of high visibility patrols, including through greater use of marked vehicles, linked to the development during 2008 of a Garda Charter which will set out targeted response times and levels of service, including frequency of high visibility patrols."

This priority has been incorporated into the Annual Policing Plan for 2008 by the Garda Commissioner who has set a target for its development later this year.

Earlier this month I asked the Garda Inspectorate to examine the allocation of Garda resources and also to provide advice on the development of a Garda Charter as proposed in the Programme for Government and I look forward to receiving its advice.

An Garda Síochána has always been cognisant of its duty to provide a high quality service to the public. It has currently in place a Garda Customer Charter and a Declaration of Ethical and Professional Standards, and it is developing a Customer Relationship Model for all its customers.

I aim to build on the excellent record of An Garda Síochána in this regard through the development of a Charter which will ensure that Garda resources are targeted where they can have most effect and can respond rapidly and effectively to the needs of communities in all parts of the country.

Drug Seizures.

Ciaran Lynch

Ceist:

88 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform the quantity and value of seizures of heroin, cocaine, cannabis, and other drugs here during 2007; the proportion of the overall flow of drugs into Ireland that is believed to be represented by these seizures; the new initiatives he is planning to control the flow of illegal drugs into Ireland; and if he will make a statement on the matter. [14053/08]

I am informed by the Garda authorities that the following table provides details of the seizures made of the main categories of illegal drugs for 2007.

*Drug Seizures in 2007

Drug Type

Quantity

Street Value

Heroin

125.2 Kgs

24,920,000

Cannabis Resin

1.7 Tonne

12,416,000

Cannabis Herb

1.76 Tonne

3,676,000

Ecstasy Tablets

360,279 tablets

3,602,000

*Cocaine

1.7 tonne

119,480,000

Amphetamine

64 kgs

1,010,000

Total

164,604,000

* These figures are provisional only.

Obviously, given the clandestine nature of this illegal activity it is extremely difficult to quantify with any degree of certainty the proportion of drug seizures made in this jurisdiction by our law enforcement authorities in relation to the overall volumes of drugs being trafficked. Any estimate is, therefore, speculative.

According to the United Nations Office for Drugs and Crime (UNODC), the global illicit drug trade is reputed to exceed billions of US$ annually. That office estimated in 2005 that global seizures for that year accounted for 44% of cocaine production, 28% of cannabis resin, 25% of opium production, 7% of amphetamines and 4.7% of ecstasy.

As I am sure the Deputy appreciates, drug misuse remains one of the most complex social ills faced globally. Our drug law enforcement response is of course a vital feature of our overall response in addressing the issue but we cannot just look at the issue from a supply reduction perspective only.

Rather, we must examine the drugs problem in the wider context in which it takes place and take cognisance of the fact that the demand for and the use of illegal drugs is what fuels the drugs trade. The measures that we have in place to address the problem must take account of this.

The Government remains resolutely committed to tackling the problem through our current National Drugs Strategy 2001-2008.

The National Drugs Strategy addresses the problem under pillar headings of education and prevention, supply reduction, treatment and rehabilitation and research and is firmly founded on the principle that drug misuse needs to be addressed in an integrated manner across these headings through a co-operative approach involving the statutory, community and voluntary treatment sectors.

The Department of Community, Rural and Gaeltacht Affairs, under the stewardship of my colleague and Minister of State Mr. Pat Carey, T.D., is the lead Government Department in co-ordinating the implementation of the National Drugs Strategy and has recently begun the process of developing our new Strategy for the years 2009-2016.

This work will involve a wide-ranging consultative process, in which my Department will actively participate, which will fully inform the development of our new Strategy. This process will incorporate a comprehensive public consultation element which will include a series of 15 public meetings this year which will be held around the country between late April to early June.

My Department's remit in this area, while not exclusively, is primarily in the area of drug supply reduction, and drug law enforcement remains a key feature of the Government's drug policy framework.

An Garda Síochána invokes a number of broad strategic responses in addressing the issue. These include the following:

Identifying, targeting and dismantling national and international drug trafficking networks which supply and distribute illegal drugs within this state.

Conducting intelligence-driven operations focusing on all aspects of the illicit drugs trade including commodity, logistics, distribution and financing.

Working with other national and international law enforcement agencies on joint actions designed to reduce the availability of drugs and the proceeds derived from the drugs trade.

Working in partnership with statutory, community and voluntary groups to reduce both the supply and demand for drugs within society.

I am advised by the Garda authorities that in addition to the considerable volumes of drugs seized, a significant impact was made in 2007 by arresting and prosecuting a number of major players involved in drug trafficking through the importation, sale and distribution of drugs. A significant number of crime gangs involved in this type of criminal activity have been disrupted and dismantled.

This work is ongoing and An Garda Síochána will continue to pursue these strategies and continue to tackle organised crime and drug trafficking primarily through the use of specialist units and targeted intelligence led operations.

To further assist in our law enforcement efforts against drug trafficking, a number of new initiatives have been recently introduced.

Some examples of this includes the following:

The establishment in January 2008 of the Organised Crime Unit on a permanent footing with full time staff assigned to it. The Unit now has a personnel strength of seventy and in conjunction with the Garda National Drugs Unit and local Gardaí, will continue to implement initiatives such as Operations Anvil and Oak which target criminals involved in the trafficking of drugs.

The recently established Maritime Analysis and Operations Centre (Narcotics) MAOC(N) in Lisbon, of which Ireland is a founding member. The Centre has the specific objective of intercepting narcotic shipments, in particular cocaine, to the European Union from Latin America.

A number of provisions introduced in the Criminal Justice Acts 2006 and 2007 have provided for further measures which will enhance the powers of the Gardaí in the investigation and prosecution of drug offences.

I can assure the Deputy that I will continue to keep the measures and resources for tackling all forms of drug trafficking under review. The enforcement of the law relating to drugs continues to be a key element in the Government's policing priorities and this is reflected in An Garda Síochána's Policing Plan for 2008.

Question No. 89 answered with Question No. 23.

Broadcasting of Court Proceedings.

Mary Upton

Ceist:

90 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform his views on the proposal by the President of the Association of Garda Sergeants and Inspectors that television coverage of major criminal trials should be allowed; and if he will make a statement on the matter. [14044/08]

There are no statutory provisions dealing with the taking of photographs, television or video recordings in court. As pointed out by the Law Reform Commission in a Consultation Paper published in 1991 dealing with reform of the law in relation to contempt of court, in the absence of any such provisions, the matter appears to be one governed by the inherent jurisdiction of the court, that is, a matter for the presiding judge. In fact, in April 1995, RTE filmed the opening arguments in the Supreme Court hearing of Re the Regulation of Information (Services Outside the State for the Termination of Pregnancies) Bill 1995. I understand that this was the first time that a broadcasting company was permitted to film a court in this State in session.

For my part, while mindful of the issues raised by the Association of Garda Sergeants and Inspectors, I have no proposals to introduce legislation in the matter.

Question No. 91 answered with Question No. 74.

Pre-Nuptial Agreements.

P. J. Sheehan

Ceist:

92 Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform if he plans to give legal recognition to pre-nuptial agreements; and if he will make a statement on the matter. [14156/08]

I refer the Deputy to my reply to Questions Nos. 64 and 131 on 7 November 2007. The recommendations made in the Report of the Study Group on Pre-nuptial Agreements remain under review in my Department.

Sale of Alcohol.

Willie Penrose

Ceist:

93 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform when he will implement the commitment given in the Programme for Government to increase penalties under the Criminal Justice (Public Order) Act 1994 particularly for alcohol related disorder and increase the fines for supplying alcohol to persons under 18 from €1,500 to €5,000; and if he will make a statement on the matter. [14070/08]

The Deputy will be aware that as part of its remit, the Government Alcohol Advisory Group, chaired by Dr. Gordon Holmes, was asked to examine the use, adequacy and effectiveness of existing sanctions and penalties, particularly those directed towards combating excessive and under-age alcohol consumption. I am currently examining the Report of the Group and I hope to be in a position very shortly to make an announcement on the action to be taken on foot of its recommendations.

EU Directives.

Michael D. Higgins

Ceist:

94 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the interest groups with which he has consulted with regard to the implementation of Directive 2006/24/EC of the European Parliament and the Council on the retention of data; when he expects these consultations to conclude; when he expects that his proposals will be finalised; and if he will make a statement on the matter. [14051/08]

I have finalised my proposals to transpose Directive 2006/24/EC of the European Parliament and Council on the retention of telephony and internet data. A copy of the draft Statutory Instrument which will transpose the Directive is available on my Department's website.

In the course of the preparation of the draft, officials from my Department consulted with the Internet Service Providers Association of Ireland (ISPAI), the Alternative Operators in the Communications Market (ALTO) and the Telecommunications and Internet Federation (TIF). Between them, those Bodies represent almost all the telephony operators and internet service providers in Ireland. Further consultations with the ISPAI, ALTO and TIF to discuss the draft will now be arranged.

Proposed Legislation.

Jim O'Keeffe

Ceist:

95 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform if he has proposals to reform the law on perjury; and if he will make a statement on the matter. [14001/08]

The offence of perjury is an offence at common law committed by any person who in a judicial proceeding gives false evidence of a material nature. The maximum penalty is imprisonment for seven years. The offence also exists in particular statutes such as the Civil Liability and Courts Act 2004 relating to personal injury actions.

Although there are no current plans to reform the law on perjury, the Deputy will be aware that the Criminal Law Codification Advisory Committee was established last year under Part 14 of the Criminal Justice Act 2006 to oversee the development of a programme for the codification of the criminal law.

While codification of the offence of perjury is not provided for in the Advisory Committee's First Programme of Work for 2008-2009, the offence will be examined by the Advisory Committee in due course.

EU Directives.

Denis Naughten

Ceist:

96 Deputy Denis Naughten asked the Tánaiste and Minister for Finance if he will expedite the implementation of the EU flood directive; the timetable for its implementation; and if he will make a statement on the matter. [14826/08]

The EU Floods Directive came into force in November 2007.

It requires member States to bring into force laws, regulations and administrative provisions necessary to comply with it before 26th November 2009. The transposition of the Directive will be led by OPW.

The Directive requires that Preliminary Flood Risk Assessments be completed before 22nd December 2011, for each river basin or unit of management to provide an assessment of potential flood risks. The Preliminary Flood Risk Assessment is to be reviewed and if necessary updated by 22nd December 2018 and every six years thereafter.

It requires the preparation of Flood Hazard Maps and Flood Risk Maps by 22nd December 2013, in respect of those areas for which it is concluded in the Preliminary Flood Risk Assessment, that potential significant flood risks exist or might be considered likely to occur. The Flood Hazard and Flood Risk Maps are to be reviewed and if necessary updated by 22nd December 2019 and every six years thereafter.

The Directive further requires that Flood Risk Management Plans be prepared by 22nd December 2015 in respect of those areas for which it is concluded in the Preliminary Flood Risk Assessment, that potential significant flood risks exist or might be considered likely to occur. The Flood Risk Management Plans are to be reviewed and if necessary updated by 22nd December 2021 and every six years thereafter.

The Directive will be implemented by the OPW in cooperation with Local Authorities and other State bodies.

The requirements of the Directive align closely with the National Flood Risk Management strategy that was adopted in 2004. As part of this strategy, the OPW published on the internet in 2006 maps and records of actual flood events. Maps showing predicted flood extent areas will be produced as part of a programme of flood risk management studies initiated under the strategy. A pilot study that will produce a Flood Risk Management Plan for the Lee catchment is currently well advanced and similar studies are underway for the Suir and Dodder catchments.

Data necessary for the preliminary flood risk assessment required by the Directive is being acquired by OPW at present.

I am confident that these measures will be completed within the timescales set in the Directive.

Tax Code.

Andrew Doyle

Ceist:

97 Deputy Andrew Doyle asked the Tánaiste and Minister for Finance the action he is taking to ensure that defibrillators used by voluntary community groups for non-commercial purpose are exempt from VAT at 21%. [14585/08]

The position is that in matters relating to the VAT rating of goods and services, I am constrained by the requirements of EU VAT law with which Irish VAT law must comply. In this regard, I would point out that the rate of VAT that applies to a particular good or service depends on the nature of the good or service and not on the status of the consumer. In this case, there is no provision in EU law that would permit the removal or reduction of VAT based on the social or economic status of the consumer.

In relation to the VAT rate that applies to defibrillators, the position is that under the VAT Directive, Member States may retain the zero rates on goods and services which were in place on 1 January 1991, but cannot extend the zero rate to new goods and services. The zero VAT rate cannot therefore be applied to defibrillators which are subject to the standard rate.

In addition, Member States may only apply the reduced VAT rate to those goods and services which are listed under Annex III of the VAT Directive. While Annex III does include the supply of medical equipment for the exclusive personal use of a disabled person, it does not include defibrillators for general use. The reduced rate cannot be applied to the supply of defibrillators.

Therefore the only rate of VAT that can apply to the supply of defibrillators is the standard VAT rate which in Ireland is 21%.

Brendan Howlin

Ceist:

98 Deputy Brendan Howlin asked the Tánaiste and Minister for Finance if his attention has been drawn to the fact that students enrolled in the graduate medicine programme at various universities in the State are required to contribute up to €12,000 per year from their own resources towards the annual tuition fee; if it is equitable that tax relief on tuition fees for such students is limited to outlay of €5,000 per year; if he will take steps to amend this unfair anomaly; and if he will make a statement on the matter. [14823/08]

I assume the Deputy is referring to the new graduate entry programme which has been introduced as part of the plan to increase the number of medical graduates overall and to expand opportunities for entry to medicine. The graduate entry programme provides undergraduate medical education of four years duration and it has been developed to produce medical graduates with the ability to successfully undertake an internship and thereafter to gain full registration with the Medical Council. The programme is supported by a combination of student fees, State funding and other income. Provision has been made for students from disadvantaged backgrounds participating in the programme through providing hardship funds and access to student loans.

While in this case the fees are high, in the majority of cases where third level tuition fees are payable they are at much lower levels. I would also point out that those participating in the programme must already have acquired an undergraduate degree, the fees for which would have been covered by the State in the vast majority of cases. Furthermore, the Government allocated €263 million towards student support for 2008, an increase of 9%. The largest component of this spending is maintenance grants. These provisions ensure that State support in this area is directed towards those who most need it. It should also be noted that in 2008 total current funding for third level education is almost €1.9 billion, while €190 million is being allocated towards third level capital funding.

As the Deputy may be aware, the level of tuition fees on which tax relief can be claimed was increased by 57%, from €3,175 to €5,000, as recently as Budget 2005. The question of any further increases would be a matter for consideration in the context of future Budgets.

Driving Tests.

Denis Naughten

Ceist:

99 Deputy Denis Naughten asked the Tánaiste and Minister for Finance the plans he has to facilitate the relocation of the driving test centre in Roscommon Town; and if he will make a statement on the matter. [14827/08]

There are no plans to relocate the existing driving test centre in Roscommon Town. The centre will continue to operate from the State owned site at Circular Road, Roscommon.

Flood Relief.

Denis Naughten

Ceist:

100 Deputy Denis Naughten asked the Tánaiste and Minister for Finance the status of the application for removal of silt from the Shannon Cut to the National Parks and Wildlife Service; and if he will make a statement on the matter. [14828/08]

The National Parks and Wildlife Service has asked the Office of Public Works for additional information in relation to the proposed removal of silt.

The OPW are considering the request.

Denis Naughten

Ceist:

101 Deputy Denis Naughten asked the Tánaiste and Minister for Finance when the Office of Public Works will commence a catchment flood risk assessment and management study of the River Shannon; and if he will make a statement on the matter. [14829/08]

It is not possible to say at this point precisely when the Catchment Flood Risk Assessment and Management Study will be commenced.

A preliminary flood risk assessment [PFRA] will be required to be completed by 22nd December 2011 to comply with the provisions of the EU Floods Directive.

Flood Hazard and Flood Risk Maps will be required to be completed by 22nd December 2013 in respect of areas in the River Shannon basin where the PFRA identifies that significant flood risks exist or might be considered likely to occur. Flood Risk Management Plans will be required to be completed by 22nd December 2015 in respect of these areas.

A pilot study that will produce a Flood Risk Management Plan for the Lee catchment is currently well advanced and similar studies are underway for the Suir and Dodder catchments. Experience gained in the completion of these studies, especially the Lee study, will influence the specification for the River Shannon and other studies.

OPW is preparing an implementation schedule for all of the studies required to implement the National Flood Risk Management Strategy and the EU Floods Directive. It is expected that this will be completed later this year.

Denis Naughten

Ceist:

102 Deputy Denis Naughten asked the Tánaiste and Minister for Finance further to Parliamentary Question No. 168 of 12 February 2008, the position regarding the Office of Public Works application to the National Parks and Wildlife Service for consent to address flood risk at Clonlara; and if he will make a statement on the matter. [14830/08]

The National Parks and Wildlife Service sought additional ecological data from the Office of Public Works in relation to the application for works at Clonlara. This data is currently being gathered and the OPW expect to respond to NPWS during May.

Tax Code.

Joe Carey

Ceist:

103 Deputy Joe Carey asked the Tánaiste and Minister for Finance the number of employers that still use tax deduction cards; the measures he has put in place to facilitate these employers from 1 January 2009 when it is proposed to discontinue the issuing of TDCs; and if he will make a statement on the matter. [14847/08]

I am informed by the Revenue Commissioners that in January 2008 when they issued tax credit details incorporating the Budget changes, a total of 449,000 individual Tax Deduction Cards (TDCs) were issued to Employers. This figure represents 17.5% of the total employments of 2.56m on record at that time.

In an attempt to identify the number of Employers using TDCs for their intended purpose, in 2007 the Commissioners conducted a survey of Employers in receipt of TDCs. The result of this survey revealed that over ninety percent of the Employers surveyed no longer used TDCs to operate the PAYE cumulative system and calculate the net pay of their employees. Instead, they used computerized payroll systems. It is clear therefore, that the requirement by employers for the use of paper TDCs has been greatly reduced.

In the context of an on-going review by Revenue of service delivery channels to ensure their continued relevance and effectiveness, including cost effectiveness, it is now proposed to discontinue the issue of TDCs to all employers with effect from 1st January 2009. (It should be noted that the issue of TDCs to new employers was discontinued in January 2006).

The Commissioners have decided to introduce the following options for Employers to replace the issue of paper TDCs from 1st January 2009.

Continue to issue paper copies of employee Tax Credit Certificates (TCC) to Employers who are currently receiving TDCs. These certificates contain all the information required to enable an Employer to operate the PAYE system.

Provide an electronic version of the existing TDC on their website www.revenue.ie later this year. This will allow an Employer to enter Employee details and automatically calculate the weekly/fortnightly/monthly deductions as they were previously shown on the TDC. This web based TDC can then be printed and used in the same way as the existing TDC.

Employers can also opt to receive Tax Credit Certificates for their Employees through the Revenue On-Line Service (ROS). This is a fast, efficient and secure service through which in excess of 70% of Employee Tax credit Certificates are already delivered to Employers.

Revenue will continue to remind Employers that the issue of paper TDCs will be discontinued from 1st January 2009 and to inform them of the options they will have in relation to receiving pay and tax details for their Employees from that date. An Employer who is seeking further information or assistance on this matter should contact the Revenue Employers Helpline at 1890 25 45 65.

I am satisfied that the measures to be rolled out by Revenue to replace paper TDCs will ensure that no employer will be disadvantaged. I am further satisfied that the options being introduced represent an appropriate response to changing circumstances and will ensure that resources are deployed effectively while continuing to offer employers a choice of alternatives through a variety of different service channels.

Jack Wall

Ceist:

104 Deputy Jack Wall asked the Tánaiste and Minister for Finance the taxes a property owner is required to pay when leasing property the applicant in the first instance used as their own home; and if he will make a statement on the matter. [14922/08]

Jack Wall

Ceist:

105 Deputy Jack Wall asked the Tánaiste and Minister for Finance the tax benefits a property owner can claim against income obtained from the leasing of property that was formerly the person’s home; the effects such leasing would have on a mortgage tax relief that the person obtained on their home; and if he will make a statement on the matter. [14923/08]

I propose to take Questions Nos. 104 and 105 together.

I am informed by the Revenue Commissioners that, where a property owner vacates his or her own home and leases the property, the rental income arising from such a letting is liable to income tax after allowing for the cost of maintenance, repairs, insurance and mortgage interest on borrowings to purchase, repair or improve the property. The property owner is also liable to PRSI and the Health Levy on the rental income. The letting of a property which was formerly a person's home will not result in a clawback of mortgage interest relief claimed once the property was the claimant's sole or main residence during the period of claim.

Where a property owner does not vacate a property and continues to occupy it as his or her sole or main residence but lets a room or rooms in the property for residential purposes he or she may be entitled to avail of a relief known as rent-a-room relief. This applies where the gross income received from the letting does not exceed €10,000 per annum (previously €7,620 prior to 31 December 2007). Gross income for the purposes of the relief includes any amount received for meals, cleaning, laundry or other similar goods and services that are incidentally provided in connection with the residential use. Where the gross income received does not exceed the limit, the income is exempt from Income Tax, PRSI & the health levy. No deduction is allowed for any expenses that have been incurred in generating that income. Where the gross income received exceeds the limit, it is treated as rental income and is subject to income tax, PRSI and health levy in the normal way. The receipt of rent under the rent a room relief scheme does not affect an individual's entitlement to mortgage interest relief on his or her principal private residence.

I am also informed by the Revenue Commissioners that certain provisions of the Stamp Duties Consolidation Act 1999 provide for relief from stamp duty for first time purchasers of both newly built and second-hand houses and apartments and for other owner-occupiers who purchase newly built houses or apartments. However, this relief is subject to a clawback where a property is vacated by its owner and rental income received from its letting within a period of 2 years (previously 5 years prior to 5 December 2007) from the date of its purchase. However, a clawback of stamp duty relief would not occur where a property owner let a room or rooms in his or her property while at the same time remaining in occupation of the property himself or herself.

Finally, I am also informed by the Revenue Commissioners that tax relief can be claimed against rental income for capital expenditure incurred, on or after 6 April 2001 and before 31 July 2008, on the refurbishment of certain rented residential accommodation. However, as part of and in line with the phasing out of property incentive schemes generally, only 75% of expenditure incurred during 2007 and 50% of expenditure incurred in the period 1 January 2008 to 31 July 2008 qualifies for relief. The expenditure is allowed as a deduction over a 7-year period at the rate of 15% per annum for the first 6 years and 10% in year 7. To qualify, the premises must be used as a residential dwelling. From the date of completion of the refurbishment, the premises must be let in its entirety under a qualifying lease throughout a period of 10 years from the date of completion of the work or, if later, the date of the first letting. The lessor must comply with the regulations in relation to standards for rented houses, rent books and registration of rented houses. From 1 January 2006 entitlement to relief under this scheme is conditional on compliance with the registration requirements of Part 7 of the Residential Tenancies Act 2004.

Garda Stations.

Aengus Ó Snodaigh

Ceist:

106 Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Finance when Portlaoise Garda Station which is out-dated and in a state of disrepair will be upgraded to an adequate standard. [13994/08]

The Office of Public Works carries out works to Garda Stations at the behest of the Garda Authorities. At present there are no requests to undertake refurbishment works to Portlaoise Garda Station with the exception of remedial roof repairs which are due to take place this year.

In addition, negotiations are ongoing with the Health Service Executive with regard to the procurement by the Office of Public Works of a site of approximately 2 acres for the construction of a new Garda Station for Portlaoise. In the meantime, arrangements are being made for the provision of additional pre-fabricated accommodation units to the rear of the station.

Insurance Industry.

Willie Penrose

Ceist:

107 Deputy Willie Penrose asked the Tánaiste and Minister for Finance if his attention has been drawn to a newspaper advertisement (details supplied); the circumstances in which there might be a legitimate market in the purchase of second-hand life assurance policies; his function in enforcing the laws governing life assurance policies and the sale of assurance policies to persons who have no insurable interest in the life assured; if the advertisement in question will be the subject of investigation by his Department; and if he will make a statement on the matter. [14302/08]

I understand that the issue the Deputy is referring to relates to what is known as the secondary market for life insurance policies. I have been informed by the Financial Regulator that this market is minimal in Ireland, by comparison with the US and the UK, for example. The type of policy that is most likely to be sold on is a life assurance investment policy. This type of policy is intended to be held to maturity in order to maximise the value of the policy. However, some policyholders may, for a variety of reasons, wish to realise some level of value from their policies before maturity. In these cases, the policyholder may choose to sell the life policy, as the value might be greater than the surrender value at that time. As part of the sale process, the policy is typically assigned to the purchaser and the purchaser becomes the beneficiary. The purchaser can continue to pay any remaining premiums on the policy and hold the policy until maturity or earlier death of the policyholder and obtain the full value of the policy. The purchaser could also sell-on the policy at a profit.

The Financial Regulator has indicated that it does not consider the sale and advertisement of such policies to be inappropriate once the necessary authorisation is in place.

The Financial Regulator has advised that where relevant a purchasing company will be subject to either the Regulator's enforcement powers or the enforcement powers in the EU jurisdiction of authorisation. I have asked the Financial Regulator to look into the case referred to by the Deputy.

Tax Code.

John Deasy

Ceist:

108 Deputy John Deasy asked the Tánaiste and Minister for Finance if he has plans to remove the €10 charge which applies to debit cards for old age pensioners; and if he will make a statement on the matter. [13865/08]

Stamp Duty on cheques 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 was not eroded.

In Budget 2008, I introduced a 50% cut in the Stamp Duty on Debit cards, reducing the charge for €10 to €5. A similar cut was introduced for combined Debit and ATM cards, which reduced the charge from €20 to €10.

Stamp Duty on financial cards is a significant contributor to the Exchequer and is in accordance with the overall taxation policy of widening the tax base in order to keep direct tax rates generally low. Any possible changes to the existing arrangement are considered as part of the annual Budget process.

Golf Club Licensing.

Arthur Morgan

Ceist:

109 Deputy Arthur Morgan asked the Tánaiste and Minister for Finance if, under the auspices of the Office of Public Works, a club (details supplied) in County Laois, has been granted permission to engage in the activities of depositing animal droppings, dumping trees and branches, planting trees and constructing greens and tee boxes on lands outside of its licensed area of 137 acres. [13927/08]

The Office of Public Works have not granted permission to The Heath Golf Club to engage in any activities outside of the area licensed to them for use as a golf course on the Great Heath of Maryborough.

Equal Opportunities Employment.

Richard Bruton

Ceist:

110 Deputy Richard Bruton asked the Tánaiste and Minister for Finance the number of women forced to retire from the Civil Service on marriage pre-1973 and who were reinstated in the Civil Service as widows between January 2004 and June 2006. [13942/08]

There are no cases of women forced to retire from the Civil Service on marriage pre-1973 and who were reinstated in the Civil Service as widows between January 2004 and June 2006.

Section 11 of the Civil Service Regulation Act, 1956, as amended by the Civil Service (Employment of Married Women) Act, 1973, provided for the reinstatement to their former positions of women who resigned from the Civil Service for marriage-related reasons and who fulfilled specific criteria.

The statutory provisions permitting such reinstatements were, however, challenged under the terms of the Employment Equality Act, 1977 by the Employment Equality Agency and were found by the Labour Court to be discriminatory and contrary to the principle of equal treatment. The Civil Service Regulation (Amendment) Act, 1996, repealed the statutory provisions and, consequently, the only avenue of re-entry to the Civil Service now open to former civil servants (regardless of gender or marital status) is to go through the normal recruitment route, i.e. they must be successful at a Public Appointments Service open competition, or such other competitions that may be run under licence by individual Civil Service Departments or Offices.

Tax Code.

Joan Burton

Ceist:

111 Deputy Joan Burton asked the Tánaiste and Minister for Finance his views on reports that possibly 40% of large land deals are the subject of substantial tax avoidance measures and that these measures may cost the Exchequer upwards of €250 million on an annual basis; if he plans to reconsider activation of section 110 of the Finance Act 2007; and if he will make a statement on the matter. [13947/08]

Section 110 of the Finance Act 2007 made provision for a charge to stamp duty where license agreements and other such arrangements are used when land is purchased for development without conveyance or transfer. The provision ensured that these arrangements will incur a Stamp Duty charge where a landowner receives a payment amounting to 25% or more of the market value or consideration concerned. Section 110 is subject to a commencement order on the basis that it would be prudent that the state of the housing and property market be considered before commencing the provision.

For this reason, I commissioned an independent study of the potential effects that such a provision may have on the market. The Deputy was recently given a copy of the report and it is also available for download on my Department's website at http://www.finance.gov.ie/ documents/publications/reports/2008/S110Report.pdf.

The Report makes the point that there are no official data sources on the value of development land sales; therefore, it gives an indicative estimate of the total value of the development land market in 2006 at c. €7bn to €8bn. Based on an assumption that 40% of land transactions using these arrangements, the Report estimated a potential revenue gain in 2006 of c. €251m if the provisions had been in place at that time. However, this estimate is based on the historic levels of activity in 2006 and is not indicative of the revenue gain that would occur following commencement of the provisions. A more realistic figure for the revenue accruing from the provisions is in the order of €50m per annum.

Of particular importance is that the Report indicates that Section 110 would have led to a rise in land prices, with a knock-on increase in house prices, especially for first-time buyers, and possibly risked exacerbating the down-turn in the property market. In addition, the Report highlighted that Section 110 would also have raised the cost to the State of PPP projects because of increased land prices. The commencement of Section 110 of the Finance Act 2007 is kept under constant review and has to take into account circumstances in the housing and property markets.

Tax Yield.

Michael Ring

Ceist:

112 Deputy Michael Ring asked the Tánaiste and Minister for Finance if, in view of the most recent Exchequer returns for the first quarter and the shortfall of these returns as against Budget 2008 projections, he will provide a revised estimate for the end of year outturn. [13958/08]

At the end of March there was an Exchequer deficit of EUR354 million. For the year as a whole an exchequer deficit of EUR4,866 million was forecast in the budget. In looking at the performance of taxes, of particular note is the good performance of income tax, which is up 5 per cent compared to the same period last year. This is a good indication of the resilience of the Irish economy and reflects that the most important part of economic activity — employment — remains strong.

Overall tax receipts were EUR600 million, or 5.1 per cent behind target in the first three months of 2008. Over half of this shortfall is due to the poor performance of Capital Gains Tax which reflects the more adverse conditions in equity and property markets. The next key payment date for CGT is at the end of October. At this stage it is not expected that this tax shortfall, particularly in CGT, will be recouped later in the year. It is important to point out that the current situation is manageable given the strong position of the public finances such as our low debt to GDP ratio. My Department will continue to closely monitor overall tax performance over the coming months as a clearer trend emerges.

Tax Code.

Michael Ring

Ceist:

113 Deputy Michael Ring asked the Tánaiste and Minister for Finance if he will confirm that the Revenue Commissioners have decided that from 18 March 2008 penalties will no longer be applied when calculating tax liabilities for deceased persons and their estates. [13961/08]

Michael Ring

Ceist:

114 Deputy Michael Ring asked the Tánaiste and Minister for Finance if, in view of the decision by the Revenue Commissioners not to charge penalties on the estates of deceased non-compliant tax payers from 18 March 2008, he will request the Revenue Commissioners to repay such penalties imposed on estates processed prior to that date. [13962/08]

I propose to take Questions Nos. 113 and 114 together.

I am advised by the Revenue Commissioners that they have, with effect from 18 March 2008, implemented revised arrangements regarding the recovery of penalties in tax settlements involving deceased persons. Where the taxpayer dies before a settlement has been agreed with Revenue, Revenue will not seek recovery of any penalty element from the deceased's personal representatives (and will discontinue proceedings for recovery of such penalty if they have been initiated).

I am advised that settlements finalised before 18 March 2008 will not be reopened by Revenue. These negotiated settlements, made in good faith by both parties, will generally have involved unreserved letters of offer and acceptance and are considered to be binding.

I should point out that where a settlement that includes a penalty element has been agreed between Revenue and a deceased taxpayer prior to his/her death (or where a penalty has been awarded in proceedings finalised prior to the taxpayer's death), and that penalty remains unpaid or not fully paid as at the date of death, Revenue will continue to proceed against the personal representatives of the deceased for the recovery of that unpaid penalty. There is no change to existing Revenue practice in these particular circumstances.

Michael McGrath

Ceist:

115 Deputy Michael McGrath asked the Tánaiste and Minister for Finance when the accelerated capital allowances for certain energy efficient equipment set out in Section 46 of the Finance Act 2008 will take effect; and the person who will determine the list of eligible equipment. [14040/08]

In Finance Act 2008, I introduced a new tax initiative to encourage the use of energy efficient equipment by companies for their business. This accelerated capital allowance incentive will allow companies to claim the full cost of specified energy efficient equipment against their profits in the year of purchase. Expenditure must be above a certain minimum amount for each class of technology covered by the scheme. The incentive will be confined to new energy efficient equipment purchased by companies and it will not apply to equipment that is leased, let or hired.

The incentive will come into effect by order when EU State-aid approval is obtained. The process of applying for State-aid approval from the EU Commission is currently being progressed by my Department and the Department of Communications, Energy and Natural Resources. While the approval issue is not entirely within our control, the aim is to expedite matters as soon as possible.

The energy efficiency criteria to be met by eligible equipment and the specified eligible products under the three classes of technology covered by the incentive (motors and drives, lighting and building energy management systems) will be published in a list established by order of the Minister for Communications, Energy and Natural Resources (with the approval of the Minister for Finance). The list will be maintained by Sustainable Energy Ireland. Issues relating to the criteria and the publication of the list of equipment eligible for the incentive are matters for my colleague, the Minister for Communications, Energy and Natural Resources.

Finally, I should make the point that the incentive will run for a period of 3 years from the date when the first order establishing the list of energy efficient equipment is made. Energy-efficient equipment purchased in the period between 31 January 2008 (including that date) and the date of the first order will qualify under the scheme, provided the equipment purchased in that period is on the list established by that first order.

Flood Relief.

Jim O'Keeffe

Ceist:

116 Deputy Jim O’Keeffe asked the Tánaiste and Minister for Finance if his attention has been drawn to the concerns regarding the operation of the sluice gates in the Ringabella embankment dam near Minane Bridge, County Cork which is the responsibility of the Office of Public Works; and if he will take steps to ensure that the infrastructure is upgraded at this stage. [14093/08]

Cork County Council recently approached the Office of Public Works regarding the sluice gates referred to by the Deputy. The OPW have no responsibility for the maintenance of these structures and do not propose to carry out any works to them.

Consultancy Contracts.

Olivia Mitchell

Ceist:

117 Deputy Olivia Mitchell asked the Tánaiste and Minister for Finance the consultants who carried out work for his Department or for any body under the auspices of his Department during 2007; if each consultant was an individual or a firm; the amount earned by each consultant in 2007; the basis of the calculation of same; the rate per hour, day, week, month or other period payable in each case; if in each case the consultant was engaged to prepare a report or to carry out work; if in the case of a report being prepared the report has been published; if not, when the report will be published; and if he will make a statement on the matter. [14106/08]

The following table sets out the information the Deputy is seeking in respect of payments made to consultants by my Department.

Name

Purpose

Firm or Individual

Paid in 2007

Basis

Rate (P/D etc.)

Report

Has it been published?

When will it be published?

Hay Group (Ireland) Ltd.

Public Service Benchmarking Body (PSBB) surveys of public service and private sector companies

Firm

206,956

Fixed Price

N/A

Yes (as input to the overall benchmarking report)

No

Not expected to be published.

Mercer Human Resource Consulting

PSBB surveys of public service and private sector companies

Firm

349,301

Fixed Price

N/A

Yes

No

Not expected to be published.

Hay Group (Ireland) Ltd.

Review of remuneration of CEO’s of Commercial State Bodies.

Firm

47,795

Fixed Price

N/A

Yes

No

Not expected to be published.

Jenny Smyth & Associates

PSBB surveys of public service and private sector companies

Firm

104,863

Fixed Price

N/A

No

N/A

N/A

Hay Group (Ireland) Ltd.

Review Body on Higher Remuneration in the Public Sector. Evaluation of the jobs of senior posts in the Irish public service

Firm

190,249

Fixed Price

N/A

Yes (as input to the overall review report)

No

Not expected to be published.

Indecon International Economic Consultants

Review of Section 481 Film Relief

Firm

92,111

Fixed Price

N/A

Yes

Yes

N/A

Horwath Consulting Ireland Ltd.

Value for Money Review of Ordnance Survey Ireland.

Firm

19,150

Fixed Price

N/A

Yes

Yes

N/A

Goodbody Economic Consultants

Review of exemption from taxation of royalties or income derived from patents.

Firm

59,532

Fixed Price

N/A

Yes

Yes

N/A

PWC (Price Waterhouse Coopers)

Risk Evaluation PMG.

Firm

49,624

Fixed Price

N/A

Yes

No

Not expected to be published.

Goodbody Economic Consultants

Study on the potential effects of commencing Section 110 Finance Act 2007.

Firm

43,651

Fixed Price

N/A

Yes

Yes

N/A

Indecon International Economic Consultants

Update of review of scheme of tax relief for residential units associated with nursing homes.

Firm

42,592

Fixed Price

N/A

Yes

Yes

N/A

Nifast

Hazards and Risks Assessment.

Firm

22,750

Fixed Price

N/A

Yes

No

Not expected to be published.

Canavan and Byrne

Operational audits of Civil Service Crèches.

Firm

6,050

Fixed Price

N/A

Yes

No

Not expected to be published.

Safety Solutions

Health & Safety Audit.

Firm

2,420

Fixed Price

N/A

Yes

No

Not expected to be published.

Cornamona Health & Safety Consultants

Workstation Health and Safety Review in Tullamore.

Firm

7,800

Fixed Price

N/A

Yes

No

Not expected to be published.

Acuvest Investment Advisors Ltd

Internal Advisor on Pensions

Firm

48,400

Fixed Price

N/A

No

N/A

N/A

Life Strategies Limited

Pensions study for PSBB and Review Body

Firm

87,726

Fixed Price

N/A

Yes

Yes

N/A

Name

Purpose

Firm or Individual

Paid in 2007 €

Basis

Rate (P/D etc.)

Report

Has it been published?

When will it be published?

DLA Piper Rudnick

Internal Advisor role to the PSBB. Contract for the role as advisor during the deliberative phase of the work of the PSBB

Firm

190,114

Per Diem rates

Payment of €96,188 was made in 2007 in respect work carried out in 2006 at a rate of €1,975 per day. Payment of €93,926 was also made in 2007 in respect of work carried out in 2007 at a rate of €2,250 per day. The total payment in 2007 was €190,114.

No

N/A

N/A

Ernst & Young

Economics study of CSO National Employment Survey 2003

Firm

56,567

Fixed Price

N/A

Yes

Yes

N/A

The Reward Partnership

Parallel Partnership N/A Examination of pay of craft workers in the Health and Local Authority sectors

Firm

151,554

Fixed Price

N/A

Yes

No

Not expected to be published.

The following table sets out the information the Deputy is seeking in respect of payments made to consultants by the Office of the Revenue Commissioners.

Name

Purpose

Firm or Individual

Paid in 2007

Basis

Rate (P/D etc.)

Report

Has it been published?

When will it be published?

20:20 Vision Design Group

Design Work

Firm

998

Variable

€100 per hour

No

N/A

N/A

Achilles Procurement Services Ltd

Procurement advice in respect of the outsourcing of the New State Warehouse

Firm

5,731

Variable

€220 per hour

No

N/A

N/A

Actons Solicitors

Professional Fee

Firm

372

Fixed

N/A

No

N/A

N/A

Alchemy Films PTY LTD

Advice on Film Relief

Firm

5,808

Variable

N/A

No

N/A

N/A

Arthur Nowlan

Valuation of seized goods

Individual

3,199

Variable

N/A

No

N/A

N/A

Ballycotton Marine Services

Customs vessel

Individual

4,091

Annual Agreement

€726 per day

No

N/A

N/A

Bearing Point Ltd.

HRMS Managed Services

Firm

239,359

Fixed

N/A

No

N/A

N/A

Bennis Design

Design Service

Firm

7,611

Variable

N/A

No

N/A

N/A

Bull Info systems

Services in relation to the Revenue- Risk Evaluation Analysis and Profiling (REAP)- System

Firm

18,072

Fixed

€1,250 per day

No

n/a

n/a

C. Moore and Associates Ltd

Independent Quality Assessment of VFM Review

Individual

2,677

Fixed

€1,070 per day

Yes

Yes

N/A

Carisle Advisory Services

Research

Firm

2,420

Variable

N/A

Yes

No

Not expected to be published

Catalysto Ltd.

Design features re Employers Guide to PAYE.

Firm

3,896

Variable

N/A

No

N/A

N/A

Ciaran Feighery

Affidavits signed by solicitor

Firm

150

Fixed

N/A

No

N/A

N/A

Copper Reed Studio Ltd.

Form Design

Firm

483

Fixed

N/A

No

N/A

N/A

Costello Commercial

Report & Valuation of various properties

Firm

14,520

Variable

N/A

Yes

No

Not expected to be published

Costello Commercial

Valuation of properties

Firm

5,808

Fixed

N/A

No

N/A

N/A

Creative A.D.

Desk Top Publishing Design

Firm

2,305

Fixed

N/A

No

N/A

N/A

De Veres

Valuation of Heritage Objects

Firm

605

Variable

N/A

No

N/A

N/A

De Burca rare Books

Valuation of Heritage Objects

Firm

5,445

Variable

N/A

No

N/A

N/A

Name

Purpose

Firm or Individual

Paid in 2007

Basis

Rate (P/D etc.)

Report

Has it been published?

When will it be published?

Deloitte

VFM Review of IT External Resources Expenditure in 2006

Team of Deloitte Consultants

118,580

Fixed

N/A

To assist in the production of a report

Yes

N/A

Enterprise Ireland

To give advice/prepare reports relating to customs classification of certain products(IT/Electronic etc)

Firm

2,360

Variable

€78 per hour

Yes

No

Not expected to be published

Frontend.com

Review of Revenue’s website and advice re redesign strategy

Firm

23,450

Fixed

N/A

Yes

No

Not expected to be published

Gerard O’Leary

Valuation of motor vehicles

Individual

8,205

Fixed

N/A

No

N/A

N/A

Interactive Innovation

Advice on R&D credit

Firm

3,630

Variable

€1,000 per day

No

N/A

N/A

IQ Content Limited

Advice on ROS (Revenue on-Line Service)

Firm

14,641

Fixed

N/A

Yes

No

Not expected to be published

James Nash

Document analysis

Individual

847

Fixed

N/A

Yes

No

Not expected to be published

Mealys

Valuation of Heritage Objects

Firm

5,082

Variable

N/A

No

N/A

N/A

Mr. Gerry McMahon

Valuation of Heritage Objects

Individual

7,098

Hourly rate

€78 per hour

Yes

No

Not expected to be Published

Ms Niamh Brodie

Valuation of shares in private companies

Individual

16,500

Variable

€300 per hour

Yes

No

Not expected to be published

Ms. Marie Armah-Kwantreng t/a Devlin Editing

Typesetting and editing of non-statutory consolidation of Customs legislation

Individual

9,638

Variable

Variable, depending on typesetting editing output

No

N/A

N/A

PCS Consultancy

HR Advice

Firm

726

Fixed

N/A

Yes

No

Not expected to be published

Polaris HR

HR Consultation

Firm

13,315

Variable

€190 per hour and where relevant, €120 per day subsistence, plus travel expenses

Yes

No

Not expected to be published

UCD

Advice on R&D credit

Firm

7,260

Variable

€1,000 per day

No

N/A

N/A

Whyte & Son Auctioneers

Valuation of Heritage Objects

Firm

726

Variable

N/A

No

N/A

N/A

In relation to the Office of Public Works, the Valuation Office, the State Laboratory, the Public Appointments Service, the Commission for Public Service Appointments and the Office of the Ombudsman, my Department has asked those offices to communicate the required information to me and I will forward it to the Deputy shortly.

Departmental Properties.

Terence Flanagan

Ceist:

118 Deputy Terence Flanagan asked the Tánaiste and Minister for Finance if he will provide this Deputy with more information as to the amount of rental default in relation to a centre (details supplied) in Dublin 5; and if he will make a statement on the matter. [14232/08]

Northside Civic Centre is mainly occupied by Community Groups and front-line delivery units of Government Departments. When the centre was being constructed, OPW gave an indication to the relevant prospective tenants of the level of rent which might be envisaged in respect of the accommodation to be occupied by them. Shortly after they took up occupation many of the tenants, who were previously unaware of the level of service charges which would be payable in addition to the rent indicated, made representations for a reduction to rent. In addition to the issue of service charges OPW is also cognisant that the determination of an appropriate rent may be also influenced by the fact that other branches of a number of the Bodies housed in the Centre occupy premises elsewhere on a peppercorn rent.

Unfortunately, because the transfer of the site from Dublin City Council to OPW has yet to be finalised it is not possible at this point to formalise occupancy details, including rent, with the tenants. Once the title issue has been finalised the question of rent levels can then be formally addressed. However, based on the indicative figure given to the tenants prior to occupancy the amount of rental default would be in the region of €500,000.

Tax Code.

Sean Fleming

Ceist:

119 Deputy Seán Fleming asked the Tánaiste and Minister for Finance the situation regarding the new arrangements introduced in the Finance Act 2008 that allow senior citizens operate deposit interest retention tax free bank accounts; if this arrangement extends to joint accounts in the names of two elderly people both of whom are over 70 years; and if he will make a statement on the matter. [14262/08]

The Finance Act 2007 introduced a new scheme that allows senior citizens to operate DIRT-free accounts. The scheme is available to individuals or their spouses who are aged 65 years of age, or over whose total annual income is no more than the relevant income tax exemption limit — for 2008 this is €20,000 for a single or widowed person and €40,000 for a married couple.

A joint account only qualifies under the scheme where the account holders are husband and wife. In this regard, the husband and wife must sign the declaration form in respect of that account. In the case of a joint account held by individuals who are not husband and wife, there is no provision that allows for the operation of a DIRT free account. In this situation, the previous provisions still apply in that each individual can claim a repayment of the relevant DIRT by submitting a claim form, with the appropriate certificates of interest received, to the Revenue Commissioners.

EU Directives.

Sean Sherlock

Ceist:

120 Deputy Seán Sherlock asked the Tánaiste and Minister for Finance when he last received a review on the operation of the deposit protection account maintained by the Central Bank for the purposes of the European Communities (Deposit Guarantee Schemes) Regulations 1995, S.I. No. 168 of 1995; the recommendations made as to its operation; if he is satisfied that the amount in the account is sufficient to meet potential liabilities; if he is considering changes to the level of contribution required from each credit institution at 0.2 % of deposits, the maximum 90% compensation limit or the maximum €20,000 compensation limit or any of these; and if he will make a statement on the matter. [14265/08]

Sean Sherlock

Ceist:

121 Deputy Seán Sherlock asked the Tánaiste and Minister for Finance if the European Commission has discussed with his Department its view set out in a communication to the European Parliament (details supplied) that Directive 94/19/EC on deposit guarantee schemes requires that, if a member state decides that depositors should bear a certain percentage of losses themselves in the event their deposits become unavailable and therefore introduces a deposit protection scheme which imposes a limit on compensation equivalent to 90% of deposits, then the maximum compensation limit in that scheme must be set at €22,222; his views on the Commission’s interpretation of the directive; the implications for the European Communities (Deposit Guarantee Schemes) Regulations 1995, S.I. No. 168 of 1995, which impose both a 90% limit and a maximum compensation limit of €20,000; and if he will make a statement on the matter. [14266/08]

Sean Sherlock

Ceist:

122 Deputy Seán Sherlock asked the Tánaiste and Minister for Finance his response to the views of the president of the European Central Bank that deposit protection schemes that only partially cover smaller deposits will increase the risk of future bank runs and should be phased out; if, as a result he proposes changes to the European Communities (Deposit Guarantee Schemes) Regulations 1995, S.I. No. 168 of 1995, which impose both a 90% limit and a maximum compensation limit of €20,000; and if he will make a statement on the matter. [14267/08]

I propose to take Questions Nos. 120 to 122, inclusive, together.

The issue of Deposit Guarantee Schemes (DGS) has received extensive consideration and examination over recent times at EU level. The Commission carried out a first review in 2006 of the Deposit Guarantee Schemes Directive (Directive 94/19/EC). The subsequent Commission Communication on that review acknowledged that Member States had different approaches to deposit guarantee schemes reflecting distinct national circumstances and concluded that there was no consensus about what an ideal scheme would look like. The Commission proposed to focus on non-legislative actions in the short term while more fundamental issues would be postponed, in particular the coverage level, the scope and the funding arrangements.

In the wake of dislocation in global financial markets from mid-2007 onwards, the Ecofin Council of 9 October 2007 requested the Commission and the EU Financial Services Committee (FSC) to consider possible enhancements of the EU deposit guarantee scheme and to report back to the Council by mid-2008. Since then, discussions on DGS have taken place in the FSC, the EU Economic and Finance Committee (EFC) and at Ecofin. These discussions are ongoing and acknowledge the crucial role that DGS can play in maintaining confidence in the banking system. They also recognise that DGS are but one of the elements of the financial safety net. Views expressed by the ECB will be taken into account in the EU review.

Ireland is participating in the EU review of DGS launched by EU Finance Ministers last October. On the basis of the outcome of the EU review, I will, of course, consider any specific changes required in the Irish DGS to ensure that savers in Ireland benefit from safeguards in line with EU best practice.

The Irish DGS is based on a mix of ex ante and ex post funding mechanisms. As the Deputy indicated in his question, under the Irish DGS there is a levy of 0.2% on deposits, which has so far yielded a fund of some €450 million.

I would remind the Deputy that, as I have mentioned in response to previous similar questions, the first and most robust line of defence for depositors must be a well-managed system of prudential regulation and supervision so as to try to minimise the risk that a DGS needs to be activated. Recent assessments by bodies such as the IMF have confirmed that the Irish regime for financial regulation complies with best international practice.

Ireland has implemented Article 7(4) of the Deposit Guarantee Directive, in the manner described in footnote 7 on page 5 of the European Commission's Communication cited by the Deputy. The Irish Deposit Protection Scheme guarantees 90% of deposits up to a limit of €22,222, which means the maximum possible payout is €20,000. The Irish DGS is maintained by the Central Bank and Financial Services Authority of Ireland.

Customs Service.

John O'Mahony

Ceist:

123 Deputy John O’Mahony asked the Tánaiste and Minister for Finance the number of patrol boats available to the customs authorities for patrolling the Irish coastline; the reason for the withdrawal of the patrol boat from duties along the west coast; and if he will make a statement on the matter. [14528/08]

I am informed by the Revenue Commissioners that, in addition to the assistance provided by the Naval Service, they have a 23 metre cutter, the RCC Suirbhéir, with full sea-going capability. This vessel is used to patrol the Irish coastline and is also used in targeted operations where it operates in conjunction with shore-based resources. The cutter has not been withdrawn from duties along the west coast. During 2007, it carried out 7 patrols on the West Coast of Ireland involving 28 patrol days. These included two operations that led to recoveries of cannabis from the seabed in an area west of Galway Bay.

Revenue has recently signed a contract for the purchase of a second cutter and expects to take delivery in September 2009.

John O'Mahony

Ceist:

124 Deputy John O’Mahony asked the Tánaiste and Minister for Finance the number of sniffer dogs available to the customs authorities at the western seaboard ports and Carrickfin, Sligo, Ireland West and Galway Airports; and if he will make a statement on the matter. [14529/08]

John O'Mahony

Ceist:

125 Deputy John O’Mahony asked the Tánaiste and Minister for Finance the number of vessels boarded and searched with sniffer dogs at western seaboard ports for 2006 and 2007; the names of the ports in question; and if he will make a statement on the matter. [14530/08]

John O'Mahony

Ceist:

126 Deputy John O’Mahony asked the Tánaiste and Minister for Finance the number and value of drug seizures made at Carrickfin, Sligo, Ireland West and Galway Airports and ports along the western seaboard in 2006 and 2007; and if he will make a statement on the matter. [14531/08]

John O'Mahony

Ceist:

127 Deputy John O’Mahony asked the Tánaiste and Minister for Finance the number of customs staff employed at the various ports along the western seaboard; and if he will make a statement on the matter. [14532/08]

John O'Mahony

Ceist:

128 Deputy John O’Mahony asked the Tánaiste and Minister for Finance the number of hours and dates that the customs staff were on duty at the Carrickfin, Sligo, Ireland West and Galway Airports; and if he will make a statement on the matter. [14533/08]

John O'Mahony

Ceist:

129 Deputy John O’Mahony asked the Tánaiste and Minister for Finance the number of customs staff employed at Carrickfin, Sligo, Ireland West and Galway Airports; and if he will make a statement on the matter. [14534/08]

I propose to take Questions Nos. 124 to 129, inclusive, together.

I am advised by the Revenue Commissioners that there is a full time dog detector unit based in Sligo which covers the areas mentioned. Dog detector units are also located in Shannon and Dublin which can be called upon if required. The Commissioners are satisfied that the dog detector unit located in Sligo is sufficient to meet current demands. During 2006 and 2007, a drug detector dog was used on a number of occasions to assist in the search of vessels for drugs. It is not the policy of the Revenue Commissioners to publish details of the usage of sniffer dogs as this could prejudice current or future operations.

In 2006, eight seizures (value €233) were made at Ireland West Airport Knock. In 2007, eight seizures were made at Ireland West Airport Knock (value €291) and one seizure at Galway (value €36). No seizures took place at Galway Airport in 2006 and none at Carrickfin or Sligo Airports in 2006 or 2007. No seizures took place in the ports along the Western seaboard during 2006 or 2007. During 2007, 362 kgs of Cannabis was recovered from the seaboard off the west coast by a number of fishing trawlers. The drugs were seized by the Revenue Customs Service and intensive enquiries were carried out nationally and internationally into the source of the cannabis.

One Officer is employed full time in Killybegs Port. Shipping duties in Galway and Sligo Ports are covered, as required, by local Officers based at Galway and Sligo. Other coverage of ports along the western seaboard is provided by mobile Revenue Customs Officers on a risk analysis basis. The Revenue Customs cutter patrols the Western seaboard from time to time and where there is a significant maritime threat, the Customs Service receives invaluable assistance from the Naval Service and the Air Corps. Assistance is also received from foreign Customs. Revenue is actively promoting the Customs Drugs Watch programme in the coastal area.

For the first three months of 2008, Customs Officers carried out a total of 34 visits to the airports at Carrickfin, Sligo, Ireland West and Galway. The total staff hours spent on these visits was 446 hours. It is not the policy of the Revenue Commissioners to publish details of the dates and times of enforcement activities as this could prejudice current or future operations. A number of new flights are due to start shortly and existing flights are due to increase under summer schedules. Enforcement visits will increase accordingly.

Customs Officers are not permanently based at Carrickfin, Sligo, Ireland West or Galway airports. Customs controls at such aerodromes are risk-based and are carried out by mobile Revenue Customs Officers. Attendance by these Officers is selective and targeted and is based on analysis and evaluation of national and international seizure trends, traffic frequency, routes and other risk indicators. Attendance can also be as a result of specific intelligence. Flights with origins and destinations with a high-risk rating attract particular interest. These attendances cover the full range of flight times and are kept under constant review in particular to take account of emerging smuggling trends and any traffic increases at these airfields.

In addition to drugs enforcement work, other duties are undertaken by officers in attending airfields/aerodromes, including controls against the smuggling of excise products, the clearance of aircraft and passengers arriving from third countries, spot checks on EU flights and checks on private aircraft to ensure compliance with import procedures.

It is important to note, by way of context, that the operating environment for Customs has been shaped to a significant degree by the introduction of the Internal Market and the related principles of freedom of movement within the EU. Of specific relevance are the abolition of routine and systematic Customs checks on goods and passengers moving within any part of the EU and the elimination of Customs controls on the baggage of intra-Community passengers other than for anti-smuggling checks. This is particularly relevant in the case of these aerodromes where passenger traffic is predominantly intra-Community. In this context, Revenue's approach has, of necessity, been to balance the freedom of movement principle in regard to people and goods with the need to control smuggling and enforce prohibitions and restrictions.

The Revenue Commissioners assure me that, having regard to the context set out above, they are satisfied that their risk based approach remains valid and their operations are on a par with, and may even exceed, those of many other EU Member States. The risk rating for all of the airports mentioned is due for review by 30 June 2008 and any change in the risks will be addressed. I am also assured by the Revenue Commissioners of their strong ongoing commitment to playing their part in combating smuggling and criminal activity, as reiterated in their recently published statement of strategy.

Garda Stations.

Andrew Doyle

Ceist:

130 Deputy Andrew Doyle asked the Tánaiste and Minister for Finance if a decision has been taken to rescind the offer of a site and buildings of the old Garda station in Ashford to the local community; the basis for this decision; and if he will make a statement on the matter. [14567/08]

The Office of Public Works has been advised by An Garda Síochána that Ashford Garda Station remains a requirement and therefore consideration cannot be given to the disposal of this State owned property.

Tax Code.

Billy Timmins

Ceist:

131 Deputy Billy Timmins asked the Tánaiste and Minister for Finance the position in regard to the case of a person (details supplied); if there are exceptions for people in this position; and if he will make a statement on the matter. [14577/08]

I am advised by the Revenue Commissioners that for the purposes of both Gift and Inheritance Tax, the relationship between the person who provided the gift or inheritance (i.e. the disponer) and the person who received the gift or inheritance (i.e. the beneficiary), determines the maximum tax-free threshold — known as the "Group threshold". Three Group thresholds were introduced on 1 December 1999, based on the relationship of the beneficiary to the disponer, and these Group thresholds are indexed annually by reference to the Consumer Price Index. The indexed Group threshold applying to a gift or inheritance received by a person from their brother is the Group B threshold and this Group B threshold is €52,121 for 2008.

Any other gifts and inheritances that might have been received by the beneficiary from within the same Group B threshold (i.e. from brothers, sisters, uncles, aunts or grandparents) since 5 December 1991 will also be taken into account when applying the threshold for the purposes of calculating tax due on any inheritance/gift from a person within that threshold. If the total value of all gifts and inheritances received by the beneficiary since this date from within the same Group does not exceed the Group threshold, no Gift or Inheritance Tax will apply. If the Group threshold figure is exceeded, then a 20% rate of tax will apply only on the excess over the threshold figure.

In the case in question, if the beneficiary did not receive any gifts and inheritances since 5 December 1991 from within Group B threshold (i.e. brothers, sisters etc.) then inheritance tax at the rate of 20% will apply on €97,879 on the market value of the home of €150,000 less the tax- free Group B threshold of €52,121 for 2008. If, however, the beneficiary did receive gifts/inheritances since 5 December 1991, their value will have to be taken into account and the tax free Group threshold will be reduced accordingly. The legislation provides for payment of any tax due on an inheritance/gift in 5 equal yearly instalments, it also provides for situations of hardship or illiquidity and such instances may be dealt with by postponement of payment in certain cases.

Apart from the tax-free Group threshold available to a beneficiary, the Capital Acquisitions Tax code (Gift and Inheritance Tax) exempts certain gifts and inheritances completely from tax and also contains relieving provisions. For example, a gift or inheritance of a dwelling-house is exempt from gift or inheritance tax in certain circumstances. If a beneficiary receives an inheritance of a dwelling-house, the inheritance of that house will be exempt from inheritance tax if the beneficiary has resided in the house for a minimum of 3 years prior to the inheritance and if the beneficiary has no interest in any other dwelling-house. This exemption ensures that what may be the family home for many people will not be the subject of any gift or inheritance tax when it is the subject of a gift or inheritance. Given that the overall position in relation to inheritances can be complicated, it would be advisable for the individual in this case to contact his local office of the Revenue Commissioners so that his position can be fully considered.

Departmental Staff.

James Bannon

Ceist:

132 Deputy James Bannon asked the Tánaiste and Minister for Finance if rules and regulations with regard to further study for staff in Civil Service positions, particularly in regard to payment of fees and study leave are common to all Departments, or if regulations that are applicable to an individual Department only, which would not allow for potential movement to a different section, or the future need for particular knowledge or skills, are permitted; and if he will make a statement on the matter. [14665/08]

The general instructions covering refund of fees, study leave and examination leave for civil servants are set out in Circular 23/07.

The circular sets out the arrangements to facilitate Departments/Offices in building appropriate skill and expertise levels and in supporting officers' efforts in the area of self-development and life-long learning. The support provided for further study is directed at enhancing workplace performance in the Civil Service and assisting officers to achieve improvements in the efficiency and effectiveness of public service delivery.

Consistent with Civil Service strategic management objectives, the approach of the circular is to maximise the discretion available to Departments/Offices in addressing post-entry education matters in ways that are most relevant to their own areas of responsibility. In using this discretion, the overall goal of Departments/Offices should be to provide as much support as possible for relevant staff education and development, subject to the general conditions governing the refund of fees, study leave and examination leave set out in this circular.

A copy of the circular is available on www.personnelcode.gov.ie as is the Staff Information Booklet — Terms and Conditions of Employment in the Irish Civil Service.

National Monuments.

Damien English

Ceist:

133 Deputy Damien English asked the Tánaiste and Minister for Finance if his attention has been drawn to the fact that a monument commemorating 1798 has been removed from the Hill of Tara in County Meath; if this monument will be replaced by the Office of Public Works; and if he will make a statement on the matter. [14721/08]

The Office of Public Works has no knowledge of a monument commemorating 1798 being removed from lands managed by the Office of Public Works at the Hill of Tara, Co. Meath.

Research Funding.

Bernard J. Durkan

Ceist:

134 Deputy Bernard J. Durkan asked the Minister for Health and Children if she has received and studied the recent submission from an organisation (details supplied) with particular reference to the identification of the most urgently required provisions in term of facilities or funding; the extent to which she expects to meet such requirements in 2008; and if she will make a statement on the matter. [14713/08]

I met with representatives of Muscular Dystrophy Ireland in October 2007 and discussed the issue raised by the Deputy. I subsequently wrote to Mr. Joe Mooney, Director of Muscular Dystrophy Ireland on 7 February 2008 outlining the position in relation to funding research trials into Duchenne Muscular Dystrophy in the United Kingdom. There is no mechanism or budget for Government funding of U.K. health research.

Bernard J. Durkan

Ceist:

135 Deputy Bernard J. Durkan asked the Minister for Health and Children if, arising from the recent submission submitted to her Department by an organisation (details supplied), she has examined the extent to which these deserving needs can be met in the short or medium term; her proposals to meet such requests in the near future; and if she will make a statement on the matter. [14714/08]

I met with representatives of Muscular Dystrophy Ireland in October 2007 and discussed the issue raised by the Deputy. I subsequently wrote to Mr. Joe Mooney, Director of Muscular Dystrophy Ireland on 7 February 2008 outlining the position in relation to funding research trials into Duchenne Muscular Dystrophy in the United Kingdom. There is no mechanism or budget for Government funding of U.K. health research.

Community Pharmacy Services.

Michael McGrath

Ceist:

136 Deputy Michael McGrath asked the Minister for Health and Children if the Health Service Executive’s decision to reduce the reimbursement rates paid to pharmacists from 1 March 2008 under the community drugs schemes represents a breach of the existing contract between the HSE and pharmacists; and if she will make a statement on the matter. [14813/08]

The Health Service Executive (HSE) does not accept that it is in breach of contract with community pharmacists and has written to all those pharmacists who have notified it of their intention to withdraw services pointing out that, under the terms of the community pharmacy contractor agreement, each pharmacy contractor is required to give three months notice in writing of termination of the agreement. The HSE also points out that, in the interests of patient care and safety, it has no option but to require pharmacists to continue to provide services until the end of that period. This is to ensure that the HSE is in a position to put alternative arrangements in place for patients who may be affected by the actions of individual pharmacists.

Health Service Expenditure.

Damien English

Ceist:

137 Deputy Damien English asked the Minister for Health and Children if, in regard to Parliamentary Questions Nos. 318 and 319 of 5 February 2008, she will instruct the Health Service Executive to issue a final reply to same; the reason for the prolonged delay in their response; and if she will make a statement on the matter. [14818/08]

I have been informed that the information requested was sent to the Deputy on 10 April 2008.

Hospital Services.

Arthur Morgan

Ceist:

138 Deputy Arthur Morgan asked the Minister for Health and Children when the review of renal services in this State will be published; the number of dialysis patients there are in the State; the number of patients awaiting dialysis; the number of dialysis stations actively available in the public sector; the number of patients they are catering for; the number of public patients being catered for in private facilities which are paid for by Health Service Executive; the cost per patient for public patients referred to private facilities; the cost for dialysis per patient in public hospitals; and if she will make a statement on the matter. [14825/08]

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

The HSE undertook a National Renal Review to inform the approach to the future development of renal services. The Report of the Review Group was completed over a year ago and developments in renal services have since been guided by the thinking in the report. The Renal Review Group identified the need for the early introduction of a follow-on implementation plan. The HSE has decided that such a plan needs to be aligned with its Transformation Programme. The HSE has further determined that the Report of the Review Group should be reviewed by an external expert/consultancy and arrangements are to be put in place to this effect.

Health Services.

Jack Wall

Ceist:

139 Deputy Jack Wall asked the Minister for Health and Children if the Health Service Executive has paid funding towards the medical costs of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [14839/08]

Full eligibility for health services is granted to persons who, in the opinion of the Health Service Executive, are unable to provide general practitioner, medical and surgical services for themselves and their dependants without undue hardship. Persons with full eligibility are entitled to general practitioner services, prescribed drugs, medicines and appliances, all in-patient public hospital services in public wards including consultant services, all out-patient public hospital services including consultant services, dental, ophthalmic and aural services and appliances, child health services, home nursing and a maternity and infant care service. Persons aged 70 and over are statutorily entitled to a medical card, regardless of income. In all other cases an assessment of means is undertaken.

As the determination of an individual's eligibility status is the responsibility of the Health Service Executive, 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.

Health Service Staff.

Caoimhghín Ó Caoláin

Ceist:

140 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children her views on the staff-to-case ratios of social work personnel in child protection; her plans to improve these ratios; and the timeframe for same. [14840/08]

The Deputy's question relates to the management and delivery of health and social services which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Office 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.

Community Pharmacy Services.

Michael Ring

Ceist:

141 Deputy Michael Ring asked the Minister for Health and Children the contingency plans in place for 1 May 2008 (details supplied); and if she will make a statement on the matter. [14850/08]

Dinny McGinley

Ceist:

150 Deputy Dinny McGinley asked the Minister for Health and Children the details of the Health Service Executive’s contingency plans to ensure patients receive access to medicines, particularly in rural areas, in the event of the withdrawal of services by pharmacists as they have indicated; the steps being taken to resolve this long running dispute; and if she will make a statement on the matter. [14877/08]

Dan Neville

Ceist:

152 Deputy Dan Neville asked the Minister for Health and Children the number of pharmacies who have indicated to her that they will be suspending their contracts with the Health Service Executive. [14884/08]

Deirdre Clune

Ceist:

154 Deputy Deirdre Clune asked the Minister for Health and Children if she will confirm that a significant number of pharmacists have terminated their contract with the Health Service Executive and that others have advised the HSE of their right to suspend their contract from 1 May 2008; her views on whether this will have a serious effect on the delivery of primary health care in communities; and if she will make a statement on the matter. [14887/08]

I propose to take Questions Nos. 141, 150, 152 and 154 together.

I have been informed by the HSE that it has, to date, received notification from 360 community pharmacy contractors indicating their intention to either cease providing services from 1st May 2008, or otherwise reserving their right to do so.

Community pharmacy contractors are required under the terms of their contract to give three months notice of their intention to withdraw. The HSE has written to each of the 360 contractors, seeking formal confirmation of their intentions and pointing out that 3 months notice of cessation of service is required. At this point in time, only two contractors have actually given formal notification of termination in accordance with the requirements in the contract.

The HSE has developed a national contingency planning framework which will inform and provide direction to local operational management for the development of local area — specific contingency plans. As service provision, geographical and demographic circumstances will vary from area to area, each local health area is developing its own area — specific contingency plan within the context of the overall national framework.

I believe that threats of withdrawal from the community pharmacy contract are unjustified and not in anyone's interest. There is no need to bring patients into a dispute between the pharmacists and the HSE. There can be no grounds for causing upset or anxiety about the supply of prescriptions to patients.

Qualifications Recognition.

Jack Wall

Ceist:

142 Deputy Jack Wall asked the Minister for Health and Children when a decision will be made in relation to an application for registration by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [14851/08]

I presume the Deputy is referring to the application by this individual for the recognition of professional qualifications.

The Academy of Medical Laboratory Science (AMLS) is the competent authority for the implementation of Directive 92/51/EEC in relation to the recognition of professional qualifications in medical laboratory science. This Directive is now consolidated, with other Directives on the recognition of professional qualifications, into Directive 2005/36/EC for which my colleague the Minister for Education and Science has overall national responsibility. As the Deputy was recently advised, the AMLS is in the process of reviewing the application and I am advised that it will be in touch with the Deputy very shortly.

Drug Reclassification.

Joe Costello

Ceist:

143 Deputy Joe Costello asked the Minister for Health and Children the number and names of countries in the EU which permit cannabis to be used for medical purposes; if she proposes to permit the use of cannabis for medical purposes here; if her attention has been drawn to a person (details supplied) in County Galway who can not live here because their medical prescription cannot be obtained here under law; and if she will make a statement on the matter. [14854/08]

The Misuse of Drugs Act 1977 and regulations made thereunder regulate and control the import, export, production, supply and possession of a range of named narcotic drugs and psychotropic substances. Substances are scheduled under the Act in accordance with Ireland's obligations under international conventions and/or where there is evidence that the substances are causing significant harm to public health in Ireland.

The current legal position in Ireland in relation to cannabis is that it is a scheduled drug under the Misuse of Drugs Act 1977 and its sale, supply, distribution and possession is unlawful except for the purpose of research. My Department is aware that claims have been made in respect of cannabis and its possible benefits for patients suffering from certain conditions such as multiple sclerosis and glaucoma. As the law currently stands, however, cannabis is not licensed here for medicinal use. I am aware of the case referred to by the Deputy, however, I do not propose to change the law in this regard. My Department does not have details of the countries in the EU which permit cannabis to be used for medical purposes.

Health Service Allowances.

Sean Sherlock

Ceist:

144 Deputy Seán Sherlock asked the Minister for Health and Children if she will review a decision to discontinue the payment of domiciliary care allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [14858/08]

The Deputy's question relates to the management and delivery of health and personal 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.

Finian McGrath

Ceist:

145 Deputy Finian McGrath asked the Minister for Health and Children if a service (details supplied) in County Dublin will be given maximum support in 2008. [14864/08]

Finian McGrath

Ceist:

146 Deputy Finian McGrath asked the Minister for Health and Children if she will advise on a query (details supplied). [14865/08]

I propose to take Questions Nos. 145 and 146 together.

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

Fergus O'Dowd

Ceist:

147 Deputy Fergus O’Dowd asked the Minister for Health and Children if arrangements will be made to continue to provide respite care for persons (details supplied) in St. Oliver Plunkett's Hospital, Dundalk, County Louth; the reason respite care is being refused; if the decision is a result of cutbacks in the health service locally; and if she will make a statement on the matter. [14870/08]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Cancer Screening Programme.

Sean Sherlock

Ceist:

148 Deputy Seán Sherlock asked the Minister for Health and Children the provisions in place to ensure adequate prostate screening for men; and if she will make a statement on the matter. [14871/08]

The National Cancer Control Strategy does not recommend the introduction of a population based screening programme for prostate cancer as there is currently insufficient evidence available. This position is consistent with the Recommendations adopted by the European Union which advocate the introduction of cancer screening programmes which have demonstrated their efficacy having regard to professional expertise and priority setting for healthcare resources. The EU proposals do not provide for specific recommendations in respect of screening for prostate cancer. My Department and the National Cancer Screening Service will keep emerging international evidence under review including the results of randomised trials that are currently being conducted internationally.

Appropriate treatment for men diagnosed with prostate cancer is available at major hospitals throughout the country. Any man who has concerns in relation to prostate cancer should contact his GP who will, where appropriate, refer him to the appropriate services in his area.

National Treatment Purchase Fund.

Jack Wall

Ceist:

149 Deputy Jack Wall asked the Minister for Health and Children the number of hospitals that use the National Treatment Purchase Fund scheme in relation to hip replacement operations; the location of such hospitals; the number of operations that have been carried out in each over the past three years that used the National Treatment Purchase Fund scheme; the name of the hospitals that have a waiting list for such operations; the number on such waiting lists; the number of hospitals that have extended the timescale of the scheme from the original waiting period of three months to one year; and if she will make a statement on the matter. [14872/08]

As the Deputy's question relates to the operation of the National Treatment Purchase Fund, my Department has asked the Chief Executive of the Fund to reply directly to the Deputy in relation to the information requested.

Question No. 150 answered with Question No. 141.

Health Services.

Michael Ring

Ceist:

151 Deputy Michael Ring asked the Minister for Health and Children when a seating assessment will be carried out by occupational therapy services for a person (details supplied) in County Mayo. [14879/08]

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

Question No. 152 answered with Question No. 141.

Sean Sherlock

Ceist:

153 Deputy Seán Sherlock asked the Minister for Health and Children if she will expedite the psychological assessment of a person (details supplied) in County Cork who was diagnosed with dyspraxia in October 2005 and is still awaiting assessment; and if she will make a statement on the matter. [14886/08]

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

Question No. 154 answered with Question No. 141.

Nursing Homes Repayment Scheme.

Fergus O'Dowd

Ceist:

155 Deputy Fergus O’Dowd asked the Minister for Health and Children the position regarding an application to the Health Service Executive health repayment scheme by a person (details supplied) in County Louth; and if she will make a statement on the matter. [14889/08]

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.

John Cregan

Ceist:

156 Deputy John Cregan asked the Minister for Health and Children when the full multi-disciplinary team will be put in place at a centre (details supplied) in County Limerick for children over six years of age; when a speech therapist will be appointed in view of the fact that there has been no speech therapy provided for the children for some time; and if she will make a statement on the matter. [14893/08]

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

Michael McGrath

Ceist:

157 Deputy Michael McGrath asked the Minister for Health and Children the position in relation to the provision of a communication device for a child (details supplied) in County Cork. [14902/08]

Michael McGrath

Ceist:

158 Deputy Michael McGrath asked the Minister for Health and Children the position in relation to the provision of speech therapy, physiotherapy and occupational therapy for a child (details supplied) in County Cork. [14903/08]

I propose to take Questions Nos. 157 and 158 together.

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

Hospital Services.

Michael McGrath

Ceist:

159 Deputy Michael McGrath asked the Minister for Health and Children the position in relation to plans to provide dedicated facilities, including a day unit and patient beds, at Cork University Hospital for adult cystic fibrosis patients; and the funding that has been committed for the provision of such facilities. [14910/08]

I have identified the enhancement of services to persons with Cystic Fibrosis (CF) as a key priority over recent years. Additional revenue refunding of €6.78m has been allocated to the Health Service Executive (HSE) since 2006 to facilitate the recruitment of specialist staff in this area. The detailed application of this funding across the various hospital networks is a matter for the Executive.

Over the past number of years there has been a significant investment in CF services at Cork University Hospital (CUH). In 2006, the HSE allocated over €700,000 revenue funding to CUH to enhance services for people with CF. Towards the end of 2007, the Southern Hospitals Group received an additional allocation of €293,000 in respect of CF. These additional funds have resulted in a 300% increase in staffing levels for the CF Unit in the CUH.

The HSE has informed me that, while CUH does not have a purpose built CF Unit, every effort is made by bed management staff to accommodate patients in appropriate settings on admission to the hospital. A Statement of Need for Adult Cystic Fibrosis Services is being prepared by the hospital. This will set out the requirements for both day- and in-patient facilities to accommodate the caseload of adult patients and enable CF services to be delivered by the multidisciplinary team in line with best practice. The management at CUH has indicated that it is fully committed to the further development of CF facilities at the hospital and has been in regular contact with the Cystic Fibrosis Association to keep it apprised of developments.

I understand that the CUH Management has also indicated its commitment to working with the Build4Life group in providing monetary support to the in the development of services for CF patients.

Medicinal Products.

Fergus O'Dowd

Ceist:

160 Deputy Fergus O’Dowd asked the Minister for Health and Children the details of any cancer drug reaction studies being carried out in the Dublin north east Health Service Executive area; the reason for such a study; the persons who are carrying it out; if such studies are being carried out elsewhere in other HSE areas; the date this study commenced; the expected completion date; and when the results will be published. [14914/08]

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

Hospital Services.

Caoimhghín Ó Caoláin

Ceist:

161 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when a reply will issue from the Health Service Executive to Parliamentary Question No. 208 of 11 March 2008. [14918/08]

My Department has been informed by the Health Service Executive that a reply will issue to Deputy in the near future.

Community Care.

Charlie O'Connor

Ceist:

162 Deputy Charlie O’Connor asked the Minister for Health and Children the reason, in view of the positive assessment report by the Health Service Executive into the hospital in the home service, based in Tallaght, Dublin 24, a decision has been made by the HSE to close down this vital service within the month; and if she will make a statement on the matter. [14920/08]

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 particular issue 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.

Hospital Services.

Fergus O'Dowd

Ceist:

163 Deputy Fergus O’Dowd asked the Minister for Health and Children the position regarding an operation for a person (details supplied) in County Louth; and if she will make a statement on the matter. [14942/08]

Regulation (EC) 1408/71 sets out entitlements of insured persons of one member state who receive public health services in another member state. Article 22 (1) (c) of Regulation 1408/71 governs the referral of patients for public health services to another European country. In accordance with this article, a person eligible for health services in Ireland may be authorised by the HSE to go to another country for treatment in the public health system there, if certain criteria are met. When a person is authorised to receive treatment abroad under the above provisions, Form E112 is issued by the HSE and is confirmation that the HSE will bear the cost of the treatment.

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 have the issue examined and to have a reply issued directly to the Deputy.

National Treatment Purchase Fund.

John Deasy

Ceist:

164 Deputy John Deasy asked the Minister for Health and Children if she is satisfied that treatment provided under the National Treatment Purchase Fund provides an equivalent level of specialisation to patients to that which would be provided in the public health system; and if she will make a statement on the matter. [14957/08]

John Deasy

Ceist:

165 Deputy John Deasy asked the Minister for Health and Children if she is satisfied that patients referred to private hospital treatment under the National Treatment Purchase Fund are provided with the level of specialisation required by the complexity of the condition being treated; and if she will make a statement on the matter. [14958/08]

I propose to take Questions Nos. 164 and 165 together.

Services delivered under the auspices of the National Treatment Purchase Fund (NTPF) are provided by hospital consultants who are required by the NTPF to be registered with the Fund and who are also approved by the NTPF's Chief Medical Advisor as being eligible for certification on the Medical Council's Specialist Register.

Patients are referred to consultants in the specialty which they require and to hospitals approved by the NTPF to undertake the necessary procedure. As is the case in the public hospital system, not all procedures can be carried out in all hospitals and, in the interests of optimal patient safety, patients are only referred to hospitals appropriate to their needs.

I am satisfied that patients who benefit from treatment sourced through NTPF are not at any disadvantage compared to those who receive similar treatment through the public health system.

Health Services.

Bernard J. Durkan

Ceist:

166 Deputy Bernard J. Durkan asked the Minister for Health and Children if treatment has been prescribed in the case of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [14959/08]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Medical Cards.

Bernard J. Durkan

Ceist:

167 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [14960/08]

Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. 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 did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP.

The assessment of eligibility for medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged 70 and over, who have an automatic statutory entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold.

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.

Nursing Homes Repayment Scheme.

Bernard J. Durkan

Ceist:

168 Deputy Bernard J. Durkan asked the Minister for Health and Children the extent of a refund due under the residential repayment scheme in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [14961/08]

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.

Mental Health Services.

Sean Sherlock

Ceist:

169 Deputy Seán Sherlock asked the Minister for Health and Children when the senior officials group will put into action the recommendations of the National Economic and Social Forum report as per the national plan for social inclusion; and if she will make a statement on the matter. [13837/08]

The National Economic and Social Forum's report on Mental Health and Social Inclusion is consistent with ‘A Vision for Change' which was launched in January 2006. A key recommendation of the NESF report is the establishment of cross-departmental structures to address mental health and social inclusion. In January 2008, the Government announced the establishment of the Office for Disability and Mental Health. The Office is a cross-departmental Government office with functions in four Departments: Health and Children, Education and Science, Enterprise, Trade and Employment and Justice, Equality and Law Reform. The Director of the Office is a member of the Senior Officials Group on Social Inclusion.

The Office's functions include driving the recommendations of ‘A Vision for Change', bringing a new impetus to the implementation of the Report through working in partnership with the HSE and other stakeholders to achieve implementation of agreed targets. The recommendations of the NESF report will inform the work of the Office in this regard.

Health Services.

Noel Grealish

Ceist:

170 Deputy Noel Grealish asked the Minister for Health and Children the outcome of a meeting held on 19 March 2008 (details supplied); when a decision will be made on this issue; and if she will make a statement on the matter. [13849/08]

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 provide the specific information sought by the Deputy. 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.

Jack Wall

Ceist:

171 Deputy Jack Wall asked the Minister for Health and Children if alternative arrangements will be made for a person (details supplied) in County Kildare to allow them to obtain an operation; and if she will make a statement on the matter. [13851/08]

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 issue 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.

Medical Aids and Appliances.

Aengus Ó Snodaigh

Ceist:

172 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to the case of a person (details supplied) in Dublin 8 who was just released from hospital and to whom the Health Service Executive will not release the wheelchair assigned to them until they have a ramp installed at their flat; if her attention has further been drawn to the fact that Dublin City Council will not install the ramp until they receive an occupational therapist report, the waiting time for which is excessively long; and if she will enquire into the matter and take steps to ensure an occupational therapist is assigned without further delay. [13852/08]

The Deputy's question relates to the management and delivery of health and personal 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.

Nursing Home Accommodation.

Pádraic McCormack

Ceist:

173 Deputy Pádraic McCormack asked the Minister for Health and Children if the necessary funds will be provided to the Health Service Executive west for the reopening of seven closed beds at a nursing home (details supplied) in County Galway where the capacity is for 34 beds but only 27 are in use; if a review will be carried out of the funding of the nursing home given that the budget is based on 2001 figures and the number of dependent patients is currently greater; if there will be a review of the funding to this nursing home; and if she will make a statement on the matter. [13853/08]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Pádraic McCormack

Ceist:

174 Deputy Pádraic McCormack asked the Minister for Health and Children the situation as regards the filling of the six vacant beds in a nursing home (details supplied) in County Galway; if the necessary staff have been allocated to the nursing home to allow for the filling of these six vacant beds; and if she will make a statement on the matter. [13854/08]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Nursing Homes Repayment Scheme.

John O'Mahony

Ceist:

175 Deputy John O’Mahony asked the Minister for Health and Children the number of appeals heard under the health repayment scheme; the number that have been successful; the number that have been unsuccessful; and if she will make a statement on the matter. [13860/08]

The Health Repayment Scheme Appeals Office is an independent office established to provide an appeals service to those who wish to appeal the decision of the Scheme Administrator under the Health (Repayment Scheme) Act 2006. The Health Repayment Scheme Appeals Office has informed my Department that as of 4 April 2008, the Appeals Office has issued 903 appeal decisions. Of these appeal decisions 229 have disagreed with the decision of the Scheme Administrator and 674 have agreed with the decision of the Scheme Administrator.

Inter-Country Adoptions.

Seán Barrett

Ceist:

176 Deputy Seán Barrett asked the Minister for Health and Children if additional resources, in the form of extra social worker staff, will be provided in the Dublin area to address and expedite processing of the Adoption Board’s lengthy backlog of inter-country adoption applications, where waiting periods are usually upwards of 24 months prior to assessment; and if she will make a statement on the matter. [13861/08]

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. As the Deputy may be aware, requests for assessment for intercountry adoption are continuously increasing. The recent study on intercountry adoption, undertaken by the Children's Research Centre in Trinity College, revealed that Ireland has one of the highest rates for foreign adoption in Europe. In addition, as a result of the increased number of children coming from abroad, a new and increasing demand for post-adoption reports from sending countries has been created. Both assessments and post-placement reports are being undertaken by HSE social work staff. 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. In a number of areas, the HSE has improved waiting times by contracting assessments out to non-statutory agencies with appropriate expertise. The HSE has undertaken a review of the intercountry adoption service. This review examined staffing, business processes, resources, strengths and options within the service. The HSE has indicated that it will contact the Department shortly with a proposed strategy on the management of the service into the future based on this work and parallel discussions with professionals within the service. I would like to assure the Deputy of my attention to this issue and reiterate the importance of a rigorous and effective assessment system.

Health Services.

Finian McGrath

Ceist:

177 Deputy Finian McGrath asked the Minister for Health and Children if she will take action in relation to a query (details supplied). [13876/08]

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.

Finian McGrath

Ceist:

178 Deputy Finian McGrath asked the Minister for Health and Children if she will support a proposal (details supplied). [13877/08]

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.

Child Care Services.

Michael Ring

Ceist:

179 Deputy Michael Ring asked the Minister for Health and Children if funding could be made available under the National Childcare Investment Programme for a new purpose built facility (details supplied) in County Mayo in order that it can open on completion. [13885/08]

As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme 2006-10, which will invest €575 million over 5 years, with €358 million of this in capital grant aid for child care services. I understand the Group in question has applied through its local County Childcare Committee for capital funding under the programme. However the committee requires further information before the application can progress. This includes obtaining a letter from the Group confirming the basis of the original funding for the project, to avoid duplication of funding, and confirmation that the group has access to community employment workers to ensure its financial sustainability. When the application is complete, it will be forwarded to Pobal, which is engaged to administer grants under the programme, for assessment. Following the assessment it will be forwarded to the child care directorate of my office for recommendation on funding. The Group will be notified of the decision in due course.

National Treatment Purchase Fund.

Michael McGrath

Ceist:

180 Deputy Michael McGrath asked the Minister for Health and Children if the Health Service Executive will provide financial support to persons who undergo a specific treatment abroad (details supplied). [13896/08]

Entitlement to treatment abroad is provided for under Regulation (EC) 1408/71, which deals with the co-ordination of social security, including health care, between EU/EEA member states and Switzerland. Under its provisions, persons who are insured with or covered by the public health care system of one member state are entitled to receive health care in the public system of another member state under certain circumstances. In particular, Article 22(1)(c) of the regulation governs the referral of patients for public health services to another of these countries (E112 arrangements). Under this provision, a person who is eligible for health services in Ireland may be referred by the HSE for treatment in the public health system of another member state. In such cases, a Form E112 is issued by the HSE, which involves a commitment by the Executive to pay the cost of treatment. However, the Regulation provides that entitlement to have treatment abroad under this provision is contingent, inter alia, on the treatment in question being among the benefits provided for by Irish legislation. This means that there can be no entitlement to receive a particular treatment in another European country at the cost of the HSE unless the patient is eligible for the same or similar treatment within the Irish public health care system. As there is no eligibility for pre-implantation genetic diagnosis within the Irish public healthcare system, there is therefore no entitlement to have the costs of this treatment met under E112 arrangements.

Hospitals Building Programme.

James Reilly

Ceist:

181 Deputy James Reilly asked the Minister for Health and Children the cost of the location study carried out by The Health Partnership on the proposed location of a hospital in the north east; the expected completion date for the project; and if she will make a statement on the matter. [13900/08]

The study in question was commissioned by the Health Service Executive and 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.

Courts Service.

P. J. Sheehan

Ceist:

182 Deputy P. J. Sheehan asked the Minister for Health and Children if she will direct that every assistance possible, and all necessary information, is supplied to a person (details supplied); and if she will make a statement on the matter. [13920/08]

As this question relates to a request for information arising from criminal court proceedings, it is more appropriate to my colleague, the Minister for Justice, Equality and Law Reform.

Vaccination Programme.

Kathleen Lynch

Ceist:

183 Deputy Kathleen Lynch asked the Minister for Health and Children her views on the lengthy waiting time for the BCG vaccination in the Cork area; her proposals to reduce this waiting time in view of the recent tuberculosis health scare in the Cork area; the number of neonatal BCG clinics that have been introduced at Cork University Maternity Hospital; the number of outreach clinics that have been set up in the Cork area; the throughput of these clinics; and if she will make a statement on the matter. [13926/08]

The Deputy's question relates to the funding, 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.

Chris Andrews

Ceist:

184 Deputy Chris Andrews asked the Minister for Health and Children the range of health services that will be available at a centre (details supplied); when it is scheduled to open; if there will be transfer of services from another centre; and if she will make a statement on the matter. [13940/08]

The provision of the appropriate infrastructure to facilitate the delivery of primary care services is the responsibility of the Health Service Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matters raised by the Deputy investigated and to have a reply issued directly to the Deputy.

Joe Carey

Ceist:

185 Deputy Joe Carey asked the Minister for Health and Children when, in view of the approval by the Health Service Executive for the development of a dementia specific unit in Clarecastle, County Clare and the completion of its construction, the centre will be opened; and if she will make a statement on the matter. [13955/08]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Finian McGrath

Ceist:

186 Deputy Finian McGrath asked the Minister for Health and Children if she will assist a person (details supplied) in County Dublin. [13970/08]

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. The Executive, therefore, is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Finian McGrath

Ceist:

187 Deputy Finian McGrath asked the Minister for Health and Children the options and services available for people (details supplied). [13971/08]

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. The Executive, therefore, is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Registration of Nurses.

Paul Kehoe

Ceist:

188 Deputy Paul Kehoe asked the Minister for Health and Children if her attention has been drawn to the delays being experienced by nurses seeking their registration with An Bord Altranais; if additional resources will be made available to deal with this matter; and if she will make a statement on the matter. [13983/08]

An Bord Altranais has statutory responsibility for the regulation of nurses and midwives under the Nurses Act, 1985. I am sure that the Deputy will appreciate that An Bord Altranais must process each application thoroughly to ensure that all those entered on the Register of Nurses are deemed professionally qualified and competent for such registration. The protection of the public underpins this process. Once An Bord Altranais receives an application form, fee and fully completed documentation needed for the consideration of the application, a decision is reached and the applicant is informed in writing within six weeks.

I have been informed by An Bord Altranais that the most common reason for an increased length in time for processing the application for registration from the receipt of an application form and fee to the issuing of a decision letter is a delay in the receipt of supporting documents. These documents, including transcripts of training and the verification of registration and good standing (for applicants who trained outside Ireland), must come directly from source to An Bord Altranais. At times, An Bord Altranais has experienced a considerable delay in the receipt of these documents. An Bord Altranais endeavours to process applications in a timely manner but must have the documents necessary to support a decision to grant registration. I am satisfied that the Board discharges its functions in a professional manner and the necessity of additional resources is not an issue in this matter.

Paul Kehoe

Ceist:

189 Deputy Paul Kehoe asked the Minister for Health and Children if her attention has been drawn to the delays being experienced by a person (details supplied) seeking registration with An Bord Altranais; if additional resources will be made available to deal with this matter; and if she will make a statement on the matter. [13984/08]

An Bord Altranais has statutory responsibility for the regulation of nurses and midwives under the Nurses Act, 1985. I am sure that the Deputy will appreciate that An Bord Altranais must process each application thoroughly to ensure that all those entered on the Register of Nurses are deemed professionally qualified and competent for such registration. The protection of the public underpins this process. I am satisfied that the Board discharges its functions in a professional manner and the necessity of additional resources is not an issue in this matter.

Given the statutory functions of the Board and its independence in this regard, it would not be appropriate for the Minister to intervene in individual applications for registration. I have been informed by An Bord Altranais that upon receipt of an application form, fee and all fully completed documentation needed for the consideration of the application, the file is reviewed and a decision is reached and the applicant is informed in writing within six weeks.

I have been informed by An Bord Altranais that the most common reason for an increased length in time for processing the application for registration from the receipt of an application form and fee to the issuing of a decision letter is a delay in the receipt of supporting documents. These documents, including transcripts of training and the verification of registration and good standing (for applicants who trained outside Ireland), must come directly from source to An Bord Altranais. At times, An Bord Altranais has experienced a considerable delay in the receipt of these documents. An Bord Altranais endeavours to process applications in a timely manner but must have the documents necessary to support a decision to grant registration.

Nursing Homes Repayment Scheme.

Phil Hogan

Ceist:

190 Deputy Phil Hogan asked the Minister for Health and Children if she received an application for nursing home rebate from a person (details supplied) in County Kilkenny; when a reference number will be provided in order that the applicant can avail of the help desk; and if she will make a statement on the matter. [13987/08]

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.

Hospital Waiting Lists.

Michael Ring

Ceist:

191 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be offered a bed in a specific unit in Dublin. [13989/08]

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. The Executive, therefore, is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Staff.

John O'Mahony

Ceist:

192 Deputy John O’Mahony asked the Minister for Health and Children when the post of biochemist will be filled in a hospital (details supplied) in County Mayo; and if she will make a statement on the matter. [14005/08]

Almost 130,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the numbers of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future.

Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Waiting Lists.

Michael Ring

Ceist:

193 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be provided with a long stay bed. [14008/08]

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.

Hospital Accommodation.

Charles Flanagan

Ceist:

194 Deputy Charles Flanagan asked the Minister for Health and Children the progress made in respect of adapting an existing ward at St. Vincent’s Hospital, Dublin to provide isolation units for cystic fibrosis inpatients; and if she will make a statement on the matter. [14013/08]

Charles Flanagan

Ceist:

195 Deputy Charles Flanagan asked the Minister for Health and Children the number of the 11 principal recommendations of a report (details supplied) that have been fully implemented to date; and if she will make a statement on the matter. [14014/08]

I propose to take Questions Nos. 194 and 195 together.

I take it that the Deputy is referring to the report by Dr Ronnie Pollock which was commissioned by the Cystic Fibrosis Association of Ireland. Following publication of the Pollock Report in 2005, the Health Service Executive established a Working Group to undertake a detailed review of cystic fibrosis services. The Group, which was multi-disciplinary in its composition, was asked to review the current configuration and delivery of services to persons with cystic fibrosis in Ireland. The Group identified a range of service improvements required for persons with Cystic Fibrosis, including the need to increase the level of clinical, nursing and allied health professional staffing in Cystic Fibrosis units around the country.

Arising from the Pollock Report and the emerging recommendations of the Working Group, I identified the development of cystic fibrosis services as a policy priority in the Estimates process. In 2006 and 2007, additional revenue funding of €6.78 million was provided to the Health Service Executive (HSE) to develop services.

My Department is advised by the HSE that 44 additional staff dealing with cystic fibrosis were recruited on foot of this additional funding and that the necessary funding is available to facilitate the recruitment of a further 37 staff nationally.

The HSE was asked to place a particular focus on the development of services at the National Adult Tertiary Referral Centre at St. Vincent's Hospital. A number of capital projects have recently been completed at the hospital and have helped to improve facilities.

However, it is accepted that these developments do not fully address the immediate needs of patients. The HSE has been working intensively with the Hospital and with representatives of the Cystic Fibrosis Association of Ireland to progress options for further interim improvements. The HSE has advised that work has commenced on the refurbishment of St. Mark's Ward to provide eight single en-suite rooms. On completion of this refurbishment, additional development work will be undertaken at the hospital to provide a further six single rooms for patients with cystic fibrosis.

In the longer term, a new ward block is to be built and will include 120 replacement beds in single en-suite accommodation. The new facility will accommodate cystic fibrosis patients and will include appropriate isolation facilities.

Beaumont Hospital operates as a regional centre in providing services to adults with cystic fibrosis. In the 2008 Budget, a special allocation of €2.5m capital funding was provided to enable the hospital to develop out patient facilities for cystic fibrosis patients.

Health Services.

Catherine Byrne

Ceist:

196 Deputy Catherine Byrne asked the Minister for Health and Children the reason a person (details supplied) in Dublin 12 will have their respite care terminated as and from May 2008; and if she will make a statement on the matter. [14034/08]

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.

Catherine Byrne

Ceist:

197 Deputy Catherine Byrne asked the Minister for Health and Children the reason funding for respite care at Cherry Orchard Hospital has been cut and vital respite care services have been scaled down; if she will reverse this decision in view of the undue suffering it will cause for patients and their families; and if she will make a statement on the matter. [14035/08]

Arising from Budget 2008, a full year package of €22m has been allocated for new services in the area of older people. This therefore gives a total of over €422m for new services for older people over the last three years. These measures have been designed to both enhance existing services that the Government had already put in place, and also to widen the range of services available to older people.

In this context, over €16m has been provided in the last three years for new Day/Respite Care services. The recent Budget will allow an additional 1,245 clients nationally to avail of new Respite places and brings the total projected Day Care provision by the Health Service Executive to around 21,300 places by the end of this year.

The HSE have committed through it's National Service Plan 2008 to deliver services within its Vote provided by the Oireachtas. It will manage the provision of respite care beds at Cherry Orchard within this context and also recognising the priority the Government and the Executive have given to services for older people.

There is no doubt that demand can at times exceed service resources and that this problem can manifest itself in particular at local level. I understand that there are particular pressures being experienced at Cherry Orchard, and that these are kept under constant review by the HSE.

It is a matter for the Executive to manage service delivery, both nationally and locally, within it's budget and in line with overall health policy priorities. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the HSE to arrange to have the matter investigated in detail and to have a reply issued directly to the Deputy.

Hospital Waiting Lists.

Michael Ring

Ceist:

198 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for a MRI scan. [14065/08]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Services.

Brian O'Shea

Ceist:

199 Deputy Brian O’Shea asked the Minister for Health and Children further to Parliamentary Question No. 198 of 8 April 2008, if the reply means that the radiation oncology capacity at the integrated satellite centre at Waterford Regional Hospital will be in place by 2010; and if she will make a statement on the matter. [14082/08]

The specific question raised by the Deputy in relation to progress under the National Plan for Radiation Oncology relates to the management and delivery of health and personal social services, which are the responsibility of the HSE under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to respond directly to the Deputy in this regard.

Medical Cards.

Bernard J. Durkan

Ceist:

200 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [14084/08]

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.

Consultancy Contracts.

Olivia Mitchell

Ceist:

201 Deputy Olivia Mitchell asked the Minister for Health and Children the consultants who carried out work for her Department or for any body under the auspices of her Department during 2007; if each consultant was an individual or a firm; the amount earned by each consultant in 2007; the basis of the calculation of same; the rate per hour, day, week, month or other period payable in each case; if in each case the consultant was engaged to prepare a report or to carry out work; if in the case of a report being prepared the report has been published; if not, when the report will be published; and if she will make a statement on the matter. [14108/08]

My Department has requested the Parliamentary Affairs Division of the Health Service Executive to arrange to have this matter investigated and to respond directly to the Deputy. The information regarding this Department and other agencies is currently being compiled and will be forwarded to the Deputy as soon as possible.

Child Care Services.

Tom Sheahan

Ceist:

202 Deputy Tom Sheahan asked the Minister for Health and Children her views on whether the introduction of the new subvention scheme with regard to the provision of childcare is the best way forward for the children and parents of rural communities; and if she will make a statement on the matter. [14129/08]

As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme 2006-2010 (NCIP) under which the Community Childcare Subvention Scheme (CCSS) was introduced in January of this year. The CCSS replaced the previous staffing support grant scheme which was implemented under the EU co-funded Equal Opportunities Childcare Programme 2000-2006 (EOCP) and which ended in December 2007.

In providing for the CCSS and the previous EOCP support scheme, Government childcare policy has recognised the need to target additional supports towards disadvantaged families in addition to the main supports which are made available to parents to assist them with their childcare costs, that is Child Benefit and the Early Childcare Supplement. The latter payment is the responsibility of my Office and, it alone is expected to amount to expenditure of over €500m in 2008. These payments are universal and benefit all parents, regardless of their income, labour market status or the type of childcare they choose.

The Community Childcare Subvention Scheme has an allocation of €154.2 million over 2008-2010 and will continue to support and ensure the sustainability of community-based childcare services which provide reduced childcare fees for disadvantaged parents. Data available from the Department of Social and Family Affairs would suggest that this is, proportionately, of greater potential benefit in rural areas, where incomes are lower and more families have entitlement to social welfare benefits. Community-based childcare services will qualify for grant aid on the basis of the level of service they provide and the profile of the parents benefiting from their service. The parent profile of each service, and the amount of subvention it will receive, are determined on the basis of completed parent declaration forms which they return as part of the application process. The subvention received by services is, in turn, reflected in a tiered fee system under which reduced fees are charged to parents who qualify as disadvantaged under the scheme. As the parent declaration forms are completed on an annual basis, the level of funding which is approved for each service is established on an annual basis.

Transitional arrangements have been put in place to facilitate services which were funded under the previous EOCP support scheme to adjust to the new arrangements. As a result, these services will receive not less than 95% of their previous level of funding in 2008. The CCSS also recognises that in some cases, particularly in rural areas or on the islands, community childcare services may operate with a small or fluctuating number of children, in which case a minimum annual grant level of €20,000 can be awarded.

The CCSS provides an effective framework for the continued targeting of additional resources towards disadvantaged parents and their children while continuing to support community-based childcare services generally and, I am satisfied that it will also be effective in delivering the NCIP objectives of supporting families to break the cycle of poverty and disadvantage. It will also provide a framework which can accommodate any future childcare related initiatives which may be introduced. The scheme is responsive to the level of service provided as well as the degree of parental disadvantage and the ceiling for funding which existed under the previous scheme has been removed. Account is also taken of all of the operational costs of the service rather than staffing costs alone. The changes which have been introduced will ensure that the most affordable childcare is available to families according to their means. Put simply, the tiered fee structure is the most effective way of ensuring that the considerable and ongoing Government support for the community childcare sector, will be targeted at those who need it most.

I am also pleased to advise the Deputy that the Childcare Directorate of my Office has begun notifying services of their individual grant levels for July-December 2008 and that the total amount of grant assistance under the new Scheme will be significantly higher than was the case under the previous scheme. I am confident that the Community Childcare Subvention Scheme is a fair and equitable way of supporting community childcare operators in the provision of an affordable and high quality service to parents.

Hospital Services.

Tom Sheahan

Ceist:

203 Deputy Tom Sheahan asked the Minister for Health and Children if she will provide a dedicated cystic fibrosis treatment facility in Cork University Hospital to cater for the sufferers of cystic fibrosis in the Cork-Kerry region whereby an organisation (details supplied) have raised in excess of €1 million which they will give to develop these facilities. [14134/08]

I have identified the enhancement of services to persons with cystic fibrosis (CF) as a key priority over recent years. Additional revenue refunding of €6.78m has been allocated to the Health Service Executive (HSE) since 2006 to facilitate the recruitment of specialist staff in this area. The detailed application of this funding across the various hospital networks is a matter for the Executive.

Over the past number of years there has been a significant investment in Cystic Fibrosis (CF) services at Cork University Hospital (CUH). In 2006, the HSE allocated over €700,000 revenue funding to CUH to enhance services for people with CF. Towards the end of 2007, the Southern Hospitals Group received an additional allocation of €293,000 in respect of CF. These additional funds have resulted in a 300% increase in staffing levels for the CF Unit in the CUH.

The HSE has informed me that, while CUH does not have a purpose built CF Unit, every effort is made by bed management staff to accommodate patients in appropriate settings on admission to the hospital. A Statement of Need for Adult Cystic Fibrosis Services is being prepared by the hospital. This will set out the requirements for both day and in-patient facilities to accommodate the caseload of adult patients and enable CF services to be delivered by the multi-disciplinary team in line with best practice.

The management at CUH has indicated that it is fully committed to the further development of CF facilities at the hospital and has been in regular contact with the Cystic Fibrosis Association to keep it apprised of developments. I understand that the CUH Management has also indicated its commitment to working with the Build4Life group in providing monetary support to the in the development of services for CF patients.

Nursing Homes Repayment Scheme.

Willie Penrose

Ceist:

204 Deputy Willie Penrose asked the Minister for Health and Children if she will take steps to ensure that an application for repayment under the health repayment scheme is made to a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [14173/08]

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.

Ambulance Service.

Willie Penrose

Ceist:

205 Deputy Willie Penrose asked the Minister for Health and Children if her attention has been drawn to the fact that the National Ambulance Service have been recently advised by the chief fire officers in the relevant areas that they will be seeking payment for ambulance assist calls previously provided without charge and that the Fire and Rescue Services will be seeking full cost of call outs plus 33% for overhead costs; further, if her attention has been drawn to the fact that the National Ambulance Service is not funded for such charges and this could lead to a discontinuation of requests for such assistance, which could have serious implications in the respect of road traffics accidents; and if she will make a statement on the matter. [14175/08]

My Department has made inquiries of the National Ambulance Office of the Health Service Executive regarding the matter raised by the Deputy.

I understand that, while the HSE National Ambulance Office is aware that this general matter has been raised from time to time at local level, it has not been raised by the fire services centrally with the National Ambulance Office.

Medical Cards.

Eamon Gilmore

Ceist:

206 Deputy Eamon Gilmore asked the Minister for Health and Children the reason the income guidelines for a full medical card have not increased in the past two years; if her attention has been drawn to the effect this is having on many people, particularly those aged between 60 and 70 years; and if she will make a statement on the matter. [14183/08]

The assessment of eligibility to medical cards is statutorily a matter for the HSE and is determined following an examination of the means of the applicant and his/her dependants. Under Section 45 of the Health Act 1970, medical cards are provided for persons who, in the opinion of the HSE, are unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants.

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. Persons aged 70 and over are statutorily entitled to a medical card, regardless of income. In all other cases an assessment of means is undertaken.

In recent years there have been significant improvements to the way in which people's eligibility for medical cards and GP visit cards is assessed. Since the beginning of 2005, the qualifying guidelines have increased by a cumulative 29%. Assessment is now based on an applicant's and, where relevant, his/her spouse's income after tax and PRSI, and takes account of reasonable expenses incurred in respect of rent or mortgage payments, childcare and travel to work. In June 2006, there was a further increase in the qualifying threshold for the GP visit card to 50% above that for a medical card. Furthermore, under the assessment guidelines, applicants whose weekly incomes are derived solely from Social and Family Affairs payments or HSE payments, even if these exceed the stated thresholds, qualify for a medical card.

The Programme for Government commits to the following: indexing the income thresholds for medical cards to increases in the average industrial wage; doubling of the income limit eligibility of parents of children under 6 years of age, and trebling them for parents of children under 18 years of age with an intellectual disability. My Department is currently reviewing all legislation relating to eligibility for health and personal social services with a view to making the system as fair and transparent as possible. As part of this exercise, a review of the eligibility criteria for medical cards in the context of financial, medical and social need is being undertaken and is expected to be completed by autumn 2008. When that review is completed, it is my intention to consider how best to progress the commitments in the Programme for Government in relation to medical card eligibility.

Research Funding.

Mary Upton

Ceist:

207 Deputy Mary Upton asked the Minister for Health and Children her views on Ireland’s contribution to funding EU embryonic stem cell research; and if she will make a statement on the matter. [14188/08]

My colleague Mr Micheál Martin, TD, Minister for Enterprise, Trade and Employment has lead responsibility for Ireland for negotiation of the EU Seventh Research Framework Programme, under which EU funding of research of this kind arises.

Departmental Properties.

Bernard Allen

Ceist:

208 Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on Our Lady’s Hospital, Lee Road, Cork; and the plans she has in order to eliminate what is considered to be the biggest derelict site on the northside of Cork City, most of which has been unoccupied since 2003. [14190/08]

Bernard Allen

Ceist:

209 Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on the recent arson attack on the unoccupied St. Kevin’s Unit on the vacant site of Our Lady’s Hospital, Lee Road, Cork and the damage that was done in that arson attack; and the cost of security services on an annual basis over the past six years for that site. [14191/08]

I propose to take Questions Nos. 208 and 209 together.

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. The Executive, therefore, is the appropriate body to consider the particular matter raised by the Deputy.

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

Health Services.

Bernard Allen

Ceist:

210 Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on a recent comment made by the director of stroke services in Tallaght Hospital that at least 400 lives could be saved every year by improving the delivery of stroke services; and the reason the proposals for a national rehabilitation centre to be located in Cork have been scrapped. [14192/08]

The Government believes that individuals at risk of stroke, or those who suffer from the consequences of stroke, should be provided with high quality preventative and treatment services. In September last year Minister Harney established a Cardiovascular Health Policy Group to advise on how to prevent the occurrence of cardiovascular disease and stroke and improve services for individuals affected by these conditions. The recently published Irish Heart Foundation National Audit of Stroke Care, which was conducted with the support of my Department, has highlighted a number of areas where clinical care and the organisation of stroke services can be enhanced. The Cardiovascular Health Policy Group has, in the course of its work, considered the Audit and is expected to make recommendations in the summer.

The availability of stroke services and plans for development of rehabilitation services are matters which relate to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Food Safety Standards.

Bernard Allen

Ceist:

211 Deputy Bernard Allen asked the Minister for Health and Children the initiatives she proposes to take to deal with the problems of gastroenteritis in the community which is a preventable disease and which according to recent research by Trinity College Dublin, is costing Ireland more than €135 million each year. [14193/08]

The study — The Economic Impact of Gastroenteritis on the Island of Ireland — to which the Deputy refers was commissioned by the Food Safety Promotion Board (FSPB). The study showed that approximately 10% of the people on the island report suffering symptoms of gastroenteritis each year. This is in line with estimated rates from other studies in the EU.

The study has estimated the economic burden of gastroenteritis at €135 million, of which €101 million is borne in the South. These estimates include the costs of GP and hospital services where required and also costs borne by individuals, including estimates of the valuation of time off work.

In order to combat this disease a number of initiatives have been developed across Government Departments and agencies including the Food Safety Authority of Ireland, the Health Protection Surveillance Centre, the Environmental Protection Agency and the FSPB. These initiatives include training and guidance documents for healthcare workers, industry and the hospitality sector. Other initiatives such as the slaughter-out policy for Irish poultry flocks have been effective in addressing this issue. There is evidence of the impact of these initiatives such as reduced numbers of salmonella cases in recent years who acquire the disease at home and a reduction in the average size of outbreaks.

A sample initiative is the FSPB's promotion of food safety in schools and educational settings in order to communicate and train young people in adequate food hygiene. It has developed a transition year programme called "safefood for life". This is an educational resource, produced in conjunction with the Environmental Health Officers Association, to train students on simple food hygiene messages and which certifies them to a basic hygiene standard so as to allow them to work in food premises. At primary school level educational drama resources have been developed and disseminated to emphasise hand hygiene.

Hospitals Building Programme.

Bernard Allen

Ceist:

212 Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on plans for a new hospital at the site of St. Mary’s Orthopaedic Hospital, Cork, to provide services for the elderly; and the other plans she has for that site. [14194/08]

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 issue 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.

Hospital Accommodation.

Bernard Allen

Ceist:

213 Deputy Bernard Allen asked the Minister for Health and Children when she expects the new 100 bed community nursing unit in Ballincollig to be opened for use. [14195/08]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Mental Health Services.

Bernard Allen

Ceist:

214 Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on the recent report which stated that up to 90% of asylum seekers experienced depression and feelings of worthlessness within six months of arriving here. [14196/08]

I am not aware of a Report on research relating to the prevalence of depression among asylum seekers. The observation that "90% of asylum seekers experienced depression and feelings of worthlessness within six months of arriving here" was reported recently in a medical publication, but it did not refer to a representative research project conducted in a systematic way. Access to primary care and mental health services is available to all individuals experiencing depression, including asylum seekers.

Cancer Screening Programme.

Bernard Allen

Ceist:

215 Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on the situation where at least 60% of cervical smear tests carried out at Health Service Executive hospitals will be sent abroad once a tender process for cytology screening services is complete. [14201/08]

Bernard Allen

Ceist:

227 Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on a situation where ten laboratories currently providing diagnostic gynaecological cytology services are disqualified for inclusion under the terms of the national cervical screening programme in view of the fact that they do not fulfil the necessary criteria, particularly the criteria to have full accreditation and that, as a result, tests will have to be sent abroad; and if she will confirm that 39,000 tests were sent to a US based laboratory in 2007 for processing due to excessive waiting times here. [14227/08]

I propose to take Questions Nos. 215 and 227 together.

The rollout of a national cervical screening programme is the most efficient population approach to preventing and controlling cervical cancer. The National Cancer Screening Service (NCSS) is planning to roll out such a programme on a national basis around the middle of this year. Women aged 25 to 44 years old will be screened every 3 years; women aged 45 to 60 will be screened every 5 years. The service will be available free of charge to eligible women everywhere in the country. Approximately 230,000 women will be screened annually, assuming an 80% take up by eligible women. 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.

Additional revenue funding of €5.0m was allocated to the NCSS in 2007 for the roll-out of the programme and an additional €15.0m has been allocated in 2008. An additional 30 posts have been approved to facilitate integration and roll-out of the programme.

The Deputy's specific questions in relation to the tender process and criteria for same under the national cervical screening programme are the responsibility of the National Cancer Screening Service. Accordingly, my Department has requested the Chief Executive Officer of the Service to respond directly to the Deputy in relation to the matters raised.

The Deputy's specific question in relation to the number of smear tests sent abroad in 2007 is the responsibility of the Health Service Executive (HSE). Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to have a reply issued directly to the Deputy in this regard.

Hospital Waiting Lists.

Bernard Allen

Ceist:

216 Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on the new Health Service Executive report which suggests that the number of patients on hospital waiting lists has increased by nearly 10% owing to staff and bed shortages and that this report has come nearly four years after she declared overcrowding in hospital emergency departments a national crisis; and the action she will take regarding the situation. [14202/08]

I understand that the report to which the Deputy refers is an internal HSE document.

The provision of public hospital services and the management of waiting lists generally is a matter for the Health Service Executive (HSE) while the National Treatment Purchase Fund (NTPF) has statutory responsibility for the collation, management and publication of data on waiting times and numbers of persons waiting for surgical procedures.

Since the establishment of the NTPF, waiting times for surgical procedures have fallen dramatically. As of October 2007, an analysis of the Patient Treatment Register (PTR) operated by the NTPF indicated median waiting times as follows:-18 of Adult top 20 procedure wait times were 2 to 4 months;8 of Child top 10 procedure wait times were 2 to 5 months: andan overall median wait time for all specialties of 3.5 months.

The PTR showed a consistent pattern of reduced waiting times for those longest waiting. For example, as of October 2007, the numbers of adults waiting for more than 12 months had reduced by almost 22% when compared with the position at the end of December 2006.

With reference to hospital Emergency Departments, significant additional resources have been provided to address the problems which manifest in these Departments. Among the developments which have taken place are:

Additional public and private Long Stay Beds,

Additional Home Care Packages and Home Help Hours,

Major capital developments in emergency departments and the provision of Acute Medical Assessment Units,

Hospital-in-the-Home service in the greater Dublin area,

Community Intervention Teams in Cork, Limerick and Dublin,

Rapid assessment clinics to support the catchment population of the Mater Hospital, and

Expansion of the GP out of hours services in North Dublin.

However, there are a number of hospitals where waiting lists and waiting times for surgical procedures continue to be unacceptably long. The NTPF continues to seek the co-operation of these hospitals in making referrals to it.

As the management of waiting lists generally is a matter for the HSE, my Department has requested the Parliamentary Affairs Department of the Executive to arrange to have a reply issued direct to the Deputy in the matter.

Disability Allowance.

Olwyn Enright

Ceist:

217 Deputy Olwyn Enright asked the Minister for Health and Children if she will provide a breakdown of the payments made under subheading II F1 Payments in respect of disablement caused by thalidomide, to include the number of people paid, and the amount paid to each person, excluding their names; and if she will make a statement on the matter. [14208/08]

There are a total of thirty-one people in receipt of the Thalidomide Allowance receiving tax free payments ranging from €5,977.80 to €12,888.21 per annum.

Hospital Services.

Bernard Allen

Ceist:

218 Deputy Bernard Allen asked the Minister for Health and Children if her attention has been drawn to a recent UK study presented recently at the Irish Medical Organisation conference which found a 1% increase in mortality with each 10 km increase in journey distances from hospitals; and the way she can reconcile the contents of that study with her proposals to close down local hospitals in favour of a centralised programme. [14211/08]

I am aware of the study to which the Deputy refers. It was carried out in the UK where a different system of health service delivery to our own is in operation. In addition, the data was also collected between 1997 and 2001. Therefore, changes in performance in recent years or new policies may have affected the suggested increase in the mortality rate.

The key issue in relation to distance from hospital and outcomes from acute events such as heart attacks is the quality and speed of delivery of pre-hospital emergency care. This is an area where there has been considerable investment and development in recent years. The Pre-Hospital Emergency Care Council, a statutory agency charged with responsibility for standards, education and training in the field of pre-hospital emergency care in Ireland, plays a key role in the area of new developments, promotion of research, emerging technology and advances in clinical practice. Among the Council's initiatives at present are:-

A spatial analysis study for each HSE region, the results of which will inform decisions on the optimum location for ambulance bases and the deployment arrangements necessary to minimise response times;

On-going co-operation with the HSE to facilitate a partnership in addressing many of the recommendations of the Sudden Cardiac Death Task Force Report, especially with regard to best practice in First Responder and Co-Responder schemes; and

Continuation of the roll-out of the Advanced Paramedic training programme.

Nursing Homes Repayment Scheme.

Michael Ring

Ceist:

219 Deputy Michael Ring asked the Minister for Health and Children the reason a person (details supplied) in County Mayo has not received their payment under the health repayment scheme. [14212/08]

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.

Research Funding.

Denis Naughten

Ceist:

220 Deputy Denis Naughten asked the Minister for Health and Children if she will fulfil a commitment to an organisation (details supplied) to provide funding for Exon skipping trials in the UK; and if she will make a statement on the matter. [14213/08]

I met with representatives of Muscular Dystrophy Ireland in October 2007 and discussed the issue raised by the Deputy. I subsequently wrote to Mr. Joe Mooney, Director of Muscular Dystrophy Ireland on 7th February 2008 outlining the position in relation to funding research trials into Duchenne Muscular Dystrophy in the United Kingdom. There is no mechanism or budget for Government funding of U.K. health research.

Primary Care Strategy.

Bernard Allen

Ceist:

221 Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on the slow roll-out of the Health Service Executive’s primary care teams and the fact that meetings have been held between the Health Service Executive and general practitioners over a three year period with very little progress being made. [14218/08]

The Primary Care Strategy aims to develop services in the community to give people direct access to integrated multi-disciplinary teams of general practitioners, nurses, home helps, physiotherapists, occupational therapists and others. It has been estimated that up to 95% of people's health and social services needs can be properly met within a primary care setting and the establishment of new Primary Care Teams can contribute greatly to enhancing community based health services.

The HSE received additional funding of €40m in the period 2006 to 2008 for the establishment of some 200 primary care teams involving some 600 additional front line professionals. The Government has committed under the Towards 2016 agreement to the establishment of 300 Primary Care teams by 2008; 400 by 2009 and 500 by 2011. A review of these targets is due to be undertaken in 2008.

The provision of the appropriate infrastructure to facilitate the delivery of primary care services is being considered by the HSE, having regard to a number of factors. These include the type and configuration of the services involved, the mixed public/private nature of our health system, the suitability of existing infrastructure and the capital requirements of the health services generally over the coming years. I have emphasised to the Health Service Executive the importance which I attach to the continued development and roll-out of primary care teams and my Department will monitor progress in this regard throughout the year.

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

Cancer Treatment Services.

Bernard Allen

Ceist:

222 Deputy Bernard Allen asked the Minister for Health and Children if she proposes to commission a patient impact assessment by consulting with doctors and patients before changes are made in the delivery of cancer services at hospital level. [14219/08]

The aim of the National Cancer Control Strategy, which was published in June 2006, is to reduce our cancer incidence, morbidity and mortality rates relative to other Member States of the European Union. The Strategy was developed by the National Cancer Forum, a multi-disciplinary expert group, comprising of both professional medical bodies and patient advocacy groups. The Forum recommended that all cancer care should be provided through a national system of four managed cancer control networks.

The delivery of cancer services on a programmatic basis will serve to ensure equity of access to services and equality of patient outcome irrespective of geography. This will involve significant realignment of services to move from the present fragmented system of care to one which is consistent with international best practice in cancer control. The decisions of the HSE in relation to four managed cancer control networks and eight cancer centres will be implemented on a managed and phased basis. Professor Tom Keane, Director of the HSE's National Cancer Control Programme, is currently consulting with a wide range of informants on how the Programme should be implemented. Prof Keane is also engaging in detailed planning to facilitate the orderly phased transfer of services between locations.

Health Services.

Bernard Allen

Ceist:

223 Deputy Bernard Allen asked the Minister for Health and Children if she will direct the Health Service Executive to make its board meetings public and accountable in the interest of transparency in view of the fact that many major decisions affecting the lives of people are being made behind closed doors by a body which in the main is not accountable to Dáil Éireann. [14220/08]

Section 6 of the Health Act, 2004 states that the Health Service Executive is a corporate body. In view of this, arrangements in relation to its Board meetings are a matter for the HSE. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to respond directly to the Deputy in relation to the matter raised.

Accident and Emergency Services.

Bernard Allen

Ceist:

224 Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on the situation whereby a new fully equipped accident and emergency unit at the Mercy Hospital, Cork, is lying idle whilst the present unit elsewhere on the campus of the Mercy University Hospital was deemed unfit for its purpose over two years ago, is tiny and does not have enough space for the demands on it. [14221/08]

The Deputy will be aware that the Health Act 2004 provided for the Health Service Executive (HSE) to have the responsibility to manage and deliver, or arrange to have delivered on its behalf, health and personal social services. This includes responsibility for the provision of services at the Mercy University Hospital, Cork.

Improving the delivery of Accident and Emergency services continues to be a top priority for the Government and the Health Service Executive. There are three Accident and Emergency Departments in Cork City. These are located at Cork University Hospital, the Mercy University Hospital, and the South Infirmary Victoria University Hospital. These units are cross-covered by a team of Consultants in Emergency Medicine.

Funding of €4.7m for the provision of a new Accident and Emergency Department at the Mercy University Hospital was included in the HSE's Capital Plan 2006-2010. Building work on the new Accident and Emergency Department was completed on schedule in January 2007. The work of equipping and commissioning the new facility was completed at the end of October 2007.

The HSE has informed my Department that there are currently 46 staff assigned to the existing A&E Department at an annual cost of approximately €2.5m. The staff complement includes the equivalent of 18 full time nurses, 1 full time Consultant in Emergency Medicine, 2 Registrars and 7 Senior House Officers. The working of the existing Department is underpinned by close working relationships with physiotherapists, a social worker, an occupational therapist, radiographer, pharmacist, psychiatry and other support services, including chaplains, security and housekeeping staff.

The original approval for the project included an additional revenue allocation of €0.40m. I understand that in January 2007, the Mercy University Hospital submitted an application to the HSE's National Hospitals Office for an additional 24.5 full time staff for the new unit, at a cost of almost €1.5m. This would represent a very substantial increase in staffing over the current complement.

In December 2007, in an effort to advance the issue, both sides agreed to an evaluation of the staffing requirement for the new facility. I understand that this process will be concluded shortly. On Monday 14th April the Mercy University Hospital indicated that it proposed to bring the new Accident and Emergency Department in the Hospital into operation on a limited basis, beginning in June 2008. The HSE and Mercy University Hospital are engaged in on-going discussions regarding the opening of the A&E Department and related issues.

Bernard Allen

Ceist:

225 Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on the recent comments by an association (details supplied) that seven emergency departments nationwide have been identified as unfit for the purpose by the Emergency Department Task Force and are in that condition two years after she declared emergency departments overcrowding, a national emergency. [14222/08]

The Emergency Department Task Force Report was commissioned by the Health Service Executive and published in June 2007. Significant additional resources have been provided to address the problems which manifest in Emergency Departments. Among the developments which have taken place in line with the recommendations of the Task Force Report are:

additional public and private Long Stay Beds,

additional Home Care Packages and Home Help Hours,

major capital developments in emergency departments and the provision of Acute Medical Assessment Units, including Mercy Hospital, Cork, Our Lady of Lourdes Hospital, Drogheda and Beaumont Hospital.

Hospital in the Home Service in the greater Dublin area.

Community Intervention Teams in Cork, Limerick and Dublin.

Rapid assessment clinics to support the catchment population of the Mater hospital.

Expansion of the GP out of hours services in North Dublin.

In drawing up its Capital Plan the Health Service Executive is required to prioritise the capital infrastructure projects to be progressed within its overall capital funding allocation under the National Development Plan 2007-2013, taking account of the NDP targets for division of capital investment between the Acute and Primary, Community & Continuing Care pillars. The HSE has submitted a draft Capital Plan to my Department, including provision for A & E developments, for consideration and approval in the normal way. The draft plan sets out the HSE's proposed short and longer term priorities and commitments. Consultation on the plan is ongoing between the HSE, the Department of Finance and my Department. The HSE has undertaken to provide additional clarification on its proposed capital developments and is currently engaged in this process.

Hospital Services.

Bernard Allen

Ceist:

226 Deputy Bernard Allen asked the Minister for Health and Children if her Department audits the level of private practice in all specialties in public hospitals; and if it is done on a consultant basis. [14226/08]

The provision of private care in public acute hospitals is a long standing feature of the Irish healthcare system. Over 2,500 beds in public hospitals are designated as private and semi-private. A ratio of 80:20 public/private applies on average across the entire acute system. The percentage of beds designated as private varies between individual hospitals; for example, there is a higher ratio of private beds in maternity and paediatric hospitals and a lower ratio in other hospitals.

I am concerned that there are instances where the ratio of private work has far exceeded the stated bed designation. This is a matter which is central to this Government's reform programme, in particular in relation to a new hospital consultants' contract. The day to day management and monitoring of the public/private mix in acute hospitals is a matter for the Health Service Executive.

Question No. 227 answered with Question No. 215.

National Treatment Purchase Fund.

Bernard Allen

Ceist:

228 Deputy Bernard Allen asked the Minister for Health and Children if she audits the National Treatment Purchase Fund referrals; and, if so, if she proposes to publish the outcomes of the patients it refers. [14228/08]

I am satisfied that adequate audit mechanisms exist in relation to the National Treatment Purchase Fund (NTPF). Since its establishment, a pattern of regular meetings with my officials together with contacts, on an almost daily basis, have been the norm. The NTPF is required to present me with an annual report of its activities. This it has done every year. The report includes an account of its performance against the service plan which is agreed annually with my Department. As a matter of course, the operation of the NTPF is audited annually by the Comptroller and Auditor General and the results are published. Other reports on the various aspects of NTPF activity such as the Out-Patient initiative and the Patient Treatment Register are reported on and published at regular intervals throughout the year. The PTR report in particular, includes an amount of statistical analytical information. The NTPF also makes detailed information available on its two websites — NTPF.ie and PTR.ie.

Vaccination Programme.

Bernard Allen

Ceist:

229 Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on recent comments made in a publication (details supplied) that shortages of the BCG vaccine since October 2007 have left many children at risk of tuberculosis; and if she will direct the Health Service Executive to review the national TB services as a matter of urgency. [14229/08]

I understand from the Health Service Executive (HSE) that, owing to regulatory difficulties experienced by the manufacturer of the BCG vaccine, there was a shortage of the vaccine from late 2007. This was a Europe-wide problem as the manufacturer in question is the only company which supplies the vaccine to the European Market. Unfortunately, it is not possible to stockpile the vaccine as it has a very short shelf life. These difficulties have now been resolved and new stocks of licensed vaccine are now available.

I understand from the HSE that clinics have now resumed and that parents of any baby who has not received BCG vaccine will be contacted by their Local Health Office with an appointment to receive the vaccine. Current strategy in relation to the prevention and treatment of Tuberculosis is guided by the recommendations of the "Report of the Working Group on Tuberculosis" (1996). It covers a wide range of issues including epidemiology, surveillance, screening, preventative therapy, clinical management and laboratory diagnosis. A review of Tuberculosis Services has been instigated by the HSE and is ongoing.

Infectious Diseases.

Bernard Allen

Ceist:

230 Deputy Bernard Allen asked the Minister for Health and Children the number of cases of tuberculosis reported here from 2002 to 2007 inclusive and to date in 2008. [14230/08]

The Health Protection Surveillance Centre (HPSC) monitors rates of TB in Ireland on an on-going basis. According to data provided by the HPSC, TB notifications in Ireland between 2002 and 2007 were as shown in the following table.

Year

Number of cases

2002

408

2003

407

2004

432

2005

450

2006 (Provisional)

458

2007(Provisional)

474

Information in respect of 2008 to date, is not available as yet.

General Medical Services Scheme.

Bernard Allen

Ceist:

231 Deputy Bernard Allen asked the Minister for Health and Children if she is planning to deregulate general practitioner GMS lists before the end of 2008; and the rationale behind those plans. [14231/08]

Under the Health Act, 2004, the Health Service Executive (HSE) has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for arrangements to ensure appropriate service delivery for General Medical Services (GMS) Scheme (medical card and GP visit card) patients.

Services under the GMS Scheme are provided by general practitioners (GPs) holding contracts with the HSE. The terms of these contracts were agreed on foot of negotiations with the Irish Medical Organisation (IMO). Under the terms agreed, contracts are made available where the HSE decides, after consultation with the IMO, that there is a need for a service having regard to a range of factors, including whether the needs of the population in the area are met by the services already available. The agreement also provides that the number of persons on a GP's patient panel may not exceed 2,000, save in exceptional circumstances. Not all GPs hold GMS contracts, as they may not qualify or wish to provide services under the Scheme. The arrangements for the provision of publicly funded GP services, including those provided under the GMS Scheme, are under review. I regard the existing arrangements in relation to access by GPs to public contracts as unnecessarily restrictive and it is my wish that new contractual arrangements for the provision of publicly-funded GP services should ensure that HSE contracts are open to all suitably qualified and equipped doctors.

Medical Cards.

John McGuinness

Ceist:

232 Deputy John McGuinness asked the Minister for Health and Children if a medical card will be issued on medical grounds to a person (details supplied) in County Kilkenny. [14249/08]

Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. 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 did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP. The assessment of eligibility for medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged 70 and over, who have an automatic statutory entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold.

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 Services.

Billy Timmins

Ceist:

233 Deputy Billy Timmins asked the Minister for Health and Children the position in relation to the dentist in Baltinglass Hospital who was attending on two days per week but whose attendance has been reduced to one day a week; if two days a week will be reinstated as a matter of urgency in view of the large area using this service; and if she will make a statement on the matter. [14250/08]

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

Health Service Staff.

Bernard Allen

Ceist:

234 Deputy Bernard Allen asked the Minister for Health and Children the discussions that have taken place with the Irish Medical Organisation with regard to future initiatives on nurses prescribing. [14256/08]

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. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Nursing Home Subventions.

Ned O'Keeffe

Ceist:

235 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will assist in having a nursing home subvention application prioritised for a person (details supplied) in County Cork. [14257/08]

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.

Medical Aids and Appliances.

Ned O'Keeffe

Ceist:

236 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will arrange to have a motorised wheelchair provided to a person (details supplied) in County Cork. [14259/08]

The Deputy's question relates to the management and delivery of health and personal 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.

Nursing Home Subventions.

Seymour Crawford

Ceist:

237 Deputy Seymour Crawford asked the Minister for Health and Children if the Health Service Executive is taking the same action towards senior management salaries as they are doing towards subvention for the elderly that is freezing the allowance to 2007 costs; if she condones the HSE’s failure to support the most vulnerable people; and if she will make a statement on the matter. [14260/08]

The Nursing Home Subvention Scheme was introduced in 1993 to assist with the cost of private nursing home fees. A subvention may be paid where a person has been assessed as needing nursing home care by the Health Service Executive and where the person has satisfied a means test. Since the 1st January 2007 there are no longer three separate rates for subvention. Persons who apply may receive any amount up to a maximum of €300 per week.

An enhanced subvention contribution, which is an additional discretionary contribution, may be paid by the HSE in addition to basic subvention. These discretionary contributions are subject to the limit of the resources available for the scheme.

There is no set amount of enhanced subvention contribution. The amount payable in each individual case will vary depending on the following criteria: the assessed means of the applicant; the cost of care in the individual case compared to the level of fees in the locality; the amount of basic subvention payable; the amount of resources available for the scheme; the need for the HSE to ensure that the available resources are distributed in a way that supports applicants as evenly as possible across the country. Guidelines on the operation of the nursing home subvention scheme are available on the HSE website at www.hse.ie.

The choice of private nursing home is a matter for the applicant and/or their representatives. The HSE pays the approved subvention to the nursing home of the applicant's choice and the payment of the balance of the nursing home fee is a matter between the applicant and the nursing home under the contract of care agreed between these parties.

As the Deputy is aware funding for health services has been provided as part of the Executive's overall vote for health and personal social services in 2008. The allocation of resources is a matter for the Executive in accordance with the overall priorities for particular services as set out in its Service Plan.

With regard to the payment of salaries within the HSE, under Section 22 of the Health Act 2004, the Executive determines the terms and conditions, including remuneration and allowances, of its employees, with the Minister's approval which is given with the consent of the Minister for Finance.

The rates of remuneration to the senior management posts within the Health Sector recently underwent a rigorous, independent evaluation by the Review Body on Higher Remuneration in the Public Sector, whose report (Report No. 42) was published by the Government on 25 October 2007. Pay increases, will be implemented in relation to the relevant Health Sector grades, in line with the recommendations of the Review Body.

Hospital Services.

Seymour Crawford

Ceist:

238 Deputy Seymour Crawford asked the Minister for Health and Children the number of hours per week the theatre in Monaghan General Hospital is in use; if she is satisfied that the theatre which cost so much and which is in such perfect repair should be under utilised while the Health Service Executive and the Government pay large sums of money to private hospitals in Mullingar and Galway to treat County Monaghan patients; and if she will make a statement on the matter. [14261/08]

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 issue 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.

Proposed Legislation.

Bernard Allen

Ceist:

239 Deputy Bernard Allen asked the Minister for Health and Children when the remaining sections of the Public Health Tobacco Act 2002 will be implemented and specifically legislation covering in store advertising. [14264/08]

I will be making an announcement shortly in relation to the commencement date.

Services for People with Disabilities.

Seán Ó Fearghaíl

Ceist:

240 Deputy Seán Ó Fearghaíl asked the Minister for Health and Children the reason a child (details supplied) in County Kildare, one of three autistic children enrolled in the same school at the same time, has yet to receive speech and language therapy; her views on whether it is acceptable that this child is failing to receive a service in view of their address; her further views on whether the creation of the Health Service Executive was intended to end such anomalies; and if she will make a statement on the matter. [14269/08]

As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional €75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements.

The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further €50m investment which was announced in the 2008 Budget. The Deputy's specific question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Child Care Services.

John Deasy

Ceist:

241 Deputy John Deasy asked the Minister for Health and Children the capital and other funding available to Montessori schools from her Department; the way such funding is allocated and distributed; and if she will make a statement on the matter. [14274/08]

As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme 2006-2010 (NCIP), which will invest €575 million over 5 years, with €358 million of this in capital grant aid for child care services.

The NCIP came into effect in January 2006, and aims to provide a proactive response to the development of quality child care supports and services, which are grounded in an understanding of local needs. It is building on the success of the Equal Opportunities Childcare Programme 2000-2006 (EOCP) and incorporates among its key objectives: increasing the supply and improving the quality of early childhood care and education services. Services eligible for support include those providing care for babies, full-day care, part-time, sessional playschool, Montessori and other pre-school places, school age child care including "wrap around" child care places, and childminding. Special consideration is given to supporting services which provide a range of these services.

Eligibility for capital grant funding under the NCIP is assessed under a number of criteria; chiefly the nature and extent of the need locally for the service proposed, the applicant's capacity to deliver the project proposed and value for money. To comply with the criteria, services, including playschool, Montessori and other pre-school services, are expected to operate for minimum periods per day. All proposals are expected to demonstrate how they will increase the supply of quality child care and community-based projects are expected to demonstrate a focus on disadvantage. The maximum capital grants available under the scheme for the building or expansion of child care facilities are €1.2 million per facility for community-based not for profit providers and €100,000 per facility for private providers (subject to a maximum of 75% of the total cost) and a maximum of €500,000 for multiple services in different catchment areas. In addition, a small grant scheme is available for Parent and Toddler Groups.

Applicants for capital funding under the NCIP first apply through their local City or County Childcare Committee (CCC), whose role it is to identify gaps in child care provision in their respective areas and to assist applicants to develop proposals to fill identified local needs. Capital funding under the NCIP is subject to the rules governing capital expenditure and the multi-annual investment framework, which are conditions of the sanction given by the Department of Finance each year for capital expenditure. To accord with these rules, the amount of capital available for allocation under the NCIP on the basis of portfolios submitted by CCCs in 2008, is expected to be in the region of €120 million. Each CCC has been allocated a portion of this figure, as an indicative budget for this year, which was calculated with reference to a number of factors, including the level of capital grant aid approved in the respective areas to date, the amount of capital grant aid remaining to be allocated under the NCIP and the child populations in the areas covered by the Committee in question. Where this resulted in a figure below €1.5 million, the figure was increased to this amount. In terms of projects being developed by each Committee, they are expected to prioritise these in the context of the funding available to their area.

Hospitals Building Programme.

John Deasy

Ceist:

242 Deputy John Deasy asked the Minister for Health and Children if the Health Service Executive has requested capital funding for the construction of a specialist cancer unit at Waterford Regional Hospital; when such funding will be made available; and if she will make a statement on the matter. [14275/08]

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

John Deasy

Ceist:

243 Deputy John Deasy asked the Minister for Health and Children if the Health Service Executive has requested capital funding for an extension to the accident and emergency unit at Waterford Regional Hospital; when such funding will be made available; and if she will make a statement on the matter. [14276/08]

The Government's sustained high level of investment in healthcare has enabled the completion and commissioning of numerous new facilities in both the acute and the non-acute sectors. This year, overall capital funding of approximately €594m has been provided to the Health Service Executive.

In drawing up its Capital Plan the Health Service Executive is required to prioritise the capital infrastructure projects to be progressed within its overall capital funding allocation under the National Development Plan 2007-2013, taking account of the NDP targets for division of capital investment between the Acute and Primary, Community & Continuing Care pillars. The HSE has submitted a draft Capital Plan to my Department for consideration and approval in the normal way which sets out the HSE's proposed short and longer term priorities and commitments. Consultation on this draft Capital Plan is ongoing between the HSE, the Department of Finance and my Department. The HSE has undertaken to provide additional clarification on its proposed capital developments and is currently engaged in this process.

Health Services.

Aengus Ó Snodaigh

Ceist:

244 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if the primary care centre promised for Letterkenny will be purpose built on its own site, or if the Health Service Executive will enter a leasing arrangement with a local developer; if the latter is the case what the lease will entail; and the amount it will cost to the HSE per year. [14290/08]

The provision of the appropriate infrastructure to facilitate the delivery of primary care services is the responsibility of the Health Service Executive. In December 2007 the HSE sought expressions of interest from the private sector for the provision of the Primary Care Team infrastructure, with the HSE proposing to enter into fixed term leases with such providers. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matters raised by the Deputy investigated and to have a reply issued directly to the Deputy.

Hospital Waiting Lists.

Christy O'Sullivan

Ceist:

245 Deputy Christy O’Sullivan asked the Minister for Health and Children the position as regards bed availability for those people awaiting procedures in Cork University Hospital. [14306/08]

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 issue 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.

Palliative Care Services.

Jan O'Sullivan

Ceist:

246 Deputy Jan O’Sullivan asked the Minister for Health and Children if the terms of reference of Professor Tom Keane include the provision of palliative care across the country; and if she will make a statement on the matter. [14403/08]

The ‘Strategy for Cancer Control, 2006' makes recommendations in relation to organisation, governance, quality assurance and accreditation across the continuum of cancer care from prevention and health promotion through to treatment services, palliative care and research. Prof Tom Keane was appointed on an interim basis for two years to lead and manage the HSE National Cancer Control Programme. Prof Keane's role is to establish the Programme and set out its priorities. This includes the establishment of four managed cancer control networks. Through these networks the integration of palliative care with other aspects of the programme will be ensured. Under the Programme for Government, the Government has committed to removing the regional disparities in the provision and funding of palliative care, and to ensuring that the needs of all those who require palliative care are met.

The HSE is continuing to work on implementing the Report of the National Advisory Committee on Palliative Care (2001) and is now developing a five year implementation framework, in consultation with the Irish Association for Palliative Care, the Irish Hospice Foundation and the Irish Cancer Society. Work is ongoing on the development of this plan and good progress has been made to-date. Since 2006 additional funding totalling €21m was provided by the Government. This allowed for enhanced service provision covering for example, multi-disciplinary teams; specialist palliative care beds; home care; day care; acute palliative care services, etc. Particular emphasis is being placed by the HSE on addressing parts of the country where services need most improvement.

Services for People with Disabilities.

Alan Shatter

Ceist:

247 Deputy Alan Shatter asked the Minister for Health and Children when the Health Service Executive will publish its formal guidance document on residential facilities for adults with a disability; when quality and safety measures will be included in contractual arrangements between the HSE and agencies that provide a disability service; and if she will make a statement on the matter. [14412/08]

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

Hospital Services.

Fergus O'Dowd

Ceist:

248 Deputy Fergus O’Dowd asked the Minister for Health and Children the number of outpatients and accident and emergency attendees for each acute hospital in the north east for each year since 2000 to date in 2008; the county of origin of each such patient; and if she will make a statement on the matter. [14417/08]

The number of outpatients and accident and emergency attendances for the years 2000 to 2005, for each hospital in the Health Service Executive North East is set out in the attached table. My Department does not routinely hold data relating to the county of origin of patients. Figures for 2006 and subsequent years have been collected by the HSE. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this additional information collated and to have a reply issued directly to the Deputy.

Hospitals Building Programme.

Fergus O'Dowd

Ceist:

249 Deputy Fergus O’Dowd asked the Minister for Health and Children if she will make a statement on the proposed new regional hospital for the Dublin north east Health Service Executive area. [14418/08]

Fergus O'Dowd

Ceist:

250 Deputy Fergus O’Dowd asked the Minister for Health and Children if her Department received advanced draft copies, or advanced notice of the recent report into the proposed new regional hospital for the Dublin north east area; and if she will make a statement on the matter. [14419/08]

I propose to take Questions Nos. 249 and 250 together.

No decision has been taken by the Government or by the Health Service Executive on the location of a new Regional Hospital in the North East. The HSE has recently received the report of a consultancy firm, which it commissioned to carry out an independent study on a possible location for the new Regional Hospital. The study took account of various criteria including demographics, access, planning and development considerations and interdependencies. I have received a briefing from the HSE and the consultants who prepared the report on the key findings of the study. I understand that the report was considered by the Board of the HSE at its meeting last week and that the contents were noted.

Hospital Services.

Jan O'Sullivan

Ceist:

251 Deputy Jan O’Sullivan asked the Minister for Health and Children if her attention has been drawn to the fact that there is an eight year waiting list for the dermatology outpatients clinic in the Mid-West Regional Hospital with 2,300 people on the list and that the list is closed to new patients except those with very serious conditions; the action she will take to address this issue; and if she will make a statement on the matter. [14421/08]

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 issue 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.

Jan O'Sullivan

Ceist:

252 Deputy Jan O’Sullivan asked the Minister for Health and Children the action being taken to reduce the ENT waiting lists in the south east; when full clinical facilities will be provided in order that the recently appointed locum consultant can perform their functions; and if she will make a statement on the matter. [14422/08]

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 issue 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.

Nursing Homes Repayment Scheme.

Michael Ring

Ceist:

253 Deputy Michael Ring asked the Minister for Health and Children if a person (details supplied) in County Mayo received payment under the health repayment scheme. [14424/08]

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.

Brendan Howlin

Ceist:

254 Deputy Brendan Howlin asked the Minister for Health and Children the measures being taken to ensure that the youth homelessness strategy is being implemented in County Wexford; and if she will make a statement on the matter. [14426/08]

The Deputy's question relates to the management and delivery of health and social services which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Office 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.

Community Pharmacy Services.

Michael Creed

Ceist:

255 Deputy Michael Creed asked the Minister for Health and Children the contingency plans in place by her Department and the Health Service Executive to deal with the probability that pharmacists will withdraw from the community drug scheme; and if she will make a statement on the matter. [14472/08]

I have been informed by the HSE that it has, to date, received notification from 360 community pharmacy contractors indicating their intention to either cease providing services from 1st May 2008, or otherwise reserving their right to do so. Community pharmacy contractors are required under the terms of their contract to give three months notice of their intention to withdraw. The HSE has written to each of the 360 contractors, seeking formal confirmation of their intentions and pointing out that 3 months notice of cessation of service is required. At this point in time, only two contractors have actually given formal notification of termination in accordance with the requirements in the contract.

The HSE has developed a national contingency planning framework which will inform and provide direction to local operational management for the development of local area — specific contingency plans. As service provision, geographical and demographic circumstances will vary from area to area, each local health area is developing its own area - specific contingency plan within the context of the overall national framework. I believe that threats of withdrawal from the community pharmacy contract are unjustified and are not in anyone's interest. There is no need to bring patients into a dispute between the pharmacists and the HSE. There can be no grounds for causing upset or anxiety about the supply of prescriptions to patients.

Health Services.

Charles Flanagan

Ceist:

256 Deputy Charles Flanagan asked the Minister for Health and Children if her attention has been drawn to the fact that the Health Service Executive operated drug treatment clinic at Portlaoise, County Laois is not fully operational despite the significant problem with heroin abuse in particular in the area; and if she will make a statement on the matter. [14473/08]

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.

Care of the Elderly.

Mary Upton

Ceist:

257 Deputy Mary Upton asked the Minister for Health and Children the number of respite beds that have been or are about to be closed throughout the country arising from budget constraints; the number of patients who will be affected by these cuts; her plans to reopen this service; and if she will make a statement on the matter. [14476/08]

Arising from Budget 2008, a full year package of €22m has been allocated for new services in the area of older people. This therefore gives a total of over €422m for new services for older people over the last three years. These measures have been designed to both enhance existing services that the Government had already put in place, and also to widen the range of services available to older people.

In this context, over €16m has been provided in the last three years for new Day/Respite Care services. The recent Budget will allow an additional 1,245 clients nationally to avail of new Respite places and brings the total projected Day Care provision by the Health Service Executive to around 21,300 places by the end of this year.

The HSE has committed through its National Service Plan 2008 to deliver services within its Vote provided by the Oireachtas. It will manage the provision of respite care beds within this context and also recognising the priority the Government and the Executive have given to services for older people.

There is no doubt that demand can at times exceed service resources and that this problem can manifest itself in particular at local level. It is a matter for the Executive to manage service delivery, both nationally and locally, within its budget and in line with overall health policy priorities. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the HSE to arrange to have the matter investigated in detail and to have a reply issued directly to the Deputy.

Health Services.

Leo Varadkar

Ceist:

258 Deputy Leo Varadkar asked the Minister for Health and Children if she is satisfied with the fact that ophthalmology and dental services are not available to asylum seekers until they receive a medical card; and if she will make a statement on the matter. [14493/08]

The arrangements in place regarding eligibility for public health services are not subject to residency and means criteria as asylum seekers may avail of public health services on the same basis as medical card holders, while awaiting a decision on their application to remain in the State. Asylum seekers are given medical cards for the period during which their application for refugee status is being considered. If refugee status is subsequently granted, then they are regarded as ordinarily resident and come under the usual rules for entitlement to health services.

Medical Cards.

Leo Varadkar

Ceist:

259 Deputy Leo Varadkar asked the Minister for Health and Children the stage at which an asylum seeker becomes eligible for a medical card; and if she will make a statement on the matter. [14503/08]

The healthcare of asylum seekers is provided by the Health Service Executive in the context of general arrangements governing eligibility for public health services. The arrangements in place are not subject to residency and means criteria and such persons may avail of public health services on the same basis as medical card holders, while awaiting a decision on an application to remain in this country. Asylum seekers are given medical cards for the period during which their application for refugee status is being considered. If refugee status is granted, then they are regarded as ordinarily resident and come under the usual rules for entitlement to health services.

Aengus Ó Snodaigh

Ceist:

260 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the reason a person (details supplied) in Dublin 20 was refused a medical card; and if their application will be re-examined to allow a medical card to be issued. [14506/08]

Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. 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 did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP.

The assessment of eligibility for medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged 70 and over, who have an automatic statutory entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold.

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.

Cosmetic Surgery Clinics.

John Perry

Ceist:

261 Deputy John Perry asked the Minister for Health and Children the plans in place to introduce legislation governing the regulation of private plastic surgery clinics here; the regulations that exist currently for persons who operate this profession here; the ISO standard requirements for cosmetic surgery facilities; and if she will make a statement on the matter. [14509/08]

John Perry

Ceist:

262 Deputy John Perry asked the Minister for Health and Children the plans in place to ensure patient welfare and safety with respect to new entrants into the private cosmetic surgery industry; and if she will make a statement on the matter. [14510/08]

John Perry

Ceist:

263 Deputy John Perry asked the Minister for Health and Children the role the Health Information and Quality Authority will play in the assessment and regulation of private cosmetic surgery clinics; and if she will make a statement on the matter. [14511/08]

I propose to take Questions Nos. 261 to 263, inclusive, together.

Under the Medical Practitioners Act 1978, the Medical Council is charged with responsibility for the registration of medical practitioners and the regulation of their activities. The Medical Practitioners Act 2007 provides for a clear compulsory requirement for registration of all medical practitioners, changes to the Fitness to Practise process and the introduction of a mandatory scheme for the maintenance of professional competence. These and other new provisions of the Act will afford greater protection to the public. There is, however, currently no regulatory framework governing the operation of private cosmetic surgery clinics beyond the registration and regulation of the medical practitioners concerned.

A core function of the Health Information and Quality Authority (HIQA) is to set standards on safety and quality of health services and to monitor enforcement of those standards in an open and transparent way. The Health Act 2007 currently gives HIQA strong powers in this area in relation to services provided by the Health Service Executive (HSE) and bodies funded by the HSE to provide services on their behalf. The process by which such a regulatory regime is introduced first in the public sector is a feature of similar developments in other jurisdictions. The extension of this type of monitoring and control to the private sector would involve further legislation of a complex nature.

However, the Commission on Patient Safety and Quality Assurance was established last year to develop proposals for a health service wide system of governance based on corporate accountability for the quality and safety of all health services. One of its terms of reference is to specifically examine and make recommendations in relation to a statutory system of licensing for public and private health care providers and services. I understand that the Irish Association of Plastic Surgeons made a submission to the Commission. The Commission is due to report by July this year.

Medicinal Products.

Ciaran Lynch

Ceist:

264 Deputy Ciarán Lynch asked the Minister for Health and Children the present legalisation and licensing system governing the importation, processing retailing and distribution of St John’s Worth; if licences have been granted for same; and if so, to what companies and when; and if she will make a statement on the matter. [14520/08]

St. John's Wort for oral use is subject to prescription control under the Medicinal Products (Prescription and Control of Supply) Regulations. There is an exemption for the topical formulation which permits such products to be sold in pharmacies without a prescription. The Irish Medicines Board (IMB) has received no licence applications for St John's Wort and there are no products authorized by the IMB.

Irish Medicines Board.

Ciaran Lynch

Ceist:

265 Deputy Ciarán Lynch asked the Minister for Health and Children the terms of reference for the Irish Medicines Board; the way members are appointed; the persons who are the appointed members and when they were appointed; if there is a fixed period of service; if there is a payment or expense granted to board members; the way the board is funded; the extent of this funding; and if she will make a statement on the matter. [14521/08]

The Members of the Irish Medicines Board are appointed by myself for a fixed period of five years, which may be renewed. I have sent details of members and their appointment dates to the Deputy. The functions of the Board are set out in the Irish Medicines Board Act 1995, as amended. Board members may be paid travelling and subsistence expenses in accordance with Department of Finance rules. The Chair of the Board receives a payment as sanctioned by that Department. The Board is funded partly by my Department, partly through the payment of fees in relation to the grant or renewal of licences and partly through the charging of fees in consideration of the performance by it of its functions. My Department provided funding of €4,924,000 for 2007.

Accident and Emergency Services.

Deirdre Clune

Ceist:

266 Deputy Deirdre Clune asked the Minister for Health and Children if her attention has been drawn to he fact that a new accident and emergency unit at the Mercy Hospital, Cork is not operational; when she expects it will be operational; and if she will make a statement on the matter. [14527/08]

The Deputy will be aware that the Health Act 2004 provided for the Health Service Executive (HSE) to have the responsibility to manage and deliver, or arrange to have delivered on its behalf, health and personal social services. This includes responsibility for the provision of services at the Mercy University Hospital, Cork.

Improving the delivery of Accident and Emergency services continues to be a top priority for the Government and the Health Service Executive. There are three Accident and Emergency Departments in Cork City. These are located at Cork University Hospital, the Mercy University Hospital, and the South Infirmary Victoria University Hospital. These units are cross-covered by a team of Consultants in Emergency Medicine.

Funding of €4.7m for the provision of a new Accident and Emergency Department at the Mercy University Hospital was included in the HSE's Capital Plan 2006-2010. Building work on the new Accident and Emergency Department was completed on schedule in January 2007. The work of equipping and commissioning the new facility was completed at the end of October 2007.

The HSE has informed my Department that there are currently 46 staff assigned to the existing A&E Department at an annual cost of approximately €2.5m. The staff complement includes the equivalent of 18 full time nurses, 1 full time Consultant in Emergency Medicine, 2 Registrars and 7 Senior House Officers. The working of the existing Department is underpinned by close working relationships with physiotherapists, a social worker, an occupational therapist, radiographer, pharmacist, psychiatry and other support services, including chaplains, security and housekeeping staff.

The original approval for the project included an additional revenue allocation of €0.40m. I understand that in January 2007, the Mercy University Hospital submitted an application to the HSE's National Hospitals Office for an additional 24.5 full time staff for the new unit, at a cost of almost €1.5m. This would represent a very substantial increase in staffing over the current complement.

In December 2007, in an effort to advance the issue, both sides agreed to an evaluation of the staffing requirement for the new facility. I understand that this process will be concluded shortly. On Monday 14th April the Mercy University Hospital indicated that it proposed to bring the new Accident and Emergency Department in the Hospital into operation on a limited basis, beginning in June 2008. The HSE and Mercy University Hospital are engaged in on-going discussions regarding the opening of the A&E Department and related issues.

Departmental Funding.

Joe Carey

Ceist:

267 Deputy Joe Carey asked the Minister for Health and Children the amount of funding given by her Department or the Health Service Executive for the years 2004, 2005, 2006 and 2007 to an institute (details supplied); and if she will make a statement on the matter. [14539/08]

The National Breast Cancer Research Institute (NBCRI) is a voluntary based charity located at the Clinical Science Institute, University College Hospital Galway. Funding for cancer research is provided by my Department to the Health Research Board (HRB). The statutory functions of the HRB are to promote, conduct, fund and commission medical, epidemiological and health services research in Ireland. The HRB has advised my Department that funding of over €2.6m has been provided to the National University of Ireland Galway (Department of Surgery) and University College Hospital Galway from 2004 to 2007. A significant proportion of this funding relates to breast cancer research and clinical trials for breast cancer.

HRB records of research grants do not include a specific grant to the NBCRI. However, a number of individuals associated with the NBCRI are in receipt of grants. The HRB has also informed my Department that the new Clinical Research Facility, which will be built as an annex to the existing University College Hospital Galway, will provide significant research benefits, including cancer research. The new facility will support a much greater volume of clinical studies in cancer, going well beyond the clinical trials already well established and bringing patient centred research to a new level. The funding associated with the new facility is €20m which is being funded by the HRB and the Health Service Executive. It is anticipated that the facility will be completed next year.

Community Pharmacy Services.

Michael Creed

Ceist:

268 Deputy Michael Creed asked the Minister for Health and Children if her Department has considered the impact on rural pharmacies of the 8% cut in payment to pharmacists under the community drug schemes; her views on whether small rural pharmacies do not get 8% discounts from their wholesaler and the way she can guarantee continuity of supply to patients of their medicines under the community drug schemes in areas which may be left without a local community pharmacist arising from the changes imposed by the Health Service Executive and supported by her Department; and if she will make a statement on the matter. [14548/08]

The Health Service Executive (HSE) have been reviewing the pharmaceutical supply chain, with a view to seeking value for money in the State's drugs bill, in order to better fund existing and innovative therapies without compromising patient safety or continuity of supply. Following the completion of a consultation process, and informed by the independent economic analysis carried out by Indecon Economic Consultants, new reimbursement arrangements for wholesale supply were announced by the HSE on 17th September 2007. The report by Indecon was published by the HSE on 13 November 2007. All aspects of the Indecon report were considered by the HSE in making its determination.

The existing wholesale mark-up in the range of 15% to 17.6% is neither reasonable nor sustainable. The Government supports the HSE's decision to pay an 8% mark-up from 1 March, and 7% from 1 January 2009 which will be applied by reducing the reimbursement price paid to community pharmacy contractors from those dates. In response to demands from community pharmacists to address the alleged impact of the new wholesale pricing arrangements, the HSE has offered a voluntary interim contract with a flat rate dispensing fee of not less than €5 for all dispensing under the GMS and community drugs schemes.

I have also established an Independent Body to assess an interim, fair community pharmacy dispensing fee to be paid for the medical card scheme, the DPS and other community drug schemes. This Body is being chaired by Mr Sean Dorgan, former Head of IDA Ireland. It has been asked to make its recommendations by the end of May 2008.

Both the HSE as the contracting body and the IPU as the representative organisation for community pharmacists, along with other stakeholders, will be entitled to make submissions to the Independent Body.

Based on its consideration of submissions received and its own independent evaluation, the body will recommend an appropriate dispensing fee that would, in its view, represent a fair and reasonable price to be paid for the pharmaceutical service currently being provided by community pharmacists to the HSE under the GMS and community drug schemes. If approved by Government, it will be backdated to the date from which any individual community pharmacist may choose to avail of the HSE's offer. Accordingly, each pharmacist will have three options: to avail of the interim contract as outlined by the HSE letter of 2 January 2008 immediately; to accept the interim contract upon the report of the Independent Body; or to stay with the existing retail fee structure until the agreement of a substantive new contract.

I believe that threats of withdrawal from the community pharmacy contract are unjustified and are not in anyone's interest. There is no need to bring patients into a dispute between the pharmacists and the HSE. There can be no grounds for causing upset or anxiety about the supply of prescriptions to patients.

Hospitals Building Programme.

Brian Hayes

Ceist:

269 Deputy Brian Hayes asked the Minister for Health and Children the latest costing associated with the proposed new national paediatric hospital; the proposed costing for the four satellite units; and if funding for this entire infrastructural package for paediatric services in Dublin and for a new national service can now be drawn down; and if she will make a statement on the matter. [14557/08]

The National Paediatric Hospital Development Board has responsibility for planning, designing, building, furnishing and equipping the new national paediatric hospital. The Health Service Executive is working closely with the Development Board in progressing the project. My Department has asked the HSE to have a reply issued directly to the Deputy on the specific issues raised.

Health Service Inquiry.

David Stanton

Ceist:

270 Deputy David Stanton asked the Minister for Health and Children when she expects the Health Service Executive inquiry which is being held into the circumstances surrounding the death of a person (details supplied) in County Cork in June 2006 to be finalised; when the report will be published; and if she will make a statement on the matter. [14564/08]

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. The Executive, therefore, is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Services.

Jan O'Sullivan

Ceist:

271 Deputy Jan O’Sullivan asked the Minister for Health and Children the progress made in providing extra kidney dialysis facilities for the mid-west region; if planning permission has been procured for the proposed new unit; the estimated timeframe for when it will be operational; and if she will make a statement on the matter. [14584/08]

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 particular issue 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.

Palliative Care Services.

Andrew Doyle

Ceist:

272 Deputy Andrew Doyle asked the Minister for Health and Children the action being taken to ensure that a palliative care service exists in County Wicklow. [14586/08]

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Consultancy Contracts.

Andrew Doyle

Ceist:

273 Deputy Andrew Doyle asked the Minister for Health and Children the budget for consultancy services with a firm (details supplied) on integration of the health services; the brief given to the consultants; and when the report is due. [14587/08]

The Health Service Executive has commissioned the firm of management consultants referred to by the Deputy to undertake a review of the Executive's management structures and delivery systems. I understand that the review is still ongoing.

The cost for the consultancy service and the brief given to the consultants is a matter for the Health Service Executive and I have forwarded your question to the Executive for direct reply.

Health Services.

Ned O'Keeffe

Ceist:

274 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will arrange to have respite care approved in respect of a child (details supplied) in County Cork; and if her attention has been drawn to the fact that the Health Service Executive has refused the application despite the fact that the person is deserving and a single parent. [14593/08]

As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional €75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements.

The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further €50m investment which was announced in the 2008 Budget.

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

Hospital Accommodation.

Dan Neville

Ceist:

275 Deputy Dan Neville asked the Minister for Health and Children the number of inpatient psychiatric hospital beds in each year from 2000 to date in 2008. [14607/08]

The number of in-patient psychiatric hospital beds for the years 2000 to 2006 is set out in the following table. The figures for 2007 and to date in 2008 are not yet available.

Year

No of Beds

2000

4,747

2001

4,947

2002

4,554

2003

4,334

2004

4,121

2005

3,975

2006

3,897

Source: 2000-2003, Health Research Board, Activities of Irish Psychiatric Services Reports 2000-2003.

Source: 2004-2006, Mental Health Commission Annual Reports 2004-2006.

In addition, there are over 3,000 residents living in community residential facilities.

Mental Health Services.

Dan Neville

Ceist:

276 Deputy Dan Neville asked the Minister for Health and Children if she will extend the remit of the Health Information and Quality Authority which was established under the Health Act 2007 to cater for the mental health services. [14602/08]

The Mental Health Commission is an independent statutory body established under the Mental Health Act 2001. The role of the Commission is to promote high standards in the delivery of mental health services and ensure the interests of those involuntarily admitted to Approved Centres are protected. The Inspectorate of Mental Health Services is an integral part of the Commission. I am satisfied that the Commission is the proper competent authority to oversee our mental health services.

Health Services.

Billy Timmins

Ceist:

277 Deputy Billy Timmins asked the Minister for Health and Children the position in relation to a person (details supplied) in County Wicklow; if the person will be seen as a matter of urgency; and if she will make a statement on the matter. [14578/08]

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 issue 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.

Child Care Services.

Jan O'Sullivan

Ceist:

278 Deputy Jan O’Sullivan asked the Minister for Health and Children if a child care facility that has closed down can be held to account for lapses of care while it was operational; and if she will make a statement on the matter. [14579/08]

Jan O'Sullivan

Ceist:

279 Deputy Jan O’Sullivan asked the Minister for Health and Children her views on strengthening regulations on child care to oblige a certificate of registration to be visibly displayed on the premises; and if she will make a statement on the matter. [14580/08]

Jan O'Sullivan

Ceist:

280 Deputy Jan O’Sullivan asked the Minister for Health and Children if the regulations governing child care providers allow for action to be taken against a provider who does not register despite minding a number of children that should oblige them to be registered; and if she will make a statement on the matter. [14581/08]

I propose to take Questions Nos. 278 to 280, inclusive, together.

Under the Health Acts, the Health Service Executive (HSE) has statutory responsibility for the implementation of the Child Care (Pre-School Services) (No. 2) Regulations 2006.

Where lapses of care have occurred while a pre-school service was operational but the service has subsequently closed, the response of the various regulatory and enforcement authorities will be determined by the nature of the lapse. For example in circumstances where a criminal matter is under investigation, it will be a matter for an Garda Síochána to determine. Where a breach of the Child Care (Pre-School Services) (No. 2) Regulations has occurred or been reported, it will be followed up on by the HSE Pre-School Inspectorate, depending upon the nature of the breach, if proceedings have already been initiated in the District Court.

Under Part VII of the Child Care Act 1991, which governs supervision of Pre School Services, the HSE has no powers of closure. In practice, therefore following an inspection of a child-care facility where there is grave and immediate danger to the health, safety and welfare of pre-school children, the service can be requested by the HSE to close voluntarily. This voluntary closure may be followed by legal action where deemed appropriate, in which case a fine of up to €1,000 on each proven offence may be imposed on the service provider. The presiding Judge may also, under Article 57 (2) of the Child Care Act, by order prohibit a service from operating for a period specified on the order. If the lapse concerns a child protection matter, it will be followed up on by the HSE child protection services.

The Child Care (Pre-School Services) (No. 2) Regulations, which were last updated in 2006 require that a person proposing to carry on a pre-school service gives notice in writing to the HSE at least 28 days before the commencement of the service. There is no requirement under the regulations to display this notification. A Child Care (Pre-School Services) Regulations Committee has been established by my Office to oversee their implementation and review where considered necessary or appropriate. The Committee will consider changes to the current Regulations in this context.

In instances where notification is not given to the HSE and the Executive becomes aware that a service is in operation, it is normal practice for the Pre-School Inspectorate to contact the service and request it to notify. Failure to do so would constitute a breach of the Regulations and the service provider may be prosecuted for operating a non-notified service.

Health Services.

Jan O'Sullivan

Ceist:

281 Deputy Jan O’Sullivan asked the Minister for Health and Children if there is legislation currently in place governing laser eye treatment in public and private facilities; if not, her views on such legislation; and if she will make a statement on the matter. [14582/08]

At present there is no legislation in Ireland governing laser eye treatment. However, the involvement of medical practitioners in this practice is subject to the provisions of the Medical Practitioners Act and the Medical Council's guidelines.

Cancer Screening Programme.

Jan O'Sullivan

Ceist:

282 Deputy Jan O’Sullivan asked the Minister for Health and Children if the cytology laboratories which will carry out testing for the roll-out of cervical cancer screening are all outside of Ireland; if laboratories here that are in the process of achieving accreditation will be included in the tendering process, subject to achieving accreditation, in order to protect competence, skills and jobs in this field here; and if she will make a statement on the matter. [14583/08]

The roll out of a national cervical screening programme is the most efficient population approach to preventing and controlling cervical cancer. The National Cancer Screening Service (NCSS) is planning to roll out such a programme on a national basis around the middle of this year. Women aged 25 to 44 years old will be screened every 3 years; women aged 45 to 60 will be screened every 5 years. The service will be available free of charge to eligible women everywhere in the country. Approximately 230,000 women will be screened annually, assuming an 80% take up by eligible women. 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.

Additional revenue funding of €5.0m was allocated to the NCSS in 2007 for the roll-out of the programme and an additional €15.0m has been allocated in 2008. An additional 30 posts have been approved to facilitate integration and roll-out of the programme.

The Deputy's specific questions in relation to cytology laboratories are the responsibility of the National Cancer Screening Service. Accordingly, my Department has requested the Chief Executive Officer of the Service to respond directly to the Deputy in relation to the matters raised.

Hospital Waiting Lists.

Dinny McGinley

Ceist:

283 Deputy Dinny McGinley asked the Minister for Health and Children when a person (details supplied) in County Donegal who is on a waiting list for a triple bypass and heart valve replacement will again be called to hospital. [14613/08]

Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Nursing Homes Repayment Scheme.

John Perry

Ceist:

284 Deputy John Perry asked the Minister for Health and Children if she will intercede with Health Service Executive officials to ensure that long-term stay patient repayments are made as soon as possible on behalf of a person (details supplied) in County Sligo; and if she will make a statement on the matter. [14629/08]

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 Service Staff.

John Deasy

Ceist:

285 Deputy John Deasy asked the Minister for Health and Children if her attention has been drawn to the fact that there has been a vacancy for a schools orthodontist in Dungarvan, County Waterford since January 2008 and that this situation is causing great concern to parents of pupils requiring orthodontic treatment; if she will convey this concern to the Health Service Executive; and if she will make a statement on the matter. [14631/08]

The Deputy's question relates to the funding, 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.

EU Directives.

John Deasy

Ceist:

286 Deputy John Deasy asked the Minister for Health and Children the way the food supplement Directive, 2002/46/EC, will be implemented; if she will prevent the sale of vitamins and supplements at dosages above the recommended daily allowance; her views on whether the RDA levels are guidelines only; and whether dosages above the RDA levels constitute a danger to a persons health; and if she will make a statement on the matter. [14632/08]

The Food Supplements Directive, 2002/46/EC, has been transposed into Irish law by Statutory Instrument No. 506 of 2007. That legislation is implemented by the Health Service Executive, under a Service Contract Agreement with the Food Safety Authority of Ireland (FSAI). This ensures that consumers in Ireland are protected by the harmonised EU rules on the sale of food supplements, in particular the labelling of food supplements and chemical form of vitamins and minerals they contain. Work is ongoing at European level on the development of a methodology under which maximum safe levels for vitamins and minerals in food supplements will be set.

I am advised by the FSAI that in general, healthy people obtain adequate levels of nutrients by eating a variety of foods in moderation rather than by taking added nutrients from supplements or in fortified foods. With the exception of vitamin A, it is almost impossible to over-consume vitamins and minerals from natural food sources. However, excessive intake of vitamins and minerals from supplements and fortified food sources can be a cause for concern if consumed in large quantities over a long period.

Examples of known adverse effects associated with over-consumption of some commonly taken vitamins and/or minerals include:

reduction in iron absorption as a result of ingesting calcium;

increase in the risk of cardiovascular disease and cancer as a result of excessive iron intake;

significant risk to unborn children of complications arising from vitamin A toxicity, where the mother ingests large doses of pre-formed vitamin A;

over-consumption of folic acid leading to masking of vitamin B12 deficiency-related anaemia in older people; and

a possibility of interactions between dietary supplements and prescription drugs and among several dietary supplements taken at the same time.

The FSAI has advised that the setting of recommended daily allowance (RDA) levels for vitamins and minerals based on the most recently available scientific evidence mean those international RDA levels represent optimal intake levels for up to 98% of the population. In addition to ensuring nutritional adequacy (and thereby preventing deficiency) such optimal levels are designed to protect against the development of chronic disease. While work on the further development of EU-wide standard RDA levels is awaited such international RDA levels can provide guidance for the setting of safe maximum levels for vitamins and minerals that are added to foods or available in supplements in the EU.

Hospital Waiting Lists.

John Cregan

Ceist:

287 Deputy John Cregan asked the Minister for Health and Children her plans to improve the present situation governing orthodontic treatment waiting lists in St. Camillus’ Hospital, Limerick, in view of the fact that a person (details supplied) in County Limerick has been on the waiting list since 2004 and has not received treatment; and if she will make a statement on the matter. [14634/08]

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

Hospital Staff.

James Bannon

Ceist:

288 Deputy James Bannon asked the Minister for Health and Children if non-Irish national nurses working in public hospitals are paid on the official pay scale agreed by her Department for all nursing staff; and if she will make a statement on the matter. [14657/08]

All nursing staff, both Irish and non-Irish national, working in public hospitals and employed by the Public Health Service are paid in accordance with the official salary scales. Where nurses are, however, working under contract for private nursing employment agencies the rate of remuneration would be a matter between those nurses and the agencies involved. However, I understand that the pay scales applied by the agencies would in many instances closely adhere to the official rates.

Community Pharmacy Services.

James Bannon

Ceist:

289 Deputy James Bannon asked the Minister for Health and Children the reason the right of pharmacists to representation by their union, the Irish Pharmacy Union is not recognised; the reason the Health Service Executive has, without negotiation, imposed a new payment structure on pharmacists, ignoring the main Indecon advice which was commissioned by the HSE; the reason there is a lack of analysis by the HSE of the effects of such a payment structure on the delivery of pharmacy services throughout the country; and if she will make a statement on the matter. [14667/08]

I would point out that the Government and the Health Service Executive (HSE) recognise the Irish Pharmaceutical Union (IPU) as the representative body for its members.

I have previously outlined in detail to the House the legal provisions under Competition Law which prevent the HSE from negotiating with the IPU on fees, prices or margins for their members. When it became clear that the HSE could not negotiate with pharmacists or wholesalers on fees or margins, a transparent consultation process, including independent economic analysis by Indecon Economic Consultants, was carried out to inform the final determination of the new reimbursement pricing arrangements for drugs and medicines under the medical card and community drugs schemes. These new arrangements were announced by the HSE on 17th September 2007. The report by Indecon was published by the HSE on 13 November 2007. All aspects of the Indecon report were considered by the HSE in making its determination.

A process of dialogue was established under Mr. Bill Shipsey SC to address concerns expressed by the IPU, on behalf of community pharmacists. At a meeting between the HSE and the IPU under Mr Shipsey SC on 5 December 2007, a proposal was outlined to the IPU to (i) address their immediate concerns regarding the alleged impact of the proposed revised wholesaler arrangements on GMS-dependent pharmacies and (ii) to provide a basis upon which discussions on a new substantive contract could commence. The IPU was not prepared to accept this proposal from the HSE and, accordingly, no further discussions have taken place under Mr Shipsey's aegis since then.

In response to demands from community pharmacists to address the alleged impact of the new wholesale pricing arrangements, the HSE has offered a voluntary interim contract with a flat rate dispensing fee of not less than €5 for all dispensing under the GMS and community drugs schemes.

I have also established an Independent Body to assess an interim, fair community pharmacy dispensing fee to be paid for the medical card and community drug schemes. This Body is being chaired by Mr Sean Dorgan, former Head of IDA Ireland. It has been asked to make its recommendations by the end of May 2008.

Based on its consideration of submissions received and its own independent evaluation, the Body will recommend an appropriate dispensing fee that would, in its view, represent a fair and reasonable price to be paid for the pharmaceutical service currently being provided by community pharmacists to the HSE. If approved by Government, it will be backdated to the date from which any individual community pharmacist may choose to avail of the HSE's offer.

Accordingly, each community pharmacist will have three options: to avail of the interim contract as recently offered by the HSE; to accept the interim contract upon the report of the Independent Body; or to stay with the existing retail fee structure until the agreement of a substantive new contract.

I believe this provides all concerned with a reasonable way to make the transition to a fair and transparent method of payment for present services and, I hope, greatly developed pharmacy services in the near future.

Hospital Staff.

James Bannon

Ceist:

290 Deputy James Bannon asked the Minister for Health and Children the reason graduate nurses are unlikely to be offered pre-registration nursing experience in 2008 in the approximate four month period between qualification and registration, which will force many of them to take work in non-medical menial jobs to survive; the reason posts are not being filled despite staff shortages; and if she will make a statement on the matter. [14669/08]

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. It is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Infectious Diseases.

Pat Breen

Ceist:

291 Deputy Pat Breen asked the Minister for Health and Children if she will meet a delegation of the four Houses of the Oireachtas Members from County Clare to discuss the recent findings of the Health Service Executive review of the increased presence of clostridium difficile at Ennis General Hospital and the urgent requirement to implement the recommendations of the report including funding for the construction of additional storage and cleaning facilities for both medical wards at the hospital and the funding for the hospital development project; and if she will make a statement on the matter. [14693/08]

I consider the findings of this review into an outbreak of Clostridium difficile (C. difficile) at the Midwestern Regional Hospital, Ennis to be a serious matter and I would like to express my sympathy to any patient and/or family who has been affected by the outbreak. I would like to assure the Deputy that tackling all Health Care Associated Infections (HCAIs), including C. difficile continues to be a priority for the Government and for the Health Service Executive (HSE). Arrangements have been made to meet with Oireachtas Members from Clare on this issue.

In March 2008, I instructed the HSE to make C. difficile a notifiable disease. From May 4th, all cases of C. difficile and the associated disease, Clostridium Difficile Associated Diarrhoea (CDAD) will have to be notified to the relevant Department of Public Heath. All new cases of CDAD will be entered onto the national Computerised Infectious Disease Reporting system so that incidences can be monitored and managed appropriately where they occur.

While accepting that not all HCAIs are preventable, I am satisfied that this outbreak has been dealt with and significant steps are being taken to reduce the rates of HCAIs generally and to treat them promptly when they occur. I have been informed by the HSE that most of the recommendations in the Ennis report have already been implemented and the HSE will continue to monitor their implementation so as to ensure that the incidence of HCAIs is reduced to the absolute minimum and, particularly, that significant outbreaks such as this do not occur again.

In drawing up its Capital Plan the Health Service Executive is required to prioritise the capital infrastructure projects to be progressed within its overall capital funding allocation under the National Development Plan 2007-2013, taking account of the NDP targets for division of capital investment between the Acute and Primary, Community & Continuing Care pillars. The HSE has submitted a draft Capital Plan to my Department for consideration and approval in the normal way which sets out the HSE's proposed short and longer term priorities and commitments. Consultation on this draft Capital Plan is ongoing between the HSE, the Department of Finance and my Department. The HSE has undertaken to provide additional clarification on its proposed capital developments and is currently engaged in this process.

Ambulance Service.

Pat Breen

Ceist:

292 Deputy Pat Breen asked the Minister for Health and Children the position regarding the provision of an ambulance base at Shannon, County Clare; and if she will make a statement on the matter. [14694/08]

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 issue 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.

Nursing Home Subventions.

Jim O'Keeffe

Ceist:

293 Deputy Jim O’Keeffe asked the Minister for Health and Children the basis for payment of the different levels of nursing home subvention; the different rates of payment; when it is expected that the legislation providing for the new system will be circulated; and the proposals in this regard. [14697/08]

The Nursing Home Subvention Scheme was introduced in 1993. The aim of this scheme is to provide financial assistance to older people towards the cost of maintenance in a private nursing home. As of January 2007, there are no longer three separate rates for subvention. Persons who apply may receive any amount up to a maximum of €300 per week. Additional funding of €55 million was provided for this purpose in Budget 2007. A subvention may be paid where a person has been assessed as needing nursing home care by the Health Service Executive and where the person has satisfied a means test.

In addition to the increased rate of basic subvention, additional funding of €30 million was made available in 2007 for enhanced subvention. This is a supplementary subvention, which may be paid by the HSE, to a person in or entering private long-term care. The amount of enhanced subvention paid is at the discretion of the HSE and varies according to the cost of care and the circumstances of the applicant.

The Bill providing for the Fair Deal scheme is being finalised by the Office of the Attorney General at present. My colleague, the Minister for Health and Children, intends to publish the Bill as soon as possible following finalisation by the Attorney General and Government approval, and to bring the legislation through the Houses of the Oireachtas thereafter.

Under the Fair Deal, individuals will apply to the HSE for an assessment of care needs. There will be a common assessment process throughout the country and the assessment will be carried out by a multi-disciplinary team of healthcare professionals. The assessment will be flexible and will recognise that some people may require more assessment by a wider range of health care professionals than others.

Individuals who are assessed as needing long-term residential care, can apply to the HSE for financial support. The new scheme will ensure that the State continues to fund the largest part of care costs overall. Furthermore, a person's family will not have to contribute towards the cost of their care.

Individuals who require long-term residential care will contribute a maximum of 80% of their net assessable income whether for public or private nursing home care. In calculating an individual's net assessable income, it is proposed that account can be taken of specified items of expenditure.

Depending on the amount of a person's assessable income, there may also be a contribution of up to 5% of a person's assets. The State will meet the balance of cost thereafter in public or private nursing homes. An individual can choose any approved nursing home subject to a) its ability to meet their care needs and b) availability.

The payment of the portion of the contribution relating to assets can be paid at the time when care is received, or may be deferred until the settlement of the individual's estate if they so wish. If an individual opts to defer this portion of the contribution, the Revenue Commissioners will collect it upon settlement of their estate.

Where the contribution is based on the principal private residence, it will be capped at a maximum of 15%, or 7.5% in the case of one spouse going into long-term residential care while the other remains in the home. This means that after three years in care, an individual will not be liable for any further deferred contribution based on the principal residence.

Where a spouse or certain dependants are living in the principal residence, the contribution may be further deferred until after the death of that spouse or dependant, or until such time as a person previously qualifying as a dependant ceases to qualify as such.

Homeless Persons.

Aengus Ó Snodaigh

Ceist:

294 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to the fact that voluntary homeless groups believe there to be over a thousand children homeless in the Dublin area alone; the breakdown of the exact figures of homeless children on a local authority area basis; and her plans to address the issue of child homelessness as the new revised Government strategy will only address adult homelessness. [14495/08]

I assume the Deputy is referring to those young people who have been identified as being homeless on an individual basis and not within their family unit. The most recent figures collated by the Health Service Executive indicate that in 2005 approximately 378 (This figure is a national figure but does not include figure from the south western area in Dublin region) children nationally were identified as being homeless. In relation to the breakdown of these figures on a HSE regional basis, I have requested the HSE to forward the latest available of this information directly to the Deputy.

The Government has shown significant commitment to tackling youth homelessness. It has done this by targeting significant resources at the youth homeless service in the context of the development of the broader child welfare services. In 2001 the Youth Homelessness Strategy was launched. The Strategy provides a strategic framework for youth homelessness to be tackled on a national basis. The goal of the Strategy is "to reduce and if possible eliminate youth homelessness through preventative strategies and where child becomes homeless to ensure that he/she benefits from a comprehensive range of services aimed at reintegrating him/her into his /her community as quickly as possible." In 2005, my office, the Office of the Minister for Children (OMC) requested that the HSE undertake a review of their action plan, to ascertain the extent of its implementation. My Office is continuing to work with the HSE with a view to identifying youth homeless service needs and in determining future policy in this area. My Office has also been liaising with the Department of the Environment, Heritage and Local Government in the context of the review of their existing homeless strategy and the development of a new adult homeless strategy.

Marine Qualifications.

Joe McHugh

Ceist:

295 Deputy Joe McHugh asked the Minister for Transport the estimate of the number of deck hands, engineers, mates and qualified skippers who have qualifications in their respective fields; and if he will make a statement on the matter. [14692/08]

The Department does not maintain records of the numbers of seafarers who are employed at any one time onboard Irish Registered vessels.

I am informed by the Marine Survey Office that a "snapshot" of the numbers of seafarers employed on Irish Registered vessels was taken during September 2007 in connection with a study being undertaken by the European Commission. The statistics in the following table relate to passenger and cargo vessels that were in service on a year round basis at that time.

Type of Vessel

Total Number of Officers Employed

Total Number of Ratings Employed

Cargo Ships

157

156

Passenger Ships of Class B

8

16

Passenger Ships of Class IIA

12

15

In addition to the numbers of seafarers accounted for above there are approximately 70 seasonal passenger vessels in operation throughout the summer period only. These vessels would each typically employ up to four seafarers.

The Department maintains a database to record all Certificates of Competency and Certificates of Equivalent Competency that have been issued to officers in accordance with the Standards of Training, Certification and Watchkeeping (STCW) Convention 1978 as amended in 1995. A total of 2572 certificates have been issued under these arrangements since September 2001.

In comparison, the records for the number of Fishing Vessel Certificates of Competency issued since 2001 indicate that 365 of these types of certificate have been issued to officers in the Irish fishing vessel fleet, which numbers approximately 1800 vessels.

Road Network.

Damien English

Ceist:

296 Deputy Damien English asked the Minister for Transport the average cost to the State per kilometre of road resurfacing works on regional routes for each of the years 2004, 2005, 2006 and 2007; and if he will make a statement on the matter. [14821/08]

Damien English

Ceist:

297 Deputy Damien English asked the Minister for Transport the average cost to the State per kilometre of road resurfacing works on county routes for each of the years 2004, 2005, 2006 and 2007; and if he will make a statement on the matter. [14822/08]

I propose to take Questions Nos. 296 and 297 together.

Information available in my Department on the cost per kilometre of road resurfacing works on regional and local roads is in respect of the State funded road restoration programme. Resurfacing works funded under that programme fall into two categories, i.e. road pavement improvements and surface dressing.

The average cost per kilometre for resurfacing works under those two categories for each of the years 2004 to 2007 is set out in the following table.

Year

Average Cost per km of Surface Dressing

Average Cost per km of Restoration Improvement

2004

10,178

44,701

2005

14,619

56,899

2006

16,616

66,465

2007

18,689

65,472

State Airports.

Joe Carey

Ceist:

298 Deputy Joe Carey asked the Minister for Transport if aircraft companies are licensed to carry hazardous material using Shannon Airport; the procedures and facilities in place to deal with same; and if he will make a statement on the matter. [14846/08]

The carriage of munitions of war, weapons into or through Irish airspace or into Irish airports is prohibited under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, unless an exemption has been issued by the Minister for Transport.

All applications under the above Orders by civilian aircraft are submitted to the Irish Aviation Authority (IAA) by my Department for their observations in respect of hazardous or dangerous goods or materials. The IAA ensures that all such requests are compliant with current safety regulations for the safe transport including packing of these goods by air as approved by International Civil Aviation Organisation (ICAO).

In considering whether to grant an exemption my Department also consults with the Departments of Justice, Equality and Law Reform, Defence and Foreign Affairs.

Limited quantities of dangerous goods may be carried into and through Irish airspace without special exemption under the provision of Annex 18 to the Chicago Convention and provided that they meet the limitations of the ICAO "Technical Instructions for the Safe Transport of Dangerous Goods by Air".

Foreign military aircraft may only land in or overfly Irish territory with the permission of the Minister for Foreign Affairs.

Taxi Regulations.

Finian McGrath

Ceist:

299 Deputy Finian McGrath asked the Minister for Transport if he will respond to a query from a person (details supplied) in Dublin 5 on taxi licences. [14863/08]

Decisions regarding the location and operation of taxi ranks on public roads are primarily matters for consideration by the relevant local authority. Under section 84 of the Road Traffic Act 1961, as amended, a local authority is empowered to make by-laws in respect of any specified area in its functional area appointing the places at which taxis may stand for hire. The making of such by-laws is a reserved function of a local authority.

Insofar as the management and control of the operation of the taxi rank at Dublin Airport is concerned, this is a matter for the Dublin Airport Authority.

With regard to taxi numbers, the October 2000 High Court judgement which led to taxi liberalisation created the legal position that limitation of taxi licences in the interests of existing licence holders could not be sustained. Regulations made in November 2000 responded to the new legal situation established by reference to the decision of the High Court. Subsequently, the Taxi Regulation Act 2003, which provides the legislative basis for the licensing and operation of small public service vehicles generally, does not provide a basis for the application of quantitative controls on the issue of licences for any such vehicles.

The Commission for Taxi Regulation is now the independent public body responsible for the development and maintenance of the regulatory framework for the control and operation, including licensing, of taxis, hackneys, limousines and their drivers. However, the Commission does not have any remit or statutory power under the Taxi Regulation Act 2003 in relation to the control of the number of licences issued. The Commission is, however, progressing policy and supporting regulation in relation to such aspects within its statutory control as vehicle standards and driver skills and knowledge. This will contribute to enhancing the overall standards that a small public service vehicle operator must meet to obtain either a small public service vehicle driver or vehicle licence.

State Airports.

Deirdre Clune

Ceist:

300 Deputy Deirdre Clune asked the Minister for Transport the way the establishment of an independent airport authority at Cork Airport under the State Airport Acts 2004 will affect the employment rights of persons currently working at the airport; and if he will make a statement on the matter. [14892/08]

The recent decision of the Cork Airport Authority (CAA) to accept the recommendations put forward by Peter Cassells with regard to the separation of the CAA from the DAA will allow the airports to proceed with the next steps for separation. A process of engagement will now commence with all the relevant parties on implementation and the technical and legal issues involved will be progressed by the airport authorities and my Department.

It is my intention to proceed without delay to effect the full separation of the three State airports as set out in the State Airports Act 2004. This process will involve the preparation of revised business plans taking account of the Cassells' recommendations. In due course the business plans would be submitted to the Minister for Finance and myself for approval.

Also as part of this process, there will be a need to engage in necessary consultation with stakeholders. In this regard the Minister recognises that there is an understanding with ICTU concerning the framework for consultation with trade unions on the airport business plans.

I wish to reassure all concerned that the legal commitments enshrined in the State Airports Act concerning the protection of terms and conditions of employment of State Airport employees, as well as the requirements for consultation on future collective bargaining structures, will be honoured in full.

Marine Accidents.

Eamon Scanlon

Ceist:

301 Deputy Eamon Scanlon asked the Minister for Transport when an investigation will be completed into a boating accident (details supplied); and if he will make a statement on the matter. [13938/08]

I wish to express my sympathy to the relatives affected by this tragedy. I understand that the Marine Casualty Investigation Board (MCIB) is carrying out an investigation into the sinking of the "MFV Strath Marie".

The MCIB, in the exercise of its functions, is independent from me as Minister for Transport. Therefore, the Deputy should contact the MCIB directly (www.mcib.ie) in relation to the investigation of this tragedy.

Public Transport.

Thomas P. Broughan

Ceist:

302 Deputy Thomas P. Broughan asked the Minister for Transport the number of buses currently in operation in the Dublin Bus fleet; and if he will make a statement on the matter. [13883/08]

I am informed by Dublin Bus that it currently has, on average, approximately 1,180 buses in its fleet.

Road Traffic Accidents.

Fergus O'Dowd

Ceist:

303 Deputy Fergus O’Dowd asked the Minister for Transport the contact he has had with CIE in relation to the causes of the Wellington Quay bus crash of 2004; if he is in possession of a report into the causes of the crash; if not, when he expects to acquire such a report; and if he will make a statement on the matter. [13928/08]

Fergus O'Dowd

Ceist:

304 Deputy Fergus O’Dowd asked the Minister for Transport the reason in view of his role in ensuring safe public transport he has not published any report into the causes of the Wellington Quay bus crash of 2004; the assurances he can give to the travelling public that the causes of that crash have been addressed; and if he will make a statement on the matter. [13929/08]

I propose to take Questions Nos. 303 and 304 together.

The day to day operation of bus services is a matter for the bus companies concerned and the investigation of road traffic accidents and the prosecution of court cases arising therefrom, including in relation any breaches of the Road Traffic Acts, is a matter for the Garda Síochána. I understand that Dublin Bus has co-operated fully with the Gardaí in this regard.

I have not received any internal Dublin Bus report into the accident referred to.

Taxi Regulations.

Paul Kehoe

Ceist:

305 Deputy Paul Kehoe asked the Minister for Transport the options available when a taxi operator is not satisfied with a decision made by the taxi regulator; and if he will make a statement on the matter. [13941/08]

Under the public service vehicle regulations, where the Commission for Taxi Regulation refuses to grant or renew a taxi, wheelchair accessible taxi, hackney or limousine licence, the applicant may appeal the decision to the District Court.

Similarly, where the Garda Commissioner or authorised officer refuses to grant a licence to drive a small public service vehicle or revokes a licence, the applicant/licence holder may appeal the decision to the District Court having jurisdiction where the person ordinarily resides.

In both circumstances, on hearing the appeal the Justice may either confirm the refusal or suspension or revocation or direct the relevant licensing authority to grant or renew the licence in question or remove the suspension or revocation. Notice of the Court decision is given to the relevant licensing authority who must comply with the decision. These provisions are set out in the Taxi Regulations Act 2003.

Departmental Advertising.

Fergus O'Dowd

Ceist:

306 Deputy Fergus O’Dowd asked the Minister for Transport the cost of media advertising on Transport 21 to date; and if he will make a statement on the matter. [13943/08]

Transport 21 represents the largest capital investment commitment ever made by Government to the development of transport infrastructure in this country. It comprises a programme of projects that will greatly improve our national roads and public transport systems over the ten year period to 2015, involving a total investment of €34 billion.

I consider it essential that the general public and all interested parties are made aware of the investments proposed in Transport 21 and are kept up-to-date on the progress being made. Recent market research, undertaken on behalf of my Department, has shown that awareness levels of Transport 21 among the general public is low.

Therefore, as part of a wider information and communications strategy, my Department is undertaking a media advertising campaign, which aims to raise public awareness of Transport 21. To date, the campaign has involved television, press and outdoor advertising. The total cost to date is €580,921, which includes media costs and design and advertising fees.

Noise Pollution.

Paul Nicholas Gogarty

Ceist:

307 Deputy Paul Gogarty asked the Minister for Transport if he will clarify whether powers vested under Section 77 of the Roads Act 1993 are within his remit, or remain within the remit of the Minister for the Environment, Heritage and Local Government. [14010/08]

The issue of environmental noise, including that generated by road traffic, is dealt with under Statutory Instrument (S.I.) No. 140 of 2006: Environmental Noise Regulations 2006. The S.I. was signed into effect by the Minister for the Environment, Heritage and Local Government on 29th March 2006. These Regulations have superseded the provisions of Section 77 of the Roads Act, 1993.

Consultancy Contracts.

Olivia Mitchell

Ceist:

308 Deputy Olivia Mitchell asked the Minister for Transport the consultants who carried out work for his Department or for any body under the auspices of his Department during 2007; if each consultant was an individual or a firm; the amount earned by each consultant in 2007; the basis of the calculation of same; the rate per hour, day, week, month or other period payable in each case; if in each case the consultant was engaged to prepare a report or to carry out work; if in the case of a report being prepared the report has been published; if not, when the report will be published; and if he will make a statement on the matter. [14112/08]

The information requested by the Deputy is being compiled and will be forwarded to her as soon as possible.

Public Transport.

Jack Wall

Ceist:

309 Deputy Jack Wall asked the Minister for Transport the number of wheelchair accessible buses run by Bus Éireann that are attached to routes that service County Kildare; the number of proposed new buses to deal with such routes; and if he will make a statement on the matter. [14223/08]

The deployment of buses is a matter for Bus Éireann but I am informed by the company that it is their intention to have wheelchair accessible vehicles on all commuter routes within Co. Kildare by the end of next year, amounting to approximately 35 vehicles.

The approach being taken to the provision of wheelchair accessible coaches is outlined in ‘Transport Access for All', my Department's Sectoral Plan under the Disability Act 2005, a copy of which is in the Oireachtas Library.

State Airports.

Paul Nicholas Gogarty

Ceist:

310 Deputy Paul Gogarty asked the Minister for Transport when he will make a decision on the independence of the Shannon Airport Authority under the State Airports Act 2004; his views on the business plan lodged by the SAA; if the SAA will be viable if granted its independence; and if he will make a statement on the matter. [14234/08]

The State Airports Act, 2004 provides the framework for the establishment of Shannon, Cork and Dublin as independent airports. Under the Act, both the Minister for Finance and I will have to be satisfied as to the state of operational and financial readiness of the three airports before any vesting of assets can take place.

The recent decision of the Cork Airport Authority to accept the recommendations put forward by Peter Cassells with regard to the separation of the CAA from the DAA will allow the airports to proceed with the next steps for separation of Cork and Shannon airports from the DAA. A process of engagement will now commence with all the relevant parties on implementation and the technical and legal issues involved will be progressed by the airport authorities and my Department.

It is my intention therefore to proceed without delay to effect the full separation of the three State airports as set out in the State Airports Act 2004. This process will involve the preparation of revised business plans taking account of the Cassells' recommendations. In due course the business plans would be submitted to the Minister for Finance and myself for approval.

Paul Nicholas Gogarty

Ceist:

311 Deputy Paul Gogarty asked the Minister for Transport the position in respect of negotiations on providing a US customs and border protection post at Shannon Airport; if he expects an agreement to be made in 2008 with the US authorities; and if he will make a statement on the matter. [14235/08]

U.S. proposals for the provision of pre-clearance facilities at Dublin and Shannon Airports were submitted to my Department in late December 2007.

Formal negotiations on the proposals commenced with the U.S. authorities on 29 January last and additional documentation has been received from the U.S. side. Further discussions with the U.S. authorities are envisaged in the coming months. Given that the matter is still under negotiation it is too early to say when an agreement can be concluded.

Consultancy Contracts.

Damien English

Ceist:

312 Deputy Damien English asked the Minister for Transport the cost to his Department of the original branding for Transport 21; the name of the consultants engaged by his Department for same; and if he will make a statement on the matter. [14252/08]

The original Transport 21 logo was provided at no cost to the Department.

Damien English

Ceist:

313 Deputy Damien English asked the Minister for Transport the cost to his Department of the recent re-branding for Transport 21; the name of the consultants engaged by his Department for same; and if he will make a statement on the matter. [14253/08]

Following a procurement process held in January 2007, my Department engaged Design Bridge to design a new corporate image and implementation guidelines for Transport 21. The total amount paid to date by my Department to Design Bridge in respect of the new corporate image, is €70,463.35.

Taxi Regulations.

Ciaran Lynch

Ceist:

314 Deputy Ciarán Lynch asked the Minister for Transport if he will undertake an evaluation of the implementation of the Taxi Regulation Act 2003; if he will consider the present level of service, the entry requirements for taxi operators, the qualifying requirements for the public service vehicle licence and limiting the numbers of full-time or part-time drivers entering the business; and if he will make a statement on the matter. [14263/08]

The Commission for Taxi Regulation was established under the Taxi Regulation Act 2003 and is the independent public body responsible for the development and maintenance of the regulatory framework for the control and operation of small public service vehicles, taxis, hackneys and limousines, and their drivers. Many of the issues raised in the question relate to the day-to-day responsibilities and actions of the Commission for Taxi Regulation in accordance with its principal function and objectives under the 2003 Act. Under the Act, the Commission has specific regulatory powers in relation to a range of issues including issues of quality and level of service, and entry requirements for licence applicants generally. I also understand from the Commission that it proposes to undertake an economic review of the small public service vehicle industry later in 2008.

Insofar as limits on the numbers of licence applicants are concerned, the October 2000 High Court judgement which led to taxi liberalisation created the legal position that limitation of taxi licences in the interests of existing licence holders could not be sustained. Regulations made in November 2000 responded to the new legal situation established by reference to the decision of the High Court. Subsequently, the Taxi Regulation Act 2003, which provides the legislative basis for the licensing and operation of small public service vehicles generally, does not provide a basis for the application of quantitative controls on the issue of licences for any such vehicles.

Rail Network.

Andrew Doyle

Ceist:

315 Deputy Andrew Doyle asked the Minister for Transport if he will ensure that all manually operated railway crossings are appropriately signed, particularly for people of reduced ability in hearing, sight or mobility, and visible under adverse weather conditions. [14588/08]

The issue referred to by the Deputy is an operational matter for Iarnród Eireann. Under the provisions of the Railway Safety Act 2005, the safety of the mainline railway network, including level crossings, is a matter for Iarnród Eireann in accordance with its Safety Case as accepted by the Railway Safety Commission under Section 46 of the Act.

Cycling Facilities.

Olivia Mitchell

Ceist:

316 Deputy Olivia Mitchell asked the Minister for Transport if he will publish the draft national cycling policy; the action envisaged on foot of its recommendations; and if he will make a statement on the matter. [14635/08]

My Department is currently undertaking the development of a Sustainable Travel and Transport Action Plan (STTAP), the public consultation process for which is currently under way. An element of STTAP is likely to require significant modal shift from the private car to walking, cycling and public transport and, in parallel with the preparation of STTAP, the Department commissioned research to help in the development of a National Cycle Policy.

My Department has recently received the outputs of the research, including a suggested National Cycling Policy. However, as there is a close inter-relationship between the development of a National Cycling Policy and delivery of STTAP, detailed policy consideration must be undertaken of the research output to ensure that it will ultimately be a good fit with STTAP.

In the light of the foregoing, and pending completion of the policy consideration mentioned above, it is considered that it would be premature to make available documentation relating to the deliberative process in relation to the National Cycle Policy. The research information presented in seven volumes is, however, available in my Department for inspection.

Military Neutrality.

Jimmy Deenihan

Ceist:

317 Deputy Jimmy Deenihan asked the Minister for Foreign Affairs the protections that will exist for Irish neutrality within the Lisbon reform treaty and the associated constitutional amendment; and if he will make a statement on the matter. [13869/08]

The provisions of the Reform Treaty in the security and defence area are fully consistent with Ireland's traditional policy of military neutrality. In particular, the existing safeguard that the European Union's policy in this area "shall not prejudice the specific character of the security and defence policy of certain Member States" is maintained, along with the requirement for unanimity in relation to all significant decisions in this area, including the launching of any crisis management mission.

Any deployment of contingents of the Defence Forces overseas will continue to be for sovereign decision of this State, and shall be subject to the requirements of the "triple lock" of Government decision, Dáil approval and UN authorisation.

The twenty-sixth amendment to the Constitution, approved by the people as part of the referendum on ratification of the Nice Treaty in October 2002, prohibits the State from entering into a common defence established under the Treaties. The proposed Constitutional amendment permitting ratification of the Reform Treaty clearly reaffirms this provision.

Overseas Development Aid.

Finian McGrath

Ceist:

318 Deputy Finian McGrath asked the Minister for Foreign Affairs if, apart from funding earmarked for Cuban Government agencies, UN agencies or Trócaire, his attention has been drawn to the planned funding of Cuban or Cuba-orientated non-governmental organisations by the Exchequer under the Irish Aid programme or otherwise; and if he discussed or is scheduled to discuss, the funding of such groups with his European Union colleagues. [14852/08]

The Irish Aid Programme has a clear focus on reducing poverty in some of the poorest countries of the world, including funding through Non-governmental Organisations (NGOs) and other agencies for development programmes and projects. Funding has been channelled to alleviate poverty in Cuba through the UN and Trócaire. There are currently no additional funding requests for Cuba.

Although the EU 1996 Common Position on Cuba does allow for certain assistance to Cuba through NGOs or on humanitarian grounds in order to facilitate peaceful change in Cuba, I am not aware of any current plans for such EU funding nor of any plans among Member States to discuss such funding.

Passport Applications.

James Bannon

Ceist:

319 Deputy James Bannon asked the Minister for Foreign Affairs the reason the recently issued passport of a person (details supplied) in Dublin 18, has the place of birth specified as Israel, when previous passports held by the person referred to Jerusalem, which was in fact the place of birth; the way such a change, which carries potentially negative connotations for travel, should have been imposed on an Irish citizen, who by an accident of birth was born, in what at the time came under the British Mandate for Palestine, but if born in Dublin would have such on the passport, rather than Ireland; and if he will make a statement on the matter. [13836/08]

Previous passports were issued to the person in question with place of birth recorded as Jerusalem. A new Automated Passport System was put in place in 2005. The system reads place of birth as entered on the passport application form and compares it against a list of countries. When the system was being put in place no provision, inadvertently, was made in the list of locations for Jerusalem.

The person in question wrote directly to my Department about this issue and has received a reply expressing appreciation for her correspondence and stating that we fully agree that her place of birth should be recorded as Jerusalem, and that a replacement passport — obviously on a gratis basis — will be issued to her.

Diplomatic Relations.

Leo Varadkar

Ceist:

320 Deputy Leo Varadkar asked the Minister for Foreign Affairs if he will list those members of the United Nations with whom Ireland does not have diplomatic relations; if he has discouraged any of those countries from establishing diplomatic relations on a resident basis; if he has discouraged any of those countries from establishing diplomatic relations on a non-resident basis; and if he will make a statement on the matter. [13848/08]

There are 192 members of the United Nations. Of these, Ireland does not have diplomatic relations with the following 25 countries:

Benin

Bhutan

Cape Verde

Central African Republic

Comoros

Dominican Republic

Equatorial Guinea

Gabon

Grenada

Guinea

Haiti

Madagascar

Mali

Marshall Islands

Mauritania

Saint Kitts & Nevis

Saint Vincent & the Grenadines

Sao Tome & Principe

Solomon Islands

Somalia

Suriname

Swaziland

Togo

Tonga

Turkmenistan

My Department is currently processing requests from three of the above countries to establish diplomatic relations with Ireland for the first time. The question of my discouraging any of these 25 countries from establishing diplomatic relations on a residential or non-residential basis does not arise. Indeed, the normal practice is for the Government to accede to requests to establish diplomatic relations and to accredit an Ambassador on either a resident or non-resident basis, irrespective of whether an Irish Ambassador is accredited to the particular country concerned.

As the Deputy is aware, in the case of Burma, the Government has made it clear to the Burmese authorities that no steps will be taken to accredit their Ambassador in London on a non-residential basis, until a number of developments in that country have taken place, in particular the release of Aung San Suu Kyi.

Consular Services.

Finian McGrath

Ceist:

321 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support a case (details supplied). [13878/08]

My Department has been providing extensive consular support since first being made aware of the case referred to by the Deputy. On 5th April, our Embassy in Berne was contacted by the CEO of the company of the three persons detained in Basel and immediate consular assistance was offered. The Chargé d'Affaires of the Embassy made immediate contact with the Public Prosecutor and the three people were subsequently released.

The Chargé d'Affaires also travelled to Basel to meet with the people concerned and arranged a meeting with the Basel Public Prosecutors office at which the representative of that office explained the background to the case. The Prosecutor's office also informed them that the case against them was now closed. I understand that the Prosecutor's office indicated that an internal investigation would be carried out into the circumstances of the case.

I have instructed our Ambassador to contact the relevant Swiss authorities to express our serious concern about the circumstances in which these individuals were detained. I can assure the Deputy that our Embassy will continue to engage in active and ongoing dialogue with the relevant Swiss authorities in relation to this case.

Arts Funding.

Olivia Mitchell

Ceist:

322 Deputy Olivia Mitchell asked the Minister for Foreign Affairs if he has provided public moneys, capital or current, to an organisation (details supplied) in any of the years 2005, 2006, 2007 and to date in 2008; and if he will make a statement on the matter. [13912/08]

As part of the cultural and heritage aspect of the Government's Support for Emigrant Services programme, administered by my Department's Irish Abroad Unit, Comhaltas Ceoltóirí Éireann has been in receipt of grant funding for specific projects abroad in the period in question. The funding provided is detailed in the following table.

Year

Amount

Region

2005

79,791

Britain

2006

108,366

Britain

1,194

Australia

2007

193,051

Britain

2008

No funding has been granted to date.

With the exception of a single grant of €1,194, awarded to Comhaltas Ceoltóirí Éireann Melbourne in 2006, this funding was directed to support the work of the organisation's branches in Britain.

Northern Ireland Issues.

Dr Martin Mansergh

Ceist:

323 Deputy Martin Mansergh asked the Minister for Foreign Affairs the present legal status of the Good Friday Agreement and its relationship to the St. Andrews Agreement. [13979/08]

The St Andrews Agreement underpins the provisions of the Good Friday Agreement.

The Good Friday Agreement is the collective name given to the British Irish Agreement and Multi-Party Agreement of 10 April 1998. The British Irish Agreement is an international agreement, by which the two Governments undertook to support and, where appropriate, to implement the annexed Multi-Party Agreement. It entered into force on 2 December 1999.

The agreement reached at St Andrews followed discussions between the Governments and the parties on the means to achieve restoration of a power sharing Executive in Northern Ireland and the full and effective operation of the political institutions envisaged by the Multi-Party Agreement.

As with the Multi-Party Agreement, the agreement reached at St Andrews was subsequently annexed to an international agreement between the Governments. The Governments, by means of that international agreement, undertook to support and, where appropriate, to implement the institutional measures agreed at St Andrews. That international agreement entered into force on 9 May 2007, following restoration of the Northern Ireland Assembly and Executive.

Consultancy Contracts.

Olivia Mitchell

Ceist:

324 Deputy Olivia Mitchell asked the Minister for Foreign Affairs the consultants who carried out work for his Department or for any body under the auspices of his Department during 2007; if each consultant was an individual or a firm; the amount earned by each consultant in 2007; the basis of the calculation of same; the rate per hour, day, week, month or other period payable in each case; if in each case the consultant was engaged to prepare a report or to carry out work; if in the case of a report being prepared the report has been published; if not, when the report will be published; and if he will make a statement on the matter. [14107/08]

The Department of Foreign Affairs is responsible for two Votes — Vote 28 (Foreign Affairs) and Vote 29 (International Cooperation). The following tables set out the names of consultants (both firms and individuals) used by the Department in 2007 and the amounts paid by the Department in each case. The table also indicates the consultants who provided services only, those who produced reports, and whether the reports were published. It should be noted that some consultancies commenced in 2007 may not finalise reports until 2008.

With regard to the rates and fees charged by consultants, I should point out that these services are procured by way of advertised competitive tendering and the market determines the rates in each case. In accordance with the Department of Finance Guidelines on the Engagement of Consultants and Other External Support by the Civil Service, it is the Department's standard practice to require the submission of fixed price lump sum tenders for all consultancy projects. With regard to bodies under the auspices of my Department, the Irish Aid Advisory Board and the Hunger Task Force commissioned consultancies in 2007 and the relevant details are included in the table for Vote 29.

I am very conscious of the need to achieve value for money on consultancy expenditure. The Department commissions consultancies only where specialised knowledge and/or skills are not available within the Department and, particularly in the case of Irish Aid (Ireland's official development assistance programme), where an independent evaluation of programmes and projects is required. Given the overall scale of the Irish Aid Programme, this level of monitoring, review and evaluation is both prudent and proportionate.

Vote 28 (Foreign Affairs) The information requested by the Deputy for Vote 28 is set out in the following table.

Consultant

Service Provided

Payments made in 2007

Prepare Report/ Perform Services

Report Published

Bianconi Research Limited (trading as RITS)

Technical advice on the maintenance and development of the Department’s ICT security infrastructure.

151,250

Perform services

Not Applicable

Sysnet Ltd.,

ICT Security Review

28,133

Prepare report.

Internal report, not published.

Cornwell Management Consultants Ireland Limited

Development of technical specifications and tender documents for the support and maintenance contract for the Automated Passport System.

19,965

Perform services

Not Applicable

Goodbody Economic Consultants

Value for Money and Policy Review of the Support for Irish Emigrant Groups Programmes

25,894

Prepare Report

The report was published on 31 July 2007 and provided to the Oireachtas library and Foreign Affairs Committee.

Annesley Resource Partnership

Quality Assurance Assessment of the Value for Money and Policy Review of the Support for Irish Emigrants Groups Programmes

3,751

Prepare report

Not published. The quality assurance report was provided to the Department of Finance.

BCT Communications Limited

Evaluation of the capacity building programmes provided by the Institute of Public Administration in 2006 to the Bulgarian Institute of Public Administration and the Romanian National Institute of Administration.

20,469

Prepare Report

Internal report, not published.

Version 1 Software Limited

Software Programming for Secure Document Repository

1,481

Perform services

Not Applicable

(i) Mr. Eugene Downes (to 28 May 2007)

Cultural Events Coordination and Advisory Services for State and Official Visits

9,883

Perform Services

Not Applicable

(ii) Long Road Productions Ltd. (from 18 September 2007)

14,520

Mr. Peter Brown

Taxation advice provided to the Irish Embassy, London.

3,835

Perform Services

Not Applicable

Mr. Richard Townsend

Assist with a review of the mandate and structures of the Ireland-United Nations Association (IUNA)

3,993.60

Perform Services

Not Applicable

Vote 29 (International Cooperation) The information requested by the Deputy for Vote 29 is set out in the following table.

Consultant

Service Provided

Amounts Paid in 2007

Prepare Report/Perform Services

Report Published

Achilles Procurement Services Ltd.

Provision of procurement expertise

86,656

Perform Services

Not Applicable

Aidan Pender

To inform and advise the work of the Project Appraisal and Evaluation Group (PAEG), providing independent and objective advice and external examination and appraisal of projects and programmes, as part of the overall approval mechanisms in Irish Aid.

11,375

Perform Services

Not Applicable

Aine Costigan

Technical Support on HIV/AIDs

27,453

Perform Services

Not Applicable

Aisling Swaine

Technical Advice on Gender Equality

112,797

Perform Services

Not Applicable

Andre Barsony

To inform and advise the work of the Project Appraisal and Evaluation Group (PAEG), providing independent and objective advice and external examination and appraisal of projects and programmes, as part of the overall approval mechanisms in Irish Aid .

10,523

Perform Services

Not Applicable

Ann Nolan

Provision of Technical Support on HIV/AIDS

104,023

Perform Services

Not Applicable

Ann Pesic

Independent Consultant for the Partnership Programme for Europe and Central Asia Funding Committee

2,294

Perform Services

Not Applicable

Anne Conroy

Monitoring of Irish Aid Recovery Programme, Malawi

20,328

Perform Services

Not Applicable

Anne Holmes

Technical Support Tsunami

69,579

Perform Services

Not Applicable

Annesley Resource Partnership

Quality Review of Irish Aid Report re. Tsunami

2,723

Prepare Report

Internal report, not published.

John Shiels

Independent Consultant for the Partnership Programme for Europe and Central Asia Funding Committee

6,579

Perform Services

Not Applicable

Annesley Resource Partnership

Review of the Irish Aid Fellowship Training Programme

34,388

Prepare Report

Internal report, not published.

Aodh O’Connor

Technical Consultants to the Civil Society Section Funding Schemes

9,800

Prepare Report

Internal report, not published.

Aodh O’Connor

Civil Society Fund and Micro Projects Fund

7,974

Perform Services

Not Applicable

Consultant

Service Provided

Amounts Paid in 2007

Prepare Report/Perform Services

Report Published

Arthur Fell

To inform and advise the work of the Project Appraisal and Evaluation Group (PAEG), providing independent and objective advice and external examination and appraisal of projects and programmes, as part of the overall approval mechanisms in Irish Aid.

21,086

Perform Services

Not Applicable

Ross Golden Bannon

Hunger Task Force- Media Consultant

5,082

Perform Services

Not Applicable

Barnaby Wilitts-King

Technical Consultant supporting the work of the Emergency & Recovery Section of Irish Aid

21,326

Perform Services

Not Applicable

Ben Siddle

Provision of Technical Support for Emergency and Recovery Section, Rapid Response Initiative

41,393

Perform Services

Not Applicable

Bernard McLoughlin

To inform and advise the work of the Project Appraisal and Evaluation Group (PAEG), providing independent and objective advice and external examination and appraisal of projects and programmes, as part of the overall approval mechanisms in Irish Aid.

7,800

Perform Services

Not Applicable

Bernard Wood

To inform and advise the work of the Project Appraisal and Evaluation Group (PAEG), providing independent and objective advice and external examination and appraisal of projects and programmes, as part of the overall approval mechanisms in Irish Aid.

27,137

Perform Services

Not Applicable

Bernadette Crawford

External Member of Fellowships Selection Committee Meetings

3,712

Perform Services

Not Applicable

Bernadette Crawford

Final Monitoring of the NGO HIV/AIDS Partnership Scheme (HAPS)

5,384

Perform Services

Not Applicable

Brid McGrath

Assistant Public Information Officer

31,196

Perform Services

Not Applicable

Cathal Higgins

Support to the Zambia/Ireland Teacher Education Initiative

33,895

Perform Services

Not Applicable

Cathal Higgins

Provision of Technical Support for Education for All

28,615

Perform Services

Not Applicable

Kate Butcher

Techincal Consultant for the Multi-Annual Programme Scheme

4,369

Perform Services

Not Applicable

Catherine Gaynor

Mainstreaming; Building Strategy and Practice within Irish Aid

20,110

Perform Services

Not Applicable

Catherine Gaynor

Technical Consultant for the Multi-Annual Programme Scheme

20,429

Perform Services

Not Applicable

Consultant

Service Provided

Amounts Paid in 2007

Prepare Report/Perform Services

Report Published

Catherine Gaynor

Provision of Technical Support for Education for All

32,658

Perform Services

Not Applicable

Daire Higgins

Irish Aid Centre Public Relations and Outreach Consultant

24,750

Perform Services

Not Applicable

Dalberg Global Development Ad.

Evaluation of Learning and Training Programme for Development Workers (Dtalk)

26,245

Prepare Report

Internal report, not published.

Dalberg Global Development Ad.

Mapping of Irish Aid Approval Processes

55,358

Perform Services and prepare internal report.

Internal report, not published.

Daniel Rowan

Temporary Communications Specialist

43,774

Perform Services

Not Applicable

Debbie Thomas

Production of publication material for communication about Irish Aid’s health programming

10,000

Perform Services and prepare materials for publication.

Materials published.

Deirdre Farrell

Member of the Development Education Grants Committee

5,000

Perform Services

Not Applicable

Diarmuid McClean

Provision of Technical Support on Health and HIV/AIDS in area of R&D for new drugs, vaccines and microbicides

148,450

Perform Services

Not Applicable

Diarmuid O’Donovan

Technical Consultant to the Board of the European Malaria Vaccine Initiative

5,101

Perform Services

Not Applicable

Eamonn O’Reilly

Facilitation of Irish Aid funded internship Programmes (General Level)

6,750

Perform Services

Not Applicable

Ecorys Research and Consulting

Evaluation of the Mozambique Country Programmes 2001-2006

93,191

Prepare Report

Report published February, 2008.

Eleanor O’Gorman

Consultant to Conflict Resolution Unit

65,285

Perform Services.

Not Applicable.

Farrell Grant Sparks

Provision of Consultancy Services for Irish Aid Management Review

92,767

Prepare Report

Report not finalised.

Geraldine McDonald

Civil Society Fund and Micro Projects Fund

16,586

Perform Services

Not Applicable

Helen Newman

Development Education Strategy

18,150

Perform Services

Not Applicable

Helen O’Neill

To inform and advise the work of the Project Appraisal and Evaluation Group (PAEG), providing independent and objective advice and external examination and appraisal of projects and programmes, as part of the overall approval mechanisms in Irish Aid.

12,350

Perform Services

Not Applicable

Hunter McGill

Participation in the Projects Appraisal and Evaluation Group (PAEG) Meetings

10,888

Perform Services

Not Applicable

Imelda Torres Lopez

Programme Consultant in Central America

3,049

Perform Services

Not Applicable t

Consultant

Service Provided

Amounts Paid in 2007

Prepare Report/Perform Services

Report Published

Institute of Public Administration

Quality Assessment of Mozambique CSP Evaluation

2,904

Prepare Report

Internal report, not published.

Intrac

Public Expenditure Review of the Irish Govenments Support to Tsunami affected countries

31,181

Prepare Report

Report published

Intrac

Review of the Irish Missionary Resource Service (IMRS)

66,105

Prepare Report

Internal Report not published.

James H. Polhemus, Phd

Consultancy on Good Governance

58,430

Perform Services

Not Applicable.

Jim Sheehan

Civil Society Fund and Micro Projects Fund

12,233

Perform Services

Not Applicable

Jane Salvage

Support to the AMAR Health Rehabilitation Project for the Marsh Arabs of Southern Iraq

12,135

Prepare Report

Internal report, not published.

Jerry O’Dwyer

Support to Irish Aid on the Global Fund to fight AIDS, TB & Malaria

40,690

Perform Services

Not applicable.

Jill Nesbitt

Irish Aid Centre Content Consultant

10,000

Perform Services

Not applicable

Jim Kinsella

Irish Aid Seminar- Presentation on OECD/DAC agriculture Task Team

300

Perform Services

Not Applicable.

Jim Kinsella

To inform and advise the work of the Project Appraisal and Evaluation Group (PAEG), providing independent and objective advice and external examination and appraisal of projects and programmes, as part of the overall approval mechanisms in Irish Aid.

3,264

Perform Services

Carry out work; no report

Joanne Manchester

Provision of Technical Support on HIV/AIDS

2,751

Perform Services

Carry out work; no report

John Grindle

External Evaluator for Development Cooperation Ireland Project Proposals for the Balkans and CISs

8,500

Prepare report

Internal report, not published.

John Grindle

Support to Review of the Staffing Needs of the Diplomatic Missions in Programme Countries, Sierra Leone and South Africa

15,426

Prepare Report

Internal report, not published.

John Telford

Technical Consultant supporting the work of the Emergency & Recovery Section of Irish Aid

10,176

Perform Services

Not Applicable

John O’Regan

Provision of Audit Management Support to the Evaluation and Audit Unit

78,035

Perform Services

Not Applicable

Kate Dyer

Support to the revision of Irish Aids Country Strategy Planning (CSP) Guidelines and Procedures

29,371

Perform Services

Not Applicable

Kevin Moore

Support for Private Sector Development

105,086

Perform Services

Not Applicable

KPMG

Value for Money Review of the Passport Service

35,406

Prepare Report

Report due for publication in third Quarter, 2008.

Consultant

Service Provided

Amounts Paid in 2007

Prepare Report/Perform Services

Report Published

Luis Enrique Bran Reyes

Interim Programme Consultant for the Central America Programme

33,064

Perform Services

Not Applicable

Maeve Martin

Evaluation of the Development and Intercultural Education (DICE) Project

15,000

Perform services and prepare internal report.

Internal report, not published

Margaret Fitzgerald

Provision of Technical Support on Health and HIV/AIDS, October to December 2006

31,807

Perform Services

Not Applicable

Margaret Fitzgerald

To inform and advise the work of the Project Appraisal and Evaluation Group (PAEG), providing independent and objective advice and external examination and appraisal of projects and programmes, as part of the overall approval mechanisms in Irish Aid.

9055

Perform Service

Not Applicable

Mags Gaynor

Provision of Technical Support for Emergency and Recovery Section: Rapid Response Initiative

14,058

Perform Services

Not Applicable

Mags Gaynor

Civil Society Fund and Micro Projects Fund

7,939

Perform Services

Not Applicable

Mags Gaynor

Support Irish Aid in the Areas of Vulnerability and Infrastructure

44,828

Perform Services

Not Applicable

Margo O’Sullivan

Review of Primary Teacher Education (PTE) Curriculum

145

Perform Services

Not Applicable

Marie Smith

Civil Society Fund and Micro Projects Fund

11,081

Perform Services

Not Applicable

Mary Immaculate College

Provision of Technical Support for Education for All

4,868

Perform Services

Not Applicable

Mary Jennings

Mainstreaming Building Strategy and Practice within Irish Aid

3,020

Perform services and prepare report.

Internal report, not published.

Mary Jennings

Technical Consultant for the Multi-Annual Programme Scheme

31,433

Perform Services

Not Applicable

Mary McCann

Interim Programme Consultant for the Central America Programme

45,330

Perform Services

Not Applicable

Mary McKeown

Technical Consultant for the Multi-Annual Programme Scheme

4,727

Perform Services

Not Applicable

Mary McKeown

To inform and advise the work of the Project Appraisal and Evaluation Group (PAEG), providing independent and objective advice and external examination and appraisal of projects and programmes, as part of the overall approval mechanisms in Irish Aid .

5,227

Perform Services

Not Applicable

Mary McKeown

Civil Society Fund and Micro Projects Fund

25,129

Perform Services

Not Applicable

Consultant

Service Provided

Amounts Paid in 2007

Prepare Report/Perform Services

Report Published

Maura Leen

Irish Aid Representative on the Appraisal Panel for the Programme of Strategic Cooperation between Irish Aid and Higher Education and Research Institutes

4,750

Perform Services

Not Applicable

Maura Leen

To inform and advise the work of the Project Appraisal and Evaluation Group (PAEG), providing independent and objective advice and external examination and appraisal of projects and programmes, as part of the overall approval mechanisms in Irish Aid.

5,371

Perform Services

Not Applicable

Michael Scott

Participation at Mekong Private Sector Development Facility Planning and Review Meeting, and Vietnam Business Forum, December 2006

6,357

Perform Services

Not Applicable

Morina O’Neill

Irish Aid Centre Content Consultant

5,000

Perform Services

Not Applicable

Morina O’Neill

Civil Society Fund and Micro Projects Fund

6,708

Perform Services

Not Applicable

Technical Consultants to the Civil Society Section Funding Schemes

1,500

Perform Services

Not Applicable

Dr. Nick Chisholm

Consultancy Support to the Irish Aid Hunger Task Force

22,268

Perform Services

Not Applicable

Owen McCarthy

Dissemination of an Irish Aid Teaching Resource entitled “Our World, Our Future”

9,065

Perform Services

Not Applicable

Oxford Policy Management

Strategic review of Irish Aid engagement with the United Nations funds and programmes

61,316

Prepare Report

Internal report, not published.

Oxford Policy Management

Consultancy support to Irish Aid Hunger Task Force

5,283

Perform Services

Not Applicable

Pat McMullan

On-going Support to Ireland Aid Funding of the Consultative Group on International Agricultural Research (CGIAR)

24,783

Perform Services

Not Applicable

Patrick D Murphy

Provision of Technical Support for Education for All

8,774

Perform Services

Not Applicable

Philip Regan

Facilitation of Irish Aid funded Internship Programmes (Senior Level)

11,875

Perform Services

Not Applicable

Reginald Terrence Allsop

Support to the Zambia/Ireland Teacher Education Initiative

21,960

Performs services and prepare report.

Internal report, not published.

Roberto ED. Martinez

Contract No: 10 — Maintenance of DCI Spanish Language website in Central America & Promotion of the Website

2,186

Perform Services

Not Applicable

Consultant

Service Provided

Amounts Paid in 2007

Prepare Report/Perform Services

Report Published

Richard Townsend

Report on staffing needs of missions in Irish Aid Programme Countries

8,556

Prepare report

Internal report, not published.

Richard Townsend

Irish Aid Representative on the Appraisal Panel for the Programme of Strategic Cooperation between Irish Aid and Higher Education and Research Institutes

2,811

Perform Services

Not Applicable

Karen Rothwell

Facilitation of DCI funded UNV internship programme

45,590

Perform Services

Carry out work; no report

Karen Rothwell

Facilitation of Irish Aid funded Internship Programmes (Senior Level)

29,887

Perform Services

Carry out work; no report

Karen Rothwell

Piloting of Organisational Assessment Guidelines

24,421

Prepare Report.

Internal report, not published.

Rowan Oberman

Irish Aid Centre Groups’ Programme Consultant

5,250

Perform Services

Carry out work; no report

Ruairi Brugha

Provision of Technical Support on Health and HIV/AIDS

8,450

Perform Services

Carry out work; no report

Sean Drysdale

Provision of Public Health Specialist Support

84,294

Perform Services

Carry out work; no report

Siobhan Mullally

Independent/External Mid-term Evaluation of the Justice System Programme in Timor Leste

5,197

Perform Services and prepare report

Internal report, not published.

Steve Packer

Evaluation of the Irish Aid World Bank Education Trust Fund

23,001

Prepare Report

Report is due for publication in June 2008.

Tara Shine

Provision of Technical Support on Environmentally Sustainable Development

79,347

Perform Services

Not Applicable

Tara Shine

Civil Society Fund and Micro Projects Fund

5,072

Perform Services

Not Applicable

Tom Crowley

Civil Society Fund and Micro Projects Fund

16,889

Perform Services

Not Applicable

Una Murray

Civil Society Fund and Micro Projects Fund

9,413

Perform Services

Not Applicable

Una Murray

Completing and handing over work on mainstreaming gender through business plans and facilitating action planning on gender based violence with joint consortium gender based violence

3,721

Perform Services

Not Applicable

University of Glasgow

MAPS II,: Technical Consultants to the Civil Society Section Funding Schemes

5,748

Perform Services

Not Applicable

Grosso & Maldonado

Legal Advice regarding the establishment and operation of the Rapid Response Initiative

2080

Perform Services

Not Applicable

James Saunderson

Rapid Response Initiative — Manager of Standby Register

520

Perform Services

Not Applicable

Vote 29 (International Cooperation) Continued Irish Aid Advisory Board

Consultant

Service Provided

Amounts Paid in 2007

Perform Services/Prepare Report

Report Published

Theta Eta Advisors Limited

Preparation of a report entitled: Best Practice in the Governance of Aid Programmes

€6,050

Prepare Report

Internal report — not published

Oxford Policy Management

Research study entitled: “Measuring Impact: The Global and Irish Aid Programme Context”

€42,258

Prepare Report

Report Published

Mr Tony Killick

(i) Preparation of a report entitled: “Selectivity in Action: Choosing Irish Aid’s Tenth Programme Country”

€25,410

Prepare Report

Finalised; internal report — not for publication.

(ii) Editorial Work on Research Findings Volume 1 Governance Trade and Aid Effectiveness.

Achilles Procurement Services Limited

Public Procurement Advice on establishment of Framework Agreements for Research

€1,270

Perform Services

Not Applicable

North South Institute

Provision of external reader services to ABIA research programme

€2,542

Perform Services

Not Applicable

Overseas Development Institute

Research study entitled: “Good Governance, Aid Modalities & Poverty reduction”

€141,284

Prepare Report

Published

Overseas Development Aid.

Bernard Allen

Ceist:

325 Deputy Bernard Allen asked the Minister for Foreign Affairs if pension protection is to be offered to encourage volunteers for overseas aid development programmes. [14189/08]

While responsibility for pension protection rests with the Department of Social and Family Affairs, pension protection for overseas development volunteers, and the protection of the interests of overseas development workers generally, are matters of concern to me. Officials of my Department have discussed these matters with the Department of Social and Family Affairs.

The present position is that social welfare legislation includes provisions for social protection for overseas development workers. These involve a Volunteer Development Worker credit scheme and contributions to the Public Service Pension Scheme. To help raise awareness of the importance of pension protection, this Department also provides support to Comhlámh, the Irish Association of Development Workers. An allocation of €60,000 has been made this year to Comhlámh towards awareness raising and to carry out administrative duties in relation to these services.

EU Treaties.

Billy Timmins

Ceist:

326 Deputy Billy Timmins asked the Minister for Foreign Affairs the measures in the Lisbon treaty that will affect Ireland’s ability to maintain the corporate tax rate and general tax rates here; and if he will make a statement on the matter. [14409/08]

The Reform Treaty preserves the existing Treaty arrangements whereby taxation matters must be decided by unanimous vote. Therefore, there is no change in the existing position. Ireland's ability to decide on corporate and income tax rates remains a matter for the Irish authorities alone.

Olympic Games.

Billy Timmins

Ceist:

327 Deputy Billy Timmins asked the Minister for Foreign Affairs if an invitation has been issued to the Government to attend the opening or closing ceremony of the Olympic Games in August 2008; if so, if they will not attend; and if he will make a statement on the matter. [14411/08]

The Government has been invited by the Olympic Council of Ireland to be represented at the opening or closing ceremonies of Beijing Olympic Games. At this stage no decisions have been taken regarding Government attendance at the Games.

In relation to the issue of Tibet, and more general concerns about human rights and fundamental freedoms in China, I continue to believe that the most effective way to convey our views and concerns, and those of the Irish people, to the Chinese authorities is through frank dialogue with them. The Government will continue to raise its concerns regarding Tibet and human rights issues more generally through such dialogue, as will the EU.

Human Rights Issues.

Leo Varadkar

Ceist:

328 Deputy Leo Varadkar asked the Minister for Foreign Affairs if he has contacted a political party in order to seek its help with a group to encourage the release of a person (details supplied); and if he will make a statement on the matter. [14491/08]

The Government remains very seriously concerned about the large number of hostages being held by FARC. Recent reports about the poor health of French-Colombian hostage Ingrid Betancourt are particularly worrying.

An all-party Seanad Éireann motion in December 2007 strongly supported the ongoing efforts to seek the release of Ingrid Betancourt. This motion was subsequently debated in the Seanad on 10 April 2008, when Minister of State Michael Ahern T.D. spoke on behalf of the Government. All parties to the debate expressed their extreme concern for the failing health of Ms. Betancourt and condemned the appalling conditions of her continued detention.

Ireland, together with our EU partners, welcomes recent initiatives to pursue negotiations with the FARC in order to secure the release of the hostages and bring an end to the internal armed conflict. Current proposals include the establishment of a demilitarised zone, with international observers, from which hostages could be safely released. The Catholic Church in Colombia has been requested to act as a mediator between the Government and the FARC in pursuing this proposal. Colombia has also endorsed a facilitation role by France, Spain and Switzerland, which has the full support of Ireland. French Foreign Minister Bernard Kouchner is due to travel to Colombia soon to discuss the situation after an international medical mission to Colombia to treat Ingrid Betancourt was denied access by the FARC. I very much hope that these initiatives will be successful.

I would also hope that all those with influence on FARC will use it to respond positively.

We will continue to monitor the situation in Colombia through our Embassy in Mexico City, which is accredited to Colombia, as well as in cooperation with our EU partners with resident diplomatic missions in that country.

European Council.

Leo Varadkar

Ceist:

329 Deputy Leo Varadkar asked the Minister for Foreign Affairs when Ireland last used a veto at the European Council or at the Council of the European Union; and if he will make a statement on the matter. [14492/08]

The EU operates in a manner which encourages and facilitates the search for agreement between the Member States. While the Treaties provide that the principal method of reaching Council decisions is by Qualified Majority Voting (QMV), recourse to voting is very rare because agreement is normally achieved through negotiation and the search for compromise. However, for issues of particular national importance, such as, defence and taxation, the Treaties require unanimous agreement of all Member States. The European Council itself also operates by the consensus procedure.

Within the Union, whenever a Member State takes a very strong view against a draft proposal, it is normally amended to facilitate agreement and in cases where unanimity applies a Member State can prevent the proposal from proceeding.

Our consistent national approach at EU level is to articulate our concerns, seek support from partners and the EU institutions for them, and to advance our national interests through the process of negotiation. This approach has paid dividends over the years. Indeed, it is necessary to go as far back as the mid-1980s to find an occasion when the Government had cause to block a proposal at the European Council before a satisfactory outcome was achieved.

Diplomatic Relations.

Billy Timmins

Ceist:

330 Deputy Billy Timmins asked the Minister for Foreign Affairs the diplomatic relations Ireland has with Burma; when these were established; if there are none, if Ireland ever had diplomatic relations with Burma; the way these were established; when they ceased; and if he will make a statement on the matter. [14716/08]

In the context of our EU Presidency, diplomatic relations with Burma were established on 10 February 2004 through the issue of a Joint Communiqué in the names of the two Governments. However, due to the deterioration in the political situation which followed shortly afterwards, including the arrest of Aung San Suu Kyi, it was decided not to proceed with an exchange of non-resident Ambassadors. The Government subsequently made it clear to the Burmese authorities that diplomatic relations will not be advanced, including and in particular the accreditation of Ambassadors, until a number of developments in that country have taken place, in particular the release of Aung San Suu Kyi.

Billy Timmins

Ceist:

331 Deputy Billy Timmins asked the Minister for Foreign Affairs the diplomatic relations Ireland has with China; when these were established; if there are none, if Ireland ever had diplomatic relations with China; the way these were established; when they ceased; and if he will make a statement on the matter. [14717/08]

Ireland established diplomatic relations with the People's Republic of China on 22 June 1979 through a Joint Communiqué signed by the Permanent Representatives of Ireland and China to the United Nations in New York. Resident Ambassadors were duly accredited in 1980.

Billy Timmins

Ceist:

332 Deputy Billy Timmins asked the Minister for Foreign Affairs the diplomatic relations Ireland has with Sudan; when these were established; if there are none, if Ireland ever had diplomatic relations with Sudan; the way these were established; when they ceased; and if he will make a statement on the matter. [14718/08]

Ireland established diplomatic relations with Sudan in March 1984. The accreditations are on a non-resident basis.

The Irish Ambassador in Cairo is accredited to Khartoum and the Sudanese Ambassador in London is accredited to Dublin. Ireland also has an Honorary Consul in Khartoum who took up appointment in December 2005. There have been some informal reports recently that Sudan intends opening an Embassy in Ireland, as part of an expansion of its diplomatic network, but no formal communication to this effect has been received from the Sudanese authorities.

Irish Aid had operated a bilateral development programme in Sudan, with a small Programme Office in Khartoum, which began in 1975. However, this programme was formally concluded in 1998.

Billy Timmins

Ceist:

333 Deputy Billy Timmins asked the Minister for Foreign Affairs the diplomatic relations Ireland has with Colombia; when these were established; if there are none, if Ireland ever had diplomatic relations with Colombia; the way these were established; when they ceased; and if he will make a statement on the matter. [14719/08]

Ireland established diplomatic relations with Colombia through the exchange of notes on 10 November 1999. Since that date, the Ambassador of Ireland resident in Mexico City has been accredited to Colombia on a non-resident basis, while the Ambassador of Colombia in London has been accredited to Ireland. Ireland is also represented by an Honorary Consul in Bogotá.

Economic Statistics.

Damien English

Ceist:

334 Deputy Damien English asked the Minister for Enterprise, Trade and Employment if he will provide data showing the contribution to gross domestic product of the small and medium enterprises sector to the Irish economy for 2007; the percentage of the total this accounts for 2007; and if he will make a statement on the matter. [14819/08]

In compiling GDP, the Central Statistics Office (CSO) has advised that a distinction is not made in the calculations between enterprises of various sizes. Consequently, it is not possible to provide the contribution of SMEs to GDP.

However, the following data collated by the CSO from various CSO Surveys relating to 2005 — the latest year for which statistics are available — provide some insight into the importance of small and medium enterprises to the Irish economy.

These figures show the Gross Value Added (GVA) by enterprises classified by the NACE sector in which they are engaged and by the size of the enterprises in terms of the number of persons engaged in them. It should be noted that the health, education and financial services sectors are not covered by the figures set out in the Table below.

Gross Value Added (GVA) by enterprises classified by NACE sector

NACE sector

Persons engaged size class

GVA €000s in 2005

G (Wholesale and Retail trade, repair of motor vehicles etc.)

0 to 49

7,269,646

50 to 249

3,885,741

Over 250

3,589,950

Total

14,745,337

H (Hotels and Restaurants and Bars)

0 to 49

1,844,952

50 to 249

1,006,932

Over 250

337,620

Total

3,189,504

I (Transport, Storage and communication)

0 to 49

3,571,055

50 to 249

1,624,357

Over 250

5,182,277

Total

10,377,689

K (Real estate, renting and business activity)

0 to 49

8,579,997

50 to 249

4,727,575

Over 250

2,631,567

Total

15,939,139

O (Other community and personal services)

0 to 49

790,683

50 to 249

498,142

Over 250

330,441

Total

1,619,266

Industry (Manufacturing, Mining and Electricity, gas and Water)

0 to 49

2,620,784

50 to 249

8,274,984

Over 250

27,861,806

Total

38,757,574

Construction

0 to 19

Not available

20 to 49

1,511,192

50 to 249

2,722,316

Over 250

1,594,402

5,827,910

Total above sectors

90,456,419

The total value added shown above for each sector is taken from the relevant business survey and is not fully compatible with the aggregate contribution to GDP. The GVA for the total economy in 2005 was €142,468 million. The figures in the above Table, equate to 63.5% of the GVA for the total economy in 2005.

Job Losses.

Michael Creed

Ceist:

335 Deputy Michael Creed asked the Minister for Enterprise, Trade and Employment the level of job losses anticipated by his Department arising from the World Trade Organisation talks; and if he will make a statement on the matter. [14549/08]

The Doha Development Agenda Round of talks in the World Trade Organization was launched in 2001. There is now reason to believe that it could reach a breakthrough within the next two to three months (although by no means certain), but the content of any final agreement is still far from clear. As a result, it is not possible to accurately anticipate the broad national consequences for employment.

Although the negotiations are still too undeveloped to allow for any useful employment predictions, it is possible to draw some conclusions from the direction the negotiations are taking. It is very likely that an agreement will benefit sectors of the economy that have gained from increasing trade liberalisation over the last few decades and that have more recently contributed to the positive economic transformation of the country.

Departmental Schemes.

Michael Ring

Ceist:

336 Deputy Michael Ring asked the Minister for Enterprise, Trade and Employment if, in view of the existence of the export guarantee scheme as it applied to beef exporters here for some time, he will outline the period when the scheme was in operation; the amount paid under this scheme for each year that it was in operation; the names of the five recipients of the largest amounts of money per annum while the scheme was in operation; if there was subsequently any repayment of any of that money to the Exchequer by the recipient companies or individuals; and if he will make a statement on the matter. [13957/08]

A State Export Credit Scheme was established under the 1953 Insurance Act, which provided export credit insurance to exporters, to cover against the risk of non-payment for their goods by buyers abroad and to encourage the export of Irish goods and services. The Scheme covered a wide range of risks up to 1991, when the Government decided to phase out State involvement in the provision of certain types of cover. In 1998, following a review of its operation, the then Tánaiste, Mary Harney TD announced that the State was withdrawing from all aspects of this scheme. Since its inception, the scheme insured exports valued at almost £6 billion.

In the years immediately preceding the wind-down, exports to Iraq featured very prominently in the cover supplied. Beef exports were a dominant, but not exclusive, sector given cover. Following the first Gulf war (Kuwait invasion) there was significant defaulting of payment for goods supplied and considerable payments were made on foot of the insurance policies held.

It should be appreciated that the Scheme was operated like any other insurance arrangement, i.e. the exporter paid a premium, calculated by reference to the risk being undertaken and then the State underwrote a policy. If the exporter failed to secure payment for their goods or services, then the policy paid out the agreed sum to the exporter. No further payment was due from the exporter. This debt then became the property of the insurer, i.e. this Department. Under the terms of the policy, efforts could subsequently be made by the Department, with the assistance of the exporter in certain circumstances, to secure payment of the debt.

In recent years the Iraqi authorities have offered limited payments on foot of these defaulted debts and the Department has been successfully pursuing recoveries on these debts, previously considered unrecoverable. To date a total recoupment of some €6.3 million has been achieved, the most significant recent recovery was €1.75 million in October 2007. It is anticipated that further progress in debt recovery under this Scheme will continue to be recorded.

An End of Year Account for Export Credit transactions is prepared by the Department each year which is finalised by the Comptroller & Auditor General. Copies of this Export Guarantee Account are laid before the Oireachtas.

The net deficit on the scheme is currently in the region of €27m, a figure which is reducing, as further recoveries are made. For confidentiality reasons, it has not been the practice to give details of settlements made to policy holders on foot of export credit insurance policies.

The following table sets out the amount paid out in claims from 1987 (details for the years prior to that date are not readily available).

Year

Amount IR£

1987

10,346,556

1988

4,142,812

1989

2,908,706

1990

11,126,749

1991

9,034,735

1992

12,469,644

1993

1,080,230

1994

697,467

1995

943,874

1996-2001

0

2002 (€ to IR£)

157,512

2003-date

0

Total

IR£52,908,285 (€67,179,664)

Departmental Lands.

Jack Wall

Ceist:

337 Deputy Jack Wall asked the Minister for Enterprise, Trade and Employment if the Industrial Development Authority has obtained a purchaser for lands within their remit (details supplied), if not, if the IDA will continue to lease the lands to a local voluntary body in County Kildare; and if he will make a statement on the matter. [13954/08]

Jack Wall

Ceist:

338 Deputy Jack Wall asked the Minister for Enterprise, Trade and Employment if the decisions have been made regarding the sale of the Industrial Development Authority lands (details supplied) in County Kildare; if not, if the IDA will consider the leasing of the stated lands to a voluntary body; and if he will make a statement on the matter. [13956/08]

I propose to take Questions Nos. 337 and 338 together.

The management of IDA Ireland's industrial property portfolio is a day-to-day operational matter for the Agency, as part of the statutory responsibility assigned to it by the Oireachtas and it is not a matter in which the Minister of the day has any involvement.

However, IDA Ireland informs me that the Agency holds c. 2.27 hectares of lands at Monasterevin, Co. Kildare. IDA was leasing a portion of these lands (c. 0.62 hectares) to the Monasterevin GAA Club. IDA duly informed the Monasterevin GAA club in November 2007 that they would be ceasing the leasing arrangement with the Club from January 2008. IDA also informs me that the Agency holds c. 1.5 hectares of lands at Castledermot, Co. Kildare.

In line with IDA strategy, the land holdings in both of these locations are currently under review to determine the most appropriate future development options and opportunities for their use. It is expected that this review will be concluded over the coming months. Consideration of any lease arrangements can only be conducted in light of, and subsequent to, this review.

IDA Ireland Strategy for County Kildare is to progress the development of a knowledge economy in order that the County can compete both nationally and internationally for foreign direct investment. The Agency seeks to encourage increased cooperation between foreign direct investment companies and the third level institutions in the County e.g. University College Maynooth. The Agency also seeks to work with the existing client base in the County and to expand their activities. IDA also works with Local Authorities and relevant infrastructure providers to influence the delivery of appropriate infrastructure to the County.

Health and Safety Regulations.

Emmet Stagg

Ceist:

339 Deputy Emmet Stagg asked the Minister for Enterprise, Trade and Employment the reason workers must be examined every three years for the FÁS skills card and health and safety card. [13981/08]

This question refers to two separate cards, the FÁS Construction Skills Certification Scheme Skills card and the FÁS Safe Pass card, neither of which is renewable on a three-year basis.

The FÁS Construction Skills Certification Scheme (CSCS) skills card is renewable every five years. The CSCS card is used mainly by workers in the areas of plant operation, scaffolding and roofing. Once an operative has gained a CSCS skills card in the relevant category the card must be renewed at five-yearly intervals, either by a one-day training and assessment course or by a completed and signed logbook of a standard acceptable to FÁS.

The FÁS Safe Pass card is renewable every four years. The Safe Pass card is issued after a one-day training course and successful assessment. The four-year renewal is granted following completion of a Safe Pass Training Awareness programme.

The terms and conditions of the Safe Pass programme specify that participants repeat the programme every four years. This condition is endorsed by the construction unions, employer bodies, the Health & Safety Authority and the Department of the Environment, Heritage and Local Government. It is the collective view of the Social Partners that, given the nature of the work involved and the number of fatal and non-fatal accidents in the industry, this is a necessary awareness programme to provide a safer working environment.

Similar factors apply to the FÁS CSCS skills card.

Work Permits.

Leo Varadkar

Ceist:

340 Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment if he will assist a person (details supplied) in Dublin 15, in obtaining a work permit; and if he will make a statement on the matter. [13990/08]

The Employment Permits Section of my Department informs me that they have no record of a work permit being applied for in this case.

However, if the above named is resident in the State on the basis of being a spouse of an employment permit holder then he may be eligible to seek employment and apply for a permit under the Spousal/Dependant Permit Scheme. This Scheme was introduced to give greater ease of access to employment for spouses who have been admitted to the State under Family Reunification by:

Not requiring the employer in question to advertise the job with FÁS/EURES in advance of making a work permit application,

Accepting applications for jobs in categories that would otherwise be ineligible for work permits, and

Exempting the application from the work permit fee.

Full details of the Scheme are available on my Department's website at www.entemp.ie.

Leo Varadkar

Ceist:

341 Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment if there is provision under the work permit system for specialised butchers for religious purposes as distinct from general butchers; and if he will make a statement on the matter. [14016/08]

It is current Government policy to issue new employment permits for highly skilled highly paid positions or for non-EEA nationals already legally resident in the State on valid employment permits.

Applications in respect of specialized butchers, like all other applications, are considered on a case-by-case basis in line with current policy.

FÁS Training Programmes.

Leo Varadkar

Ceist:

342 Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the difficulties in accrediting trainers for construction skills certification scheme courses; and if he will make a statement on the matter. [14020/08]

The FÁS/Enterprise Ireland National Registrar of Trainers (NRT) was established in 2004. The role of the NRT is to operate as an independent approval mechanism for the inclusion of trainers and training organisations on the National Register.

I understand that the Registrar for the National Register of Trainers is not aware of any difficulties in accrediting trainers for the Construction Skills Certification Scheme.

Leo Varadkar

Ceist:

343 Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the factors which may result in those construction skills certification scheme courses due to come into force on 1 May 2008 being delayed; and if he will make a statement on the matter. [14021/08]

I understand that FÁS has developed a series of training/assessment programmes to comply with Construction Skills Certificate Scheme legislative requirements.

FÁS is working closely with the relevant industry and regulatory bodies to minimise possible delays which may occur in relation to three specific courses.

Consultancy Contracts.

Olivia Mitchell

Ceist:

344 Deputy Olivia Mitchell asked the Minister for Enterprise, Trade and Employment the consultants who carried out work for his Department or for any body under the auspices of his Department during 2007; if each consultant was an individual or a firm; the amount earned by each consultant in 2007; the basis of the calculation of same; the rate per hour, day, week, month or other period payable in each case; if in each case the consultant was engaged to prepare a report or to carry out work; if in the case of a report being prepared the report has been published; if not, when the report will be published; and if he will make a statement on the matter. [14104/08]

The information relating to work carried out for my Department during 2007, and for which my Department was the lead Department, is set out in the following tabular statement.

In relation to consultancies engaged by the Agencies, this is a day-to-day operational matter for the Agencies concerned and one in which I have no function.

Name of Consultants

Individual or Firm

Amount Earned

Basis of Calculation***

Was Consultant engaged to prepare a report or carry out work?

Is report published? Y/N (if no provide explanation)

Comment (if any)

HELM Corporation Ltd.

Firm

€8,145.76 (incl. VAT and ancillary charges)

Based on fixed daily rate as per contract

Carry outwork — to provideadvice and support on the optimisation of the ORACLE Financial Management system in the Department

Not applicable

Mazars

Firm

€10,482.23 (incl VAT)

Price agreed by contractAverage daily rate @ €645

Audit services

N/A

Kilroys Solicitors

Firm

Nil

€375 per hour

Work

No — occasional legal advice provided

Although work was carried out by the solicitors in 2007, the work was not invoiced in that year

Corporate Risk Strategies Ltd (CRS)

Firm

€24,200.00 incl. VAT

The Department issued a Request for Tender for the appointment of a Competent Person in the Health and Safety area to advise the Department on the full implications of implementing the Safety, Health and Welfare at Work Act 2005, on the premises of the Department on the basis of a budget of approximately €20,000 plus VAT which was the amount deemed appropriate by the Department for the amount of work involved.

The Consultants were engaged to prepare a Health and Safety report on each of the Department’s buildings together with the appropriate Safety Statements.

No — reports are for internal use within the Department.

ESRI

Public Service body

€84,231.97incl. VAT

Third and final payment in line with agreed payment schedule

Consultants engaged to carry out work and prepare a report

Yes

2 payments made in 2006

Tom Walsh

Individual

€81,493.20incl. VAT

Per contract — linked to Assistant Secretary salary scale

To carry out work

Work not yet complete

Arup Consulting Engineers

Firm

First payment of € 24,051.69 incl. VAT made in 2007

First tranche of 3 payments in line with agreed payment schedule

Consultants engaged to carry out work and prepare a report

Work not yet complete

Remaining 2 payments to be made in 2008

Indecon Economic Consultants

Firm

€30,000.00

1/3 payment of cost of Consultancy Study

To prepare a report.

No. The report contributed to the Government policy formulation process.

Name of Consultants

Individual or Firm

Amount Earned

Basis of Calculation***

Was Consultant engaged to prepare a report or carry out work?

Is report published? Y/N (if no provide explanation)

Comment (if any)

Indecon Consultants

Firm

€111,244.00 inclusive of VAT

60% of payment due under fixed amount contract awarded by tender process.

Prepare a Report — Value for Money Review of Science Foundation Ireland

No — Report is still being finalised. Report is scheduled to be published in Q2 2008.

30% of contract price was paid at beginning of project, and 30% on production of a draft report. The remaining 40% will be paid on project completion

The Media Group

Firm

€135,000.00 inclusive of VAT

Calculation based on costed proposals for the roll out and management of a National promotion and media campaign

To carry out work

N/A

Consultants engaged to devise, implement & manage a national promotion & advertising campaign across a range of media for the ICT Audits Programme for Small Business in Ireland

Noel J. Travers BL

Individual

€9,377.50

70 hrs @ €125 per hr. + 21% VAT

Drafted a legal instrument.

N/A

Amount earned included a discount

RITS*

Firm

€118,928.00

Fixed Price Contract for €100,775. Balance paid according to agreed daily rates.

To prepare a series of reports.

No — Reports were for internal use only as they deal with sensitive Information Security matters.

Version 1*

Firm

€7,187 .00**

Fixed Price Contract

To prepare a report.

No — Report was for internal use only as it was a review of internal business operational processes.

Indecon Economic Consultants

Firm

€30,000.00

1/3 payment of cost of Consultancy Study

To prepare a report.

No. The report contributed to the Government policy formulation process.

Work Research Co-operative Social & Economic Consultants

Firm

€79896.30 = total cost of the research study. (€26,632.10 was paid in Nov. 2007)

5 person months of work + costs

To prepare a report

No — preparation of the report is ongoing.

Goodbody Economic Consultants

Firm

€47,190.00 = total cost of the review. (€23,595 was paid in Nov. 2007)

39.5 days + costs

To prepare a report

No — Draft final report of review is currently being considered

Farrell Grant Sparks

Firm

€55,100.00 (excl VAT)

A number of individuals were involved and the average daily rate for them was €1,125.

Both

Yes

The work commenced in 2006 and the report was published in December 2007

MRPA Kinman Communications

Firm

€5,280.00 (excl VAT)

A number of individuals were involved and the average hourly rate for them was €181.

PR for launch of Human Capital Investment OP and ESF 50th Anniversary

No

The work was carried out and completed in December 2007

Name of Consultants

Individual or Firm

Amount Earned

Basis of Calculation***

Was Consultant engaged to prepare a report or carry out work?

Is report published? Y/N (if no provide explanation)

Comment (if any)

Indecon Economic Consultants

Firm

€5,086.60 — paid in January 2007

Labour + costs

To prepare a report

Yes.

Work Research Cooperative (WRC)

Firm

Final 6 months of original contract 2001-7 costing €243,801.00 €225,467.00 extension of contract for 6 months July-December 2007. Total = €469,268.00

Amount for which contract was awarded based upon adaily rate (220 + 220) 440 number of days and direct costs, such as foreign/local travel and subsistence, external web support, events organization etc.

Carry out work by providing Technical Support for the Department on the co-funded ESF EQUAL Community Initiative.

N/A

The Department is reimbursed 50% of these costs by the European Commission.

Tom Ferris

Individual

€2,997.00

25% of total payment; 75% received in 2006; total made up of 14 days work at €800 per day plus €788 expenses = €11,988

To carry out six case studies investigating the administrative burdens arising due to regulation and to prepare a report

No — The report itself is not published but it is summarised in the Business Regulation Forum Report, which was published in April 2007

Dan Flinter

Individual

€8,643.09

3.5 days work at €2,000 per day plus €143.05 expenses and €1,500.04 VAT

To facilitate two business workshops, examining the burdens of regulation on business

No — A report on the results of the workshops was prepared and presented to the High Level Group (HLG) on Business Regulation. This informed the Work Programme of the HLG and will be reported on as part of the HLG’s report to the Minister in July this year.

Nathan Reilly

Individual

€7,052.63

Hourly

Carry out work

N/A

Keating and Associates

Firm

€32,670.00

Per contract following Tender

Carry out work (Communications Strategy for ODCE)

N/A

Millward Brown IMS

Firm

€44,789.66

Per contract following Tender

Carry out work (Market Research for ODCE)

N/A

Cyril O’Neill

Firm

€13,272.88

See comment across

Carry out work (Legal Costs Assessment for ODCE)

N/A

Legal Costs Accountants charge on the basis of a sliding scale of percentages of the Professional Solicitor’s (only) portion of the bill. In complex cases an hourly charge may be made.

Name of Consultants

Individual or Firm

Amount Earned

Basis of Calculation***

Was Consultant engaged to prepare a report or carry out work?

Is report published? Y/N (if no provide explanation)

Comment (if any)

Connolly Lowe

Firm

€2,588.18

See comment across

Carry out work (Legal Costs Assessment for ODCE)

N/A

Legal Costs Accountants charge on the basis of a sliding scale of percentages of the Professional Solicitor’s (only) portion of the bill. In complex cases an hourly charge may be made.

PriceWaterhouseCoopers

Firm

€121,052.65

Agreed in advance on the basis of the complexity of the assignment

Carry out work (Forensic Accounting Assignment for ODCE)

No — Report for the use of ODCE only in relation to its casework

Carr Communications

Firm

€45,372.00

Carry out work

N/A

Arekibo

Firm

€60,121.88

Carry out work

N/A

Millward Browne

Firm

€27,061.65

Carry out work

N/A

Grant Thornton

Firm

€57,520.98

Carry out work

N/A

DNM Technology

Firm

€4,840.00

Carry out work

N/A

Enterprise Registry Solutions

Firm

€1,177,088.01

Carry out work

N/A

O’ Mara, Geragthy, Mc Court1

Firm

€35,086.00

€8,470 per month, plus incidentals

Provision of legal services

N/A

Q41

Firm

€18,150.00

€9,075 per month

Public relations services

N/A

Ongoing

AMAS1

Firm

€26,916.00

Daily rate ranging from €508 to €1,143 depending on seniority of consultants and time involved.

Website maintenance & development

N/A

Ongoing

Parallel Internet Ltd1

Firm

€12,826.00

Agreed lump sum

Web development

N/A

Nearing completion

Owens DDB1

Firm

€128,566.00

Daily rate ranging from €395 to €702, depending on seniority of consultants and time involved. The amount incurred also includes the cost of publishing the advertisements in various media. e.g. Press and TV

Advice on advertising and placing of same in various media

N/A

Ongoing

DKM Economic Consultants

Firm

€1,210.00

Agreed lump sum

Research on multi-unit developments

Yes

Completed

RPS Consultants

Firm

€9,575.00

Agreed lump sum

Research on energy policy

No, but it is available on request

Completed

Note
1The data is in respect of expenditure paid by the Office of the Director of Consumer affairs and the Interim National Consumer Agency during the period 1 January to 30 April 2007. The amounts are inclusive of VAT.
*All figures include VAT
**This figure, which was paid in 2007, is 30% of the agreed contract — the balance (€16,771) was paid in 2008
***In certain cases details relating to hourly rate and daily rate are not submitted due to their commercial sensitivity

Work Permits.

Willie Penrose

Ceist:

345 Deputy Willie Penrose asked the Minister for Enterprise, Trade and Employment if his Department put in place the operation of work in Ireland programmes; if all issues in relation thereto have been finalised in order to enable working holiday visas for applicants to the work in Ireland programme via USIT to be operated; and if he will make a statement on the matter. [14178/08]

The Government recognises the value of international work and travel programmes for students. They contribute to the development of lasting links with other countries and provide valuable experience for students themselves. The operation of Work In Ireland programmes is overseen by the Department of Foreign Affairs. That Department, in cooperation with my Department and the Department of Justice, Equality and Law Reform, has been in consultation with USIT in relation to implementing new procedures for the operation of its Work In Ireland programmes to ensure the continuation of these programmes, as appropriate, in a way that benefits young Irish people and young people from those other countries to which these arrangements apply. Finalized new procedures were issued to USIT on 17 December by the Department of Foreign Affairs, which liaises with USIT regarding the operation of the programmes. I understand from that Department that applications to USIT for Summer 2008 travel and work programmes have recently begun and that no procedural difficulties have been indicated.

Michael Noonan

Ceist:

346 Deputy Michael Noonan asked the Minister for Enterprise, Trade and Employment when a work permit will be issued to the employer’s of a person (details supplied); and if he will make a statement on the matter. [14244/08]

The Employment Permits Section of my Department informs me that this application was returned to the employer for completion on the 31/10/2007 and to-date they have no record of the completed application being returned to the Section.

Job Creation.

Charlie O'Connor

Ceist:

347 Deputy Charlie O’Connor asked the Minister for Enterprise, Trade and Employment the number of new jobs created in the Tallaght, Dublin 24 area with the aid of State support for the years 2002 to 2007. [14542/08]

Employment data in respect of companies supported by the Enterprise Agencies is collated by Forfás on a county-wide basis.

The following table outlines the full-time jobs created in enterprise agency supported firms (Enterprise Ireland and IDA Ireland) in County Dublin in the years 2002 to 2007 inclusive. Full time permanent employment in enterprise agency supported firms in Co. Dublin stood at 55,922 permanent jobs at end 2007.

In addition, during the period from 2002 to 2007, South Dublin County Enterprise Board, which includes the Tallaght area, assisted in the creation of a net total of 108 jobs.

Full-time Jobs Created

2002

2003

2004

2005

2006

2007

Total Jobs Created ’02 to ’07

Dublin

8,926

7,870

9,421

9,929

10,670

9,106

55,922

Charlie O'Connor

Ceist:

348 Deputy Charlie O’Connor asked the Minister for Enterprise, Trade and Employment if he will press the State agencies in respect of the job creation needs of Tallaght, Dublin 24 bearing in mind recent announcements of job losses (details supplied); if his attention has been drawn to the particular needs of Tallaght in this regard; and if he will make a statement on the matter. [14543/08]

I am aware of the significance of the job losses for Tallaght and every effort is being made to create new employment opportunities in the area. The Industrial Development agencies under the aegis of my Department are adopting a coordinated approach in dealing with the situation and in making the companies aware of the supports available to assist their workforces.

At present, IDA Ireland is working with its existing client base to help them to further develop their businesses as well as providing world-class property solutions with supporting infrastructure. The development of the Grangecastle Business Park, combined with the development of the City West Business Park, will ensure that Tallaght and the surrounding area is an attractive location for investment. The Microsoft Corporation has selected Grangecastle for its new data centre and Wyeth Biopharma has announced that it is investing in the creation of dedicated Research and Development and process development facilities.

Current Enterprise Ireland activity focuses on the retention and creation of new jobs in indigenous enterprises and on the creation of new jobs through supporting entrepreneurs who are setting up high potential start-up companies. The agency supports the provision of incubation space for start up companies and works towards enhancing the innovation capability of its client companies. The M50 Enterprise Platform Programme is underway in the Institute of Technology in Tallaght, in conjunction with Blanchardstown Institute of Technology and Dublin City University. This is a one-year rapid incubation programme designed for entrepreneurs who wish to start their own business. The agency works closely with the Tallaght Institute of Technology in encouraging the commercialisation of research and has approved financial support of over €2.6m to the Institute for the development and management of a Campus based Incubation Centre. The agency has also approved support for a Centre of Excellence at the Institute in Microsensors for Clinical Analysis.

I can assure you that the Industrial Development agencies, together with the South Dublin County Enterprise Board and other interested parties, will continue to promote and market Tallaght in order to bring about further job creation in the area.

Job Losses.

Charlie O'Connor

Ceist:

349 Deputy Charlie O’Connor asked the Minister for Enterprise, Trade and Employment if he will have his officials contact a business (details supplied) in Dublin 24 where proposed job losses were announced in April 2008; if he will confirm that every assistance will be given to the workers; and if he will make a statement on the matter. [14544/08]

I have had enquiries made into the matter and am not aware that job losses are envisaged by the business referred to by the Deputy. I would be grateful therefore if the Deputy could provide me with any additional information available to him.

Employment Rights.

Tony Gregory

Ceist:

350 Deputy Tony Gregory asked the Minister for Enterprise, Trade and Employment if he will introduce regulations to ensure that employers are compelled to attend hearings of rights commissioners rather than invited to do so; and if he will make a statement on the matter. [14590/08]

Rights commissioners operate as a service of the Labour Relations Commission and are independent in their functions. Rights commissioners investigate disputes, grievances and claims that individuals or small groups of workers referred under legislation in the fields of employment rights and industrial relations. Rights commissioners issue the findings of their investigations in the form of either decisions or non-binding recommendations, depending on the legislation under which a case is referred.

Under the majority of cases heard under employment rights legislation, the decision of the rights commissioner can be enforced through the Circuit Court, so it is in the interest of the employer to attend the rights commissioner hearing. If an employer does not attend a hearing of a case before a rights commissioner, the commissioner will make a recommendation based on the evidence of the complainant(s).

In line with the voluntarist nature of industrial relations, the recommendation of a rights commissioner in a case heard under the Industrial Relations Acts is not enforceable. If an employer does not attend a hearing of a case before a rights commissioner, the commissioner will make a recommendation based on the evidence of the complainant(s). If an employer objects to the hearing of a case by a rights commissioner under the these Acts, the worker is entitled to refer the case to the Labour Court under section 20(1) of the Industrial Relations Act 1969.

I am satisfied that the current arrangements are appropriate having regard to the issues dealt with by rights commissioners and I have no plans to amend these procedures.

Bullying in the Workplace.

Tony Gregory

Ceist:

351 Deputy Tony Gregory asked the Minister for Enterprise, Trade and Employment if he will introduce regulations to ensure that victims of serious workplace bullying have recourse to the courts; and if he will make a statement on the matter. [14591/08]

Every employer has a duty under the Safety, Health and Welfare at Work Act 2005, to ensure, so far as is reasonably practicable, the safety, health and welfare of their employees and to manage and conduct work activities in such a way so as to prevent, as far as is reasonably practicable, any improper conduct or behaviour likely to put the safety, health and welfare at work of their employees at risk.

The 2005 Act also applies to employees in relation to their duties not to engage in improper conduct or behaviour likely to endanger their own safety, health and welfare at work or that of any other person.

In April 2007, a revised Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work was published. The Code, which became effective on 1 May 2007, provides practical guidance for employers and employees on identifying and preventing bullying at work arising from their duties under the 2005 Act.

A significant element of the Code places an emphasis on the resolution of incidents of bullying using an informal process and professional mediation services. The Code reflects the legal requirement that employers carry out a risk assessment, and where bullying is identified as a hazard, they ensure that it is included in the safety statement.

Where a case of bullying arises and if internal processes fail, the Code states that an appeal should be referred to the Rights Commissioner Service of the Labour Relations Commission under the Industrial Relations Acts. If the recommendation of the Rights Commissioner is not acceptable, an appeal may be made to the Labour Court.

There is nothing preventing any party from pursuing a case through the Law Courts if they so wish. In light of this and having regard to the procedures in place, no regulations along the lines suggested are considered necessary.

Community Employment Schemes.

John Cregan

Ceist:

352 Deputy John Cregan asked the Minister for Enterprise, Trade and Employment when changes will be made to the present guidelines governing community employment schemes to ensure that participants who are aged 55 years and older, who have a disability, are granted further extensions on the schemes; and if he will make a statement on the matter. [14594/08]

Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons (including those with a disability) with an opportunity to engage in useful work within their communities on a fixed term basis. CE helps unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and to assist them to enhance and develop both their technical and personal skills.

In November 2004, to cater for older workers in particular, I revised the 3 year CE participation limit to allow those of 55 years of age and over to avail of a 6-year period on CE. Subsequently, the participation limit for persons eligible for CE based on a Social Welfare disability linked payment (including those under 55 years) was increased by 1 year. These measures were introduced in recognition of the fact that older participants and participants with a disability may find it more difficult to progress into the open labour market.

The aim of CE still remains as an active labour market programme with the emphasis on progression into employment. The programme is managed within this context, with consideration to the availability of resources and the needs of participants and the community. However, it should be remembered that, in so far as participants remain on CE, they are precluding someone else from benefiting from the programme. FÁS makes every effort to ensure that differing levels of demand between neighbouring schemes are equalised. FÁS also operates the programme flexibly as far as possible to ensure the continuation of community projects.

In conclusion then, I would say that this Government will continue to support the positive role of CE in meeting the needs of long-term unemployed persons while at the same time providing essential services to communities. In this regard, we are keeping the operation of the Scheme under constant review.

Unemployment Levels.

John Deasy

Ceist:

353 Deputy John Deasy asked the Minister for Enterprise, Trade and Employment if the rapid increase in unemployment in County Waterford in the past year has been drawn to his attention and the fact that the live register numbers in Waterford have increased by almost 34% between March 2007 and March 2008 and by 13.5% between February and March 2008 alone; the actions he plans to take to remedy this situation; and if he will make a statement on the matter. [14633/08]

The increase in the live register figures in the year to March 2008 in County Waterford is consistent with the level of increase in the live register in the South-East region as a whole.

The Department of Social and Family Affairs maintains the Live Register. The total number of people recorded on the live register for March, 2008 is 197,992. The Live Register is not designed to measure unemployment. It includes part-time, seasonal and casual workers entitled to unemployment benefits.

Unemployment is measured by the Quarterly National Household Survey, collated and published by the Central Statistics Office. The most recent Quarterly National Household Survey, Quarter 4, 2008 indicates that employment increased nationally by 66,800 or 3.2% in the year. Employment increased in the South-East region by 7,900 or 3.6% in the year.

The increase in the live register figures, while unwelcome, must be seen in the context of the major increase in employment over the last number of years, with the anticipated period of adjustment now being experienced. The predictions for the medium term are for continued employment growth, albeit at a slower pace than that experienced to date.

The most recent FÁS/ESRI Employment and Vacancies Survey for February 2008 shows that the percentage of firms reporting vacancies across all sectors is 10%, indicating that there are employment opportunities.

FÁS provides an integrated support service for anyone made redundant. This involves information sessions, skills analysis, training/retraining courses and job placement. In the delivery of these services, FÁS liaises with other relevant agencies such as Enterprise Ireland, IDA Ireland, the City/County Enterprise Boards and the Department of Social and Family Affairs. IDA Ireland is actively engaged with its existing client base in County Waterford to encourage their transition to higher value activities and to promote further investment in Ireland. The Agency is concentrating its efforts on the gateway city of Waterford and the hub town of Dungarvan and is involved in the development of world class property solutions in both locations to meet the needs of new and existing clients.

Also, IDA Ireland works closely with third level educational institutes in the region so that the skill sets necessary to attract high-value employment to the county are being developed.

Employment Rights.

James Bannon

Ceist:

354 Deputy James Bannon asked the Minister for Enterprise, Trade and Employment if his Department has an official checking system in place to ensure that non-Irish national nurses working in public hospitals are paid according to the official pay-scale agreed by the Department of Health and Children for all nursing staff; and if he will make a statement on the matter. [14663/08]

This is a matter in the instance for the Department of Health and Children and/or the Health Service Executive.

The National Employment Rights Authority (NERA) is responsible for the enforcement of the minimum rates of pay provided under the National Minimum Wage Act 2000 and the rates provided for under the Employment Regulation Orders and Registered Employment Agreements. While nurses would be covered by the National Minimum Wage Legislation, their rates of pay exceed the National Minimum Wage. Accordingly NERA does not have any practical role in the enforcement of Department of Health and Children pay scales for nursing staff.

Job Creation.

James Bannon

Ceist:

355 Deputy James Bannon asked the Minister for Enterprise, Trade and Employment his views on whether the announcement by himself of 140 new jobs for Longford on 9 April 2008 represents a solution to the rapidly rising employment levels in the county, in view of the loss of 162 jobs over the past three weeks, which in effect represents a loss of 22 jobs rather than a gain; and if he will make a statement on the matter. [14668/08]

State support for enterprise and job creation is channelled through the industrial development agencies. While I may give general policy directives to the agencies, I am precluded under the Acts from giving directives regarding individual undertakings, or from giving preference to one area over others.

The recent job losses in Longford are regretted. However, some level of job losses is inevitable in an open economy such as ours as companies adjust to changing market conditions and different sectors expand and contract.

The enterprise development agencies and FAS have a range of strategies, programmes and financial incentives in place to promote economic development, sustainable employment and skills development throughout the Midlands region. IDA Ireland, Enterprise Ireland, Longford County Enterprise Board and FAS are represented on Longford County Development Board and these agencies work with local representatives and stakeholders in delivering their mandates.

IDA Ireland's strategy for County Longford and the Midlands Region is to progress the development of a knowledge economy; in order that the region can compete both nationally and internationally for foreign direct investment. At present there are 8 IDA supported companies in Longford employing approximately 905 people. Investment like that at Abbott is very significant for Longford. IDA are working with existing clients in the County to identify new areas of opportunity and to expand their presence. The Agency also provides modern property solutions with supporting infrastructure for prospective new investors.

Employment in Enterprise Ireland client companies in Longford has been resilient. Over the past year there has been a 3.2% growth in employment in these companies, which is encouraging. Over the past 10 years employment in Enterprise Ireland clients has grown by 11 % in the County. Recent developments include the announcement of a €30m new investment in C&D Foods and a partnership with Irish Food Processors that is expected to open up new markets for the company. HT Moulding were supported by Enterprise Ireland as a high potential start-up company and now operate out of a new 20,000 sq ft purpose built factory in Longford.

I am confident that the commitment by the agencies, in collaboration with local educational institutes and utility providers, together with the roll out of commitments under the NDP will bring sustainable investment and jobs to the County.

Science and Technology Groups.

David Stanton

Ceist:

356 Deputy David Stanton asked the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 115 of 10 April 2008, the amount of money made available by Science Foundation Ireland for the SFI Young Women in Engineering Scholarship each year for the past three years respectively; and if he will make a statement on the matter. [14715/08]

The Science Foundation Ireland/DELL Scholarship — Young Women in Engineering aims to attract and encourage more high-achieving young women into third-level education in engineering disciplines. The Scholarship is supported by DELL which supplies all the scholars with laptop computers. The scheme was introduced in academic year 2006 / 2007 so to date awards were made in 2006 / 2007 and 2007 / 2008. The awards have generally been made for €8,000 per person spread over a designated four-year degree course, i.e. €2,000 per person per year. Awards have been made to ten young women in 2006 and to a further ten young women in 2007. The total amount awarded to date is €158,000. A further round of awards will take place for academic year 2008 / 2009.

Sports Funding.

Charlie O'Connor

Ceist:

357 Deputy Charlie O’Connor asked the Minister for Arts, Sport and Tourism if he plans to provide additional funding to the Community Games organisation which has announced plans to move the Health Service Executive Community Games National Finals from Mosney to Athlone; and if he will make a statement on the matter. [14919/08]

Under the Sports Capital Programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country. It is open to any sporting organisation with a suitable project to apply to my Department for funding under the Sports Capital Programme.

The Irish Sports Council is the statutorily established body with responsibility for the provision of funding to National Governing Bodies of Sport and National Associations towards programme activities.

The 2008 programme was advertised on 13th and 14th of January and the deadline for receipt of applications was 29th February for paper-based applications and 7th March for online applications.

All applications received before the deadline, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

I am delighted that the Community Games National Finals have found a new home in Athlone. My Department, through allocations under previous rounds of the Sports Capital Programme, has allocated significant funding to the sports facilities where the games will be held.

As the Deputy will be aware, current funding is a matter for the Irish Sports Council.

Arts Funding.

Olwyn Enright

Ceist:

358 Deputy Olwyn Enright asked the Minister for Arts, Sport and Tourism if his meeting with a group (details supplied) has been arranged; when same will take place; and if he will make a statement on the matter. [13882/08]

As outlined in my recent letter to the Deputy, funding for touring is provided by the Arts Council. Under the Arts Act 2003, however, the Arts Council is statutorily independent and I have no role to play in its individual funding decisions.

Olivia Mitchell

Ceist:

359 Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism if he has provided public moneys, capital or current, to an organisation (details supplied) in any of the years 2005, 2006, 2007 and to date in 2008; and if he will make a statement on the matter. [13904/08]

My Department has provided capital funding to the organisation referred to by the Deputy in each of the years referred to.

In 2004, the organisation launched a five year Capital Development Programme with the aim of developing eight regional Development Resource centres around the country, in order to enhance and develop its existing network of activities. Having considered the request for funding, my Department has awarded grant aid totalling €17.005m in all to the organisation towards the development of projects over the period of the five year Capital Development Programme.

Over €12.5m of this amount has been paid to date as follows:

Year

2005

500,000

2006

3,300,000

2007

7,100,000

2008

1,626,040

Total

12,526,040

Consultancy Contracts.

Olivia Mitchell

Ceist:

360 Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the consultants who carried out work for his Department or for any body under the auspices of his Department during 2007; if each consultant was an individual or a firm; the amount earned by each consultant in 2007; the basis of the calculation of same; the rate per hour, day, week, month or other period payable in each case; if in each case the consultant was engaged to prepare a report or to carry out work; if in the case of a report being prepared the report has been published; if not, when the report will be published; and if he will make a statement on the matter. [14099/08]

The Information requested by the Deputy is set out in the following table.

Consultant

Description

Report

Cost

O’Herlihy Communications

PR Consultants for the Department (January – September)

Not applicable

€37,800–€4,200 monthly rate

CHL Consulting

Report on the progress of the implementation of the Business Plan for 2006 and 2007 for the James Joyce Centre and to recommend on future of the centre

Completed. Not publicly available. Part of the process of consideration of on going support to the Centre.

€17,000 flat rate fee

Indecon International Economic Consultants

To analyse and evaluate the potential economic benefits to Ireland in the sporting, business and tourism areas from the London 2012 Olympic and Paralympic games

Completed. Not publicly available yet.

€114,000 flat rate fee

Holohan Leisure

To carry out an analysis of the sports facility provision in Ireland to assist the Department in developing a sports facilities strategy.

Not yet completed.

€113,740 flat rate fee

Systems Dynamics Solutions Ltd

To set up database to record results of swimming pool usage survey.

Not applicable

€6,776 flat rate fee

Raymund Burke Consulting

Independent evaluation of the Local Authority Swimming Pool Programme. Value For Money & Policy Review Report.

VFM Repot to be published shortly.

€3,354 flat rate fee

Q4

PR and Communications for Culture Ireland (Nov-Dec)

Not applicable

€12,100-€6,050 monthly rate

Charlie Pike The Pacello Group (Europe) Ltd.

Culture Ireland — Website maintenance Oct 07-Feb 08

Not applicable

€2,000 flat rate fee

Sean Cromien

Review of the Governance and Operation of the Heritage Fund

Completed. Not publicly available. Part of the process of consideration of development of Heritage Fund.

€8,000 per diem rate €800

Sports Capital Programme.

Paul Connaughton

Ceist:

361 Deputy Paul Connaughton asked the Minister for Arts, Sport and Tourism the position regarding an application for funding under the sports capital programme by a group (details supplied) in County Galway; and if he will make a statement on the matter. [14284/08]

Under the sports capital programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country.

Applications for funding under the 2008 programme were invited through advertisements in the Press on 13th and 14th of January and the deadline for receipt of applications was 29th February for paper-based applications and 7th March for online applications. All applications received before the deadline, including one from the organisation in question, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Sports Funding.

Michael Ring

Ceist:

362 Deputy Michael Ring asked the Minister for Arts, Sport and Tourism further to a previous parliamentary question (details supplied), the documentation that is outstanding in view of the fact that the club in question have submitted all the documentation which was requested. [14423/08]

Under the Sports Capital Programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country.

With respect to this provisional allocation made to the club in question in 2006, the position remains that the Chief State Solicitor's Office has yet to be furnished with the requested undertaking by the club's solicitors. The CSSO has been in contact with the club's representatives on this matter, and has advised them that the undertaking that was supplied requires to be amended.

The position with regard to the club's 2007 provisional allocation also remains unchanged, insofar as the club has yet to reply to the letter of provisional allocation issued to the club contact on 24th April 2007.

It will not be possible to progress any further with either of these allocations until all relevant documentation is received.

Sports Capital Programme.

Michael Creed

Ceist:

363 Deputy Michael Creed asked the Minister for Arts, Sport and Tourism if he will confirm receipt of an application under the sports capital grants from an organisation (details supplied) in County Cork; if in view of the excellent work being done by this sporting organisation and the lack of other facilities in the immediate vicinity he will look favourably on this application; and when his Department expects to be in a position to make these grant allocations. [14547/08]

Under the Sports Capital Programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country. The 2008 programme was advertised on 13th and 14th of January and the deadline for receipt of applications was 29th February for paper-based applications and 7th March for online applications.

All applications received before the deadline, including the one in question, will be evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Denis Naughten

Ceist:

364 Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism if he will approve an equipment grant for a centre (details supplied) in County Roscommon under the 2008 sports capital programme; and if he will make a statement on the matter. [14569/08]

Under the Sports Capital Programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country. The 2008 programme was advertised on 13th and 14th of January and the deadline for receipt of applications was 29th February for paper-based applications and 7th March for online applications.

All applications received before the deadline, including the one in question, will be evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Social Welfare Benefits.

John Cregan

Ceist:

365 Deputy John Cregan asked the Minister for Social and Family Affairs the reason the Health Service Executive has withdrawn a heating and footwear allowance from a person (details supplied) in County Limerick despite the fact that they are in receipt of an invalidity pension and their spouse is receiving carers allowance; and if he will make a statement on the matter. [14814/08]

Under the supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the HSE, 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.

The Mid-Western Area of the Executive has advised that the person concerned is in receipt of a monthly heating supplement which has not been withdrawn. Additionally the person concerned is in receipt of a monthly diet supplement. He was refused an ENP for footwear in November 2007, as it was deemed that evidence of an exceptional need had not been displayed. The Executive has stated that he was notified of the decision and advised of their right to appeal the decision to the Executive's Appeals Office.

Joan Burton

Ceist:

366 Deputy Joan Burton asked the Minister for Social and Family Affairs the number of households nationally, and in Dublin 15, in receipt of a rent supplement payment; the cost to the Exchequer of the rent supplement scheme nationally and in Dublin 15, for the years 2006, 2007 and to date in 2008; and the number of recipients of rent supplements nationally, and in Dublin 15, in the categories of single adults, couples with no children, lone parents, households with one child, households with two children, households with three or more children and households where all members of the household are non-Irish nationals. [14837/08]

The supplementary welfare allowance scheme, which includes rent supplement, is administered on my behalf by the community welfare division of the Health Service Executive.

A table follows showing the number of rent supplement recipients and expenditure for 2006, 2007 and 2008. Data on expenditure on rent supplement in the Dublin 15 area is not available.

A table also shows the number of non Irish recipients of rent supplement in 2008, nationally and in the Dublin 15 area. It is not possible to say that all members of a rent supplement recipient's household are either Irish or non Irish.

A breakdown of the number of recipients on rent supplement by household composition is not available.

Number of Recipients of Rent Supplement

Dublin 15

Nationally**

2006

2,762

59,861

2007

2,594

59,726

2008*

2,583

61,361

*11 April 2008

**Includes Dublin 15 figures.

Expenditure on Rent Supplement

Year

€000

2006

388,339

2007*

391,465

2008**

95,163

*Provisional.

**End March 2008.

Number of Recipients of Rent Supplement — Irish/non Irish

Dublin 15

Nationally

Irish

Non Irish

Other*

Total

Irish

Non Irish

Other*

Total

2008**

754

1,676

153

2,583

37,911

18,928

4,522

61,361

Willie Penrose

Ceist:

367 Deputy Willie Penrose asked the Minister for Social and Family Affairs the grant aid or financial assistance available to a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [14931/08]

The person concerned is not currently in receipt of a social welfare payment. In any event, as she already holds a primary degree and a Masters qualification which is level nine in the National Framework of Qualifications, that is, at post graduate level, she would not satisfy the qualifying conditions for inclusion under the back to education allowance scheme.

Departmental Expenditure.

Róisín Shortall

Ceist:

368 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the expenditure reviews completed by his Department in the past 10 years; and if he will provide details of those currently being conducted. [14936/08]

In June 2006, the Government decided to introduce Value for Money and Policy Reviews (VFMPR), replacing the previous Expenditure Review Initiative and strengthening the institutional arrangements underpinning the process. The Initiative is part of a framework introduced to secure improved value for money from public expenditure. Over the last ten years, the Department has completed 23 reviews under both the expenditure review and VFMPR initiatives, as set out below:

1. Miscellanous Grants to Men's and Women's Groups;

2. Family and Community Services Resource Centre Programme;

3. National Fuel and Smokeless Fuel Schemes;

4. Carer's Allowance;

5. Actuarial Review and National Pensions Policy Initiative;

6. Credited Contributions;

7. Disincentive Effects of Secondary Benefits;

8. Back to Work Allowance Scheme;

9. Report of the Working Group Examining the Treatment of Married, Cohabiting and One Parent Families under the Tax and Social Welfare Codes;

10. Free Schemes;

11. Qualifying Conditions for the Old Age (Contributory) and Retirement Pensions — Phase 1;

12. One Parent Family Payment;

13. An Evaluation of the Back to Work Allowance and Area Allowance Enterprise Scheme (Indecon);

14. Urban and Gaeltacht School Meals Schemes;

15. Payments to Orphans;

16. Illness and Disability Payment Schemes;

17. Back to School Clothing and Footwear Allowance Scheme;

18. Supplementary Welfare Allowance — Phase 1;

19. Back to Education Allowance;

20. Income Supports for Lone Parents and Parents on Low Income;

21. Medical Certification, Reporting, Review and Assessment for Illness, Disability and Carers' Schemes

22. Supplementary Welfare Allowance — Phase 2;

23. Application of the Unemployment Benefit and Assistance Schemes Conditions to Workers who are not employed on a full-time basis.

There are three other VFM reviews currently being conducted. These are reviews of payments to Carers, the Department's Information Services, and Disability Allowance. Two policy reviews were also included under the current round of reviews — the Green Paper on Pensions was completed in October 2007, while a review of the Combat Poverty Agency is ongoing.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

369 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the basis on which the community welfare officer came to the conclusion that an exceptional needs payment is not warranted at this time as per his reply to Parliamentary Question No 565 of 2 April 2008 in view of he fact the person in question had to borrow to meet arrears and the meeting with the money advice and budgeting service did not deal with the arrears and that they must repay their borrowings; and if he will make a statement on the matter. [14993/08]

Under the supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the HSE, 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.

The Health Service Executive has advised that the person concerned is in receipt of a rent supplement (in addition to a one parent family payment, and a reduced rate illness benefit payment) at the maximum rates payable appropriate to her circumstances.

The Community Welfare Officer (CWO) has confirmed that the payment of an ENP is not warranted in this particular case as the arrears of rent arose, not due to a reduction in social welfare payments to the person concerned, but as a result of non payment of rent which is not regarded as an exceptional need.

The Executive have further advised that the person concerned, on the advice of the (CWO), contacted the local Money Advice and Budgeting Service (MABS), which provides assistance to people who are over-indebted and need help and advice in coping with their debt problems. The CWO has been in contact with the person concerned a number of times before and also since the rent arrears arose and he has in each instance outlined the level of social welfare payments due to her in addition to outlining the breakdown of each specific welfare payment.

The person concerned was previously informed of her right to appeal the decision to the designated appeals officer of the Executive and it is still open to the person concerned to appeal the decision should she wish to do so.

Michael Ring

Ceist:

370 Deputy Michael Ring asked the Minister for Social and Family Affairs if a matter has been finalised for a person (details supplied) in County Mayo as it has been ongoing for quite some time; and if so, the outcome of same. [13933/08]

A Social Welfare Inspector is currently examining further details received on 11 April 2008, regarding the earnings of the person concerned. A decision on his jobseeker's allowance claim will be made as soon as possible and he will be notified of the outcome.

Michael Ring

Ceist:

371 Deputy Michael Ring asked the Minister for Social and Family Affairs the recommended or targeted time for the processing of child benefit applications; and if he will make a statement on the matter. [14022/08]

Michael Ring

Ceist:

372 Deputy Michael Ring asked the Minister for Social and Family Affairs the number of applications for child benefit which were submitted to his Department over twelve months ago or more and are still awaiting a decision; and the nationality of the applicants. [14023/08]

Michael Ring

Ceist:

373 Deputy Michael Ring asked the Minister for Social and Family Affairs the number of applications for child benefit that are currently waiting on a decision by his Department. [14024/08]

Michael Ring

Ceist:

374 Deputy Michael Ring asked the Minister for Social and Family Affairs the average processing time by his Department for child benefit claims. [14025/08]

Michael Ring

Ceist:

375 Deputy Michael Ring asked the Minister for Social and Family Affairs the number of staff currently working in the child benefit section of his Department; his plans to increase this number; and if he will make a statement on the matter. [14026/08]

I propose to take Questions Nos. 371 to 375, inclusive, together.

Child benefit section received over 90,000 new applications in 2007 for some 113,000 children of which some 65,000 were for children born in Ireland. The target time for processing of Irish-born child benefit applications is 90% of claims within two weeks of receipt.

Claims for Irish-born children are processed in an automated or semi-automated manner — using data received electronically from the General Registrars Office. As a result, this target is regularly met for Irish-born children. Childcare Supplement is paid automatically when Child Benefit is awarded and some 65,000 Irish-born children were paid in this manner in 2007.

Approximately 13,000 claims that were received before April 2007 are at various stages of processing. Almost all these claims relate to foreign nationals and are to be decided under EU regulations. Approximately 80% of the claims are from Polish nationals and the balance is comprised largely of persons from the other accession states.

In total, some 30,000 claims are on hand to be finalised. Of these, approximately 20,000 relate to claims for non-resident children under EU regulations. The balance relate mainly to non-Irish nationals, resident in Ireland with their families. These customers must satisfy the habitual residency test to qualify for payment. This involves the completion of an enquiry form, and checks regarding the customer's employment, the family's residency status and other circumstances. These checks can take some time to complete. Of the 30,000 claims on hand, some 50% have been partly processed and are awaiting further information from either the customer or the authorities in the claimant's home country to allow them to be finalised.

There are currently 96 permanent and 10 temporary staff working in the child benefit section. The temporary staff have been employed since September 2007 specifically to deal with arrears of claims from non-Irish nationals. A review of processes in the section has recently been concluded and further additional resources are being assigned, bringing the staffing level including both permanent and temporary staff to 115.

The increase in staff numbers, coupled with the use of extensive overtime and the implementation of a number of other process improvements, will result in an improvement in processing time and a reduction in the numbers of claims on hand during 2008.

Pension Provisions.

Bernard J. Durkan

Ceist:

376 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the position regarding the qualification of a person (details supplied) in County Kildare for a combined Irish/UK pension on foot of their late spouse's Irish/UK contributions; and if he will make a statement on the matter. [14086/08]

The person concerned is in receipt of maximum rate Widow's (Contributory) Pension of €203.30 plus € 21.90 fuel allowance, per week. As her spouse had worked in England, the relevant information was referred to the Department of Social Security in Newcastle upon Tyne (DHSS) to assess her eligibility for a widow's pension. It is a matter for that Department to advise the person concerned of her entitlement. Reminders have issued to the DHSS in this case.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

377 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if rent supplement allowance will be increased in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [14087/08]

The supplementary welfare allowance scheme, which includes rent supplement, is administered on my behalf by the community welfare division of the Health Service Executive (HSE).

Rent supplements are subject to a limit on the amount of rent that an applicant for rent supplement may incur. The maximum rent limits are set out in regulations. However, the HSE may, in respect of sub-divisions of its functional area and depending on local circumstances, set rent limits below the maximum limits provided for in the regulations.

The regulations provide that the maximum amount of rent in respect of which a supplement is payable in respect of a person with two children living in Kildare, is €1,200 a month. However, the HSE has determined that the appropriate rent limit, for a family of this size and in the area where the person in question reside, to be €1,050 a month.

The HSE has been informed that the rent payable by the person in question has increased by 26% from €950 to €1200 a month. The Executive considers the increased rent to be in excess of its local rent limit for a person of her family composition and size. The HSE has provided the person concerned with a three month period from 28 February 2008 to either secure alternative accommodation at a rent within the local limit or to re-negotiate the level of rent increase with the landlord in question.

Setting maximum rent limits higher than are justified by the open market would have a distorting effect on the rental market, leading to a more general rise in rent levels. This in turn would worsen the affordability of rental accommodation unnecessarily, with particular negative impact for those tenants on lower incomes.

Social Welfare Appeals.

Bernard J. Durkan

Ceist:

378 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when a one parent family allowance appeal will be heard in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [14088/08]

I am advised by the Social Welfare Appeals Office that the status of this appeal remains unchanged from the position as outlined in my reply to the Deputy on 8th April 2008 to PQ 284.

The Social Welfare Appeals Office is an office of my Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Pension Provisions.

Michael Ring

Ceist:

379 Deputy Michael Ring asked the Minister for Social and Family Affairs if, in view of the weakening currency, in particular the sterling and the US dollar and the number of recipients of pensions from the UK and USA, a more realistic figure will be taken when assessing those pensions as means or if his Department will amend their currency conversion formula for assessing means on a more regular basis to reflect the actual means received by people; and if he will make a statement on the matter. [14096/08]

My Department is aware of the appreciation in the exchange rate of the Euro against both Sterling and the US Dollar. In relation to Sterling my Department uses the conversion mechanism provided for under Article 107 of Council Regulation (EEC) No. 574/72 on Social Security for Migrant Workers when assessing means deriving from payments received from EU Member States (including U.K.) which do not form part of the EMU currencies. The exchange rates for converting Sterling and other non-EMU currencies are published quarterly in the Official Journal of the European Union.

Under this mechanism the Sterling conversion rate used when assessing new claims for means testing purposes is derived from the average of the daily exchange rates in the first month of a quarter. This rate is then used in all conversions during the course of the succeeding quarter. Alternatively the conversion rate applicable to the next succeeding quarter is used if it is more beneficial to the customer. When reviewing customers who are in receipt of British pensions the exchange rate used to convert Sterling is the rate applicable to the second quarter (i.e. the quarter in which the British pension increase occurred) or the third quarter if that is more beneficial. A similar conversion mechanism is used in determining the exchange rate for converting the US Dollar to the Euro. In this case the Dollar conversion rate used in the means testing of new claims is the average of the daily exchange rates in the three months of the previous quarter.

When reviewing customers who are in receipt of US Pensions the exchange rate used to convert the dollar is the rate applicable to the first quarter (i.e. the quarter in which US pensions increase) or the second quarter if that is more beneficial.

Currently there are approximately 8,900 customers of the State Pension (Non Contributory) scheme who are also in receipt of a British Retirement Pension with a further 600 customers in receipt of a US Pension. My Department does not generally review these pensioners specifically because of movements in the exchange rate. However it is open to any pensioner who believes they may be entitled to an increase in the rate of their State Pension (Non Contributory) payment to seek to have their means reviewed.

It should be noted that changes to the value of a British or US pension due to currency fluctuation may well be offset by annual increases to the rate of those pensions that have yet to be included in the assessment and consequently the customer's State Pension (Non Contributory) payment may be unchanged or even reduced as a result of a review. In this regard the Department is aware that the British Retirement Pension (including graduated pension rates) has been increased by 3.9% effective from the 7th April 2008.

Michael Ring

Ceist:

380 Deputy Michael Ring asked the Minister for Social and Family Affairs if he will reconsider the means assessment of a person (details supplied) in County Mayo in view of the current value of Sterling. [14097/08]

A Widower's Non Contributory Pension is a means tested payment payable to a widow or widower whose income falls below a certain limit and who does not satisfy the contribution conditions for Widowers Contributory Payment.

This customer applied for Widows Non Contributory Pension on the 15th of December 2007. Following an assessment of her means she was awarded a reduced rate Widows Non Contributory Pension of €20.30 per week from the 4th January 2008.

A Deciding Officer has now reviewed the customer's means based on the sterling exchange rate applicable to the second quarter of 2008 and has determined that she is entitled to a higher rate of pension of €27.80 per week from 11th April 2008. The person has been informed in writing of the revised decision.

If the person is dissatisfied with the revised decision she has the right to appeal to the Social Welfare Appeals Office.

Olwyn Enright

Ceist:

381 Deputy Olwyn Enright asked the Minister for Social and Family Affairs his policy on the screening of submissions to his Department as part of the public consultation for the Green Paper on Pensions; and if he will make a statement on the matter. [14197/08]

The Green Paper on Pensions was published on the 17th October 2007, beginning a period of consultation on our pensions system. This consultation process will continue until the end of May 2008 and work will then begin on developing a framework for future pensions policy.

To date, over 130 written submissions have been received by my Department and can be viewed on the dedicated website — www.pensionsgreenpaper.ie. In addition, my Department hosted six regional seminars around the country to gather people's views on the key issues of concern to them. A comprehensive report will be drawn up on the consultation process and the views expressed through the written submissions and the seminars.

Correspondence received by the Department, labelled by the authors as Green Paper submissions, but which, for example, are queries about personal circumstances, are not categorised as submissions but are dealt with by my Department through its usual channels. In addition, items of personal correspondence are not deemed to be a submission. Finally, names of persons or organisations are usually removed from people's submissions in order to maintain anonymity.

I am confident that the consultation process has been an open and inclusive one and that all those who wished to make their views on pensions known have had the opportunity to do so.

Social Welfare Benefits.

Jack Wall

Ceist:

382 Deputy Jack Wall asked the Minister for Social and Family Affairs his plans to amend the fuel allowance scheme to ensure that it covers twelve month periods rather than a section of the year as at present; and if he will make a statement on the matter. [14224/08]

The national fuel allowance scheme assists householders on long-term social welfare or health service executive (HSE) payments with meeting the cost of their heating needs during the winter season. The allowance represents a contribution towards a person's normal heating expenses. It is not intended to meet those costs in full.

Improvements to the fuel allowance in recent years include an easing of the means test, extending the duration of the fuel season and an increase in the rates of payment. Budget 2006 provided for an increase in the rate of fuel allowance of €5.00 from €9.00 to €14.00 (€17.90 in designated smokeless areas) and Budget 2007 increased the rate of fuel allowance by €4 from €14 to €18 (€21.90 in designated smokeless areas). The cumulative effect of these two Budgets has seen a doubling of the fuel allowance in this period. The income threshold for eligibility to fuel allowance was also increased by €49 from €51 to €100 above the state pension (contributory) rate.

In Budget 2008 I have extended the duration of the payment to 30 weeks in total. This increase in the duration of the fuel season brings the estimated expenditure this year to €173.1m for some 298,000 households that will benefit under the scheme. Fuel allowances are incorporated in the recipient's weekly social welfare payment. Budget resources are concentrated on providing significant real increases over and above inflation each year in all primary social welfare pension, benefit and assistance rates. This is a more costly approach than increasing fuel allowances as the increase is paid for the full year and not just for the 30 weeks of the winter heating season. Income maintenance measures for social welfare recipients are significant with rates of payments increased in the context of each budget strategy. Social welfare rates have increased at a significantly greater rate than price inflation in recent years, which has assisted social welfare households to achieve some increase in their quality of life and in their ability to meet the cost of items such as fuel. Any other changes in relation to fuel allowances would have significant cost implications and would have to be considered in a budgetary context and in the light of the resources available for improvements in social welfare generally.

John McGuinness

Ceist:

383 Deputy John McGuinness asked the Minister for Social and Family Affairs if rent allowance will be approved in the case of persons (details supplied) in County Carlow in view of the urgent need and the medical circumstances of the case. [14236/08]

The Health Service Executive has advised that it has awarded rent supplement in respect of the persons concerned for the period October 2007 to March 2008 and that all due payments have been made.

The Executive has further advised that the persons concerned have now been provided accommodation under the rental accommodation scheme.

Social Welfare Code.

Brian O'Shea

Ceist:

384 Deputy Brian O’Shea asked the Minister for Social and Family Affairs the proposals he has to extend entitlement to child benefit to second and third level students who are over 18 years of age; and if he will make a statement on the matter. [14304/08]

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

The policy of the Government over the past number of years has been to substantially increase the amount spent on child benefit for all families. Commitment to this policy is reflected in the significant resources invested in the scheme since 2001, increasing monthly payments to €166.00 for each of the first two children and €203.00 for the third and subsequent children from April 2008.

According to the latest figures collected by the Central Statistics Office, there is an estimated 93,500 students aged 19 to 22 years. Extending child benefit to this category would entail substantial cost, estimated to be in the region of some €195 million annually.

In recognition of the need to target limited available resources at persons on low incomes with children in full-time education, a number of provisions have been introduced, including the extension of entitlement to an increase for a qualified child to age 22 where the parent of a full-time student (including third level) is in receipt of either a long-term social welfare payment, or a short-term social welfare payment for six months or more (short-term schemes include such payments as jobseekers benefit and allowance, illness benefit and supplementary welfare allowance).

In addition, in-work cash payments are provided to low-paid employees with families through the family income supplement scheme. Under this scheme, a qualified child is any child under the age of 18 or aged 18 to 22 if in full-time education. This supplement is paid where a family's weekly income is below a specified income limit for the family size, and is calculated at 60% of the difference between the net family income (gross pay less tax, PRSI, health contribution, superannuation) and the relevant income limit.

Social Welfare Benefits.

Deirdre Clune

Ceist:

385 Deputy Deirdre Clune asked the Minister for Social and Family Affairs if he will reconsider the level of supplementary welfare allowance payable to persons seeking assistance with rent payments in the Cork area as rents have increased in the area and the level of payment at present does not meet the needs of many tenants; and if he will make a statement on the matter. [14416/08]

Rent supplement, which is administered on my behalf by the Health Service Executive (HSE) as part of the supplementary welfare allowance scheme, is subject to a limit on the amount of rent that an applicant may incur. Rent limits are set at levels that enable different eligible household types to secure and retain basic suitable rented accommodation, having regard to the different rental market conditions that prevail in various parts of the State. The objective is to ensure that rent supplement is not paid in respect of overly expensive accommodation having regard to the size of the household.

Setting maximum rent limits higher than are justified by the open market would have a distorting effect on the rental market, leading to a more general rise in rent levels. This in turn would worsen the affordability of rental accommodation unnecessarily, with particular negative impact for those tenants on lower incomes, including people in low wage employment. In January 2007 a review was completed of the maximum levels of rent which a person may incur and still be eligible to receive rent supplement. The purpose of the review was to inform the process of setting new limits, applicable from January 2007 until 30 June 2008. The review included consultation with the HSE, the Department of Environment, Heritage and Local Government, Central Statistics Office, the Private Residential Tenancies Board and voluntary agencies working in this area. This process ensures that the new rent limits reflect realistic market conditions throughout the country. Arising from the review, rent limits were adjusted upwards, from January 2007, for a number of household types in 14 counties, including Cork.

Notwithstanding existing limits, the HSE may exceed these rent limits in certain circumstances e.g. where there is special housing need related to exceptional circumstances. The discretionary power ensures that individuals with particular needs can be accommodated within the scheme and specifically protects against homelessness

I have arranged to have the current rent limits reviewed this year with a view to implementing any revision found to be necessary, from 1 July 2008. As in 2007, a consultative approach is being used to conduct this review.

Social Welfare Appeals.

Michael Ring

Ceist:

386 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal was received in his Department for a person (details supplied) in County Mayo; the reason it is taking an inordinate amount of time for the person to be called for an appeal; and when the person can expect to be called. [14425/08]

The Social Welfare appeals system procedures are designed to ensure that every appellant gets full and fair consideration.

I am advised by the Social Welfare Appeals Office that an appeal from the person concerned was received in that office on 20 August 2007. In accordance with the statutory requirements the relevant Departmental papers and the comments of the Social Welfare Services Office on the matters raised in the appeal were sought. Issues raised by the person concerned in the grounds of appeal required further investigation by the Department. These investigations have now been completed and the case has been referred to an Appeals Officer who proposes to hold an oral hearing on 29/4/08. The person concerned will be informed when arrangements have been made.

The Social Welfare Appeals Office is an office of my Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Jack Wall

Ceist:

387 Deputy Jack Wall asked the Minister for Social and Family Affairs the reason an application for supplementary welfare allowance for a person (details supplied) in County Kildare was refused; and if he will make a statement on the matter. [14477/08]

The Health Service Executive has stated that the matter is currently under review with the Executive's Appeals Office and has advised that the person concerned will be informed of the outcome of its decision in due course.

Denis Naughten

Ceist:

388 Deputy Denis Naughten asked the Minister for Social and Family Affairs the time limit within which an appeal must be determined by the Appeals Office; the time limit within which an oral appeal must be held if such an appeal is deemed necessary; and if he will make a statement on the matter. [14723/08]

The social welfare appeals system is quasi- judicial and the procedures involved are designed to ensure that every appellant gets full and satisfactory consideration. Accordingly, there is no time limit within which an appeal must be determined by that Office or within which an oral hearing must be heard.

During 2007 the average time taken to process all appeals (i.e. those decided summarily and by way of oral hearing) was 22 weeks. However, if allowance was made for the 25% most protracted cases, the average time fell to 14.4.weeks.

Oral hearings are granted at the discretion of the Appeals Officer usually in circumstances where there is a conflict in evidence presented by the parties to the appeal or where an oral hearing is requested by the appellant in order to present his or her case. Given the logistics involved in organising oral hearings, the average length of time is increased by 8 weeks where an oral hearing is involved. The processing time for appeals covers all phases of the appeal process including the submission by my Department of its comments on the grounds for the appeal, further examination by my Department's Medical Assessors in certain sickness related cases and the holding of oral hearings which are currently afforded in two out of three cases determined by Appeals Officers. Issues may also arise during the course of an appeal which require further investigation.

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

Pension Provisions.

Damien English

Ceist:

389 Deputy Damien English asked the Minister for Social and Family Affairs if a person (details supplied) in County Meath is entitled to a contributory pension; if not, the options available for this person to pursue with his Department to meet their pension needs; and if he will make a statement on the matter. [14803/08]

In order to qualify for a State Pension (Contributory) at the minimum rate payable, a yearly average of at least 10 contributions is needed.

The person concerned has a yearly average of 8 contributions which is insufficient for a minimum payment of a State Pension (Contributory).

As she worked for some time in the United States, the insurance records of both countries can be combined to examine possible entitlement to a pro-rata pension. However, this yields a combined yearly average of 9 contributions which is also insufficient to qualify.

An option for her would be to apply for a State Pension (Non Contributory), which is a means-tested payment. Alternatively, if the person is wholly supported and maintained by her spouse, the spouse may apply for an Increase for a Qualified Adult on his pension payment. This increase is subject to a means-test. If awarded, the increase would be paid directly to the person concerned.

If applications are received for both options, and entitlement to each exists, the person concerned will be placed on whichever is the most financially advantageous arrangement.

Community Development.

Brendan Howlin

Ceist:

390 Deputy Brendan Howlin asked the Minister for Community, Rural and Gaeltacht Affairs if there is a scheme of funding under his Department’s auspices which could be accessed in respect of the provision by a charitable organisation of holiday accommodation and a range of community type services for disadvantaged people; and if he will make a statement on the matter. [14686/08]

As the Deputy will be aware my Department does not operate a specific scheme or programme to enable charitable organisations to provide holiday accommodation for disadvantaged children.

My Department does, however, operate a number of schemes and programmes supportive of communities, including disadvantaged communities.

Against this background some funding may be available for an element of the project that the Deputy refers to. Details of all the programmes and schemes operated by my Department can be accessed on the Department's website at www.pobail.ie. I should point out that each of the schemes and programmes are governed by rules and eligibility criteria that applicants must meet in order to receive funding.

Decentralisation Programme.

Michael Ring

Ceist:

391 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding relocating his Department to a location (details supplied) in County Mayo; and the time-scale involved for the relocation. [14880/08]

Negotiations for the purchase of a site by the Office of Public Works for the Department's headquarters at the location referred to by the Deputy are at an advanced stage. It is estimated that the new headquarters will be ready by end-2010.

In the meantime, 90 of the 140 staff of my Department originally due to relocate to Co Mayo have transferred to an interim location in Tubbercurry, Co Sligo. It is planned to increase the number at the interim location to just over 100 from mid- May 2008.

Departmental Funding.

Olivia Mitchell

Ceist:

392 Deputy Olivia Mitchell asked the Minister for Community, Rural and Gaeltacht Affairs if he has provided public moneys, capital or current, to an organisation (details supplied) in any of the years 2005, 2006, 2007 and to date in 2008; and if he will make a statement on the matter. [13906/08]

The following sums were paid by my Department to the organisation concerned in respect of current expenditure:

Year

2005

590,000

2006

1,470,000

2007

1,580,000

2008 (to date)

784,190

The increased funding since 2006 has been in respect of a development programme being advanced by the organisation on a regional basis.

No capital funding has been paid by my Department to the organisation over the period in question.

Community Development.

Bernard Allen

Ceist:

393 Deputy Bernard Allen asked the Minister for Community, Rural and Gaeltacht Affairs if he will make a statement on his recent decision not to continue funding support agencies after 31 April 2008 with particular reference to the loss of the south and mid-west region of the support agency which they have been working with for the past four years. [13967/08]

I would like to refer the Deputy to my previous response to Questions numbered 20, 27 and 41 of 3rd April 2008.

Consultancy Contracts.

Olivia Mitchell

Ceist:

394 Deputy Olivia Mitchell asked the Minister for Community, Rural and Gaeltacht Affairs the consultants who carried out work for his Department or for any body under the auspices of his Department during 2007; if each consultant was an individual or a firm; the amount earned by each consultant in 2007; the basis of the calculation of same; the rate per hour, day, week, month or other period payable in each case; if in each case the consultant was engaged to prepare a report or to carry out work; if in the case of a report being prepared the report has been published; if not, when the report will be published; and if he will make a statement on the matter. [14101/08]

My Department has made available on its website details regarding consultancies (excepting those of minor value, i.e., less than €5,000 excluding VAT) relating to the period since its establishment in June 2002 up to the end of January 2008.

The relevant link, which will take the Deputy directly to these details, including the information sought by her, in relation to expenditure by my Department is: www.pobail.ie/en/ CorporateSupportServices/Finance/Consultancies.

For the Deputy's convenience, I have also arranged for a copy of the material in question to be sent directly to her at her Oireachtas e-mail address.

As it has not been possible within the time available to collate the details sought by the Deputy in relation to the preparation and publication of reports, I am arranging to have the relevant information in that regard forwarded to the Deputy as soon as possible.

The Deputy will appreciate that the appointment of consultants by bodies reporting to, or under the aegis of, my Department is a day-to-day operational matter for the chief executive officers of those organisations. Accordingly, I am forwarding the Question to the organisations in question and am asking the chief executive officers to provide any relevant information directly to the Deputy.

Scéimeanna Feabhsúcháin.

Dinny McGinley

Ceist:

395 D’fhiafraigh Deputy Dinny McGinley den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an bhfuil iarratas faighte ag a Roinn ar dheontas do thionscnamh (sonraí tugtha), cén uair a fuarthas an t-iarratas, méid an deontais atá á lorg agus cén uair a bheidh cinneadh á dhéanamh. [14273/08]

Fuair mo Roinnse iarratas críochnúil sa chás seo i mí Aibreán 2007 agus, tar éis athphlé leis na hiarratasóirí, cheadaigh mé deontas de €639,000 ar 4 Aibreán 2008 faoi na Scéimeanna Feabhsúcháin sa Ghaeltacht (€532,500) agus CLÁR (€106,500). Tá an deontas sin bunaithe ar chostas iomlán de €798,837 (€722,510 don obair thógála agus €76,327 do tháillí proifisiúnta).

Bhí moill neamhghnách ag baint leis an iarratas seo toisc go raibh ar Oifig na Roinne i nDún na nGall fanacht ar cheapachán Innealtóra agus toisc go raibh riaráistí oibre i gceist mar thoradh ar seo.

Eamon Gilmore

Ceist:

396 D’fhiafraigh Deputy Eamon Gilmore den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cén staid ag a bhfuil an t-iarratas ar dheontas chun céim a dó d’Ionad Naomh Pádraig, Dobhar, an Bun Beag, Contae Dhún na nGall, a chríochnú. [14277/08]

Ar 4 Aibreán 2008 cheadaigh mé deontas de €639,000 faoi na Scéimeanna Feabhsúcháin sa Ghaeltacht (€532,500) agus CLÁR (€106,500) don togra atá luaite ag an Teachta.

Community Development.

Enda Kenny

Ceist:

397 Deputy Enda Kenny asked the Minister for Community, Rural and Gaeltacht Affairs if there are plans to expand the RAPID programme to include new areas; if there has been consideration that other areas should be included in the RAPID programme due to disadvantage; and if he will make a statement on the matter. [14296/08]

The RAPID Programme aims to ensure that priority attention is given to tackling the spatial concentration of poverty and social exclusion within the 46 designated RAPID areas.

The Government has given a commitment to continue to prioritise investment in the existing RAPID areas and no area currently included in the Programme will lose its eligibility for priority treatment. My attention at present is focused on an analysis of recent Census data with a view to ensuring that the boundaries of existing RAPID areas are appropriate. A key concern will be to ensure that the effectiveness of the RAPID Programme is not diluted and that Government action continues to prioritise and target communities with the greatest needs.

World Trade Negotiations.

Michael Creed

Ceist:

398 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if her Department has conducted an analysis of the impact of the proposals at the World Trade Organisation on the economy here and in particular for the agriculture sector and persons employed in agribusiness; the estimated job losses by her Department both at primary producer and agribusiness level; the consequences for tax revenue; and if she will make a statement on the matter. [14536/08]

My Department carries out analysis on an ongoing basis of the various negotiating proposals which emerge in these negotiations. This analysis covers a large number of different scenarios and their impacts on the different agricultural sectors. In particular, the analysis evaluates the levels of import protection for individual products under the various different tariff cut scenarios that have been proposed up to now in the negotiations. It provides a basis for assessing the impact of such cuts and the relative benefits of seeking sensitive product status to mitigate their effects.

I am not convinced that it would be appropriate at this stage for me to publicly release the analysis undertaken by my officials to advise me in these negotiations. I believe this is a reasonable and prudent approach given the critical point we are at. I do not want to undermine in any way my negotiating position and I do not believe that the Deputy would wish to undermine Ireland's position in these negotiations. I have already indicated that I, or my officials, are available to brief the opposition on some key issues in relation to impact analysis on a confidential basis.

Similar estimations have been made by various representative bodies and shared with the Department. These assessments are also used to evaluate the various negotiating proposals which emerge from the discussions and to develop the Irish negotiating position in these negotiations.

A number of other bodies and research institutes, in Ireland and elsewhere, have also carried out economic studies. Some of these analyses attempt a broader, overall assessment of possible outcomes of the negotiations. Inevitably these studies are based on a wide range of assumptions about issues that are yet to be decided in the negotiations. My Department also considers and uses these studies to inform our negotiating strategy.

In particular I would point to the FAPRI Ireland WTO Analysis of Impacts on Irish and EU Agriculture study of March 2006 and the 2003 Forfas WTO Negotiating Objectives for Irish Enterprise Report. It is my understanding that the FAPRI analysis is currently being updated.

The EU Commission has also recently presented its own latest analysis of possible impacts of the most recent proposals from the chairman of the WTO Agriculture Committee. This analysis is currently the subject of on-going discussions between Member States and the Commission.

I should also point out that I have established a WTO Consultative Committee where stakeholders and my Department regularly discuss developments in the negotiations, and their analysis of them, in some detail. The analysis and assessment emerging from these meetings contributes helpfully to the negotiating position adopted by the Government.

Coastal Protection.

Dinny McGinley

Ceist:

399 Deputy Dinny McGinley asked the Minister for Agriculture, Fisheries and Food if a coastal erosion programme is operational; the funding available in 2008 for the programme; and if allocations have been approved for County Donegal. [14614/08]

In February 2008 my Department invited proposals from Local Authorities for inclusion in the 2008 Coastal Protection Programme. The applications are currently under consideration by my Department's Engineering Division and the Coastal Protection Programme for 2008 is expected to be announced shortly.

Funding applications received from Donegal County Council will be given due consideration based on overall national priorities and Exchequer allocation.

The overall budget for Coastal Protection for 2008 is €3.037 million.

Foreshore Licences.

John McGuinness

Ceist:

400 Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food if her Department will engage with a company (details supplied) in County Cork to assist in the process of obtaining a licence to harvest seaweed; and if she will expedite a pro-active approach from her Department. [13844/08]

Activities on the foreshore such as harvesting of seaweed require a foreshore licence from my Department. The individual referred to was issued with an application form for such a licence initially by post and subsequently by e-mail when the individual informed my Department that he had not received the form posted to him.

On receipt of the completed application, my Department will be in a position to assess the proposal in conjunction with our technical and scientific advisors. My Department will be glad to meet the applicant to discuss the proposal at that stage if necessary.

I should point out however that, to date, while my Department has licensed the harvesting of seaweed by hand, the mechanical harvesting of seaweed has not been licensed. This is due to ongoing concerns regarding the potentially serious adverse impact of such activity on marine species and the general coastal environment.

Grant Payments.

Phil Hogan

Ceist:

401 Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) in County Carlow is entitled to entitlements under the national reserve for the years 2000, 2001 and 2002; and if she will make a statement on the matter. [13839/08]

The person named was not farming during the 2000-2002 reference period and therefore no Single Payment entitlements were established for him. He commenced farming in 2003. There is a special category in the Single Payment Scheme National Reserve catering for farmers who commenced farming after 31 December 2002. Applicants must satisfy certain criteria including income and farming qualifications. The person named applied under the New Entrant category of the 2005 and 2007 National Reserve.

Under the 2005 National Reserve, only farmers who had inherited or purchased land were eligible for consideration for an allocation and as the person named only had leased land he did not qualify.

However, the 2007 National Reserve included new entrants to farming who had been leasing land for a minimum of three years as they were deemed to have a commitment to farming. There was still a requirement to meet certain other criteria including farming qualifications and income.

While the person named has leased land for a minimum of three years, there is however outstanding information with regard to income and it is not possible to fully process his application. My Department has written to the person named regarding the outstanding information and when the required documentation is received his application will be finalised. The person named will be notified directly of the outcome of his 2007 National Reserve application.

Michael Ring

Ceist:

402 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if a farmer does not have a bank account and does not want to open an account, the way they will receive their payments from her Department. [13863/08]

A new requirement to make all payments under EU funded or co-funded schemes directly into bank accounts must be implemented in accordance with EU Council Regulation (EC) No 1290/2005 which lays down the rules on the financing and management of the Common Agricultural Policy for the period 2007 to 2013. The detailed implementing rules as set out in EU Commission Regulation (EC) 885/2006, require that all EU paying agencies must adopt procedures to ensure that payments are made only to bank accounts with effect from the 2009 financial year which begins on 16 October next. As the designated paying agency for EU funds, my Department is obliged to adhere to these arrangements. At present, farmers can choose to have their payments made by cheque or electronic funds transfer directly into their bank account and this situation will continue during the 2008 EU financial year which ends on 15 October.

My Department notified the new requirement to farmers on a number of occasions over the past year or so and a large number of farmers have already ‘signed up' for electronic funds transfer. Farmers who have not yet done so still have several months in which to open a bank account and to notify my Department of the details. However, I will be urging all farmers to make the necessary arrangements as soon as possible.

My officials have briefed the banks on the new requirement. I also met recently with An Post which intends to facilitate the electronic transfer of funds through a system of post bank accounts in the near future. I understand that a number of Credit Unions are also in a position to handle direct payment to customer accounts and that this number will increase over time. I will continue to explore all possible options to minimise disruption to payments and farmers may, of course, contact my Department with any concerns that they may have.

Greenhouse Gas Emissions.

Michael Creed

Ceist:

403 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the position regarding the estimated carbon offsets to be reflected in the National Climate Change Strategy 2008 to 2012 from State or EU funded afforestation schemes; and if she will make a statement on the matter. [13887/08]

Under the National Climate Change Strategy, and in accordance with the EU's commitment under the Kyoto protocol, sequestration from forestry is accounted for as a credit against Ireland's national greenhouse gas emissions. It has a significant contribution to make to meeting our national target, and planting under State and EU funded afforestation schemes since 1990 is expected to contribute an annual average of 2.08 million tonnes of sequestration over the 2008–2012 Kyoto period.

Fisheries Protection.

Joanna Tuffy

Ceist:

404 Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food if her Department is examining the possibility of providing for administrative sanctions against those who are found to be in breach of the Sea Fisheries and Maritime Jurisdiction Act 2006; the reason administrative sanctions were not provided for in the legislation; her views on the establishment of a committee to address the issue of administrative sanctions; and if she will make a statement on the matter. [13889/08]

The Sea Fisheries and Maritime Jurisdiction Act, 2006 was enacted on the 4th of April 2006 and provides for dissuasive and effective penalties for infringements of fisheries law as required under the Common Fisheries Policy. During the passage of the Bill through the Houses of the Oireachtas, the principles and practicability of administrative sanctions were widely discussed.

On foot of the recent Court of Auditors Report on Fisheries control the Commission is proposing wide-ranging proposals to reform and update the EU Fisheries Control framework and it is likely that the issue of harmonised sanctions will be considered in that light. In the interim I have asked my Department to review the operation of sanctions under the Sea-Fisheries and Maritime Jurisdiction Act, 2006 in light of experience since its enactment.

Fishing Industry Development.

Joanna Tuffy

Ceist:

405 Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food if Ireland has applied for Axis four funding under the European Fisheries Fund; if not, the reason for same; if Ireland will be applying for Axis four funding; if her attention has been drawn to the fact that the closing date for applications is in about six weeks time; and if she will make a statement on the matter. [13890/08]

Ireland was allocated EU funding of €42 million for the 2007-2013 European Fisheries Fund. To maximise the benefits of this funding it is being specifically targeted at a small number of Co-Financed measures under the pillars of AXES 1, 2 and 3, most notably the fleet decommissioning scheme which I launched in February.

However, as outlined in the National Strategic Plan for the Fisheries Sector (2007-2013), Non-Co Financed (i.e. State aided) measures under Axis 4 are planned for. These predominantly socio-economic sustainability measures will be implemented by BIM with the assistance of local development networks such as Leader.

Seafood Sector.

Joanna Tuffy

Ceist:

406 Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food the value, in monetary terms, of foreign fish imported into Ireland in each of the past five years; the value, in monetary terms, of all fish exported from this country in each of the past five years; and if she will make a statement on the matter. [13891/08]

The following table provides details of trade figures for fish for the years 2003-2007.

Year

2003

2004

2005

2006

2007

Exports

381,051,700

388,193,970

355,815,480

359,803,820

360,105,270

Imports

95,441,360

104,557,260

132,169,160

151,086,430

178,056,650

The potential for sales growth and import substitution is most effectively addressed through enhancing the national production and meeting the needs of the market. The report of the Seafood Strategy Review Group Steering a New Course (The Cawley Report) sets down a vision for a sustainable profitable and self-reliant industry that will maximise its long-term contribution to coastal communities. The strategy clearly recognises that the long term vision for the seafood sector must revolve around developing a strong and positive identity for Irish seafood on the domestic market and in key international export markets. This identity will assist in positioning Irish seafood products at the upper end of the industry’s targeted market.

To do this we must work aggressively to ensure that Irish seafood is recognised for: excellence in terms of product quality; providing a superior eating experience — due to product freshness facilitated by the frequency of landings; a range of positive environmental traits; and a customer service approach second to none.

The strategy recognises that the industry's approach to the market and its performance within the market place is well below that which exists in other sectors of the Irish food industry. It considers that this gap in performance represents the "industry opportunity". The recommendations of the Strategy across all fronts, marketing, processing, aquaculture and the fleet combined, offers the blue print for change in the industry which I believe will maximise the value of seafood delivering a sustainable, profitable and self-reliant industry.

Fish Quota.

Joanna Tuffy

Ceist:

407 Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food her views on whether the allocation of quota to fishermen on a monthly basis is a fair system; if there is a more flexible quota management system that addresses the well known concerns of the industry; if she has plans to carry out a review of the way the State allocates quota to fishermen; and if she will make a statement on the matter. [13892/08]

The national implementation of the annual EU Total Allowable Catch (TAC) and Quota Regulation is the responsibility of my Department. In Ireland, representatives from my Department, the Sea- Fisheries Protection Authority and Industry meet once a month to agree the quotas for whitefish and deep-sea species for the following month. All current quota management arrangements for fishery regimes are the result of this partnership approach.

In January 2007 the report of the Seafood Industry Strategy Review Group, under the Chairmanship of Noel Cawley, was published. This report "Steering a New Course" made two recommendations specifically related to quota management involving:

Implement a new, devolved, Fisheries Management Regime

Establish a legal entity to oversee quota management.

Industry representatives have been mandated to bring forward proposals for quota management in line with the recommendations of the Seafood Strategy for my consideration. I understand that the industry representatives are developing a new model in this regard. I await proposals which I hope will take account of the situation and needs of all the industry.

Marine Fuel Costs.

Joanna Tuffy

Ceist:

408 Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food her views on establishing a task force to examine measures to address the crippling cost of fuel for fishermen; if her attention has been drawn to the other EU countries that are providing assistance to their fishermen with regard to the cost of fuel; and if she will make a statement on the matter. [13893/08]

The escalation of fuel costs, as a result of global economic and political conditions, remains a matter of concern for all sectors of industry. It is important to note that the fishing industry in Ireland already receives favourable treatment in the form of a full rebate on excise and VAT on marine fuel, if the enterprise concerned is registered for VAT. Fuel subsidies, in terms of operating aid for fishing vessels, are not permitted under EU State Aid rules and any such measures introduced by EU Member States would be in breach of EU law and subject to Infringement proceedings in the European Court of Justice.

It is understood that previous measures taken by France in relation to support to offset the difficulties faced by its industry arising from high fuel prices are the subject of infringement proceedings in the European Court. Within the EU State Aid rules and the funding available to each, it is a matter for each Member State to put in place measures to support and develop the fishing industry. I understand that the main measures now being put in place by France include a tax on fishery products at the market place to fund the development and restructuring plan for the fishing sector.

I believe that the most critical element in addressing the impact of high fuel prices is to make the fleet more profitable. The Cawley Report, "Steering a New Course", a strategy for a restructured, sustainable and profitable Irish seafood industry (2007 — 2013), has set down a range of measures to deliver a more profitable fleet and I do not consider that a further examination of the issue is required. I am now focussing on delivering the Cawley Strategy.

The planned reduction in the size of the fishing fleet, through a decommissioning scheme which I launched in February, will increase the profitability of the vessels that continue to fish because they will be permitted to land higher quantities of quota stocks. Funding under the NDP will also focus on increasing returns to fishermen through maximising the value of seafood at every stage from the sea to the table.

I also consider that considerable research activity is required in order to identify the most fuel efficient equipment and practices and I will be pushing strongly for this area to be prioritised under the EU's Seventh Framework Programme for Research (2007-2013). At present, Bord Iascaigh Mhara is making grant aid available to improve fuel efficiency on board fishing vessels. I will keep this scheme under review to ensure that it covers best practice in the context of available research in the area.

Seafood Sector.

Joanna Tuffy

Ceist:

409 Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food the measures being taken to promote awareness of Irish seafood to the public and the benefits of eating fish; the amount spent in the each of the past five years in promoting sales of Irish seafood; her views on whether enough is being done to promote Irish seafood; and if she will make a statement on the matter. [13894/08]

Irish seafood is in high demand; it is a healthy low fat, nutritious food source, which is in increasing demand both here and elsewhere in the EU and other markets. BIM promotes seafood on both the Irish market and core EU markets (France, UK, Spain, Germany and Italy). On the home market BIM promotes at both consumer and trade levels, whereas in the EU markets BIM concentrate on trade marketing. Other markets outside EU are dealt with on a case-by-case cost benefit basis.

BIM has a number of key initiatives to promote seafood on the domestic market including a Health Information Programme where BIM has developed a range of information material outlining the health benefits of fish consumption. The information has been presented as part of a life-style package (i.e. include fish as part of a healthy diet) and this approach has paid dividends given the 18% uplift in the value of retail seafood sales over the past year. It is planned to continue to raise consumer awareness of the health benefits of fish consumption. BIM drives seafood sales through promoting improved quality of product and service in both retail and food service sectors, which it does through the Seafood Circle Programme

The expenditure on promotion on the domestic market is set out in the following table.

2003

2004

2005

2006

2007

€210,000

€190,000

€200,000

€220,000

€290,000

EU Markets

BIM has been actively increasing the visibility of seafood in key European markets through:

Strategic development of business to business relations between exporters and key buyers (processors, wholesalers, distributors).

Raising awareness at trade level by participating in European & national tradeshows.

Raising awareness at consumer level, through the production of specific seafood promotional materiel distributed to over 2500 stores across Europe.

Media visits: BIM has brought major European trade journalists to production regions in order to raise awareness of Ireland's commitment to quality.

Market research to detect European consumer trends, optimal distribution channels and pricing strategies.

Quality schemes: BIM supports and assists the development of quality schemes in order to maintain the highest possible market position.

BIM European offices Expenditure is set out in the following table.

2003

2004

2005

2006

2007

2008 (forecast)

€220,000

€320,000

€280,000

€550,000

€480,000

€450,000

It is important to note that Article 40 (2) of Council Regulation (EC) 1198/2006 which refers to the development of new markets and promotional campaigns states that "The operations may not be aimed at commercial brands or make reference to specific countries or geographical areas". This prohibits promotional activity on "Irish Seafood" specifically.

Fishing Industry Development.

Joanna Tuffy

Ceist:

410 Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food if the Government has plans to implement a decommissioning scheme for fishing vessels under 18 metres in length as per the Cawley Report; and if she will make a statement on the matter. [13895/08]

Steering a New Course, the Strategy for a Restructured, Sustainable and Profitable Irish Seafood Industry 2007-13 (The Cawley Report) recommended a restructured fishing fleet, consistent with the sustainable exploitation of available resources and economic requirements of vessel owners and the shore-based industries dependent on it.

The Cawley report prioritised in the first instance a continuation of the previous decommissioning scheme targeting the whitefish fleet to ensure a basis for both stock recovery and long term viability. This scheme was launched by me in February this year. The report also noted that a specific economic or social impact analyses should be carried out in relation to vessels under 18 metres to determine the eligibility, urgency, scope and cost of carrying out a targeted decommissioning scheme for such vessels. Such an analysis has not yet been carried out. It is important that consideration of the necessity for any future decommissioning of vessels under 18 metres, takes account of the overall strategy to achieve a balance between available resources and the fishing fleet.

Registration of Title.

P. J. Sheehan

Ceist:

411 Deputy P. J. Sheehan asked the Minister for Agriculture, Fisheries and Food if her Department or the Land Commission or any other agency of her Department have ever had, or now have, any interest, or now possess the title in whole, or part, in land (details supplied) in County Cork; and if she will make a statement on the matter. [13919/08]

Documents of the former Land Commission available in the Records Branch of my Department, record that this plot of land, which is subject to grazing rights, remained in the possession of the landlord when the estate was divided among the tenants in the late 1890's.

Grant Payments.

Phil Hogan

Ceist:

412 Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food if she will review a decision for income supplement for a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [13986/08]

The entitlement of the person named to payment under the Income Supplement Scheme has been reviewed already by my Department. He has been advised that the movement of three animals into his restricted herd renders him ineligible for payment under the scheme from the date on which animals were moved into the holding. However, he has also been advised that he may apply to the Agricultural Appeals Office for a further review of this decision.

Milk Quota.

Joanna Tuffy

Ceist:

413 Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food if the application of a person (details supplied) in County Cork for extra milk quota under the hardship scheme has been considered by her Department; if so, the amount of extra quota that is to be allocated to the applicant; and if she will make a statement on the matter. [14032/08]

Allocations of milk quota from the National Reserve are granted on the basis of recommendations from the Milk Quota Appeals Tribunal. The Tribunal examines and makes recommendations on applications for additional quota from individual producers. The named person submitted an application to the Tribunal seeking an allocation of additional quota under the Hardship category. This application was examined on 2nd April 2008 and an allocation of 5,000 litres of additional milk quota was made from the National Reserve. The named person and his Co-op have been notified in this regard.

Consultancy Contracts.

Olivia Mitchell

Ceist:

414 Deputy Olivia Mitchell asked the Minister for Agriculture, Fisheries and Food the consultants who carried out work for her Department or for any body under the auspices of her Department during 2007; if each consultant was an individual or a firm; the amount earned by each consultant in 2007; the basis of the calculation of same; the rate per hour, day, week, month or other period payable in each case; if in each case the consultant was engaged to prepare a report or to carry out work; if, in the case of a report being prepared, the report has been published; if not, when the report will be published; and if she will make a statement on the matter. [14098/08]

Details of the consultants who carried out work for my Department in 2007 is set out in tabular format in the following table. With regard to State Bodies under the aegis of my Department, the use of consultants by these Bodies is a matter for the Bodies themselves and the Deputy can seek to obtain that information directly from each Body.

Consultant

Company Or Individual

Payment in 2007

Basis of calculation

Purpose — report or work carried out

UCD Forestry Department

Company

€3,200

NFI manual — 36 hrs × €50 NFI preceedings — 15hrs × €50 NFI results — 13 hrs × €50

National Forest Inventory Published

Dr Gerhardt Gallagher

Individual

€3,085.50

€300 plus vat per day × 8.5 days

National Forest Inventory — Published

Institute of Forest Ecosystem (IFER)

Company

€66,699

Agreed contract price

National Forest Inventory — Published

Brendan Riordan — Research Economist

Individual

€3,000

Agreed contract price for completed report on the agri-food sectors contribution to net flow of funds

The Report will be published shortly.

Achilles Procurement Services

Company

€2,240

Daily Rate €1,120 × 2 days

Report on specialized procurement advice — Report for internal use only

Open Interface Ltd

Company

€8,470

€8,470 — Fixed price tender

Produce an accessibility report on Dept’s web and online services — Internal use only

Vantage Resources

Company

€20,421

€523 daily rate

Business analysis for Forestry Online applications — Internal use only

Resources Global Consultancy

Company

€9,196

€1,078 — daily rate

IFORIS computer system — post implementation review- Internal use only

Griffith Associates

Individual

€3,011.77

€85 per hour

EN45011 — Accredition of Organic Certification Bodies — Work Completed

Levercliff Associates

Company

€68,392

€1,000 per day

UK Organic Market and Sector Research — Work Completed

Cullinane Doherty

Company

€20,636.62

€750 per day

Italian Organic Market and Sector Research — Work Completed

Farrell Grant Sparks

Company

Nil to date

Flat Rate Contract €108,900

Review of the organizational structure of the Department — Due for completion September 2008

Indecon International Consultants

Company

€154,670

Agreed Discount Public Sector Daily Rate

Advice on litigation on Sugar Reform implementation — Internal use only

John Malone consultant

Individual

€22,718

€875 per day

Report on the Implementation of the Sheep Strategy Group — Report published April 2007

Poseidon Aquatic Resource Management Ltd

Company

€172,350

Open Tender — Fixed price contract

Review of Fisheries Control regime — Presented to Minister — June 2007

Dr Mary McMahon

Individual

€103,739

Service provided ongoing basis to Department

Evaluation of Departments Avian Flu Contingency arrangements — ongoing

Mazars

Company

€58,147

Rate per grade of person per day

To assist and provide IT audit expertise to Internal Audit Unit

Consultant

CompanyOr Individual

Payment in 2007

Basis of calculation

Purpose — report or work carried out

John Malone Consulting Ltd

Individual

Nil to date

Forestry Report completed and presented to Minister March 2008

Consultants engaged during 2007 in relation to Marine Engineering Projects

Mott MacDonald Consulting Engineers

Company

€251,647

Scale of fees IEI conditions of engagement for consulting engineers

Work carried out — information for internal use

RPS Consulting Engineers

Company

€387,111

Tendered Fixed Price contract

Work Carried out — information for internal use

JE Jacobs Consulting Engineers

Company

€173,409

Tendered fixed price contract

Work carried out — Information for internal use

Aquatric Services United Ltd

Company

€4,702

Tendered fixed price contract

Work carried out — Information for internal use

Compass Informatics Ltd

Company

€47,510

Tendered fixed price contract

Work carried out — Information for internal use

Marine Modeling Centre NUIG

Company

€44,600

Tendered fixed price contract

Work carried out — Information for internal use

Philip Lee Solicitors

Company

€6,050

Payment on basis of tendered quote

Work carried out — Information for internal use

Blom Aerofilms

Company

€151,436

Tendered fixed price contract

Work carried out — Information for internal use

ERA Maptec

Company

€7,411

Tendered contract

Work carried out — Information for internal use

Reencon Development Service

Company

€12,102

Tendered contract

Work carried out — information for internal use

Royal Haskoning

Company

€44,242

Tendered contract

Work carried out — information for internal use

RPS Consulting Engineers

Company

€33,370

Tendered contract

Work carried out — Information for internal use

Mott McDonald Petit Ltd

Company

€804,673

Tendered contract

Work carried out

Ryan Hanley — Consulting Engineer

Company

€65,430

Tendered contract

Work carried out — Information for internal use

Raymond Burke & McIver Consulting

Company

€23,602

Contract Price

Preparation of a report due in 2008

Poseidon Aquatic Resources

Company

€14,805

Contract Price

Report Published

Configure Ltd

Company

€19,965

Contract Price

Report Published

Briggs Environmental Service

Company

€13,835

Contract Price

Report Published

Grant Payments.

Tom Sheahan

Ceist:

415 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food if the single farm payment case of a person (details supplied) in County Kerry will be investigated. [14130/08]

The person named farmed jointly with his wife until 2001 when his wife joined the Early Retirement Scheme. At this point the lands owned by his wife along with some entitlements were transferred to their son by means of inheritance. The remaining entitlements in the wife's name were intended to transfer to the person named but this process was not completed. The forms required for this process have now issued to the person named and his wife for completion. On receipt of the completed forms, the case will be processed without delay and any outstanding payments will be made as quickly as possible.

Tom Hayes

Ceist:

416 Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food the position regarding the case of a person (details supplied) in County Tipperary who has applied under the afforestation and premium schemes; and when payment will issue. [14204/08]

As I indicated in reply to a similar question on 30th January 2008, my Department has advised the owner that remedial work is required at each of these sites. When the required improvements have been completed satisfactorily, forestry payments will resume.

Jimmy Deenihan

Ceist:

417 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when written approval will be issued to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [14270/08]

The person concerned has made two applications for grant-aid under the Farm Improvement Scheme. Approval issued in regard to the first application on 8 January 2008. The second application will be processed as soon as possible.

Paul Connaughton

Ceist:

418 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when payment will issue under REP scheme four to a person (details supplied) in County Galway; and if she will make a statement on the matter. [14283/08]

The person named applied for REPS 4 in March 2008. Farmers who submitted valid applications in March will start their REPS 4 contracts on 1 April 2008. They will receive 75% of a payment in respect of nine months when all administrative checks for REPS and the 2008 Single Payment Scheme are completed. The remaining 25% payment will go out when the last of the year's REPS on-farm inspections has taken place.

Fur Farming.

Richard Bruton

Ceist:

419 Deputy Richard Bruton asked the Minister for Agriculture, Fisheries and Food if she has plans to regulate or ban fur farming here; and if she will make a statement on the matter. [14490/08]

Under the Musk Rats Act, 1933 (Application to Mink) Order 1965, the keeping of mink is prohibited except under licence, obtained from my Department. Licences are issued under this legislation only if the applicant, following an inspection, is found to be compliant with a number of key conditions. Licensed fur farms are also inspected to assess compliance with the Council of Europe recommendations concerning fur animals and Council Directive 98/58/EC concerning the protection of animals kept for farming purposes. These inspections have, to date, found that the licensed fur farms have been operating in compliance with current legislation.

The slaughtering of fur animals is governed by national legislation, namely the European Communities (Welfare of Farmed Animals) Regulations 2008. My Department will continue to monitor the operation of licensed fur farms to assess their compliance with all current legislation.

Given that the licensed fur farms operating in this country meet current national and EU requirements there is no reason why what is, after all, a legitimate farming activity, which is permitted in the greater majority of EU Member States, should be banned. There is no legislation specifically governing the licensing of fox farms in Ireland.

Farm Waste Management.

Jimmy Deenihan

Ceist:

420 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when a decision will be made on the application by a person (details supplied) in County Kerry for farm waste management; and if she will make a statement on the matter. [14518/08]

The person concerned is an applicant under the Farm Waste Management Scheme. His application for payment is currently being examined and a decision will be made in regard to the application as soon as possible.

Installation Aid Scheme.

Michael Creed

Ceist:

421 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if she will clarify the entitlement of persons on long-term leases to participate in the installation aid scheme; and if she will make a statement on the matter. [14545/08]

Under the Installation Aid Scheme applicable to farmers set-up in farming for the first time on or before 31 December 2006, applicants must be set-up on lands on the basis of a lease for at least five years running from the date of set-up. The required term of the lease was extended to seven years under the Young Farmers' Installation Scheme which applies to farmers set-up in farming for the first time on or after 1 January 2007. In order to be eligible for a grant, applicants must, of course, also fulfil the other requirements of the Schemes concerned.

Grant Payments.

Michael Creed

Ceist:

422 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if she will reconsider the circumstances in a REP scheme appeal where the family of the late applicant (details supplied) who complied with the terms and conditions of the scheme as entered into by the deceased applicant are being obliged to repay moneys to her Department; and if in view of the fact that the land-holdings will shortly be re-entered into the REP scheme by a family member and the compliance with the work schedule outlined in the plan, she will waive her Department’s request for a refund. [14546/08]

This case has been appealed to the Agriculture Appeals Office, which is statutorily independent of my Department, and I await the outcome.

Denis Naughten

Ceist:

423 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when a decision will be made on the review of an application by a person (details supplied) in County Roscommon; the reason for the delay; and if she will make a statement on the matter. [14526/08]

The Independent Single Payments Appeals Committee completed their review of this case on 1st April 2008 and disallowed the Appeal. A letter outlining the decision of the Committee has issued to the person named.

Martin Ferris

Ceist:

424 Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) in County Monaghan is entitled to the single farm payment. [14605/08]

An application under the 2007 Single Payment Scheme / Disadvantaged Areas Scheme was received from the person named on 26 April 2007. Payment in full under the Single Payment Scheme issued to the person named in two instalments, the first on 16 October 2007 and the second on 3 December 2007. The refund of the deduction in respect of Modulation issued on 11 March 2008. The full payment due to the person named under the Disadvantaged Areas Scheme issued on 20 September 2007. All payments issued to the person via Electronic Funds Transfer.

Coastal Erosion.

Joe Behan

Ceist:

425 Deputy Joe Behan asked the Minister for Agriculture, Fisheries and Food if her attention has been drawn to the worsening coastal erosion crisis at the Murrough in Wicklow Town; the emergency plans she has to deal with this erosion blackspot; if she has been alerted to this serious environmental problem by the local authorities in Wicklow; the outcome of discussions that have taken place on this issue, especially in terms of allocating emergency funding to deal with this crisis; the involvement her Department has had in dealing with the ongoing erosion problem at the Murrough over the past ten years; and if she will make a statement on the matter. [14678/08]

The position with regard to Coastal Erosion at the Murrough in Wicklow town has been the subject of ongoing contact between Wicklow County Council and my Department. Contact prior to September 2007 was with the Department of Communications, Marine and Natural Resources who then had responsibility for Coastal Protection matters.

It should be noted that responsibility for Coastal Protection lies with the property owner in the first instance, whether that be an individual or a Local Authority. My Department does, however, provide funding to various Local Authorities each year under the Coastal Protection Programme subject to Exchequer allocation and overall national priorities.

Funding applications were received from Wicklow County Council in 2001 and 2002 but in each case Murrough was identified as third in their order of priority. Regrettably their application in respect of Murrough was unsuccessful due to the constraints of available funding and overall national priorities.

A funding proposal for a study was submitted by Wicklow County Council in respect of Murrough in 2006 and in that year the Coastal Protection Programme provided funding of €41,250 towards the cost of the Murrough Coastal Protection Study which was carried out by RPS Consulting Engineers. This study was published in November 2007.

In February 2008 my Department invited proposals from Local Authorities for inclusion in the 2008 Coastal Protection Programme. An application was received from Wicklow County Council which included applications for funding at four locations, including the above location. The application for the above project is for funding of €3 million to cover the cost of two offshore breakwaters, as recommended by the RPS Consulting Engineers study. It should be noted this project was listed as the fourth priority of Wicklow County Council and that no application for emergency funding has been received.

All applications, including the Wicklow County Council application, are currently under consideration by my Department's Engineering Division. It is hoped to announce the Coastal Protection Programme for 2008 by early May. All applications will be given due consideration based on overall national priorities and Exchequer allocation.

Home Tuition.

Michael McGrath

Ceist:

426 Deputy Michael McGrath asked the Minister for Education and Science the position in relation to the provision of home tuition in July 2008 for children attending a special needs school (details supplied) in County Cork. [14812/08]

Deirdre Clune

Ceist:

432 Deputy Deirdre Clune asked the Minister for Education and Science if she will ensure that 20 hours July provision of home tuition per week is made available to all children; and if she will make a statement on the matter. [14874/08]

I propose to take Questions Nos. 426 and 432 together.

The July Education Programme is available to all special schools and mainstream primary schools with special classes catering for children with autism who choose to extend their education services through the month of July. My Department also provides for a July Programme for pupils with a severe/profound general learning disability. Where school based provision is not feasible, home based provision may be grant aided.

My Department encourages all eligible schools to participate in this initiative in the interest of the children in question. There has been a steady increase in the number of schools offering the programme since it was introduced in 2001 when relevant schools were circulated with details.

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.

Schools Building Projects.

Joe Costello

Ceist:

427 Deputy Joe Costello asked the Minister for Education and Science the reason a school (details supplied) in Dublin 7 is waiting for a permanent building since 1996; the length of time they will have to wait; the reason they have received no communication from her Department in 2008; if they will be in a permanent building by 2020; and if she will make a statement on the matter. [14843/08]

The Department is exploring as an option the provision of a new building on the existing school site. The further progression of the acquisition of the site and the associated building project will be considered in the context of the Department's multi-annual School Building and Modernisation Programme. It is not possible at this stage to indicate when a new school building will be available.

Tom Hayes

Ceist:

428 Deputy Tom Hayes asked the Minister for Education and Science when a decision will issue in the case of a person (details supplied) in County Tipperary. [14848/08]

An application for funding for roof works in respect of the school referred to by the Deputy has been received in my Department. This project is being assessed and the school authorities will be informed of the outcome as soon as possible.

Departmental Correspondence.

Seán Ó Fearghaíl

Ceist:

429 Deputy Seán Ó Fearghaíl asked the Minister for Education and Science her views on correspondence regarding a school (details supplied) in County Kildare; and if she will make a statement on the matter. [14857/08]

The correspondence referred to by the Deputy was received in the Developing Areas Unit of my Department on 10th April last. A response will issue to Chairperson of the School Board of Management shortly and I will arrange for a copy to be forwarded to the Deputy.

Schools Building Projects.

Brendan Howlin

Ceist:

430 Deputy Brendan Howlin asked the Minister for Education and Science if her attention has been drawn to the situation in relation to a school (details supplied) in County Wexford; her views on the accommodation and class size difficulties in this school; the status of this school’s application for new premises; and if she will make a statement on the matter. [14868/08]

Paul Kehoe

Ceist:

438 Deputy Paul Kehoe asked the Minister for Education and Science the status of the application for funding for construction of a new school (details supplied) in County Wexford; when a decision will be made; and if she will make a statement on the matter. [14926/08]

I propose to take Questions Nos. 430 and 438 together.

The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, will be considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme.

Home Tuition.

Deirdre Clune

Ceist:

431 Deputy Deirdre Clune asked the Minister for Education and Science if she will ensure that qualified special needs assistants will be accepted as providers of home tuition; and if she will make a statement on the matter. [14873/08]

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

The Deputy will appreciate, that as home tuition takes place outside of the normal school framework, there is need to ensure that tuition providers are appropriately qualified to give education to the children concerned. The usual requirement is a fully qualified teacher. However, other qualifications are acceptable depending on the individual needs of the child. A list of relevant qualifications may be sourced on my Department's website on www.education.ie. It is in the interests of children to expect that home tutors funded under this scheme are appropriately qualified tuition providers.

Question No. 432 answered with Question No. 426.

School Services Staff.

Ruairí Quinn

Ceist:

433 Deputy Ruairí Quinn asked the Minister for Education and Science the number of special needs assistants appointed to primary schools, broken down by county, for the years 2002 to 2007; and if she will make a statement on the matter. [14899/08]

The total numbers of whole-time equivalent Special Needs Assistants in primary schools for each school-year (June) are as follows:

2002/03 — 4,800

2003/04 — 5,018

2004/05 — 5,730

2005/06 — 6,506

2006/07 — 7,410

2007/08 (April) — 8,253

A break-down of these numbers on a county basis is only available for the current school-year. I will arrange to have these details forwarded directly to the Deputy.

Schools Recognition.

Michael McGrath

Ceist:

434 Deputy Michael McGrath asked the Minister for Education and Science if she has received an application for recognition of a new school (details supplied); and the way the application will be administered by her Department. [14906/08]

Officials from my Department are currently in receipt of correspondence in relation to the matter that the Deputy raises. The correspondence will be considered in the context of the overall provision of post-primary school places in the area to which the deputy refers over the coming years.

In general, new or additional second level all Irish schools can be established in either of two ways — either under the Department's normal planning processes or by way of an application by a sponsor/Patron.

With regard to the former, it is the function of School Planning and Building Unit to assess the educational infrastructural needs of an area at both primary and post primary level and to plan, in that context, for the establishment of new schools/ gaelcholáistí where this is deemed necessary.

The process of assessing the need for new or additional facilities entails consideration of all relevant factors, including enrolment and demographic trends, housing developments and the capacity of existing schools to meet the demand for places. Apart from this, it is open to a prospective sponsor to apply for the establishment of a new post primary school/ gaelcholáiste. In this event, among the criteria used to assess an application are:

That the needs of students likely to attend the school cannot reasonably be met by existing schools

The Patron is registered with the Department

The proposed enrolment is sufficient to ensue that the school will be viable in the long term

The enrolment will be sufficient to ensure that the school can operate a broad and balanced curriculum- The availability of suitable accommodation for the school.

That the Patron will comply with the rules and regulations governing post primary schools and all relevant Sections of the Education Act, 1998.

The Department is happy to support the establishment of new Gaelcholáistí where a need is demonstrated, bearing in mind optimal school size and other provision.

Schools Building Projects.

Michael McGrath

Ceist:

435 Deputy Michael McGrath asked the Minister for Education and Science the position regarding planned refurbishment work and a new building for a school (details supplied) in County Cork. [14907/08]

An extension and refurbishment project for the school referred to by the Deputy is in the early stages of architectural planning at an agreed projected enrolment of 500 pupils. Following on from a recent meeting with the school authorities, my Department have confirmed acceptance of the Trustees' offer for the sale of a portion of the site with the remainder of the site being gifted by the Trustees. When the site acquisitions issues have been completed, the proposed building project for the school will be considered in the context of the Department's Multi-Annual School Building and Modernisation Programme.

Site Acquisitions.

Michael McGrath

Ceist:

436 Deputy Michael McGrath asked the Minister for Education and Science the position in relation to the acquisition of a site for a new primary school (details supplied) in County Cork. [14908/08]

I wish to advise the Deputy that a suitable site has been identified for the school in question. The site comprises of three plots of land with three separate vendors. My Department are continuing to progress any outstanding issues in consultation with the CSSO. When the site acquisition is complete, a building project for the school will be considered in the context of my Department's School Building and Modernisation Programme.

Schools Recognition.

Michael McGrath

Ceist:

437 Deputy Michael McGrath asked the Minister for Education and Science if her Department will sanction a new school (details supplied) in County Cork to commence in September 2008. [14909/08]

In the context of establishment of schools, the New Schools Advisory Committee (NSAC) assesses all applications for new school recognition. The NSAC is an independent advisory group established to process applications for the recognition of new primary schools and to make recommendations to the Minister for Education and Science. I am presently considering the Committee's report and recommendations and expect to be in a position to make an announcement on the outcome of all applications towards the end of April.

Question No. 438 answered with Question No. 430.

School Staffing.

John O'Mahony

Ceist:

439 Deputy John O’Mahony asked the Minister for Education and Science the number of primary schools in County Mayo which have 30 or more children in classes; and if she will make a statement on the matter. [13858/08]

Class size data for the school year 2007/2008 are currently being processed and are not yet available.

Schools have flexibility in the way in which they assign pupils and teachers to classes and the Department does not allocate teachers to specific classes or age groups. The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30th September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

Posts allocated on the basis of this staffing schedule are specifically for mainstream classes and should be deployed accordingly. School authorities are requested to ensure that the number of pupils in any class is kept as low as possible, taking all relevant contextual factors into account (e.g. classroom accommodation, fluctuating enrolment). In particular, school authorities should ensure that there is an equitable distribution of pupils in mainstream classes and that the differential between the largest and smallest classes is kept to a minimum.

As the Deputy will be aware, major improvements have been made in staffing at primary level in recent years. There are now in the region of 6,000 more primary teachers than there were in 2002. By the 2006/07 school year, we had reduced the average class size in our primary schools to 24, while the pupil teacher ratio was 16.4:1, including resource teachers etc. In that year, schools were staffed on the basis of a general rule of at least one classroom teacher for every 28 children. Given that the national average was 24, many schools benefited from much more favourable staffing ratios than this.

Extra teachers were provided by the Government for the 2007/08 school year to improve primary school staffing so that schools would generally get at least one classroom teacher for every 27 children. I would like to point out that the Government has made provision for approximately 1,200 extra primary and post-primary teachers to be appointed in the next school year. The Programme for Government contains a commitment to provide 4,000 additional primary teachers between 2007 and 2012. With the extra teachers already put in place this year and those provided for in the Budget, we are ahead of target with about 2,000 extra primary teachers to be delivered within just two years.

As I have said on many occasions in the past, high quality teachers are by far the most important ingredient in our education system. Over the lifetime of the Government, we are committed to providing more primary school teachers specifically to reduce class sizes. We will also continue our focus on measures to improve the quality of education in our primary schools to ensure that increased resources lead to better outcomes for our children.

Schools Building Projects.

Olwyn Enright

Ceist:

440 Deputy Olwyn Enright asked the Minister for Education and Science when a report submitted to the planning section of her Department for a post-primary school (details supplied) in County Offaly will be completed; and if she will make a statement on the matter. [13859/08]

Schedules of Accommodation for the school to which the Deputy refers have been forwarded in the last few days to County Offaly VEC for the school authorities acceptance. Progression of the building project will be considered in the context of the multi-annual School Building and Modernisation programme.

Special Educational Needs.

Brian Hayes

Ceist:

441 Deputy Brian Hayes asked the Minister for Education and Science the support services available to second level students with autism, specifically with regard to speech and language therapy; and if she will make a statement on the matter. [13864/08]

The Deputy will be aware that my Department's policy is to support the inclusive education of students with special educational needs across the schools system. In this context, a range of supports are provided to second level schools to enable them cater for pupils with special educational needs, including the needs of pupils with autism. The supports available include additional teaching support, special needs assistant support, school transport and grants for the purchase of teaching materials and specialised equipment.

My Department's policy supports the provision of a range of choices for parents of children of a post-primary age with autism. The National Council for Special Education co-ordinates the placement of these children either in main stream post-primary schools with additional support as required, in a special class in a post-primary school or in a special school. While some children with autism can thrive in a mainstream class, special classes have been specifically designed to meet the needs of those who require more intensive support.

As the Deputy is aware enormous progress has been made over the past number of years in relation to increasing the number of teachers who are specifically dedicated to providing education for children with special educational needs. At second level, approximately 1,990 whole time equivalent additional teachers are in place to support pupils with special educational needs. In addition, there are 561 whole time equivalent learning support teachers and approximately 1,700 whole time equivalent special needs assistants (SNAs) in our second level schools.

Comprehensive guidance has recently been provided to schools on best practice for inclusion of students with special educational needs. The guideline document "Inclusion of Students with Special Educational Needs: Post-Primary Guidelines" was published by my Department's Inspectorate in June 2007 and is a significant step to further support second level schools in the inclusion of students with special educational needs. The guidelines advocate a whole-school approach to effectively meet the educational needs of students with special educational needs. Practical advice is provided to schools on the organisation and co-ordination of resources so as to maximise the support to each individual student.

The Deputy may also wish to note that the availability of continuing professional development for personnel working with children with special educational needs has been greatly expanded through a range of post-graduate professional training programmes and the ongoing development of the Special Education Support Service (SESS) to support schools staff locally.

The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants (SNAs) to schools to support children with special needs. SNAs are sanctioned specifically to assist in the care of pupils and students with disabilities in an educational context. The SENOs operate within the policy outlined in my Department's circular for allocating such support. Additional special classes for children with autism will be sanctioned by the National Council for Special Education as required. School Authorities typically liaise directly with SENOs in relation to their needs for such classes.

As the Deputy will be aware, the provision of therapy services, including speech therapy for people with disabilities, is a matter for the Health Services Executive (HSE) and funding is provided to the HSE for such purposes.

Schools Building Projects.

Áine Brady

Ceist:

442 Deputy Áine Brady asked the Minister for Education and Science the position in relation to the proposed extension to a school (details supplied) in County Kildare; when the school is expected to get approval from her Department to proceed with the extension; and if she will make a statement on the matter. [13872/08]

The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, will be considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme.

Olivia Mitchell

Ceist:

443 Deputy Olivia Mitchell asked the Minister for Education and Science when permission will be granted for a school (details supplied) in Dublin 16 to apply for planning permission in view of the fact that stage three of the process was given permission in November 2007 and that the temporary accommodation for 500 pupils can no longer be appropriately maintained; and if she will make a statement on the matter. [13922/08]

The project to which the Deputy refers is currently at an early stage of architectural planning process. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered on an on-going basis in the context of my Department's multi-annual School Building and Modernisation Programme.

Olwyn Enright

Ceist:

444 Deputy Olwyn Enright asked the Minister for Education and Science when she issued a directive that all queries in relation to the school buildings projects must be answered directly through her office rather than the school building unit; and if she will make a statement on the matter. [13949/08]

It has been the practice, and remains the practice, that when an elected representative makes an inquiry with the Department, they are directed to the Correspondence Unit attached to the Minister's office in the Department, which specifically deals with such queries. There has been no change in this practice.

Recently, there has been a re-organisation of the Planning and Building Unit of the Department, with the newly established developing Areas Unit set up to progress school building projects in rapidly developing areas. This is the only change that has taken place in recent times.

Institutes of Technology.

Bernard Allen

Ceist:

445 Deputy Bernard Allen asked the Minister for Education and Science the position regarding the application made by the governing body of Cork Institute of Technology for designation as a university in accordance with Section 9 of the Universities Act 1997. [13968/08]

To date applications have been received to invoke Section 9 of the Universities Act, 1997 from Cork Institute of Technology, Dublin Institute of Technology and Waterford Institute of Technology. Any such application requires a detailed examination in the context not only of the detailed statutory process to which they are subject but also of their wider implications for higher education policy generally.

These applications raise significant issues regarding Government policy towards higher education, in particular the existing roles of the Universities and Institutes of Technology which have distinctive missions from each other, provide different levels and types of academic programmes, fulfil different roles in the community and have separate academic and governance structures.

The Government wants to build on our strengths and to provide an environment where all our higher education institutions can develop in a way that best serves the country as a whole and the regions where they are based. These issues must be central to consideration of the appropriate next steps in relation to all applications, which I have been examining in conjunction with my Government colleagues.

While Dr Port's recent report is specifically on the Waterford application, it also provides a useful analysis of the wider context in which any application for designation as a university must be considered. The report provides an overview of the complex issues involved and will contribute to an informed debate, nationally and regionally on the issue and help inform final consideration of the matter.

The options presented in the Port Report are being examined carefully by officials of my Department and the Higher Education Authority with a view to developing specific proposals on the appropriate next steps in the context of wider considerations.

School Services Staff.

Tony Gregory

Ceist:

446 Deputy Tony Gregory asked the Minister for Education and Science her views on the IMPACT campaign on behalf of school secretaries to achieve basic standards in pay and conditions of employment; and if she will make a statement on the matter. [13969/08]

In general the arrangements for supporting secretarial and caretaking services in schools mirror those for providing support funding to the schools concerned. Primary and secondary schools are funded through capitation grants and likewise secretarial and caretaking services are funded by grants that are related to the number of pupils in the school.

It is the case that a small number of primary and post-primary schools continue to have caretaker and secretary posts funded under a scheme that was put in place in 1978 but which is being phased out as it has been superseded by the grant scheme that I have mentioned. The original 1978 scheme covered a relatively small number of primary and secondary schools and the decision to phase it out was part of a policy decision to spread the support more widely and ultimately cover all primary and secondary schools with funding for such services.

The funding approach adopted for caretaking and secretarial provision in second level schools in the VEC and Community and Comprehensive sectors schools is line with the funding mechanisms that apply generally in those schools. The amount of funding given to primary and secondary schools is not directly linked to any particular pay rates and furthermore schools have discretion how to apply this funding across their support service needs. My Department does not have any direct role in determining the pay and conditions under which they are engaged. These are matters to be agreed between the staff concerned and the school authorities. However, Boards of Management of individual schools are expected to comply with employment legislation and are advised accordingly in guidance from my Department.

In the context of discussions on the Social Partnership Agreement Towards 2016 an Informal Forum was established in the public sector to explore a number of staffing-related issues arising in companies/bodies operating in the voluntary/community sector that are largely funded from public funds.

As part of that informal process my Department has facilitated a number of meetings between the managerial bodies of schools employing secretaries and caretakers and the IMPACT and SIPTU trade unions representing the grades concerned. The most recent meeting took place on 11th March 2008 at which my officials undertook to continue to facilitate those discussions. In addition representatives of the management bodies of schools agreed to meet separately with the trade unions concerned on issues of concern to their members.

School Accommodation.

Seymour Crawford

Ceist:

447 Deputy Seymour Crawford asked the Minister for Education and Science the position regarding the application for devolved funding by a school (details supplied) in County Monaghan to replace the existing building, which is totally overcrowded and in a very dangerous situation regarding the health and safety of children, parents and teachers; if funding will be available in 2008; and if she will make a statement on the matter. [13972/08]

An application was submitted to the Department under the Small Schools Scheme 2007 by the school referred to by the Deputy. Due to the volume of applications received in my Department it was not possible to allocate funding to all proposed projects and the school referred to was not successful.

The main emphasis of the School Building and Modernisation programme this year is on the delivery of larger scale projects providing sufficient school places particularly in rapidly developing areas as well as delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country.

Schools Building Projects.

Brian Hayes

Ceist:

448 Deputy Brian Hayes asked the Minister for Education and Science the expenditure spent in 2006 and 2007 on the primary school building programme with a break down of the expenditure on the different schemes within the building programme; and if she will make a statement on the matter. [13977/08]

The total money spent on the Primary School Building Programme in 2006 was €244.898m.

Primary Capital Spend 2006

Major Projects: New Buildings, Extensions and Refurbishment — €107.020m

Summer Works — €35.660m

Minor Works Grant — €27.6m

PE Equipment Grant — €6.5 m

Small Schools Scheme — €28.891m

Permanent Accommodation Scheme — €14.333m

Contingency — €8.330m

Site Purchase — €10.787m

Remediation Programmes — €0.11m

Other (including Furniture, Young Offenders, CLÁR etc) — €5.542m

The total money spent on the Primary School Building Programme in 2007 was €398.555m. No funds were left over from the original budget and indeed an additional €92.555m was spent in excess of the original provision for the year. The spend of €398.555m is inclusive of an adjustment amounting to €27.1m that was conducted in the course of the year relating to 2006 payments to OPW for remediation works (€20m) and site purchases (€7.1m). The adjustment is reflected fully in the expenditure figures for both remediation works and site purchases below.

Primary Capital Spend 2007

Major Projects: New Buildings, Extensions and Refurbishment — €145.363m

Summer Works — €55.591m

Minor Works Grant — €27.593m

Small Schools Scheme/Initiative — €43.445m

Permanent Accommodation Scheme — €19.133m

Contingency — €18.195m

Site Purchase — €35.218m

Remediation Programmes — €34.430m

Other (including Furniture, Young Offenders, CLÁR etc) — €19.587m

School Curriculum.

Brian Hayes

Ceist:

449 Deputy Brian Hayes asked the Minister for Education and Science the reason a book (details supplied) was not regarded as a suitable book to be distributed by her Department to schools throughout the country, following a commitment on her behalf that she would consider different books for such a distribution; and if she will make a statement on the matter. [13978/08]

On occasion the teacher support services operated by my Department collaborate with outside organisations on initiatives which make available quality and relevant resources which enhance teaching and learning. In this way the Judging Dev publication was distributed by my Department following a recommendation from the History In-Service Team (HIST) and the Department's History Inspectorate.

I understand the HIST team considered the distribution of the publication referred to and decided not to pursue this issue further as the revised Leaving Certificate History syllabus places an emphasis on the use of primary materials for history. Unfortunately, this material is not made available independently of the main text within the book making it unsuitable for use by students at Junior Certificate level, or at Leaving Certificate, Ordinary level.

Home Tuition.

Brian Hayes

Ceist:

450 Deputy Brian Hayes asked the Minister for Education and Science if, in view of her very positive response to Parliamentary Question No. 413 of 11 March 2008 on the issue of her Department underpaying the home tuition grant to parents of children taught by qualified teachers at the ELI schools in Dublin, Wicklow and Galway, she will confirm that her Department’s special education section staff are still requesting a signature of the teachers concerned before a full repayment to the parents in such cases; if, in view of the near impossibility of obtaining the signatures of the teachers in question, some of whom may well be out of the jurisdiction, she will instruct her staff to take a sensible and fair approach to this issue; and if she will make a statement on the matter. [13982/08]

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

Home tuition grants are paid to the parents, who in turn make payment to the home tuition provider. Following the introduction of an increased rate of pay to suitably qualified home tuition providers, arrears payments are due to some tuition providers. It is envisaged that the process employed in making the original home tuition payments will be used in calculating the arrears. Before arrears payments are made, my Department needs to be satisfied that there is acknowledgement between the tuition provider and the parents that arrears payments are due.

School Accommodation.

Róisín Shortall

Ceist:

451 Deputy Róisín Shortall asked the Minister for Education and Science if she will provide a progress report on the negotiations between her Department and the authorities of a school (details supplied) in Dublin 11; and if she will provide an assurance to another school in Dublin 11 that there will be adequate accommodation available for them in September 2008. [13999/08]

I wish to assure the Deputy that negotiations between my Department and the school authority in question are ongoing and my Department has agreed in principle to purchase the school building from the school authority. The acquisition of the school building will be considered in the context of my Departments Multi-Annual School Building and Modernisation Programme.

Special Educational Needs.

Bobby Aylward

Ceist:

452 Deputy Bobby Aylward asked the Minister for Education and Science further to Parliamentary Question No. 230 of 12 March 2008, the reason the commitment given that the local special education needs officer would contact the parents of a child (details supplied) in County Kilkenny seeking increased resource hours before the school re-opens after the Easter holidays has not been honoured; and if she will make a statement on the matter. [14012/08]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants (SNAs) to schools to support children with special needs.

My officials have been in contact with the NCSE and have been advised that the NCSE are liasing directly with the Deputy's office regarding the pupil in question.

School Transport.

Ruairí Quinn

Ceist:

453 Deputy Ruairí Quinn asked the Minister for Education and Science the reason a person (details supplied) in County Dublin, has been refused school transport; if she will give permission for the student to be allowed access to the same school transport as their sisters; and if she will make a statement on the matter. [14018/08]

My Department will request further information from the Transport Liaison Officer for County Dublin regarding the background to the matter referred to by the Deputy in the details supplied. The case will be examined on receipt of the report.

Schools Building Projects.

Joan Burton

Ceist:

454 Deputy Joan Burton asked the Minister for Education and Science if her attention has been drawn to the concerns of the board of management of a school (details supplied) in Dublin 15, that the proposed refurbishment and extension programme for the school has been delayed and that the school had expected contractors to be on site some time ago but that her Department has indicated that such extensions are being delayed in the context of commitments to building new schools; when it is proposed to proceed with the funding for the refurbishment and extension programme of the school; and if she will make a statement on the matter. [14033/08]

The project to which the Deputy refers is currently at an early stage of architectural planning process. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered on an on-going basis in the context of my Department's multi-annual School Building and Modernisation Programme.

Institutes of Technology.

Deirdre Clune

Ceist:

455 Deputy Deirdre Clune asked the Minister for Education and Science if she is in receipt of an application from Cork Institute of Technology to acquire university status; her views on this application; and if she will make a statement on the matter. [14037/08]

To date applications have been received to invoke Section 9 of the Universities Act, 1997 from Cork Institute of Technology, Dublin Institute of Technology and Waterford Institute of Technology. Any such application requires a detailed examination in the context not only of the detailed statutory process to which they are subject but also of their wider implications for higher education policy generally.

These applications raise significant issues regarding Government policy towards higher education, in particular the existing roles of the Universities and Institutes of Technology which have distinctive missions from each other, provide different levels and types of academic programmes, fulfil different roles in the community and have separate academic and governance structures.

The Government wants to build on our strengths and to provide an environment where all our higher education institutions can develop in a way that best serves the country as a whole and the regions where they are based. These issues must be central to consideration of the appropriate next steps in relation to all applications, which I have been examining in conjunction with my Government colleagues.

While Dr Port's recent report is specifically on the Waterford application, it also provides a useful analysis of the wider context in which any application for designation as a university must be considered. The report provides an overview of the complex issues involved and will contribute to an informed debate, nationally and regionally on the issue and help inform final consideration of the matter.

The options presented in the Port Report are being examined carefully by officials of my Department and the Higher Education Authority with a view to developing specific proposals on the appropriate next steps in the context of wider considerations.

Educational Disadvantage.

Jan O'Sullivan

Ceist:

456 Deputy Jan O’Sullivan asked the Minister for Education and Science if proposals made to the Limerick Northside Regeneration Agency in relation to a school (details supplied) have been considered by her Department; if she will make funding available in 2008 to implement these proposals which include measures relating to absenteeism, special needs support, library facilities, book rental, retention of teachers and school completion programme; and if she will make a statement on the matter. [14058/08]

Following publication of the education elements of the Vision Statements of the Limerick Southside and Northside Regeneration Agencies, launched in January of this year, my Department's Mid-Western Regional Office has recently received proposals in relation to the needs of schools in the regeneration areas, including that cited by the Deputy. These proposals are being considered by my Department.

In considering the needs of an individual school, my Department must take into account, not only the level and impact of existing provision in that school, but also the Department's wider strategic commitment to all schools within the DEIS programme of education measures to assist schools in socially disadvantaged areas.

The school in question will benefit from inclusion in the Dormant Account Educational Disadvantage Programme funding package announced recently which will enable over 20 DEIS schools in Limerick to stay open after school hours, at weekends and during school holidays to facilitate access by children and the wider community to school amenities and to a variety of relevant activities.

Jan O'Sullivan

Ceist:

457 Deputy Jan O’Sullivan asked the Minister for Education and Science if and when her Department will allocate specific funding to finance projects for support of vulnerable children put forward by schools in the regeneration areas of Limerick City; and if she will make a statement on the matter. [14060/08]

Following publication of the education elements of the Vision Statements of the Limerick Southside and Northside Regeneration Agencies, launched in January of this year, my Department's Mid-Western Regional Office has recently received proposals in relation to the needs of schools in the regeneration areas. These proposals are being considered by my Department.

In considering the needs of individual schools, my Department must take into account, not only the level and impact of existing provision to those schools, but also its wider strategic commitment to all schools within the DEIS programme. In that context, as part of the Dormant Account Educational Disadvantage Programme funding announced recently, my Department has committed to enabling over 20 DEIS schools in Limerick to stay open after school hours, at weekends and during school holidays to facilitate access by children and the wider community to school amenities and to a variety of relevant activities.

Schools Building Projects.

Michael Ring

Ceist:

458 Deputy Michael Ring asked the Minister for Education and Science when she will give the final approval for a building project at a school (details supplied) in County Mayo to proceed. [14061/08]

The project to which the Deputy refers is currently at an early stage of architectural planning. The progression of all large scale building projects, including this project will be considered on an on-going basis in the context of my Department's multi-annual School Building and Modernisation Programme.

School Transport.

Michael Ring

Ceist:

459 Deputy Michael Ring asked the Minister for Education and Science if she will approve the alteration of a school bus route to facilitate children (details supplied) in County Mayo. [14063/08]

The Transport Liaison Officer for County Mayo has advised that the pupils referred to by the Deputy, in the details supplied, are ineligible for school transport as they reside less than 4.8 kilometres from their post primary centre.

Ineligible pupils may avail of concessionary fare paying transport on an existing service, provided there are spare seats available on the bus and no additional cost is incurred.

Consultancy Contracts.

Olivia Mitchell

Ceist:

460 Deputy Olivia Mitchell asked the Minister for Education and Science the consultants who carried out work for her Department or for any body under the auspices of her Department during 2007; if each consultant was an individual or a firm; the amount earned by each consultant in 2007; the basis of the calculation of same; the rate per hour, day, week, month or other period payable in each case; if in each case the consultant was engaged to prepare a report or to carry out work; if in the case of a report being prepared the report has been published; if not, when the report will be published; and if she will make a statement on the matter. [14103/08]

The information requested by the Deputy in relation to consultants engaged by my Department is being compiled and will be forwarded as soon as possible. Details of consultants engaged by agencies under the remit of my Department are a matter for the individual agencies concerned.

Bodies under the Aegis of the Department

Advisory Council for English Language Schools

An Chomhairle um Oideachais Gaeltachta agus Gaelscolaíochta

Centre for Early Childhood Development and Education

Commission on School Accommodation Needs

Dublin Institute for Advanced Studies

Education Finance Board

Further Education & Training Awards Council

Grangegorman Development Agency

Higher Education and Training Awards Council

Higher Education Authority

Integrated Ireland Language and Training Ltd.

International Education Board — Ireland

Irish Research Council for Science, Engineering and Technology

Irish Research Council for the Humanities and Social Sciences

Léargas — The Exchange Bureau

National Centre for Technology in Education

National Centre Guidance in Education

National Council for Curriculum and Assessment

National Council for Special Education

National Education Welfare Board

National Qualifications Authority of Ireland

Residential Institution Redress Board

Royal Irish Academy of Music

Royal Irish Academy

State Examinations Commission

The President's Award — Gaisce

The Teaching Council

Higher Education Grants.

Willie Penrose

Ceist:

461 Deputy Willie Penrose asked the Minister for Education and Science the reason a disability grant for a person (details supplied) in County Westmeath has not been awarded to date; if she will take steps to ensure that same is awarded without further delay; and if she will make a statement on the matter. [14177/08]

The National Access Office of the Higher Education Authority administers the Fund for Students with Disabilities on behalf of my Department. All institutions, prior to the beginning of the academic year, are notified of the application deadlines which apply at different times during the academic year.

In relation to the student referred to by the Deputy, the application to the Fund was received after the initial deadline of 19 October 2007. In line with existing practice, the applications submitted subsequent to the deadline were assessed after the applications submitted on time were assessed. The National Access Office received in excess of 500 additional late applications subsequent to the October deadline. I understand that the application in respect of the student referred to was assessed in line with procedural guidelines and that a decision was notified to the institution involved on 03 April 2008. It is the role of the institution to notify the student of the outcome of an application.

Schools Building Projects.

Richard Bruton

Ceist:

462 Deputy Richard Bruton asked the Minister for Education and Science the building projects she is releasing to proceed to construction. [14182/08]

On the 1st February last, I announced the first phase of projects that will commence construction during 2008. My announcement included details of the 18 large scale building projects approved for construction and a further 30 primary school projects in rapidly developing areas. Details of the projects approved can be viewed under the Press Release section of my Department's website at www.education.ie.

It is intended that these projects will commence construction during 2008. It is my intention to make a further announcement at a later date in respect of other projects and to provide an update on progress for the new schools planned for September 2008 delivery in developing areas. The main emphasis in 2008 is on providing sufficient school places in rapidly developing areas as well as delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country.

Tony Gregory

Ceist:

463 Deputy Tony Gregory asked the Minister for Education and Science the reason a school (details supplied) is no nearer a permanent building now than it was in 1996; the length of time her Department estimates that the children and staff of this school will continue to be housed in what they describe as third world conditions; the reason for the ongoing vagueness of her replies to Dáil Questions on this matter; when she estimates finality will be reached on this issue and a permanent school building will be built and opened; and if she will make a statement on the matter. [14184/08]

The Department is exploring as an option the provision of a new building on the existing school site. The further progression of the acquisition of the site and the associated building project will be considered in the context of the Department's multi-annual School Building and Modernisation Programme. It is not possible at this stage to indicate when a new school building will be available.

Schools Amalgamation.

Tom Sheahan

Ceist:

464 Deputy Tom Sheahan asked the Minister for Education and Science when the parents, teachers and pupils of schools (details supplied) can expect amalgamation in a new school in Kenmare to take place; when funding will be made available; and if she will make a statement on the matter. [14206/08]

The project to which the Deputy refers is currently at an early stage of the architectural planning process. The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, is considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme.

Schools Building Projects.

Deirdre Clune

Ceist:

465 Deputy Deirdre Clune asked the Minister for Education and Science if she has appointed a design team to a school (details supplied) in County Cork. [14207/08]

The process of appointing a design team is at an advanced stage. The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, is considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme.

Paul Nicholas Gogarty

Ceist:

466 Deputy Paul Gogarty asked the Minister for Education and Science the reason a school (details supplied) in Dublin 20 was not included in the latest list of building projects announced by her Department; if she will include this school on the next list of building projects to be funded, in view of the urgency of their circumstances; when such an announcement of funding for further building projects can be expected; and if she will make a statement on the matter. [14225/08]

The project to which the Deputy refers is currently at a very advanced stage of the architectural planning process. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered on an on-going basis in the context of my Department's Multi-annual School Building and Modernisation Programme.

Bernard Allen

Ceist:

467 Deputy Bernard Allen asked the Minister for Education and Science if she will make a statement on the position regarding a school (details supplied) in County Cork. [14251/08]

The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, will be considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme.

Special Educational Needs.

Seán Ó Fearghaíl

Ceist:

468 Deputy Seán Ó Fearghaíl asked the Minister for Education and Science if her Department will examine the needs of a child (details supplied) in County Kildare with autism, who has yet to receive approval for home tuition; and if she will make a statement on the matter. [14268/08]

The Deputy will be aware that the home tuition scheme provides funding to parents to provide education at home for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting a suitable educational placement. My officials have no record of receiving an application for home tuition for the child in question.

School Staffing.

Finian McGrath

Ceist:

469 Deputy Finian McGrath asked the Minister for Education and Science if she will support a case in relation to a school (details supplied) in Dublin 13. [14281/08]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30th September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

Data submitted to my Department by the Board of Management of the school referred to by the Deputy, indicate that the enrolment in the school on 30th September 2006 was 233 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on my Department's website at www.education.ie, the mainstream staffing in the school for the 2007/08 school year is a Principal and 9 mainstream class teachers.

According to data submitted to my Department by the Board of Management of the school, the enrolment in the school on 30th September 2007 was 231 pupils. In accordance with the staffing schedule (Circular 0010/2008), which is available on my Department's website at www.education.ie and a hard copy of which is in the process of issue to all primary schools, the mainstream staffing in the school for the 2008/09 school year will be a Principal and 8 mainstream class teachers.

Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30th September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30th September, sanction for the post is withdrawn.

An independent appeal board is now in place to decide on any appeals on mainstream staffing in primary schools. Details of the appeal procedure are outlined in the staffing schedule and also in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on my Department's website. It is proposed that the first meeting of the Appeal Board will be held in May, 2008. Further meetings will be held in June and October, 2008. The closing dates for receipt of appeals are 9 May, 20 June and 10 October, 2008 respectively. The Appeal Board operates independently of the Department and its decision is final.

Special Educational Needs.

Frank Feighan

Ceist:

470 Deputy Frank Feighan asked the Minister for Education and Science if she will ensure that a person (details supplied) in County Roscommon will have their special needs assistant hours reinstated with immediate effect. [14286/08]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants (SNAs) to schools to support children with special needs.

My officials have been in contact with the NCSE and have been advised that the pupil referred to by the Deputy continues to have access to a full time shared special needs assistant. In addition, I am informed that the pupil is in receipt of 4 individual resource teaching hours and has continual use of a soundfield system in the classroom.

School Transport.

Caoimhghín Ó Caoláin

Ceist:

471 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Science the reason no public school bus service is provided to the pupils of a school (details supplied) in County Monaghan; if she will take the steps necessary to ensure that children attending this school are serviced with this in the future; and if she will make a statement on the matter. [14289/08]

Under the terms of the Primary School Transport Scheme, pupils are eligible for transport if they reside 3.2 kilometres or more from, and are attending, their nearest national school. Bus Éireann, which operates the school transport scheme on behalf of my Department, has advised that there are insufficient numbers of eligible pupils to warrant the establishment of a service in accordance with the terms of the scheme. The position may be re-examined should more eligible pupils offer for transport.

Schools Building Projects.

Ulick Burke

Ceist:

472 Deputy Ulick Burke asked the Minister for Education and Science if the promised extension and refurbishment works for a school (details supplied) in County Galway has been included in the list of schools cleared to go to tender announced at Easter 2008; and if she will make a statement on the matter. [14295/08]

The project to which the Deputy refers is currently at an advanced stage of the architectural planning process. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered on an on-going basis in the context of my Department's multi-annual School Building and Modernisation Programme.

Third Level Education.

P. J. Sheehan

Ceist:

473 Deputy P. J. Sheehan asked the Minister for Education and Science if a person (details supplied) in Dublin 24 will qualify for a place in Trinity College as a disadvantaged student. [14515/08]

The position is that the universities are run as autonomous institutions. They are also academically independent and my Department does not have any function in the day to day operational affairs of such colleges. My Department has made enquiries in this regard and have been informed that the student in question should address her query to the Trinity Access Programme, Goldsmith Hall, Trinity College, Dublin 2.

Schools Building Projects.

Billy Timmins

Ceist:

474 Deputy Billy Timmins asked the Minister for Education and Science the position in relation to a school (details supplied) in County Wicklow; and if she will make a statement on the matter. [14516/08]

A site visit was carried out recently at the school referred to by the Deputy. A technical report on this visit is currently being compiled. The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, will be considered on an ongoing basis in the context of my Department's Multi-Annual School Building and Modernisation Programme.

School Accommodation.

Charles Flanagan

Ceist:

475 Deputy Charles Flanagan asked the Minister for Education and Science the situation regarding a school (details supplied) in County Laois which has been awaiting a classroom extension for three years; and if she will make a statement on the matter. [14550/08]

As part of the expansion of the Permanent Accommodation Scheme, a grant of €120,000 was sanctioned in March 2006 to enable the management authority of the school in question to provide an additional classroom.

The initiative allows Boards of Management to address their accommodation and building priorities with a guaranteed amount of funding and gives them control of the building project.

Additional grant was sanctioned in December 2006 to cover unavoidable extra costs associated with the project.

A further appeal for extra funding was submitted by the school, however, this appeal has been refused.

Schools Building Projects.

Charles Flanagan

Ceist:

476 Deputy Charles Flanagan asked the Minister for Education and Science the status of an application for a new school (details supplied) in County Laois. [14551/08]

The School Planning and Building Section of my Department is in receipt of an application for major capital funding from the school referred to by the Deputy. The first task is to appoint a design team to initiate the architectural design process and I wish to advise that the Board of Management is at an advanced stage in this regard.

Delivery of all building projects, including the school in question, will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

Site Acquisitions.

Charles Flanagan

Ceist:

477 Deputy Charles Flanagan asked the Minister for Education and Science when a site will be selected by her Department for a new school (details supplied) in County Laois; and if she will make a statement on the matter. [14552/08]

The amalgamation of the two schools in question has been agreed. When the site issue has been resolved the question of the provision of a school building to facilitate the amalgamation will be considered in the context of my Department's School Building and Modernisation Programme.

Schools Refurbishment.

Charles Flanagan

Ceist:

478 Deputy Charles Flanagan asked the Minister for Education and Science if the small school grant will be available to schools in the academic year 2008/2009; and if she will make a statement on the matter. [14553/08]

The devolved Small Schools and Permanent Accommodation schemes were introduced in 2003. The purpose of the Schemes was to devolve funding to individual school authorities to undertake smaller scale building works such as refurbishment of existing buildings/provision of small extensions with guaranteed funding. Under the terms of the Schemes, school authorities were empowered to manage these works with guidance from and minimal interaction with the Department.

Since the introduction of the Schemes, over 730 projects have been approved for funding. With so many smaller projects having been completed over the past few years, I decided to focus on delivering as many large projects as possible in 2008 particularly to ensure that sufficient school places will be available in rapidly developing areas as well as delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. The provision of a Small Schools Scheme in 2009 will be considered in the context of my Department's multi-annual School Building and Modernisation Programme for 2009 and subsequent years.

Schools Building Projects.

Charles Flanagan

Ceist:

479 Deputy Charles Flanagan asked the Minister for Education and Science when her Department will give final approval to a school building project (details supplied) in County Laois; and if she will make a statement on the matter. [14554/08]

The project to which the Deputy refers is currently at a very advanced stage of architectural planning process.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered on an on-going basis in the context of my Department's multi-annual School Building and Modernisation Programme.

Site Acquisitions.

Brian Hayes

Ceist:

480 Deputy Brian Hayes asked the Minister for Education and Science the position regarding her Department’s efforts to secure a new site for a school (details supplied) in County Dublin; and if she will make a statement on the matter. [14556/08]

I can confirm that the Property Management Section of the Office of Public Works (OPW) was asked to source a site for the school to which the Deputy refers. A number of sites have been identified and these are still under consideration in my Department.

Cóiríocht Scoile.

Aengus Ó Snodaigh

Ceist:

481 D’fhiafraigh Deputy Aengus Ó Snodaigh den Aire Oideachais agus Eolaíochta cén uair a dhéanfar cinneadh maidir le hiarratas Ghaelscoil Inse Chór ar sheomra ranga nua a fháil ar cíos. [14562/08]

Is mian liom a dhearbhú go bhfuarthas iarratas ó údaráis na Gaelscoile Inse Chór le haghaidh seomra ranga sa bhreis a chur ar fáil.

Tá sé glactha ag mo Roinn go bhféadfaí gnáthsheomra ranga a chur ar cíos. Rinneadh litir a eisiúint le déanaí chuig na húdaráis scoile.

Psychological Service.

Lucinda Creighton

Ceist:

482 Deputy Lucinda Creighton asked the Minister for Education and Science if her attention has been drawn to the difficulties faced by Polish educational psychologists in obtaining employment here; and the action being taken to facilitate them in view of both the need for qualified psychologists here and the high number of children of Polish origin in the education system. [14571/08]

Lucinda Creighton

Ceist:

483 Deputy Lucinda Creighton asked the Minister for Education and Science the practical experience required of Polish psychologists in order for their professional qualifications to be recognised here; and if she will make a statement on the matter. [14572/08]

I propose to take Questions Nos. 482 and 483 together.

As the Deputy will be aware all primary and post-primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA). Schools that do not currently have NEPS psychologists assigned to them may avail of the SCPA, whereby the school can have an assessment carried out by a member of the panel of private psychologists approved and paid for by NEPS.

In common with many other psychological services and best international practice, NEPS encourages a staged assessment process, whereby each school takes responsibility for initial assessment, educational planning and remedial intervention, in consultation with their assigned NEPS psychologist. Only if there is a failure to make reasonable progress in spite of the school's best efforts, will a child be referred for individual psychological assessment.

I can assure the Deputy that this service is available to all students, irrespective of their language skills or ethnicity and that interpretation services are provided, where required, for those students undergoing assessment.

The Deputy may be aware that the Health and Social Care Professionals Council was established in 2007 by my colleague the Minister for Health and Children, Mary Harney TD under the Health and Social Care Professionals Act 2005. The purpose of the Council is to provide for the statutory registration of 12 health professions including psychology. Its main focus at present is to put in place structures for registration, education and fitness to practise and I understand that a significant amount of work has been undertaken in the past year to prepare for registration. When fully operational, all psychologists will have to be registered with the Council in order to practise.

In the meantime, Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, applies to all EEA nationals wishing to practice a regulated profession in an EU Member State other than that in which they obtained their professional qualifications, on either a self-employed or employed basis. Its intention is to make it easier for qualified professionals, including psychologists, to practice their professions in European countries other than their own but due safeguards are provided in the assessment of the qualification for public health and safety and consumer protection.

The Department of Education and Science has overall responsibility for the Directive and the Department of Health and Children is the competent authority, acting on the advice of the Psychological Society of Ireland, in the case of the profession of psychology.

The Directive provides for an assessment of the qualifications of an applicant against those required to practise in the host member state, if the activities covered by the profession in the home member state and the host member state are comparable; if deficits in the qualifications are identified, subsequent post-qualification professional experience of the applicant must also be considered. If the need for compensation measures are identified, the host Member State must offer an applicant the choice of completing an adaptation period or taking an aptitude test.

In Ireland, non-Irish qualifications are assessed for their equivalence to the Irish qualifications required to work in the public health sector in Ireland.

I am advised by the Department of Health and Children that in 2007/8 it has processed only one application from a Polish national seeking professional recognition of qualifications in Educational Psychology and this application was successful.

I can inform the Deputy in relation to a recruitment competition for employment as an Educational Psychologist with my Department's NEPS service, held recently by the State Appointments Commission, that the following entry requirements were specified:

(1) A recognised 1st or 2nd class honours degree in psychology or a qualification acceptable to the Commissioners as equivalent (eligibility for graduate membership of the PSI or BPS will be acceptable); and

(2) A recognised post-graduate qualification in educational psychology conferred prior to February 2008.

or

A related post-graduate qualification and at least 3 years supervised post-graduate professional experience as a psychologist working with children and young people, preferably in an education setting (time spent on studying the relevant post-graduate qualification may be included within the 3 years) or

Consideration may be given by the Board to a recognised teaching qualification and at least 3 years teaching or related experience in the primary sector or in a relevant specialised role in the post-primary sector.

Furthermore under the SCPA scheme referred to above Psychologists on the panel are private practitioners who have satisfied NEPS:

(1) that they are graduate members of an appropriate professional body (e.g. the Psychological Society of Ireland or the British Psychological Society

(2) that they are Registered or Chartered psychologists or, if not, that they have at least one year's supervised experience of administering psychological tests to children.

School Services Staff.

Finian McGrath

Ceist:

484 Deputy Finian McGrath asked the Minister for Education and Science if she will support an issue (details supplied). [14574/08]

In general the arrangements for supporting secretarial and caretaking services in schools mirror those for providing support funding to the schools concerned. Primary and secondary schools are funded through capitation grants and likewise secretarial and caretaking services are funded by grants that are related to the number of pupils in the school.

It is the case that a small number of primary and post-primary schools continue to have caretaker and secretary posts funded under a scheme that was put in place in 1978 but which is being phased out as it has been superseded by the grant scheme that I have mentioned. The original 1978 scheme covered a relatively small number of primary and secondary schools and the decision to phase it out was part of a policy decision to spread the support more widely and ultimately cover all primary and secondary schools with funding for such services.

The funding approach adopted for caretaking and secretarial provision in second level schools in the VEC and Community and Comprehensive sectors schools is inline with the funding mechanisms that apply generally in those schools.

The amount of funding given to primary and secondary schools is not directly linked to any particular pay rates and furthermore schools have discretion how to apply this funding across their support service needs. My Department does not have any direct role in determining the pay and conditions under which they are engaged. These are matters to be agreed between the staff concerned and the school authorities. However, Boards of Management of individual schools are expected to comply with employment legislation and are advised accordingly in guidance from my Department.

In the context of discussions on the Social Partnership Agreement Towards 2016 an Informal Forum was established in the public sector to explore a number of staffing-related issues arising in companies/bodies operating in the voluntary/community sector that are largely funded from public funds.

As part of that informal process my Department has facilitated a number of meetings between the managerial bodies of schools employing secretaries and caretakers and the IMPACT and SIPTU trade unions representing the grades concerned. The most recent meeting took place on 11th March 2008 at which my officials undertook to continue to facilitate those discussions. In addition representatives of the management bodies of schools agreed to meet separately with the trade unions concerned on issues of concern to their members.

Site Acquisitions.

Andrew Doyle

Ceist:

485 Deputy Andrew Doyle asked the Minister for Education and Science the timescale for the provision of a permanent site for Wicklow gaelscoil; and if she will explain the suitability of site when it has just been vacated by a school. [14589/08]

I understand that the Deputy is referring to Gaeilscoil Cill Mhantáin. The Deputy will be aware that the school in question is currently located in temporary accommodation on a site in Rathnew. The acquisition of a site for the school will be considered in the context of the School's Building and Modernisation Programme.

School Transport.

Pat Breen

Ceist:

486 Deputy Pat Breen asked the Minister for Education and Science the reason persons (details supplied) in County Clare have not been facilitated; and if she will make a statement on the matter. [14606/08]

Under the terms of the Primary School Transport Scheme, children are eligible for free transport, subject to certain conditions, to their nearest national school.

Pupils not attending their nearest national school may avail of fare-paying transport to another school, provided:

(a) the written agreement of the board of management of the nearest school is secured;

(b) there are spare seats available on the bus; and

(c) no extra cost is incurred by extending or re-routing an existing service.

The family referred to by the Deputy should liaise with their local Bus Éireann office regarding the availability of spare seats on any existing bus service to the school in which the children are enrolled.

Schools Building Projects.

Dan Neville

Ceist:

487 Deputy Dan Neville asked the Minister for Education and Science the position regarding the provision of a new primary school at Kilfinane, County Limerick. [14601/08]

The project to which the Deputy refers is currently at a very advanced stage of architectural planning process.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered on an on-going basis in the context of my Department's multi-annual School Building and Modernisation Programme.

School Staffing.

Brian Hayes

Ceist:

488 Deputy Brian Hayes asked the Minister for Education and Science if the number of special needs teaching posts and resources provided through the general allocation model are determined on the basis of 2005 pupil enrolment figures; and if she will make a statement on the matter. [14609/08]

The allocation of teaching resources under the General Allocation Model is based on current enrolments for schools with developing school status. The enrolment base for the allocation of teaching resources for other schools has remained unchanged since the General Allocation Model was introduced in 2005.

Special needs resources have been increased significantly in recent years and there are currently almost 6,000 learning support and resource teachers in our primary schools.

When the General Allocation Model was first introduced it was intended that it would be reviewed after three years of operation. This review is currently underway. My Department has recently written to the education partners seeking their views in relation to the operation of the General Allocation Model.

The General Allocation Model has a number of benefits associated with it, among which are that it facilitates early intervention as the resource is in place when the child enrols and it puts resources in place on a more systematic basis, thereby giving schools more certainty about their resource levels. It is also the case that it reduces the need for individual applications and supporting psychological assessments and allows flexibility to school management in the deployment of resources.

Schools Building Projects.

P. J. Sheehan

Ceist:

489 Deputy P. J. Sheehan asked the Minister for Education and Science, further to Parliamentary Question No. 90 of 9 April, 2008, the original application date; the stages this project has completed and the dates these stages were completed; the further stages this school building project will have to complete before the school is built and ready for use by the school children; the average timescale in years for a project of this scale from original application to completion that it is taking her Department to process; and if she will make a statement on the matter. [14610/08]

An application for an extension was received in respect of the school referred to by the Deputy in February 2000. Schedules of accommodation were originally drawn up in 2001 and revised in 2006 to accommodate 550 pupils and agreed with the management in June 2006.

The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, will considered on an on-going basis in the context of this Department's Multi-Annual School Building and Modernisation Programme.

Water Conservation.

Brian Hayes

Ceist:

490 Deputy Brian Hayes asked the Minister for Education and Science the plans in place to introduce grant aid for water harvesting in schools; and if she will make a statement on the matter. [14615/08]

My Department is anxious to enable schools to conserve water and keep their bills as low as possible. An information package is currently being prepared for schools on the most appropriate measures to minimise excess consumption of water and to reduce wastage where it exists. As part of this exercise, technical guidance and specifications for the most common problems that are likely to arise in this area will be provided.

Rainwater harvesting systems have real potential to reduce schools future water bills in conjunction with other technologies. The demand for water in schools must be minimised firstly through push type spray taps, low flushing toilets, urinal controls, repairing leaks, etc, then the potential for rainwater harvesting can be maximised by reducing the amount of mains water used to flush toilets. (Typically this would be about two thirds of the water used in a school).

In that context my Department has selected Stamullen National School, Co Meath where a new 16 classroom GRD school is under construction to trial a rainwater harvesting system and are reviewing the suitability of other potential locations currently at early construction stage for such systems. While fitting the systems in new schools during construction is relatively straight forward, retrofitting them in existing schools is much more difficult and very expensive because of the various dedicated pipe work systems and the amount of builders work and making good that would be required in each instance.

In November 2007 the Minister for Environment, Heritage and Local Government, Mr. John Gormley TD, through Dublin City Council, launched a "Conserve Water in Schools' campaign which involved giving all schools in Dublin City a present of a water butt to collect rain water for use in school gardens and free "hippo bags" to put in toilet cisterns that will automatically reduce the amount of water used with each flush. A "Conserve Water in Schools Resource Pack" was launched which shows children how they can get involved in conserving water and put a stop to water wastage in their schools. The school pack shows children how to audit the amount of water used in their school and how to devise a plan of action to reduce water usage and to stop wastage. Action sheets in the pack encourage pupils to keep up their good water conservation habits and show them how to monitor and evaluate their own school's Plan of Action on an ongoing basis. All schools everywhere can get involved by downloading the schools' pack from the council's website, www.dublincity.ie.

Pupil-Teacher Ratio.

James Bannon

Ceist:

491 Deputy James Bannon asked the Minister for Education and Science the number of classes of 30 or more children under the age of nine years in primary schools in Longford and Westmeath; and if she will make a statement on the matter. [14670/08]

Class size data for the school year 2007/2008 are currently being processed and are not yet available. Class size data by pupil age is not available.

Schools have flexibility in the way in which they assign pupils and teachers to classes and the Department does not allocate teachers to specific classes or age groups. The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30th September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year.

Posts allocated on the basis of this staffing schedule are specifically for mainstream classes and should be deployed accordingly. School authorities are requested to ensure that the number of pupils in any class is kept as low as possible, taking all relevant contextual factors into account (e.g. classroom accommodation, fluctuating enrolment). In particular, school authorities should ensure that there is an equitable distribution of pupils in mainstream classes and that the differential between the largest and smallest classes is kept to a minimum.

As the Deputy will be aware, major improvements have been made in staffing at primary level in recent years. There are now in the region of 6,000 more primary teachers than there were in 2002. By the 2006/07 school year, we had reduced the average class size in our primary schools to 24, while the pupil teacher ratio was 16.4:1, including resource teachers etc. In that year, schools were staffed on the basis of a general rule of at least one classroom teacher for every 28 children. Given that the national average was 24, many schools benefited from much more favourable staffing ratios than this.

Extra teachers were provided by the Government for the 2007/08 school year to improve primary school staffing so that schools would generally get at least one classroom teacher for every 27 children.

I would like to point out that the Government has made provision for approximately 1,200 extra primary and post-primary teachers to be appointed in the next school year.

The Programme for Government contains a commitment to provide 4,000 additional primary teachers between 2007 and 2012. With the extra teachers already put in place this year and those provided for in the Budget, we are ahead of target with about 2,000 extra primary teachers to be delivered within just two years.

As I have said on many occasions in the past, high quality teachers are by far the most important ingredient in our education system.

Over the lifetime of the Government, we are committed to providing more primary school teachers specifically to reduce class sizes. We will also continue our focus on measures to improve the quality of education in our primary schools to ensure that increased resources lead to better outcomes for our children.

Schools Refurbishment.

James Bannon

Ceist:

492 Deputy James Bannon asked the Minister for Education and Science the number of schools, primary and secondary, awaiting refurbishment works; and if she will make a statement on the matter. [14671/08]

There are 477 major building projects, primary and post-primary, listed on my Department's school Building and Modernisation Programme. These projects are at various stages of the architectural planning process from the setting up of Design Teams right through to construction. This does not include smaller projects such as those approved under the devolved schemes.

Schools Building Projects.

Alan Shatter

Ceist:

493 Deputy Alan Shatter asked the Minister for Education and Science the reason the boards of management of a school (details supplied) in Dublin 16 have been instructed by her Department not to proceed to apply for planning permission for the construction of the essential new primary school facilities following on from her Department in November 2007 giving what is known as stage three technical approval; the reason no further communication since that date has been made to the boards of management concerning funding for the school; if her attention has been drawn to the fact that the 16 prefabricated buildings that accommodate up to 500 pupils are disimproving rapidly and can no longer be properly maintained; and if sanction will be given to apply for planning permission to enable the school project to progress. [14684/08]

The project to which the Deputy refers is currently at an early stage of architectural planning process.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered on an on-going basis in the context of my Department's multi-annual School Building and Modernisation Programme.

EU Treaties.

Jimmy Deenihan

Ceist:

494 Deputy Jimmy Deenihan asked the Minister for Defence if, in view of the forthcoming constitutional referendum on the Lisbon reform treaty, the treaty will require that Ireland increase its military spending; and if he will make a statement on the matter. [13866/08]

Jimmy Deenihan

Ceist:

496 Deputy Jimmy Deenihan asked the Minister for Defence the way permanent structured co-operation will function under the Lisbon reform treaty; the way its existence will affect Ireland; and if he will make a statement on the matter. [13868/08]

I propose to take Questions Nos. 494 and 496 together.

The Lisbon Reform Treaty makes some amendments to existing provisions on European security and defence. However, it does not alter their essential features. Firstly, national security will continue to remain the sole responsibility of each member state. There is no provision in the Treaty which will commit Ireland to increase defence expenditure, acquire capabilities or participate in missions. Secondly, the Treaty will not have any impact on Ireland's traditional policy of military neutrality. Any decision by Ireland to participate in EU-led military crisis management operations will be for sovereign decision on a case-by-case basis and in line with Irish constitutional and legislative arrangements. The "triple lock" provisions requiring a Government decision, Dáil approval, and UN authorisation will continue to apply in relation to service abroad by contingents of the Irish Defence Forces.

Ireland's position on the question of an EU common defence is also very clear. Under our Constitution we cannot and will not participate in a common defence without the prior consent of the people in a referendum.

There is a provision in the Lisbon Reform Treaty for permanent structured co-operation among those Member States "whose military capabilities fulfil higher criteria and which have made more binding commitments to one another in this area with a view to the most demanding missions". Structured co-operation involves a range of commitments to developing military capabilities and to more intense co-operation in such areas as training, equipment and logistics.

Participation in structured co-operation is on an opt-in basis. There is no obligation on any country to take part in permanent structured co-operation.

European Defence Agency.

Jimmy Deenihan

Ceist:

495 Deputy Jimmy Deenihan asked the Minister for Defence the nature and role of the European Defence Agency when Ireland joined, in view of the forthcoming Constitutional referendum on the Lisbon Reform Treaty; the changes in Ireland’s role in the agency that would result from the passage of the treaty; and if he will make a statement on the matter. [13867/08]

The European Defence Agency (EDA) was established under a Joint Action of the Council of Ministers on 12 July, 2004, "to support the Member States and the Council in their effort to improve European defence capabilities in the field of crisis management and to sustain European Security and Defence Policy as it stands now and develops in the future." Among the Agency's aims is to support Member States in the area of capability development, to overcome deficiencies and to support greater efficiencies in the European defence equipment market.

The Agency is ascribed four functions, relating to:

Defence capabilities development;

Armaments cooperation;

The European defence, technological and industrial base and defence equipment market;

Research & Technology

The Agency is an important forum by which the EU can seek to improve competitiveness and efficiency in the defence equipment sector which has, heretofore, suffered from fragmentation and duplication. While Ireland is not a major consumer of defence equipment, I believe that we should encourage developments which improve market efficiencies or which may yield economies of scale for equipment procurement for the Defence Forces.

To this end, on 6 July, 2004, the Government agreed that Ireland would participate in the framework of the Agency. Participation in the framework of the Agency does not impose any specific obligations or commitments on Ireland other than a contribution to the budget of the Agency. Participation in individual projects of the Agency is a matter for national decision on a case-by-case basis. National contributions to the budget are calculated on the basis of the GNI (Gross National Income) scale.

The Reform Treaty, in Articles 1.49(c) and 1.50, confirms the principal functions of the European Defence Agency, in line with the provisions of the Joint Action cited above. It also notes that the Agency "shall be open to all Member States wishing to be part of it."

The EDA affords EU Member States the opportunity of keeping track on capability developments and addressing shortfalls in a more comprehensive and systematic manner.

The EDA is intended to assist EU Member States in developing the necessary defence capabilities to support the Union's foreign and security policy objectives, including responding to crisis situations such as the current humanitarian emergency in Eastern Chad, where an EU mission led by General Pat Nash of the Defence Forces is underway.

Question No. 496 answered with Question No. 494.

Consultancy Contracts.

Olivia Mitchell

Ceist:

497 Deputy Olivia Mitchell asked the Minister for Defence the consultants who carried out work for his Department or for any body under the auspices of his Department during 2007; if each consultant was an individual or a firm; the amount earned by each consultant in 2007; the basis of the calculation of same; the rate per hour, day, week, month or other period payable in each case; if in each case the consultant was engaged to prepare a report or to carry out work; if in the case of a report being prepared the report has been published; if not, when the report will be published; and if he will make a statement on the matter. [14102/08]

The information requested by the Deputy is outlined in the table below:

Year

Name

Purpose

Cost

2007

McCann Fitzgerald, Solicitors,

To provide legal drafting, research and advice services in relation to the drafting of new Rules of Procedure and Court Martial Rules following the enactment of the Defence (Amendment) Act, 2007.

44,500

2007

Carr Communications

Conducted media Training to members of the Defence Forces

5,200

2007

Murray Consultants

Public Information & Awareness Campaign on Emergency Planning — contract provides for development of the emergency planning website, drafting, publication and distribution of handbook on emergency planning & media advertisement campaign associated with the launch of the handbook. The Contract was awarded following an EU-wide tender process. The handbook is being distributed to all households in the country at present

253,000

2007

Smith & KennedyArchitects

Refurbishment and Alterations to ‘A’ Block

Ranging from 20k to 140k

2007

Keogh McConnell Spence

Refurbishment and Alterations to ‘A’ Block

Ranging from 20k to 140k

2007

Delap & Waller

Refurbishment and Alterations to ‘A’ Block

Ranging from 20k to 140k

2007

CODA Architects Ltd T/A Cloonan, O’Donnell Architects

Refurbishment and Alterations to Block A & B

Ranging from 20k to 140k

2007

Kerrigan, Sheanon & Newman

Refurbishment and Alterations to Block A & B

Ranging from 20k to 140k

2007

Building Design Partnership

Refurbishment and Alterations to Block A & B

Ranging from 20k to 140k

2007

Wilson Architecture,

New Accommodation Billets

Ranging from 20k to 140k

2007

J O D A Engineering Consultants — Structural Engineer

New Accommodation Billets

Ranging from 20k to 140k

2007

Nolan Ryan,

New Accommodation Billets

Ranging from 20k to 140k

2007

J O D A Engineering Consultants — Services Engineer

New Accommodation Billets

Ranging from 20k to 140k

2007

Deady Gahan, Architects

Refurbishment of Block ‘C, Brigade HQ

Ranging from 20k to 140k

2007

Henley Kavanagh McGowan

Refurbishment of Block ‘C, Brigade HQ

Ranging from 20k to 140k

2007

Matt O’Mahoney & Associates Ltd

Refurbishment of Block ‘C, Brigade HQ

Ranging from 20k to 140k

2007

McCarthy O’Hora,

Refurbishment of Block 4, Plunkett Barracks,

Ranging from 20k to 140k

2007

Brendan Merry & Partners

Refurbishment of Block 4, Plunkett Barracks,

Ranging from 20k to 140k

2007

Varming Consulting Engineers

Refurbishment of Block 4, Plunkett Barracks,

Ranging from 20k to 140k

2007

Creen Sally

Refurbishment of C House Cathal Brugha

Ranging from 20k to 140k

2007

Desmond Mcrevey

Refurbishment of C House Cathal Brugha

Ranging from 20k to 140k

2007

Delap & Waller

Refurbishment of C House Cathal Brugha

Ranging from 20k to 140k

2007

SMT Consultants Ltd.

Risk Assessments in Dublin and Galway Offices for Health & Safety purposes

7,090

2007

Saville Holsworth SHL

Psychometric Testing

55,000

2007

Goldsmith Fitzgerald Partnership, now known as Pathway

Interview and Group Assessment Training

7,200

2007

Entograph Ltd.

To carry out a study to review and evaluate options for bracken control in the Glen of Imaal and identify a plan for its control. When the Report is received it will be readily available from the Department.

30,129

It should be noted that the Department has never included the under-mentioned project as a "Consultancy":

Engagement of Oracle EMEA Ltd in respect of implementation services for the installation of new financial and management information systems for the Department and the Defence Forces.

The cost of the work being carried out is based on tender price for contract. In relation to the value of contracts for refurbishment work being carried out, these are very recent appointments and in all cases are at the early stages of the projects. Such information would be commercially sensitive and it would be inappropriate to issue the value of individual contracts while the work is ongoing. However, I can say that they range in value from €20k to €140k. The Consultants outlined above are all working on behalf of ‘firms'.

Schengen Convention.

Joe Costello

Ceist:

498 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if there are proposals for Ireland to reconsider its position on joining the Schengen Convention; and if he will make a statement on the matter. [14853/08]

Ireland has successfully applied to participate in certain provisions of the Schengen Convention. However, Ireland has decided not to apply to participate in the Schengen arrangements to the extent that they deal with the abolition of border controls. This decision has been taken to maintain the common travel area with the United Kingdom which is a priority for Ireland. The measures which will enable Ireland to meet its Schengen requirements are currently being put in place.

Residency Permits.

Willie Penrose

Ceist:

499 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he will take steps to deal with an application for permission to remain in the State by a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [14804/08]

I wish to inform the Deputy that my Department is currently considering a request for permission to remain in the State from the person concerned. A decision in respect of this request will issue shortly.

Citizenship Applications.

Willie Penrose

Ceist:

500 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he will take steps to have an application for citizenship by a person (details supplied) in County Westmeath proceed without further delay; and if he will make a statement on the matter. [14808/08]

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 in March 2008.

The application has not been examined in detail. Examination of the residency will take place in the near future. The applicant will be informed at that time when his application will be further examined or, of any shortfall in his residency.

Asylum Support Services.

Denis Naughten

Ceist:

501 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No.175 of 10 April 2008, the plans he has to extend the deadline for the asylum seeker supports small grant scheme; the alternative funding options in place and available for organisations seeking to integrate and support asylum seekers into the community; and if he will make a statement on the matter. [14833/08]

As stated in Parliamentary Question No. 175 of 10 April 2008, funding is available from the Vote of the Office of the Minister for Justice, Equality and Law Reform through the ‘Asylum Seeker Supports Small Grant Scheme' details of which are available on the website of the Reception and Integration Agency (www.ria.gov.ie). This scheme provides funding to locally-based organisations which befriend, support and involve asylum seekers living in direct provision in the local community. The aim of the scheme is to promote interaction between asylum seekers and the local communities through providing supports for intercultural events and activities.

I can confirm that the closing date for the current small grants scheme was 29 February 2008. 55 applications for funding were received which are currently being assessed. The organisations involved will be notified in due course. There are no plans to extend the deadline for this scheme and no other formal funding scheme is available through the Reception and Integration Agency.

Crime Prevention.

Finian McGrath

Ceist:

502 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if a safety and security plan will be put in place at a location (details supplied) in Dublin 9. [14866/08]

I am informed by the Garda authorities that the location referred to is in Clontarf Garda sub-district and is patrolled by foot and mobile patrols from that Garda station. I am further informed that local Garda management is aware of anti-social behaviour in the area concerned.

Additional Garda patrols, including patrols by the District Detective and Drug Units, the Community Policing Unit and the Mountain Bike Units, supplemented as required by the Divisional Crime Task Force and Traffic Corps personnel, have been directed to pay particular attention to this area, with a view to ensuring a visible Garda presence.

Current policing policy in the area is predicated on the prevention of crime, including crimes of violence against persons and property, the prevention of public order offences and the maintenance of an environment conducive to the improvement of the quality of life of the residents. This strategy is, and will continue to be, central to the delivery of the policing service in this area.

Asylum Applications.

Denis Naughten

Ceist:

503 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the status of an application by a person (details supplied) in County Roscommon for leave to remain; if he will expedite the case; and if he will make a statement on the matter. [14869/08]

The person concerned arrived in the State on 30 January 2002 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 25 February 2003, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Garda Investigations.

Finian McGrath

Ceist:

504 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will advise on the case of a person (details supplied). [14882/08]

In the time available it has not been possible for the Garda authorities to supply the details requested by the Deputy. I will be in contact with the Deputy when the information is to hand.

Offensive Weapons.

Richard Bruton

Ceist:

505 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform his views on whether it is appropriate to introduce new legislation such as the random power to stop and search and new restriction on the sale of potential weapons in view of the growth in the possession of knives and other dangerous pointed weapons; and if he will make a statement on the matter. [14888/08]

As I have previously indicated, I asked the Garda Commissioner to review the law in relation in knives and other offensive weapons. I have recently received a report from him which is being examined. I will announce any proposals I may have when this examination is completed.

Visa Applications.

Michael D. Higgins

Ceist:

506 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform if it is possible for a non-EU national to marry an Irish national here while in the country on a holiday visa of three months duration; and if not, if he will offer the relevant advice as the best course of action to persons (details supplied). [14894/08]

While there is no specific arrangement which would facilitate a visa-required person to enter the state for the purpose of marriage, nor any specific provision in immigration law which would prevent a non-EU national marrying an Irish citizen while present in the State, every visa application is examined on its individual merits. Visa applicants are expected to provide comprehensive and correct information on the purpose of their journey to Ireland and to abide by the conditions of their visa when in the State. It is a general policy that a short-stay visa is for a maximum of 90 days, that it cannot be converted into a longer term permission to remain in the State and that the visa holder should leave the State on or before the date of expiry of their visa.

Comprehensive information on making a visa application is available on the website of the Irish Naturalisation and Immigration Service at www.inis.gov.ie.

Procedures to be followed in advance of marriage are a matter for the Registrar of Civil Marriages in the district in which the intended marriage is to take place, or for the authorities of the religious denomination involved in the case of a marriage by way of a religious ceremony.

Decentralisation Programme.

Phil Hogan

Ceist:

507 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform the position regarding the decentralisation of the Irish Prison Service to Longford; if the post of coordinator of education in prisons continues to exist; the person with responsibility for this post; if it is the intention to create a new post arising from the decentralisation process; and if he will make a statement on the matter. [14897/08]

The Headquarters of the Irish Prison Service has now successfully decentralised to its new location in Longford and is one of the first Offices to do so under the current decentralisation scheme.

I can confirm that the post of Coordinator of Education remains part of the IPS HQ staffing complement and is regarded as a key position in the roll-out of education and learning strategies for the prison population.

The current holder of the post does not intend to decentralise to Longford but will remain in his post until a replacement is recruited. Advertisements for the position were placed by the Public Appointments Service, with a closing date of 7 March, 2008. It is expected that the interview process will commence shortly and that a successful candidate will take up the post before the end of the summer. The current Coordinator of Education has been offered an alternative, Dublin based position in the Irish Prison Service.

Visa Applications.

Michael McGrath

Ceist:

508 Deputy Michael McGrath asked the Minister for Justice, Equality and Law Reform the position in relation to an application for a re-entry visa by a person (details supplied). [14905/08]

My department has no record of a current re-entry visa in respect of the person in question.

Garda Deployment.

Charlie O'Connor

Ceist:

509 Deputy Charlie O’Connor asked the Minister for Justice, Equality and Law Reform if he will provide additional resources to Tallaght Garda station to allow for an effective response to problems identified at a meeting (details supplied) in Dublin 24 which was attended by local Gardaí; if he will provide assurances to the community that action will be taken on the issues raised; and if he will make a statement on the matter. [14921/08]

As the Deputy will appreciate, policing operations and the deployment of Garda resources are matters for the Garda Commissioner. I have outlined the position in relation to Garda personnel attached to Tallaght Garda station in response to a separate question today from the Deputy (No. 610 refers).

I am advised by the Garda authorities that the meeting referred to by the Deputy was attended by members of the Garda Community Policing Unit. I am further advised that plans have been put in place to increase patrols in the areas involved and steps are being taken to address the policing issues raised at the meeting.

There are a total of five Garda Youth Diversion Projects in place in the Tallaght area one of which was recently established in the area referred to by the Deputy. These projects are coordinated by the Tallaght Youth Service. Local Gardaí also participate in the Community Development Initiative and in the RAPID initiatives and a Juvenile Liaison Officer has been specifically allocated to the area.

I have been assured that local Garda management constantly monitors criminal activity and crime levels within the area and the allocation of personnel to the relevant District and Division is kept under regular review to ensure an appropriate level of policing exists. Liaison with Estate Management, Neighbourhood Watch, Residents Associations, Community Groups and local Neighbourhood Gardaí will continue to be maintained in order to effectively address the issues identified.

Aengus Ó Snodaigh

Ceist:

510 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on whether Garda shift arrangements should be reviewed and altered to ensure that an adequate number of Gardaí are deployed between the hours of 10pm and 3am in urban areas here, and in Limerick particularly; and if he will raise the matter with the Garda Commissioner. [14924/08]

I have asked the Garda Inspectorate to examine the allocation of Garda resources generally and report on how the allocation can be improved. The terms of reference for the Inspectorate's study include:

an examination of the current resource allocation system for members of An Garda Síochána, including rostering and overtime, to see how well resources are made available to match demand for services and other operational requirements;

an examination of the current system of managing the availability of resources within An Garda Síochána for front line operational duties;

an analysis of the demand for policing services (emergency and non-emergency) and its distribution over time (through the day, week, and year). The geographical spread of such demand and the differing requirements in urban and rural locations should be examined;

an examination of potential alternative resource allocation systems to see whether there can be improvements in the match between availability of resources and the workload;

an examination of the consequences for resource allocation of issues such as special leave, term time working and medically restricted duties.

The Inspectorate has recently commenced its work in this area and, as with all studies carried out by the Garda Inspectorate, the Garda Commissioner will be fully consulted in the course of the work. I look forward to receiving the report of the Garda Inspectorate which will be laid before the Houses of the Oireachtas.

As the Deputy is aware, following the Fitzgerald report into the need to address social disadvantage in parts of Limerick City, the Garda Commissioner has allocated significant additional policing resources to the affected areas.

National Drugs Strategy.

Aengus Ó Snodaigh

Ceist:

511 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will make the necessary arrangements and secure funding for the dial to stop during drug dealing confidential non-Garda phoneline, which was successfully piloted in Blanchardstown, to be rolled out in Limerick without delay. [14925/08]

I am pleased to advise the Deputy that following the success of this local initiative in Blanchardstown, the National Drugs Strategy Team is currently finalising proposals to begin a national roll out of this programme this year in conjunction with the fourteen local and ten regional drug task forces.

The roll out of this initiative in Limerick will be considered in this context by the National Drugs Strategy Team in consultation with the Mid Western Regional Drugs Task Force.

Citizenship Applications.

Willie Penrose

Ceist:

512 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform when an application for a certificate of naturalisation by a person (details supplied) in County Westmeath will be finally determined; and if he will make a statement on the matter. [14929/08]

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 in October 2005.

On examination of the application it was determined that the person in question did not satisfy the residency requirement as set out in the Irish Nationality and Citizenship Act 1956, as amended. A letter informing him of this was issued, via his solicitor, on 18 October 2005. It is open for the person concerned to lodge a new application if and when he is in a position to meet the statutory requirements applicable at that time.

Asylum Applications.

Bernard J. Durkan

Ceist:

513 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he or his Department have received the documentation resubmitted on 14 March 2008; and if he will make a statement on the matter. [14962/08]

I refer the Deputy to my previous answers to Question No. 1044 of 26 September 2007, Question No. 1203 of 30 January 2008, and Question No. 209 of 21 February 2008. I am informed by the Immigration Division of my Department that the person in question is the subject of a Family Reunification application which was refused in July 2006.

Original documentation was requested in September 2007 and the person in question has recently submitted documentation to the Family Reunification section. The documentation is currently being considered and the person in question will be contacted in due course.

Residency Permits.

Bernard J. Durkan

Ceist:

514 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 County Meath; and if he will make a statement on the matter. [14963/08]

The first named person concerned arrived in the State on 24 April 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.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), he was informed, by letter dated 3 February 2005, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of submitting written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and these representations will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

The second named person concerned arrived in the State on 19 February 2002 and applied for asylum on 5 March 2002. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner, and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), she was informed, by letter dated 11 November 2004, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of submitting written representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and these representations will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Citizenship Applications.

Bernard J. Durkan

Ceist:

515 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if his Department will provide a copy of a letter dated 5 April 2007 referred to in the reply to Parliamentary Question No. 246 of 3 April 2008; and if he will make a statement on the matter. [14964/08]

I wish to inform the Deputy that a copy of the letter in question was re-issued to the person concerned on 15th April, 2008.

Residency Permits.

Bernard J. Durkan

Ceist:

516 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in the case of an application for family reunification in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [14965/08]

I am informed by the Immigration Division of my Department that the person in question was issued with a decision on his Family Reunification application in January 2003. The person in question has requested a review of his decision and the case is currently being re-examined and the person in question will be contacted in due course.

Bernard J. Durkan

Ceist:

517 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will arrange the issue of a green card to enable a person (details supplied) in Dublin 7 obtain employment; and if he will make a statement on the matter. [14966/08]

I refer the Deputy to replies given to Parliamentary Questions No. 237 of Thursday, 06 March 2008, No. 241 of Thursday, 31 January 2008, No. 193 of Thursday 8 November 2007, No. 956 of Wednesday 26 September 2007, No. 139 of Thursday 28 September 2006, No. 70 of Thursday 15 June 2006 and No. 248 of Thursday 16 February 2006.

The person concerned arrived in the State on 26 February 2003 and applied for asylum. The application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), he was informed, by letter dated 15 February 2005, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of submitting written representations to the Minister setting out the reasons why he should be allowed to remain in the State. Representations were received on behalf of the person concerned.

Following consideration of the case of the person concerned under Section 3 of the Immigration Act 1999 (as amended) and under Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, as an exceptional measure and subject to certain conditions, the person concerned was granted temporary permission to remain in the State for three years until 04 March 2011. The person concerned was duly notified of this decision by letter dated 05 March 2008. With regard to the Deputy's question concerning the issue of a registration card, this is a matter for the person concerned and the Garda National Immigration Bureau.

Bernard J. Durkan

Ceist:

518 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he or his Department will re-issue the correspondence requesting further documentation referred to in his reply to Parliamentary Question No. 966 of 26 September 2007 (details supplied); and if he will make a statement on the matter. [14967/08]

I refer the Deputy to my previous reply to Parliamentary Question No. 966 put down for answer on 26th September 2007.

I am informed by the Immigration Division of my Department that the person in question was granted permission to remain in the State in September 2000 following a Family Reunification application. I understand that the person's permission to remain expired on 12 January 2004. The Immigration Division wrote to the person concerned requesting documentation on 25 September 2007 and this letter has been reissued to the new address for the person in question supplied by the Deputy.

This matter will be further examined on receipt of the requested documentation.

Bernard J. Durkan

Ceist:

519 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 County Dublin; and if he will make a statement on the matter. [14968/08]

I refer the Deputy to Parliamentary Question No. 1206 of Wednesday, 30 January 2008.

The first named person arrived in the State on 16 January, 2003 and applied for asylum. The application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), he was informed, by letter dated 31 August 2004, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

An application for a certificate of naturalisation from the spouse of the person referred to in the Deputy's question was received in the Citizenship section of my Department in August 2007. On examination of the application it was determined that the person concerned did not satisfy the residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. A letter informing her of this was issued on 28 January 2008. It is open to the person in question to lodge a new application when she is in a position to meet the statutory requirements applicable at that time. With regards to the two children of the persons concerned one of them is an Irish citizen. My Department has no record of a second child.

Bernard J. Durkan

Ceist:

520 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or intended residency status in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [14969/08]

The person concerned arrived in the State on 18 November 2005 and claimed asylum. The person concerned gave birth to her son on 27 December 2005 and her son was added to her asylum claim. Their application was refused following consideration of their 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 20 November, 2006, that the Minister proposed to make Deportation Orders in respect of them and afforded them 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 Deportation Orders or to submit, within 15 days, written representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State i.e why they should not be deported.

An application for Subsidiary Protection on behalf of the person concerned was received in my Department on 19 February 2007. On 25 September 2007 the person concerned was notified that the Minister had determined that she was not a person eligible for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 S.I. No. 518 of 2006 ('the Regulations') and he would now proceed to consider whether a deportation order should be made in respect of her and her son.

Their case was examined under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996, as amended, on the Prohibition of Refoulement. Consideration was given to representations submitted on their behalf for permission to remain in the State. On 26 February 2008 I refused permission to remain in the State and instead signed Deportation Orders in respect of them. Notice of these Orders were served by registered post requiring the person concerned and her son to present themselves at the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on 27 March 2008 in order to make travel arrangements for their removal from the State. The person concerned presented as requested and was given a new presentation date of 1 April 2008. The person concerned failed to present as requested on this date and is classified as evading her deportation.

The effect of the Deportation Orders is that the person concerned and her son must leave the State and remain thereafter out of the State. The enforcement of the Deportation Orders remains an operational matter for the Bureau.

Bernard J. Durkan

Ceist:

521 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if extended residency will be considered in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [14970/08]

The person concerned applied on 1st April 2005 for permission to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1st January 2005, commonly referred to as the IBC/05 Scheme. This application was refused on 18th October, 2006 as the applicant did not meet the criteria of the scheme. On 9th April, 2008 the person concerned was invited to submit updated representations to my Department under Section 3 of the Immigration Act, 1999 and any representations received will be considered in due course.

Bernard J. Durkan

Ceist:

522 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if extended residency can or will be granted in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [14971/08]

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

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

Bernard J. Durkan

Ceist:

523 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if his Department’s attention has been drawn to the fact that the family reunification order of his Department is seeking confirmation that a person (details supplied) in County Dublin entered the State as a programme refugee in view of the fact that they have stamp four status up to 18 February 2009; and if he will make a statement on the matter. [14972/08]

I refer the Deputy to my previous answers to Parliamentary Questions No 1025 of 26 September 2007, No. 1196 of 30 January 2008, and No. 211 of 7 February 2008. I am informed by the Immigration Division of my Department that the person in question made a Family Reunification application in March 2006.

This application is under consideration by my Department and the applicant was contacted by the Family Reunification section of my Department on 3rd April 2008 and to date a response has not been received by that section.

Bernard J. Durkan

Ceist:

524 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if temporary residency can be granted in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [14973/08]

The person concerned arrived in the State on 29 October 2006 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), she was informed, by letter dated 31 August 2007, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.

Bernard J. Durkan

Ceist:

525 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 24; and if he will make a statement on the matter. [14974/08]

I refer the Deputy to Parliamentary Question No. 981 of Wednesday 26 September 2007 and the written Reply to that Question. The person concerned arrived in the State on 17 April 2003 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.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 21 October 2004, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Bernard J. Durkan

Ceist:

526 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 8 will be offered extended residency in view of the fact that they have resided here for six years, has entered into commitments and may be subjected to threats and intimidation if returned to their homeland; and if he will make a statement on the matter. [14975/08]

The person concerned arrived in the State on 4 April 2002 and claimed asylum. His application was refused by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

The person concerned was informed by letter dated 31 December, 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 days, written representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State i.e why she should not be deported.

On 28 June 2004 my predecessor refused the person in question permission to remain in State and instead signed a Deportation Order in respect of him. Notice of the order was served by registered post and he presented himself to the Garda National Immigration Bureau (GNIB), 13-14 Burgh Quay, Dublin 2 on Thursday 27 January 2005 as requested. He has continued to meet the presentation requirements of the GNIB and is due to present at GNIB, 13-14 Burgh Quay on 13 May 2008.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order remains an operational matter for the Bureau.

Bernard J. Durkan

Ceist:

527 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) in Dublin 24; and if he will make a statement on the matter. [14976/08]

The first person concerned has an ongoing asylum application and it is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on this application will be made upon receipt of the decision of the Refugee Appeals Tribunal.

The second person concerned was granted permission to remain in the State until 13th July, 2009 under the revised arrangements for parents of children born in Ireland prior to 1st January, 2005, commonly referred to as the IBC/05 scheme.

Bernard J. Durkan

Ceist:

528 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 8 who has provided proof of parentage of an Irish born child; and if he will make a statement on the matter. [14977/08]

I refer the Deputy to my reply to Parliamentary Question No. 214 of 6th March, 2008. The position remains unchanged.

Bernard J. Durkan

Ceist:

529 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a Garda National Immigration Bureau card will be renewed in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [14978/08]

I have sought a report on the matter from the relevant officials in the Irish Naturalisation and Immigration Service (INIS). When I have received this report, I will then write to the Deputy directly.

Bernard J. Durkan

Ceist:

530 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected status in respect of residency in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [14979/08]

The person concerned arrived in the State, together with her child, on 16 January 2004 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 12 September 2005, that the Minister proposed to make deportation orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State. In addition, by letter dated 20 February 2008, the person concerned was notified of her entitlement to apply, within a defined time period, for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned did not submit an application for Subsidiary Protection in the State by the due date.

Representations have been submitted on behalf of the person concerned and these representations will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Asylum Applications.

Bernard J. Durkan

Ceist:

531 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform his views on the granting of extended leave to remain in the State for a person (details supplied) in County Monaghan having particular regard to humanitarian and medical grounds; and if he will make a statement on the matter. [14980/08]

I refer the Deputy to Parliamentary Questions No. 202 of Thursday, 10 April 2008 and No. 225 of Thursday, 3 April 2008 and the written Replies to those Questions.

The person concerned arrived in the State on 12 September 2006 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.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), he was informed, by letter dated 14 February 2008, (and by amended letter dated 4 April, 2008) 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.

Refugee Status.

Bernard J. Durkan

Ceist:

532 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in Dublin 8 will receive their Garda National Immigration Bureau card; and if he will make a statement on the matter. [14981/08]

I would refer the Deputy to the reply given to his Dáil Question Number 211 of Thursday 10 April 2008. The status of the person concerned remains the same as set out in that reply.

The person concerned failed to present as requested with the Garda National Immigration Bureau, 13-14 Burgh Quay, Dublin 2 on 20 January 2005 and is classed as an evader. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the Deportation Order remains an operational matter for the Garda National Immigration Bureau.

Bernard J. Durkan

Ceist:

533 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for refugee status in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [14982/08]

The Office of the Refugee Applications Commissioner, (ORAC), determined on 17 November, 2006, in accordance with the terms of the Dublin II Regulation, Council Regulation (EC) No. 343/2003, that Germany is responsible for examining the asylum application of the person concerned. The Dublin II Regulation is intended to prevent the phenomenon of ‘asylum shopping' across Europe and sets out criteria for determining which Regulation State is responsible for examining an asylum application where applications have been lodged in more than one Regulation State or whereby an asylum seeker has been granted a visa to enter another Regulation State and has entered that other State before entering Ireland and making an asylum application here. At the same time, it guarantees applicants that one State will process their application, thereby preventing the creation of ‘refugees in orbit', a situation which had previously pertained in Europe.

The person concerned was requested to present to the Garda National Immigration Bureau, (GNIB), on Wednesday 29 November, 2006, at 14.30hrs to make arrangements for his transfer to Germany where he had previously made an asylum application. He failed to present as requested and is now recorded as having evaded his transfer. The person remains illegally present in the state and should present himself to GNIB or the Gardaí without further delay.

Visa Applications.

Bernard J. Durkan

Ceist:

534 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to a stamp four visa in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [14983/08]

I refer the Deputy to my reply to Parliamentary Question No 209 of 10th April, 2008. The position remains unchanged.

Residency Permits.

Bernard J. Durkan

Ceist:

535 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to residency status in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [14984/08]

The person concerned arrived in the State on 8 October 2004 and applied for asylum on 8 December 2004. 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. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 January 2006, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered under Section 3 (6) of the Immigration Act, 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Bernard J. Durkan

Ceist:

536 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [14985/08]

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

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

Bernard J. Durkan

Ceist:

537 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to a residency application in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [14986/08]

The person concerned arrived in the State on 18 April 2002 and applied for asylum on 9 May 2002. 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.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 19 May 2004, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Bernard J. Durkan

Ceist:

538 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to a residency application in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [14987/08]

I refer the Deputy to Parliamentary Questions No. 188 of Thursday, 10 April 2008, No. 697 of Tuesday 25 April 2006, No. 193 of Thursday 9 March 2006 and No. 141 of Thursday 23 February 2006 and the written Replies to those Questions.

The person concerned arrived in the State on 4 October 2003 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 23 March 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Asylum Applications.

Bernard J. Durkan

Ceist:

539 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for asylum in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [14988/08]

The Office of the Refugee Applications Commissioner, (ORAC), determined on 2 January, 2007, in accordance with the terms of the Dublin II Regulation, Council Regulation (EC) No. 343/2003, that the United Kingdom is responsible for examining the asylum application of the person concerned. The Dublin II Regulation is intended to prevent the phenomenon of ‘asylum shopping' across Europe and sets out criteria for determining which Regulation State is responsible for examining an asylum application where applications have been lodged in more than one Regulation State or whereby an asylum seeker has been granted a visa to enter another Regulation State and has entered that other State before entering Ireland and making an asylum application here. At the same time, it guarantees applicants that one State will process their application, thereby preventing the creation of ‘refugees in orbit', a situation which had previously pertained in Europe.

The person concerned was requested to present to the Garda National Immigration Bureau, (GNIB), on Thursday 18 January, 2007, at 14.30hrs to make arrangements for his transfer to the United Kingdom where he had previously made an asylum application. He failed to present as requested and is now recorded as having evaded his transfer. He is currently illegally present in this State and is liable to be arrested and detained without further notice. He should make himself known to Garda National Immigration Bureau or the Gardaí without further delay so that arrangements can be made for his transfer to the United Kingdom.

Residency Permits.

Bernard J. Durkan

Ceist:

540 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to residency status in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [14989/08]

The person concerned arrived in the State on 8 October 2004 and applied for asylum on 8 December 2004. 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. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 January 2006, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Asylum Applications.

Bernard J. Durkan

Ceist:

541 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an asylum seeker application in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [14990/08]

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

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

Asylum Support Services.

Denis Naughten

Ceist:

542 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform his plans to review the asylum direct provision system; and if he will make a statement on the matter. [14217/08]

The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers through the policy of direct provision. Direct provision is the means by which the State discharges its obligations to provide for the basic requirements of asylum seekers. For the most part, this represents a cashless system with the State assuming responsibility for providing suitable accommodation and certain other services on a full board basis.

Direct provision was introduced on 10 April, 2000 and brought Ireland into line with best practice in other EU Member States, including the United Kingdom. It is widely accepted that a harmonised approach to the provision of accommodation and ancillary services for asylum seekers is by far the best approach and I believe the system of direct provision represents a fair and effective means of meeting the needs of this group.

At end March 2008, the RIA's accommodation portfolio comprised 63 accommodation units across 22 counties accommodating 6,800 persons representing 96 different nationalities. The Deputy might wish to note that the RIA has accommodated just under 49,000 asylum seekers since 2000.

All accommodation costs, together with the costs of meals, heat, light, laundry and maintenance are paid directly by the State. Asylum seekers in direct provision accommodation also receive an allowance which has been assessed to take into account any benefit and privilege, including full board and lodging, provided through direct provision arrangements.

In addition to full board accommodation, the RIA provides a number of ancillary services to asylum seekers in direct provision accommodation. All asylum seekers are offered free medical screening on arrival in the State. The State provides access to health services for asylum seekers on the same basis as for Irish citizens. Asylum seekers in direct provision accommodation will generally qualify for a medical card whereby they are eligible to receive a wide range of health services free-of-charge including GP services and prescribed medicines. Other HSE-provided supports include Public Health Nurse and Community Welfare Supports as well as a dedicated asylum seeker psychological service.

Asylum seeker children are entitled to access free Primary and Post-Primary education on the same basis as an Irish citizen. In addition, English language supports are made available to adult asylum seekers; in some cases facilities are provided on-site in RIA accommodation centres for such classes. At a number of centres, the RIA has provided facilities for on-site preschool services which, in addition to engaging children, allow parents to pursue other activities such as English language supports.

In communities where direct provision accommodation centres are located, the RIA and the management of such centres seek to engage with local service providers and assist local support groups in their interaction with the asylum seekers resident at those centres. Funding to assist local support groups is made available through the ‘Asylum Seeker Supports Small Grant Scheme'.

In relation to the standard of accommodation provided in direct provision, the deputy may wish to note that all accommodation providers are required under contract to ensure that accommodation centres comply and operate in accordance with all statutory requirements of local authorities and state agencies in relation to bedroom capacity, food, food-hygiene, water supply, fire safety and general safety.

In addition, all operators are required to offer menus which reflect the reasonable ethnic dietary customs of asylum seekers. There are 96 nationalities with hugely divergent food and ethnic needs accommodated by the Agency at present and in all the large centres, 56-day menu cycles are in place. Other centres, depending on their size, operate 28-day and 14-day menu cycles. In addition, particular emphasis is placed on meeting, to the greatest extent possible, specific needs of asylum seekers. For example, special arrangements are made to cater for the needs of Muslims observing Ramadan.

The Agency engages independent external assessors to conduct comprehensive inspections of all centres on at least an annual basis. These inspections are always unannounced and the inspectors look at all aspects of the accommodation centres in relation to the proprietors' obligations under the contract. These inspections cover such areas as reception, staff cover, menus, facilities being provided, maintenance of the property and fire and safety issues. In addition, the Agency has an internal Inspections Unit which conducts inspections of each of the properties used to accommodate asylum seekers at least on a twice yearly basis. Further unannounced visits are made to accommodation centres throughout the State on a regular basis by senior management to ensure that standards are being maintained. Staff from the Agency hold information clinics on a regular basis in accommodation centres which afford asylum seekers an opportunity to comment on accommodation and operating standards and to discuss other general issues.

Any diminution in standards which comes to the attention of the RIA is immediately followed up and proprietors are instructed to make any changes and improvements deemed necessary. Follow-up inspections are also arranged as appropriate. In cases where standards stipulated in the contract have not been met and the proprietor has not made sufficient efforts to remedy the situation, the contract may be terminated.

I would strongly contend that the treatment of asylum seekers in this country is, at a minimum, on a par with the best on offer in this context anywhere in the EU. I would further contend that the direct provision system delivers a high standard of service, a consistent standard of service and value for money to the taxpayer through coordinated service delivery to asylum seekers. I do not believe that any alternative model would deliver the same level and consistency of service to asylum seekers. While the operation of direct provision is being constantly monitored, and is kept under continuous review in my Department, I have no intention of seeking a change in direct provision policy at this time.

Legislative Programme.

Phil Hogan

Ceist:

543 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform when the rule against perpetuities will be repealed; and if he will make a statement on the matter. [13842/08]

The position is that section 16 of the Land and Conveyancing Law Reform Bill 2006, which is currently awaiting Committee Stage in the Select Committee on Justice, Equality, Defence and Women's Rights, provides for repeal of the rule against perpetuities.

Road Traffic Offences.

Seán Barrett

Ceist:

544 Deputy Seán Barrett asked the Minister for Justice, Equality and Law Reform if he will supply this Deputy with the information sought in Parliamentary Question No. 527 of 12 February 2008 relating to the numbers randomly breath-tested on roads here in 2007; the number and percentage of those who were taken to Garda stations for blood or urine testing; the number and percentage of those who were found to be over the blood-alcohol limit; and if he will make a statement on the matter. [13862/08]

I am informed by the Garda authorities that the information requested by the Deputy is currently being researched. I will contact the Deputy again as soon as the information is to hand.

Deportation Orders.

Aengus Ó Snodaigh

Ceist:

545 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the case of a person (details supplied) in Dublin 24; the stage their application is at; and if he will look favourably on this application. [13875/08]

The person concerned arrived in the State on 9 October 2005 and applied for asylum. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 10 July 2007, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.

Criminal Prosecutions.

Finian McGrath

Ceist:

546 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will respond to a query (details supplied). [13879/08]

I am informed by the Garda authorities that the property referred to by the Deputy is currently sub-divided into a number of self-contained units and is located within the Garda sub-district of Clontarf. I am further advised by the Garda authorities that due to intelligence held at the District Drug Unit which indicated that the resident of one of the units was suspected of involvement in the sale and supply of drugs, a surveillance operation was mounted which resulted in a search of the premises on April 3, 2008 during which substances believed to be heroin and cocaine were seized. One person was arrested in relation to this seizure and is currently before the Courts for offences contrary to the Misuse of Drugs Acts, 1977/84. It is also understood that the person in question has since been evicted from this property.

Crime Levels.

Richard Bruton

Ceist:

547 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform the headline offences, classified by headline offence group, which led to convictions by Garda district, for the year 2000 for the Dublin metropolitan region. [13880/08]

In the time available it has not been possible for the Garda authorities to supply the details requested by the Deputy. I will be in contact with the Deputy when the information is to hand.

Richard Bruton

Ceist:

548 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform the headline offences, recorded and detected, classified by headline offence groups for the years 2006 and 2007 for the Dublin metropolitan region. [13881/08]

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 since the third quarter of 2006. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Garda Investigations.

P. J. Sheehan

Ceist:

549 Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform if she will direct that every assistance possible, and all necessary information, is supplied to a person (details supplied). [13921/08]

I have requested a Garda report in relation to this matter, and I will contact the Deputy again when the report is to hand.

Question No. 550 answered with Question No. 28.

Crime Levels.

Charles Flanagan

Ceist:

551 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which knives or sharp implements were used in respect of each year from 1998 to date in 2008; the number of such cases in which prosecutions for murder were initiated; the number of such cases where convictions were secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [13925/08]

I am informed by the Garda authorities that the following table shows the numbers of murders recorded which involved the use of a knife or sharp instrument, proceedings commenced and convictions for the years 2000 to 2007 and in 2008 up to 8 April. Figures provided for 2008 are provisional, operational and liable to change. Figures for murder offences by weapon type, other than a firearm, prior to 2000 are not readily available and would require a disproportionate expenditure of Garda time and resources to collate.

The detection rate for murder by its nature increases over time as Garda investigations progress. It is expected that the number of convictions obtained in respect of specific years will increase as Garda investigations are concluded and the number of proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder. Furthermore such persons charged and brought before the courts may be convicted of offences other than murder.

As the Deputy will appreciate, I have no role in the investigation or prosecution of cases. This is a long standing principle of our system of justice. The role of the Gardaí is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The Director, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and/or statute law. The courts similarly are independent, subject only to the Constitution and the law, in the exercise of their judicial functions.

The numbers of murders recorded in which a knife or sharp instrument was used, proceedings commenced and convictions for the years 2000 to 2007 and in 2008 up to 8 April

Year

Recorded

Proceedings commenced

Convictions

2008* (up to 8 April)

4

3

0

2007

36

24

1

2006

23

15

5

2005

18

13

8

2004

11

9

9

2003

8

6

6

2002

24

19

17

2001

20

16

12

2000

9

7

7

*Figures are provisional, operational and liable to change.

Garda Investigations.

Fergus O'Dowd

Ceist:

552 Deputy Fergus O’Dowd asked the Minister for Justice, Equality and Law Reform if he will release details of the Garda investigation into the Wellington Quay bus crash of 2004, specifically what the Garda concluded as to the cause of the accident; and if he will make a statement on the matter. [13930/08]

I am informed by the Garda authorities that the incident which occurred on Wellington Quay in 2004 involving a double-decker bus and which resulted in fatal injuries to five persons and serious injuries to others, was the subject of a criminal investigation by members of An Garda Síochána. I am further informed that an investigation file was submitted to the Law Officers and in September, 2004 directions were received to prosecute the bus driver for offences contrary to the Road Traffic Acts, 1961 — 2007, including dangerous driving causing death. The case was before the Courts in 2007 and the driver was found not guilty of these offences. As the Deputy will appreciate, I have no role in the investigation or prosecution of cases and the courts are independent — subject only to the Constitution and the law — in the exercise of their judicial functions.

Visa Applications.

Tom Hayes

Ceist:

553 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the position regarding the case of persons (details supplied) who have requested an extension on their visas to allow them to remain here longer due to family circumstances. [13931/08]

The Immigration Division of my Department has recently been in contact with the persons referred to by the Deputy in relation to this case.

Residency Permits.

Tom Hayes

Ceist:

554 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform when a decision will issue in the case of a person (details supplied) in County Tipperary who has applied for residency here. [13950/08]

An application for residence in the State on the basis of marriage to an Irish national was received from the person in question in August 2007. Applications of this kind, in fairness to all other such applicants, are dealt with in strict chronological order and are currently processed within a twelve month period. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State.

Question No. 555 answered with Question No. 15.

Garda Stations.

Dr Martin Mansergh

Ceist:

556 Deputy Martin Mansergh asked the Minister for Justice, Equality and Law Reform the Garda stations in south Tipperary which are manned on a 24 hour basis. [13980/08]

I am informed by the Garda Commissioner that the Garda Stations in South Tipperary that are manned on a 24 Hour basis are Cahir, Tipperary Town and Clonmel Garda Stations. The opening hours of the other Garda Stations in South Tipperary are dependent on manpower availability on a daily basis. An increase in the opening hours of these Stations would necessitate the employment of additional Garda personnel on indoor administrative duties who may be more effectively employed on outdoor policing duties.

Residency Permits.

Beverley Flynn

Ceist:

557 Deputy Beverley Flynn asked the Minister for Justice, Equality and Law Reform when a decision will be made on a long-term residency application by a person (details supplied) in County Mayo. [13985/08]

As outlined in my reply to Parliamentary Question No. 532 on the 12th February 2008, persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

The dependants of the aforementioned, who have been legally resident in the State for over five years, may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long term residency. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residency from the person referred to by the Deputy was received in October 2006. I understand that applications received in August 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Citizenship Applications.

Finian McGrath

Ceist:

558 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform the stage an application for naturalisation is at for a person (details supplied) in Dublin 11. [14006/08]

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 in November 2004. Processing of the application has commenced and the file will be submitted to me for a decision in the coming months.

The Deputy will appreciate that each application received is subject to various enquiries and depending on the complexity of the case in question, these can take time to complete. I am advised by my officials that the application referred to by the Deputy should be sent to me for decision shortly.

Garda Investigations.

Paul Nicholas Gogarty

Ceist:

559 Deputy Paul Gogarty asked the Minister for Justice, Equality and Law Reform if situations exist whereby top-level Garda informers are made immune from prosecution or investigation in respect of matters involving third parties, such as incidences of alleged rape; and if he will make a statement on the matter. [14011/08]

I can assure the Deputy that situations of the kind outlined in his question do not arise. I am informed by the Garda authorities that policy and practices have been introduced to reflect best international practice in the management and use of covert human intelligence sources by members of the Garda Síochána. Although it would not be in the public interest to detail the policy and practices, I can confirm that persons who meet specific criteria contained in the Garda Síochána's code of practice are assessed and, where considered appropriate, are managed by appropriately trained Garda personnel.

All persons, including those who provide information to the Garda Síochána, are amenable to criminal investigation. Where an offence is disclosed, the matter is fully investigated and a Garda investigation file is submitted to the Director of Public Prosecutions (DPP), as appropriate. It is the responsibility of the DPP to determine whether criminal prosecution is initiated against any person in respect of a serious offence such as alleged rape, and the DPP performs this function in a statutorily independent manner.

Residency Permits.

Catherine Byrne

Ceist:

560 Deputy Catherine Byrne asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in Dublin 12; and if he will make a statement on the matter. [14017/08]

The person concerned applied, on 10th February, 2005 for permission to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1st January 2005, commonly referred to as the IBC/05 Scheme. This application was refused on 20th December 2005 as the applicant did not meet the criteria of the scheme. The person concerned has been invited to submit updated representations to my Department under Section 3 of the Immigration Act, 1999 and any representations received will be considered in due course.

Criminal Offences.

Emmet Stagg

Ceist:

561 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform the reason the Garda does not prosecute offenders who continue to develop under an Act (details supplied); if they are precluded from doing so; if so, the action he will take to rectify the situation; and if he will make a statement on the matter. [14027/08]

The Act referred to by the Deputy creates a number of criminal offences which are punishable by fine and or imprisonment. The penalties for these offences are set out in section 156 of the Act. I am informed that while members of An Garda Síochána have a common law duty to enforce the law, they have no expressed powers under the Act in question. Section 157 of the Act expressly bestows the power to prosecute offences under the Act on the Planning Authority.

Asylum Applications.

Caoimhghín Ó Caoláin

Ceist:

562 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question Nos. 408 to 410, inclusive, of 8 April 2008, the number of family members of these refugees who were subsequently allowed to join them in the State through family reunification procedures. [14041/08]

I am informed by the Immigration Division of my Department that it is not possible to provide the statistical information requested as it would require an inordinate amount of research and staff time to do so and this cannot be justified in current circumstances where there are other significant demands on the resources in the Family Reunification area.

Visa Applications.

Bernard J. Durkan

Ceist:

563 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a multi-entry visa will be arranged for a person (details supplied); and if he will make a statement on the matter. [14085/08]

It is not the general practice of the Visa Office to issue multiple journey visas unless a compliant travel history to Ireland in the recent past has been shown. In that context, a Visa Officer would normally expect to be satisfied that the conditions of at least two previous visas had been observed. Two single journey visas have been approved for the person concerned recently. There is, however, no record of a current application.

Niall Collins

Ceist:

564 Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform the position of a visa application for persons (details supplied). [14091/08]

There is no record of current applications for visas in my Department in respect of the persons referred to. The people concerned should make applications to the Irish Embassy in Ankara, Turkey. Comprehensive details of the types of visa, the procedures and the documents required are available on the website of the Irish Naturalisation and Immigration Service — www.inis.gov.ie.

Questions relating to work permits are a matter for the Work Regulations Division of the Department of Enterprise, Trade and Employment. A reply to the Deputy's representations on this matter will be issued in the near future.

Consultancy Contracts.

Olivia Mitchell

Ceist:

565 Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform the consultants who carried out work for his Department or for any body under the auspices of his Department during 2007; if each consultant was an individual or a firm; the amount earned by each consultant in 2007; the basis of the calculation of same; the rate per hour, day, week, month or other period payable in each case; if in each case the consultant was engaged to prepare a report or to carry out work; if in the case of a report being prepared the report has been published; if not, when the report will be published; and if he will make a statement on the matter. [14109/08]

I have set out the information requested by the Deputy in relation to the expenditure from my Department's Vote on consultancy during 2007 in the following table. The Deputy should note that the bodies associated with the Department but with their own Vote, specifically An Garda Síochána, the Irish Prison Service, the Courts Service and the Property Registration Authority, have been requested to reply to the Deputy directly.

Insofar as the hourly rates charged in each instance are concerned, in light of the large number and wide variety of projects in question, it is not feasible to assemble such details without the application of a disproportionate amount of staff resources.

Name of Consultancy

Description

Expenditure in 2007

Report Published Yes/No

Date Report Published

Accenture

Consultancy Service for GNIB Information System

60,197.00

No

N/A

Barret Mahony Consulting Engineers Ltd

Construction project management role, Irish Youth Justice Service

84,764.00

No

N/A

Barret Mahony Consulting Engineers Ltd

Assessment of building suitability for refurbishment, Irish Youth Justice Service

4,235.00

No

N/A

Brendan Sheils

Capital appraisal, cost/ benefit analysis and business case for redevelopment of children detention schools

45,980.00

No

N/A

Brendan Sheils

Value for Money & Policy reviews (Garda)

14,923.00

No

N/A

Deirdre Phelan

Advice & Contribution to School Syllabus in respect of Data Protection Issues

2,025.42

Yes

November 2007

Executive Security

Consultancy on Operational Protocols, Training and Security for Garda Síochána Ombudsman Commission (GSOC)

30,436.00

No

N/A

Executive Security

Consultancy Services for Private Security Authority

37,805.00

No

N/A

Fitzpatrick Associates

Research to guide core funding for organisations in field of integration

28,798.00

This research has been completed and the report is to be considered by the task force on integration which is being set up by the Minister for Integration

No publication date available at present

IBM Ireland Ltd

Project Management for setup of internal database for Private Security Authority (PSA)

45,873.00

No

N/A

Institute of Public Administration

Study on Traveller Interagency Work

20,181.92

No

Work ongoing in 2008

Joe Boyle

Review of Recruitment in GSOC

1,704.00

No

N/A

John Burrows

Assessment of Disability Grant Funding Scheme Applications

5,352.97

No

N/A

Margaret O’Driscoll

Advice in relation to Garda Síochána Act 2005

3,932.00

No

N/A

McCormack Horner Ltd

Preparatory drawings and a draft specification to assess feasibility for the fitting out of dental surgery at Oberstown

2,420.00

No

N/A

Mentoring Connection

Consultancy Services regarding Change Management Conferences for INIS

18,513.00

No

N/A

Miller-White Associates

Local Mediation/Facilitation Interventions

6,089.00

No

N/A

Ralaheen Ltd

Promotion of Gender mainstreaming in Ireland for NDP Gender Equality Unit in 2007

35,100.00

No

Publication is under consideration

Name of Consultancy

Description

Expenditure in 2007

Report Published Yes/No

Date Report Published

Ralaheen Ltd

Evaluation on Traveller Internship Programme in the Civil Service

15,609.00

Yes

24 October, 2007

OCS Consultancy

Review of Anti-Racist Workplace Week

24,516.00

No

N/A

Orbit Consultancy

National Audit of the work of the Probation Service

27,000.00

No

N/A

Orbit Consultancy

Probation Service Investigation

3,670.00

No

N/A

Orbit Consultancy

Preparation of an initial report which formed part of the Value for Money and Policy Review of Projects funded by the Probation Service

2,223.00

No

Report referred to in the VFM and Policy Review which will be published shortly

Paula Fitzsimons

Consultancy Service — Going for Growth Project (Enterpeneurship),NDP Gender Equality

60,500.00

No

N/A

Hibernian Consulting

Provision of Technical Support for Lone Parents Initiative, NDP Gender Equality

33,000

No

N/A

Petrus Consulting

Value For Money and Policy Review of the Probation Service

47,642.00

No

Report nearing completion and will be published shortly

Price Waterhouse Coopers

Advisory Services for Inspectorate of Prisons and Places of Detention

1,651.00

No

N/A

Price Waterhouse Coopers

Evaluation of tenders and assistance in contract negotiation and service level agreement for Reception and Integration Agency

28,852.00

Yes

5 January, 2007

Price Waterhouse Coopers

Project Development and Management Setup of Internal Database for PSA

102,275.00

No

N/A

Q4 Public Relations

National Action Plan on Racism

130,773.90

No

N/A

Siobhan Lynam Research & Consultancy

Study on Gender Proofing of policies and programmes of the Traveller community under the aegis of the Equality Proofing Working Group

23,232.00

No

Internal use

Professor Ingvar Kopp

Review of Forensic Science Laboratory Resource Needs

30,513.02

Yes

January, 2008

Sweeney Consulting

Professional advice on new and emerging media (Irish Film Censor’s Office)

321.26

No

N/A

Escat Limited

Security Consultant, GSOC

81,438.20

No

N/A

Techskills Resources Ltd

Project Management for GSOC

62,799.00

No

N/A

IBI Group

Procurement Support Services (Road Safety Cameras)

81,000.00

No

N/A

Prospectus Consultants

Monitor, evaluate and report on the implementation of PMDS in the Department of Justice, Equality & Law Reform

25,088.72

Yes

2008

Name of Consultancy

Description

Expenditure in 2007

Report Published Yes/No

Date Report Published

Wright Consulting

Development of HR Strategy and redevelopment of PMDS system, National Disability Authority (NDA)

33,031.95

No

N/A

Clarion Consulting

Development of Project Management System and organisational training on same, NDA

41,917.00

No

N/A

Colgan & Associates

Facilitation Services, NDA

1,452.00

No

N/A

Insight Consultants

PR Services, NDA

49,613.54

No

N/A

Carmel Corrigan

To support the development and implementation of equality proofing and Integrated proofing, Equality Authority

10,617.75

No

N/A

Tracey O’Brien

To support the development and implementation of equality proofing and Integrated proofing, Equality Authority

1,625.00

No

N/A

Work Research Co-operative

European Year project review of Roles and Aspirations of Organisation representing groups experiencing inequality, Equality Authority

12,070.00

No

N/A

Hibernian Consulting

Review of European Year of Equal Opportunities for All, Equality Authority

8,326.00

No

Pending

Corporate Community

Technical assistance to the National Framework Committee for Equal Opportunities at the level of the Enterprise, Equality Authority

50,000.00

No

N/A

Goodbody Economic Consulting

Research on approaches by statutory bodies in other jurisdictions to provision of information on rights, Equality Authority

12,070.00

No

N/A

Debbie Ging

Research on images of women in advertising, Equality Authority

7,714.00

No

Expected 2008

NUI Maynooth

Equality Assessment of admission policies in second level schools, Equality Authority

8,000.00

No

N/A

Helm

Internal Review of Governance in the Equality Authority

4,749.00

No

N/A

School of Education studies DCU

Research on Homophobic Bullying in schools, Equality Authority

15,000.00

No

N/A

ESRI

Ongoing Research Programme on Equality and Discrimination, Equality Authority

120,400.00

No

Expected 2008

TCD Gender Studies Unit

Stereotyping in Children’s Advertising, Equality Authority

7,714.00

Yes

2007

Residency Permits.

Tom Sheahan

Ceist:

566 Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Kerry can expect to receive their stamp four status. [14131/08]

The position in relation to long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residency from the person referred to by the Deputy was received on the 31 January 2007. I understand that applications received in August 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Tom Sheahan

Ceist:

567 Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Kerry can expect to receive stamp four status. [14132/08]

The position in relation to long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residency from the person referred to by the Deputy was received on the 12th June 2007. I understand that applications received in August 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified. The person in question also made an application for Business Permission in the State which was refused in August 2007. There is currently an appeal pending in relation to this refusal and a decision should issue shortly.

Human Rights Issues.

David Stanton

Ceist:

568 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 176 of 4 March 2008, the further progress that has been made with regard to ratification of the UN Convention on the Rights of Persons with Disabilities; if he expects the convention to be ratified by Ireland in 2008; and if he will make a statement on the matter. [14164/08]

I have nothing further to add to the details of my reply to Question No. 176 of 4 March 2008 other than to indicate that the programme of work that has been developed so as to meet the legislative and administrative obligations under the Convention is being actively addressed by the relevant Departments, including my own Department, and that the intention of the Government is to have the Convention ratified as quickly as possible consistent with implementation of the various legislative and administrative measures.

Closed Circuit Television Systems.

Deirdre Clune

Ceist:

569 Deputy Deirdre Clune asked the Minister for Justice, Equality and Law Reform the support his Department will provide to introduce closed circuit television cameras on the public roads around University College Cork; and if he will make a statement on the matter. [14169/08]

Deirdre Clune

Ceist:

570 Deputy Deirdre Clune asked the Minister for Justice, Equality and Law Reform the support his Department will provide to introduce closed circuit television cameras on the public roads around Cork Institute of Technology; and if he will make a statement on the matter. [14170/08]

I propose to take Questions Nos. 569 and 570 together.

CCTV systems have become an important and effective tool to support policing and community safety and they also act as a useful deterrent to crime and public disorder. Garda CCTV schemes are planned and implemented on the basis of the Garda Commissioner's identified operational needs. Garda CCTV systems are operational in 11 towns and cities around the country, including Cork, and a major programme of expansion involving the implementation of CCTV systems in a further 14 locations is underway. I am advised by the Garda Authorities that the expansion of the Garda CCTV scheme in Cork city is under consideration in the context of overall policing requirements there.

Garda Vetting Services.

Jack Wall

Ceist:

571 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position of a Garda clearance certificate application for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [14198/08]

I am informed by the Garda authorities that a vetting application form in respect of the person in question was received by the Garda Central Vetting Unit on 10 March, 2008, and that the corresponding response was approved for issuance on 10 April, 2008.

Citizenship Applications.

Seán Barrett

Ceist:

572 Deputy Seán Barrett asked the Minister for Justice, Equality and Law Reform the reason for the delays in processing Irish citizenship applications which can run to upwards of three years; if the process of notifying applicants, if their applications meet the statutory conditions can be expedited; if additional staff will be recruited to reduce the current backlog of applications; and if he will make a statement on the matter. [14203/08]

The existing processing time for applications for certificates of naturalisation is approximately thirty months and this is primarily due to the significant increase in the volume of applications received in the last number of years. The procedures employed to assess an applicant for naturalisation are as set out in summary form below.

Upon receipt, an initial examination of each application is carried out 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, within a matter of weeks from the date the application is received, and will be able to reapply when they have the required residency.

Further processing takes place at a later stage and 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. Depending on the complexity of any given case, these processes can take a lengthy time to complete. Once all enquiries are completed, the file is referred to me for a decision.

The Deputy will appreciate that 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 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. I have, however, recently allocated additional resources to the Citizenship section of my Department as well as instructed my officials to undertake a review of the various processes in order that these might be streamlined further where possible.

Forensic Medical Examiner Service.

Bernard Allen

Ceist:

573 Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform if he will make a statement on the recent findings that the lack of a forensic medical examiner service here is failing victims of serious crime, detainees and doctors (details supplied). [14255/08]

The Garda Síochána has of course arrangements in place for the supply of necessary medical services. These arrangements are being reviewed by a working group, representative of An Garda Síochána, my Department, the Department of Health and Children and the Forensic Science Laboratory, to see how these services might be enhanced in line with best international practice. I look forward to receiving the views of the Garda Commissioner following finalisation of the working group's report.

Liquor Licensing Laws.

Eamon Gilmore

Ceist:

574 Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform if he will make a statement on reports that a considerable number of licensed premises and nightclubs in County Donegal are operating without valid liquor licences since 2006. [14278/08]

A licence granted under the Licensing Acts 1833 to 2004 permits the licensee to sell intoxicating liquor in specified premises in accordance with the terms of the licence. It is an offence under licensing law to sell intoxicating liquor in premises which are not licensed for that purpose.

I am informed by the Garda authorities that local Gardaí commenced an investigation into the operation of relevant premises in County Donegal last January. Off-licence, restaurant and nightclub owners, whose licences had expired, were visited and advised to put their affairs in order. The Garda Síochána is working closely with Revenue Commissioners, and is inspecting all premises in respect of which the licence has expired. As part of the on-going investigation one unlicensed premises was inspected on 29 March, 2008, and stocks of intoxicating liquor were seized by Gardaí.

Residency Permits.

Finian McGrath

Ceist:

575 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform the status of appeal for a person (details supplied) in County Sligo. [14279/08]

I am informed by the Immigration Division of my Department that the Family Reunification applications from the person in question were refused on 26 October 2006 and a letter outlining the reasons for the refusals issued on the same date. Following a request from the person in question the file was re-examined in the Immigration Division. This re-examination revealed a problem with some of the documents submitted and the person in question was informed of the position on 8 November 2007. The person in question will be contacted when the re-examination of her file has been completed.

Asylum Applications.

Jan O'Sullivan

Ceist:

576 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform the guidelines used in his Department in deciding on applications for asylum where there is a well-founded fear that female genital mutilation will be performed on female family members if they are returned to their home country; and if he will make a statement on the matter. [14420/08]

The Deputy might wish to note that, in accordance with the provisions of the Refugee Act, 1996 (as amended), two statutory independent refugee status determination bodies, namely the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, were established with effect from 20 November 2000 to examine, at first instance and, where appropriate, on appeal, applications for asylum in the State. The statutory brief of both of those bodies, as set out in the Refugee Act, 1996 (as amended) is, inter alia, to make recommendations to the Minister for Justice, Equality and Law Reform, in each individual case, as to whether each applicant, or appellant, should, or should not, be declared to be a refugee, as defined in Section 2 of the Refugee Act, 1996 (as amended). I, as Minister, ultimately decide whether to grant or refuse refugee status, based on the recommendations of the aforementioned statutory bodies and in accordance with Section 17 of the same Act.

In assessing each individual asylum application or appeal, the bodies referred to must, in accordance with their statutory remit, have regard for the specific claims made by the applicant/appellant, including claims involving female genital mutilation, as measured against objective, reputable, up to date information relating to the applicant's/appellant's country of origin and, where doubts exist, the benefit of the doubt is applied in favour of the applicant/appellant.

The Deputy might wish to note also that where an asylum application is refused at both first instance and appeal stages, the unsuccessful applicant is then afforded the opportunity to apply, separately, to the Minister for Justice, Equality and Law Reform for Subsidiary Protection in the State, in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006. Subsidiary Protection is a form of international protection offered to those persons who do not meet the criteria for recognition as a refugee but who nonetheless claim a risk of serious harm in their country of origin if repatriated there. Each application for Subsidiary Protection in the State is considered on the basis of its individual merits, having regard for the claims made by the applicant and measured against objective, reputable up to date information relating to the applicant's country of origin.

In addition to the above, each unsuccessful asylum applicant is afforded the opportunity to apply to the Minister for Justice, Equality and Law Reform for temporary leave to remain in the State, in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). As part of the application process for temporary leave to remain in the State, an applicant is invited, within a defined timeframe, to submit written representations to the Minister in support of such an application and any representations submitted by or on behalf of an applicant are fully considered before the case file of that applicant is submitted to me for decision. The Deputy might wish to note that every such application is considered under the eleven separate headings set out in Section 3 (6) of the Immigration Act, 1999 (as amended). For the Deputy's information, those headings are as follows:

(a) the age of the person,

(b) the duration of residence in the State of the person,

(c) the family and domestic circumstances of the person,

(d) the nature of the person's connection with the State, if any,

(e) the employment (including self-employment) record of the person,

(f) the employment (including self-employment) prospects of the person,

(g) the character and conduct of the person both within and (where relevant and ascertainable) outside the State (including any criminal convictions),

(h) humanitarian considerations,

(i) any representations duly made by or on behalf of the person,

(j) the common good and

(k) considerations of national security and public policy.

The Deputy might note that each case is considered individually and regardless of whether or not written representations are submitted by or on behalf of the applicant. Following a detailed examination of each individual case, including a consideration having regard to Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, a recommendation is made as to whether a Deportation Order should be issued or temporary leave to remain in the State granted. Refoulement essentially relates to the safety of returning a failed applicant to their country of origin. Where a Deportation Order is issued, the enforcement of that Order is an operational matter for the Garda National Immigration Bureau.

Overall, the State has a very fair and comprehensive mechanism in place for the consideration of asylum applications and, where appropriate, applications for Subsidiary Protection and ultimately applications for temporary leave to remain in the State. As a result, I am satisfied that all applications for asylum made by persons alleging that female genital mutilation will be carried out on themselves or on a family member are comprehensively examined before a decision is taken as to whether or not a grant of refugee status should be made.

Organised Crime.

Bernard J. Durkan

Ceist:

577 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the efforts being made to target the suppliers of arms, including heavy-calibre weapons, to criminal gangs; the number of prosecutions arising therefrom; and if he will make a statement on the matter. [14430/08]

One of the strategic actions to achieve the goals set out in the Garda Commissioner's Policy Plan for 2008 is the continuation and intensification of intelligence-led operations against groups and individuals engaged in the supply of arms (including heavy calibre weapons) to criminal gangs.

I am informed by the Garda authorities that all available intelligence is fully analysed and used in the strategic deployment of both local and specialised operational Garda units in targeting the procurement of weaponry by and for criminal gangs. Organised criminal gangs operating in this jurisdiction are targeted on an ongoing basis and profiles regarding the personnel of such groups are continually updated. Their members, operating methods, criminal interests and financial assets are likewise proactively targeted and intelligence-led operations, primarily undertaken by specialist units of An Garda Síochána, including the National Bureau of Criminal Investigation, the Garda National Drugs Unit, the Organised Crime Unit and the Criminal Assets Bureau, are regularly undertaken.

Measures to deal with serious crime include Operation Anvil. As part of this operation, intelligence-led operations have been used to target specific individuals. Operation Anvil commenced in May 2005 in the Dublin Metropolitan Region and was extended countrywide in 2006. The primary focus of Operation Anvil is the disruption of serious and organised criminal activity. In this regard Operation Anvil consists not only of intelligence-led targeted operations but also an increased overt and visible Garda presence. The most recent figures available to me, up to 2 March, 2008, show the significant impact which Operation Anvil has been having since its inception. In the Dublin Metropolitan Region there have been 857 firearms seized, and a further 634 firearms have been seized outside the Dublin Metropolitan Region.

A wide range of provisions to combat gun crime were introduced in the Criminal Justice Act, 2006. With effect from 1 November 2006 mandatory minimum sentences of between five and ten years came into effect for certain firearms offences, including possession of a firearm in suspicious circumstances, possession of a firearm with criminal intent, possession of a firearm with intent to endanger life or cause serious injury to property, possession of a firearm while hijacking a vehicle and use or production of a firearm to resist arrest.

Anti-Social Behaviour.

Bernard J. Durkan

Ceist:

578 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the action he proposes to take to combat anti-social behaviour in County Kildare; and if he will make a statement on the matter. [14431/08]

Bernard J. Durkan

Ceist:

580 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the steps that will be taken to combat anti-social behaviour in each town throughout County Kildare having particular regard to the increased population and demands on Garda resources; and if he will make a statement on the matter. [14433/08]

I propose to take Questions Nos. 578 and 580 together.

I am informed by the Garda authorities that Operation Encounter, which commenced in February, 2002, targets public disorder and anti-social behaviour by specifically targeting offences contrary to the Criminal Justice (Public Order) Act 1994 and the Intoxicating Liquor Act 1988, which includes provisions on the sale to and consumption of alcohol by underage persons. Local Garda management within the Carlow/Kildare Division have identified areas subject to such behaviour and have directed additional foot and mobile patrols during such times when such offences are more likely to occur.

I am further informed that the personnel strength of the Carlow/Kildare Division was 402 on 29 February, 2008, compared with 333 on 28 February, 2006. This represents an increase of 21%. As a result, the number of uniformed members has been increased in all areas in County Kildare in recent years. An unprecedented increase in the strength of the Garda Síochána is continuing in line with the commitment in the Programme for Government, with an intake of approximately 1,100 recruits per annum. In addition, there is a significant expansion under way in the number of civilian staff being made available to the Commissioner.

One of the priorities which I set out for An Garda Síochána in 2008 was to increase the level of high-visibility patrols. The Gardaí have found that one of the most effective ways of doing this is the Garda Mountain Bike Unit. This was introduced on a pilot basis in 2001 and since that time the Unit has expanded nationwide. During 2007 and early 2008 bicycle patrols have been introduced in the towns of Kildare, Newbridge, Maynooth, Celbridge and Naas. Uniformed Gardaí utilise official pedal cycles to patrol estates, green areas and other areas where groups congregate. The bicycle patrols coupled with foot patrols are ensuring that any problem behaviour which occurs in public areas is detected and dealt with in accordance with the law in an efficient and effective manner. Additional Gardaí have also been allocated to neighbourhood policing projects. There are currently four community Gardaí in Naas. By-laws concerning the consumption and control of alcohol bye laws are currently in existence in respect of most towns in County Kildare. These bye laws are a major deterrent to anti-social behaviour and drinking in public places.

There are 100 Garda Youth Diversion Projects throughout the country. Garda Youth Diversion Projects are a crime prevention initiative which adopts a multi-agency partnership approach to tackling crime and anti-social behaviour at community level. The Government has pledged to ensure there are a total of 168 projects in operation by the end of the current Programme for Government, 2007-2013. There are currently two projects operating in Kildare, one in Celbridge and one in the Curragh.

The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and senior Garda officers, with the participation of Oireachtas members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area. There are currently 29 Committees in operation in a pilot phase, including one in Athy, Co. Kildare, to gain experience before rolling the committees out to all local authority areas in the State. In general the outcome to date has been positive and the committees are meeting definite local needs. Guidelines are currently being drafted which will enable roll-out of the committees to take place, and I intend that this will occur at an early date.

The 2008 Garda Annual Policing Plan, which I have approved and laid before the Houses of the Oireachtas, sets out the Commissioner's proposals to realign the boundaries of Garda Divisions to make them more coterminous with local authority boundaries. These proposals include the establishment of a Garda Division in Kildare. The planned changes will bring about greater efficiencies and effectiveness in facilitating the establishment and functioning of joint policing committees. A detailed programme of work is currently being developed by An Garda Síochána to implement these planned changes for various Garda Divisions. This programme of work will also examine the geographical areas of district and sub-district stations arising from the regional and divisional boundary realignments set out in the plan and will set out a timetable for the establishment of the new divisions.

Garda Stations.

Bernard J. Durkan

Ceist:

579 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when it is expected that the reconfiguration of the Garda district and divisions within County Kildare are likely to become synonymous with the county boundaries; and if he will make a statement on the matter. [14432/08]

Bernard J. Durkan

Ceist:

581 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which it is intended to increase the Garda strength at all stations throughout County Kildare having particular regard to the need to combat increased crime levels; and if he will make a statement on the matter. [14434/08]

Bernard J. Durkan

Ceist:

583 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of Garda stations throughout County Kildare currently open on a 24 hour basis; his proposals to increase the number of such stations; and if he will make a statement on the matter. [14436/08]

I propose to take Questions Nos. 579, 581 and 583 together.

I am informed by the Garda Commissioner that as of 31 March 2008, the latest date for which figures are readily available, the personnel strength of the Carlow/Kildare Garda Division was 408. The Deputy will appreciate that, as with any large organisation, on any given day, personnel strengths of individual stations may fluctuate due, for example, to promotions, retirements and transfers. It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. In that regard, the needs of Garda Stations throughout County Kildare will be fully considered by the Commissioner within the overall context of the needs of Garda Stations and Divisions throughout the country.

The opening hours for each station in the Carlow/Kildare Garda Division were outlined in a reply to Parliamentary Question No. 530 of 4 March, and the position remains unchanged. An increase in the opening hours of any Garda Station would necessitate the deployment of additional Garda personnel on indoor administrative duties who may be more effectively employed on outdoor policing duties.

I recently approved the 2008 Garda Annual Policing Plan and laid it before the Houses of the Oireachtas. It sets out the Commissioner's proposals to realign the boundaries of Garda Divisions around the country to make them coterminous with local authority boundaries. Included in this is a plan to establish a new Garda Division in Kildare. The planned changes will bring about greater efficiencies and effectiveness in facilitating the establishment and functioning of Joint Policing Committees. A detailed programme of work is currently being developed by An Garda Síochána to implement these planned changes for various Garda Divisions. This programme of work will also examine the geographical areas of district and sub-district stations arising from the regional and divisional boundary realignments set out in the plan and will set out a timetable for the establishment of the new divisions.

Question No. 580 answered with Question No. 578.
Question No. 581 answered with Question No. 579.

Bernard J. Durkan

Ceist:

582 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when it is expected that the new Garda station at Leixlip, County Kildare, will become fully operational; the expected Garda strength at the station; and if he will make a statement on the matter. [14435/08]

I am informed by the Office for Public Works that the Garda Station in Leixlip, Co. Kildare is on target for completion in Autumn 2008.

It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The situation will be kept under review and when additional personnel next become available the needs of the Garda Station referred to by the Deputy will be fully considered by him within the overall context of the needs of Garda Divisions throughout the country.

Question No. 583 answered with Question No. 579.

Witness Intimidation.

Bernard J. Durkan

Ceist:

584 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the action taken to prevent witness intimidation; and if he will make a statement on the matter. [14437/08]

The intimidation of witnesses is already an offence pursuant to Section 41 of the Criminal Justice Act 1999. Section 41 specifies the offence as harming, threatening or menacing or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the Garda Síochána, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. The offence is punishable upon indictment by a fine or a term of imprisonment of up to ten years.

Statutory provisions are also in place to ensure the admissibility of witness statements in circumstances where a witness seeks to resile from a statement already provided to the Garda Síochána in the course of an investigation. Section 16 of the Criminal Justice Act 2006 specifies that a statement relevant to court proceedings may be admitted as evidence even if the witness, although available for cross-examination, refuses to give evidence or denies making a statement. It is a matter for the court of trial to decide if such a statement is to be admitted as evidence.

Moreover, since 1997, the Garda Síochána has operated a Witness Security Programme in response to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including threats of violence and systematic intimidation of witnesses. Legislation was not required to establish this Programme, but its operation is supported by complementary legislative provisions in Section 40 of the Criminal Justice Act 1999. Section 40 makes it an offence for any person, without lawful authority, to try to identify the whereabouts or any new identity of a witness who has been relocated under the Programme. The offence is punishable upon indictment by a fine or a term of imprisonment of up to five years.

The Garda Síochána rigorously enforces the provisions relating to witness intimidation and protection contained in the Criminal Justice Act 1999. In particular, where the possibility of intimidation of witnesses may be an issue, the case is closely monitored throughout the investigation, up to and including any criminal proceedings. Where a threat to or intimidation of a witness or a potential witness arises during the course of criminal proceedings, the matter may be addressed through the trial judge, who has the discretion to revoke bail or place other sanctions on the accused/suspect. Any such incident would also be the subject of a thorough investigation by the Garda Síochána, with a view to seeking directions from the Director of Public Prosecutions.

Prisoner Releases.

Bernard J. Durkan

Ceist:

585 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of prisoners released prior to serving their full sentence in each of the past five years; and if he will make a statement on the matter. [14438/08]

I presume the Deputy is referring to instances of temporary release pursuant to Section 2 of the Criminal Justice Act, 1960 as amended by the Criminal Justice (Temporary Release of Prisoners) Act, 2003. Periods of temporary release may be granted during a prisoner's sentence for health or other humanitarian grounds (e.g. a funeral), to assess a person's ability to reintegrate into society or to prepare a prisoner for release. The overriding issue in considering any application for temporary release of a prisoner is the safety of the public. In addition, all releases are subject to conditions. Any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Gardaí.

A prisoner may receive multiple instances of temporary release while serving his or her sentence and most prisoners will receive a short period of temporary release at the end of their sentence to facilitate their reintegration into society. The compilation of statistics in the form requested by the Deputy would require a disproportionate and inordinate amount of staff time and expense to prepare and could not be justified in the current circumstances where there are other significant demands on resources.

Criminal Assets Bureau.

Bernard J. Durkan

Ceist:

586 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the value of property currently under investigation by the Criminal Assets Bureau; the number of such cases stalled; and if he will make a statement on the matter. [14439/08]

I am informed by the Garda Authorities that the Criminal Assets Bureau, pursuant to its statutory remit, proactively targets the assets of persons suspected to derive directly or indirectly from criminal conduct. To help achieve this objective, the Bureau works closely with all other law enforcement agencies including Revenue Customs, other Garda National Units and the local Gardaí in each Garda Division.

Under the statutory remit of the Bureau there are over two hundred cases under active investigation, ranging from cases involving initial preliminary investigation to cases under full investigation and cases currently before the Courts. The assets subject to investigation include houses, lands, vehicles, jewellery and cash.

Up to the end of 2006 the Criminal Assets Bureau froze assets under the Proceeds of Crime Act to the value of €126m approximately. The Bureau also succeeded in collecting in excess of €108m under the provisions of relevant revenue legislation. In addition to this the Bureau has also collected in excess of €1.1m under its Social Welfare remit.

Crime Statistics.

Bernard J. Durkan

Ceist:

587 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of crimes committed by prisoners on bail in each of the past five years; the number of such incidents deemed to be serious crimes; and if he will make a statement on the matter. [14455/08]

Bernard J. Durkan

Ceist:

588 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of incidents whereby prisoners on bail for serious crime, including gun crime, have committed further offences in the past 12 months; and if he will make a statement on the matter. [14456/08]

I propose to take Questions Nos. 587 and 588 together.

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 since the third quarter of 2006.

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

Prisoner Statistics.

Bernard J. Durkan

Ceist:

589 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of prisoners currently in the various prisons here; and if he will make a statement on the matter. [14457/08]

I am informed by the Director General of the Irish Prison Service that the figures for 10 April 2008, as requested by the Deputy, are as follows:

Prison

Number in Custody

Arbour Hill

146

Castlerea Prison

241

Cloverhill Prison

441

Cork Prison

269

Dóchas

108

Limerick Prison

300

Loughan House

120

Midlands Prison

466

Mountjoy Prison

583

Portlaoise

107

Shelton Abbey

67

St Patrick’s Institution

203

Training Unit

94

Wheatfield

377

Garda Strength.

Bernard J. Durkan

Ceist:

590 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the strength of the Garda Force as at 1 June 2007, 1 December 2007 and at present; and if he will make a statement on the matter. [14458/08]

Garda statistics are compiled at the end of each month and the attested personnel strength of An Garda Síochána as requested by the Deputy is set out hereunder.

Number

31 May 2007

13,140

30 November 2007

13,780

31 March 2008

13,900

These figures do not include the more than one thousand Garda recruits who are in training at any one time.

As the Deputy is aware, an unprecedented increase in the strength of the Garda Síochána is continuing in line with the commitment in the Programme for Government, with an intake of approximately 1,100 recruits per annum. In addition, there is a significant expansion under way in the number of civilian staff being made available to the Commissioner.

Question No. 591 answered with Question No. 73.

Extradition of Criminals.

Bernard J. Durkan

Ceist:

592 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of Irish crime bosses currently living overseas and conducting their operations from there; the efforts being made to extradite and bring to justice such persons; and if he will make a statement on the matter. [14460/08]

I am informed by the Garda Authorities that An Garda Síochána maintains liaison with other law enforcement agencies throughout Europe, and elsewhere, exchanging information and intelligence on Irish criminals living abroad. This ongoing liaison has led to a number of successful joint operations, targeting attempted importations of drugs and firearms, resulting in a number of significant arrests here and in other Jurisdictions. Where intelligence, supported by evidence, is available law enforcement agencies in other Jurisdictions put operations in place, as appropriate, to prevent and detect such criminality.

Where information exists that a person who is wanted in relation to a particular crime in this jurisdiction is living abroad and where the particular legal requirements apply, extradition is sought or an application is made for a European Arrest Warrant. Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crime. A member of An Garda Síochána must, at all times, have reasonable grounds to believe that an individual has been involved in criminal activity before they can arrest and question any person in relation to criminality.

There are currently 62 active requests for surrender in accordance with the European Arrest Warrant Act 2003 as amended. Since the coming into operation of the European Arrest Warrant Act 2003 as amended 67 persons have been surrendered on foot of outgoing European Arrest Warrants. There are 4 ongoing outgoing requests under Part II of the Extradition Act 1965 as amended and 8 outstanding extradition requests to the United Kingdom under Part III of the Extradition Act 1965 as amended. Part III of the Extradition Act as amended has been repealed and there are no Part III requests to the United Kingdom since 2003.

Ireland is a party to various International Conventions which provide for assistance in criminal matters between jurisdictions. An Garda Síochána send and receive requests for assistance via the Central Authority for Mutual Assistance at the Department of Justice, Equality and Law Reform. Requests for Assistance may also be dealt with on the basis of reciprocity where certain jurisdictions may not be a party to specific conventions.

Garda Communications.

Bernard J. Durkan

Ceist:

593 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he is satisfied that each Garda station and member of the Force throughout the country has adequate access to modern telecommunications in order to combat the crime wave; and if he will make a statement on the matter. [14461/08]

I am assured by the Garda authorities that existing Garda telecommunications infrastructures are utilised to meet the operational and organisational needs of the Garda Síochána.

A number of initiatives are currently underway in An Garda Síochána in this area. As I indicated in my response to Questions Nos. 21 and 43 today, the contract for the provision a new National Digital Radio Service for the Garda Síochána and the other emergency services is expected to be signed by the Department of Finance very shortly. The Garda authorities are putting in place detailed plans for the roll-out of the service when it becomes available.

The Garda authorities are constantly looking at opportunities to employ new telecommunications opportunities to assist in achieving their operational and administrative goals. To support the Garda Síochána in this regard, a total of €99.422 million has been allocated within the 2008 Garda Budget for Information and Communications Technology projects alone, representing an increase of over 48% on the same figure last year.

Organised Crime.

Bernard J. Durkan

Ceist:

594 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if it is intended to increase Garda resources in line with the growth in organised crime, with particular reference to the need to put the criminals out of business; and if he will make a statement on the matter. [14462/08]

The 2008 Garda Budget has been increased by over 11.6% on last year's allocation to over €1.6bn. This enables the Garda Commissioner to deliver on the range of services and priorities as set out in the 2008 Annual Policing Plan. One of the main priorities I have set for the Garda Síochána is to target gun crime, organised crime and drug trafficking through a range of measures including the use of the Garda specialist units and targeted operations such as operation Anvil.

I am advised by the Garda authorities that organised criminal gangs are targeted on an ongoing basis and profiles regarding the personnel of such groups are continually updated. Their members, operating methods, criminal interests and financial assets are likewise proactively targeted and intelligence-led operations are undertaken, primarily by specialist units of the Garda Síochána including the recently established Garda Organised Crime Unit.

Bernard J. Durkan

Ceist:

595 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of criminal gangs alleged to be operating here at the present time; if their activities are being adequately monitored; and if he will make a statement on the matter. [14463/08]

I am informed by the Garda Authorities that there are two categories of organised crime groups operating in this jurisdiction. The first category consists of individuals / groups that are well established and tightly structured, involved in drug trafficking, armed robbery and firearms offences. The second category involves groups whose activities are characterised by less cohesive group structures and criminal activities which are mainly confined to Ireland. Of its nature, the number of active groups fluctuates. In addition details in relation to such groups is disseminated on a regular basis to Europol.

Organised criminal gangs operating in this jurisdiction are targeted on an ongoing basis and profiles regarding the personnel of such groups are continually updated. Their members, operating methods, criminal interests and financial assets are likewise proactively targeted and intelligence-led operations, primarily undertaken by specialist units of An Garda Síochána, under the remit of Assistant Commissioner, National Support Services, including the National Bureau of Criminal Investigation, the Garda National Drugs Unit, the Organised Crime Unit and the Criminal Assets Bureau, are regularly undertaken, targeting those suspected of being involved in Organised Crime.

Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crime. A member of An Garda Síochána must, at all times, have reasonable grounds to believe that an individual has been involved in criminal activity before they can arrest and question any person in relation to criminality.

Specific measures have been put in place to deal with the problems of serious crime. These include Operation Anvil and other intelligence-led operations which have been used to target specific individuals. Operation Anvil commenced in May 2005 in the Dublin Metropolitan Region and was extended countrywide in 2006. The primary focus of Operation Anvil is the disruption of serious and organised criminal activity. The Garda Commissioner has publicly re-affirmed his absolute commitment to the objectives of Operation Anvil and an allocation of €20 million has been ring-fenced from the Garda Budget 2008 to ensure ongoing activities of Anvil. This operation is augmented by other initiatives, both locally and nationally, and will continue to be undertaken by all units and sections of An Garda Síochána.

The Criminal Assets Bureau is being actively utilised to identify and target funds accumulated by criminals, in order to seize such assets and to deprive them of the profits of their criminal activity. A dedicated unit within the Garda National Drugs Unit has been established to liaise with the Criminal Assets Bureau to particularly target those criminals and criminal groupings believed to be deriving profits and assets from drug-related criminal activity.

An Garda Síochána maintains liaison with other law enforcement agencies throughout Europe, and elsewhere, exchanging information and intelligence on Irish criminals living abroad. This ongoing liaison has led to a number of successful joint operations, targeting attempted importations of drugs and firearms, resulting in a number of significant arrests here and in other Jurisdictions. Where intelligence, supported by evidence, is available, law enforcement agencies in other Jurisdictions put operations in place, as appropriate, to prevent and detect such criminality. Where information exists that a person who is wanted in relation to a particular crime in this jurisdiction is living abroad and where the particular legal requirements apply extradition is sought or an application is made for a European Arrest Warrant.

Ireland is a party to various International Conventions which provide for assistance in criminal matters between jurisdictions. An Garda Síochána send and receive requests for assistance via the Central Authority for Mutual Assistance at the Department of Justice, Equality and Law Reform. An Garda Síochána will continue to use intelligence-led operations against selected targets to combat the criminal activities of illegal groups.

Bernard J. Durkan

Ceist:

596 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if protective custody has been considered as a means of bringing gang wars to an end; and if he will make a statement on the matter. [14464/08]

The issue referred to by the Deputy would raise profound legal and constitutional issues and I have no proposals in that regard.

Bernard J. Durkan

Ceist:

597 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when it is expected to introduce measures to combat existing gang wars and prevent further such activity; and if he will make a statement on the matter. [14465/08]

I am informed by the Garda Authorities that the Organised Crime Unit was established on a temporary basis in November 2005 to pro-actively target organised criminal gangs. Since then the Organised Crime Unit has pro-actively targeted criminal gangs engaged in diverse types of criminality. The main forms of criminality being committed by these gangs include armed robberies, hi-jacking of valuable loads and commodities, warehouse robberies/burglaries, ‘tiger' kidnappings, cash-in-transit robberies, bank robberies involving firearms and the importation of large quantities of controlled drugs.

Through focused, intelligence-led operations success has been achieved and the activities of many of the organised crime groups have been disrupted. A number of persons suspected of involvement in this type of criminality have been apprehended on serious charges, with many before the courts facing lengthy sentences.

In January of this year the Garda Commissioner announced the establishment of this unit on a permanent basis. At present an evaluation of the unit structure and its remit is being undertaken. The Organised Crime Unit will take on the primary role of targeting organised criminal gangs in conjunction with the assistance of other national units. The Unit's functions will be as follows:

to identify organised crime groups that operate within the State through increased profiling, intelligence gathering, overt and covert surveillance and threat assessments;

to develop intelligence on highly organised and professional groups of criminals involved in serious crime and whose operations transcend district/divisional and regional boundaries;

to develop intelligence and information supplied by confidential sources on major targeted criminals; and

to liaise with the other specialist Garda Units in developing intelligence and information from all sources in relation to serious and organised criminal groups.

Part 7 of the Criminal Justice Act, 2006 provides for offences relating to organised crime in creating new offences targeting the activities of those involved in criminal organisations and those who may commit offences for the benefit of criminal organisations. Section 72 deals with organised crime, providing that a person who knowingly participates in or contributes to any activity of a criminal organisation for the purpose of enhancing the ability of the criminal organisation to commit a serious offence, whether in or outside the State, is guilty of an offence. Section 73 deals with the commission of an offence for a criminal organisation. A person who commits an offence for the benefit of, at the direction of or in association with a criminal organisation, is guilty of an offence and is liable on conviction to a fine or up to 10 years imprisonment. Section 16 of the Criminal Justice Act, 2006 provides the circumstances in which certain statements can be admitted in criminal proceedings. A person refusing to give evidence by virtue of the fact that they have been intimidated may have their statement admitted in evidence.

Other measures have been put in place to deal with serious crime, including Operation Anvil. Operation Anvil commenced in May 2005 in the Dublin Metropolitan Region and was extended countrywide in 2006. The primary focus of this operation is the disruption of serious and organised criminal activity. In this regard Operation Anvil consists of intelligence-led targeted operations on the one hand, and an increased overt visible Garda presence on the other. The Garda Commissioner has publicly re-affirmed his absolute commitment to the objectives of Operation Anvil, which is but one tool used by members of An Garda Síochána in endeavouring to combat crime, and an allocation of €20 million has been ring-fenced from the Garda Budget 2008 to ensure ongoing activities of Operation Anvil. The multi-agency approach has been and will continue to be used where all of the National Units from National Support Services are used to combat serious crime in a coordinated fashion.

The Emergency Response Unit has also been deployed in areas where there is a propensity for criminals to use firearms. In the recent murder and shootings in Limerick in particular, the National Bureau of Criminal Investigation has deployed a full team to assist and augment local District Units in the investigation of these and other crimes in that area. An Garda Síochána will continue to use intelligence-led operations against selected targets to combat the criminal activities of these groups.

Visa Applications.

Bernard J. Durkan

Ceist:

598 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a GNIB card will be renewed and a provision for work permit in the case of a person (details supplied) in County Clare; and if he will make a statement on the matter. [14478/08]

The Immigration Division of my Department has informed me that they have no record of a request for a replacement GNIB card from the individual referred to in the Deputy's question.

The person concerned can call to the offices of the Garda National Immigration Bureau at 13/14 Burgh Quay Dublin 2 if he wishes to make an application for a renewal of his GNIB card.

Bernard J. Durkan

Ceist:

599 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a stamp four visa will be arranged for a person (details supplied) in County Clare; and if he will make a statement on the matter. [14479/08]

I refer to my reply to Parliamentary Question No. 211 of 14 February 2008. The Immigration Division of my Department has received an application from the person referred to by the Deputy. As soon as a decision is made on the case the person concerned will be notified.

Citizenship Applications.

Bernard J. Durkan

Ceist:

600 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which an application for naturalisation has been progressed in the case of persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [14480/08]

I refer the Deputy to my reply to Parliamentary Question No. 360 on 17 October 2007. The position remains as stated.

Residency Permits.

Bernard J. Durkan

Ceist:

601 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status or expected residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [14481/08]

I refer to my reply to Parliamentary Question No. 446 of 6 November 2007. The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

Dependants of the aforementioned who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long term residency. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residency from the person referred to by the Deputy was received in July 2007. I understand that applications received in August 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Bernard J. Durkan

Ceist:

602 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to extended residency status in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [14482/08]

I refer the Deputy to replies given to Parliamentary Questions No. 467 of Tuesday 26 February 2008, No. 247 of Thursday 31 January 2008, No. 232 of Thursday 28 June 2007, No. 142 of Thursday 28 September 2006 and No. 63 of Thursday 15 June 2006.

The person concerned arrived in the State on 9 May 2005 and applied for asylum on 11 May 2005. 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. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 12 June 2006, 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 leaving the State voluntarily, of consenting to the making of a deportation order or of submitting written representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been received on behalf of the person concerned.

On 10 October 2006, regulations known as the European Communities (Eligibility for Protection) Regulations, 2006 (S.I No 518 of 2006) came into force. The person concerned was notified by letter dated 31 January 2008 that he could, if he so wished, submit an application for Subsidiary Protection in the State within the following 15 working days. The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.

Asylum Applications.

Bernard J. Durkan

Ceist:

603 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application under refugee or asylum in the case of a person (details supplied) in County Clare; and if he will make a statement on the matter. [14483/08]

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

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

Residency Permits.

Bernard J. Durkan

Ceist:

604 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 7; and if he will make a statement on the matter. [14484/08]

The first person concerned has permission to remain in the State which is due to expire on the 17th April, 2008 and is therefore advised to attend the Garda National Immigration Bureau, 13/14 Burgh Quay, Dublin 2, in order to have that permission extended.

The second person concerned has no legal status. Consequently, he will shortly be invited to submit fresh representations, for consideration under Section 3 of the Immigration Act, 1999, as to why he should be given temporary permission to remain in the State rather than return to his country of origin. The person will be informed of the outcome of this consideration in due course.

Bernard J. Durkan

Ceist:

605 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 22; and if he will make a statement on the matter. [14485/08]

I refer the Deputy to my previous answer to Parliamentary Question No. 257 of 5 July 2007.

I am informed by the Immigration Division of my Department that Family Reunification applications from the person in question were refused on 26 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.

Finian McGrath

Ceist:

606 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [14504/08]

I have been informed by the Immigration Division of my Department that they have recently been in contact with the person referred to by the Deputy in relation to his immigration status. Further documentation has been requested from the person concerned in order to facilitate the Immigration Division in examining his case.

Question No. 607 answered with Question No. 14.
Question No. 608 answered with Question No. 83.

Departmental Agencies.

Ciaran Lynch

Ceist:

609 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform the areas and functions where responsibility has been devolved from him to a State or statutory agency; the agencies involved; the arrangements in each agency to respond on a priority basis to enquiries from Members of Dáil Éireann; and if he will make a statement on the matter. [14538/08]

As I set out in my reply to the Deputy in Question No. 204 of 6 March, 2008, since my appointment as Minister for Justice, Equality and Law Reform no areas or functions have been devolved by me to a State or statutory agency.

For the Deputy's assistance, I can advise him that the principal agencies and related bodies under the aegis of my Department are identified on my Department's organisation chart, which can be viewed on my Department's website (www.justice.ie), which also includes links to those bodies’ own websites where applicable. Insofar as responding to enquiries from Members of Dáil Éireann is concerned, while this would be a day to day operational matter for the bodies in question, the general principles of quality customer care, including timeliness and courtesy, would apply in respect of such correspondence.

Garda Deployment.

Charlie O'Connor

Ceist:

610 Deputy Charlie O’Connor asked the Minister for Justice, Equality and Law Reform if he will again stress to the Garda Commissioner the need for additional Gardaí to be assigned to Tallaght Garda Station, Dublin 24; if his attention has been drawn to the fact that Tallaght is the third largest population centre here and has particular needs in that regard; and if he will make a statement on the matter. [14541/08]

I have been informed by the Garda Commissioner that the personnel strength of Tallaght Garda Station as at 31 March 2008, the latest date for which figures are readily available, was 179. The Deputy will appreciate that, as with any large organisation, on any given day, personnel strengths of individual stations may fluctuate due, for example, to promotions, retirements and transfers etc.

It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. In doing this he takes into account all relevant factors, including of course population but also including other factors such as crime rates and trends as well as operational priorities. The situation will be kept under review and when additional personnel next become available the allocation of Gardaí to Tallaght Garda Station will be fully considered by the Commissioner within the overall context of the needs of Garda stations throughout the country.

Residency Permits.

Beverley Flynn

Ceist:

611 Deputy Beverley Flynn asked the Minister for Justice, Equality and Law Reform when a decision will be made on a long term residency application by a person (details supplied) in County Mayo. [14555/08]

The position in relation to long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements.

While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residency from the person referred to by the Deputy was received on the 4 September 2007. I understand that applications received in August 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Joe Costello

Ceist:

612 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if he will reconsider the case of a person (details supplied); his views on allowing them to remain here at least until they take their examinations; and if he will make a statement on the matter. [14595/08]

I refer the Deputy to Parliamentary Question No. 178 of Thursday, 10 April 2008 and the written Reply to that Question.

The person concerned arrived in the State on 7 March 2004 and applied for asylum on 29 September 2004. Her asylum application was refused following the consideration of her application by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 17 August 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 leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. In addition, she was later notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State and, following consideration of this application in accordance with these Regulations, the application was refused and the person concerned was notified in writing of this decision by letter dated 9 November 2007.

The case file of the person concerned, including all representations submitted, was then considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement following which a Deportation Order was made in respect of the person concerned. The person concerned was notified, by letter dated 12 March 2008, of the decision to issue a Deportation Order in respect of her. This communication also advised the person concerned of the requirement that she present herself at the Offices of the Garda National Immigration Bureau on 27 March 2008 to make arrangements for her removal from the State.

Subsequently, on 28 March 2008, an application pursuant to Section 3(11) of the Immigration Act 1999 (as amended) for revocation of the Deportation Order was received from the legal representative of the person concerned. This application is currently under consideration in my Department.

The person concerned has no current legal basis for being in the State. It is therefore not possible to accommodate the request being made by the Deputy. Additionally, in relation to the possibility of the person concerned repatriating voluntarily to her country of origin at a future date, the Deputy might wish to note that the person concerned was already afforded the opportunity to leave the State voluntarily, as outlined earlier, and chose not to do so. Furthermore, the person concerned has sought the revocation of her deportation order for reasons not related to her current course of study. In any event, the person concerned will be made aware of the outcome of her application under Section 3(11) of the Immigration Act 1999 (as amended) as soon as a decision has been made on that application.

Proposed Legislation.

Seán Barrett

Ceist:

613 Deputy Seán Barrett asked the Minister for Justice, Equality and Law Reform if he will give careful consideration to the firearms issues related to the running of the shooting phase of the youth B competition in the upcoming European modern pentathlon competition to be staged here from 2 to 7 July 2008; if this will be taken into consideration in the completion of the new firearms legislation; and if he will make a statement on the matter. [14600/08]

I can inform the Deputy that I have written to the Office of the Attorney General seeking advice in the matter.

Legal Aid Service.

John Cregan

Ceist:

614 Deputy John Cregan asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Limerick cannot qualify for free legal aid; and if he will make a statement on the matter. [14603/08]

Under the terms of the Civil Legal Aid Act, 1995, the Legal Aid Board has sole responsibility for deciding if an applicant is eligible for its services, in accordance with the provision of the Act and Regulations made thereunder, and I can have no involvement in individual cases.

However, I am informed by the Legal Aid Board that, as with all applicants for legal aid whose applications are refused, the applicant to whom you refer would have received written confirmation from the Board of the decision to refuse the application and the grounds on which this decision was based. The letter would have advised of the applicant's right of review and/or appeal of the decision to refuse.

Greenhouse Gas Emissions.

Michael Creed

Ceist:

615 Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government the way the carbon trading system operates as a balance sheet item for certain businesses; his views on extending its application to the agriculture sector which is the largest single contributor of greenhouse gasses; and if he will make a statement on the matter. [14900/08]

I refer to the reply to Questions Nos. 591 and 592 on 12 February 2008.

The European Commission has proposed a directive for revision to the current EU Emissions Trading System (ETS), which includes changes to the scope of the EU ETS, but is not proposing the inclusion of the agriculture sector as part of this new directive. Prior to its proposal, the Commission undertook a review of the ETS, including an extensive consultation process with key national, economic and environmental stakeholders. The EU ETS focuses, like all successful applications of cap-and-trade systems elsewhere have done, mainly on large stationary sources and only on carbon dioxide emitters. The question of whether new sectors and gases can be included would depend on whether certain criteria can be met, particularly requirements concerning the monitoring, reporting and verification of emissions. Practical difficulties are likely in these regards in relation to emissions from animal herds and individual farms.

Housing Grants.

Willie Penrose

Ceist:

616 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if there is financial assistance or grants available for elderly residents who wish to replace septic tanks which are of long-standing; and if he will make a statement on the matter. [14807/08]

The Programme for Government includes a commitment to introduce a support scheme for replacing and upgrading septic tanks older than 15 years with newer systems. I am currently considering the terms, conditions and other arrangements that may be appropriate to taking forward this commitment.

Social and Affordable Housing.

Chris Andrews

Ceist:

617 Deputy Chris Andrews asked the Minister for the Environment, Heritage and Local Government if, with the downturn in the price of property, there will be a corresponding decrease in the cost of affordable housing; and if he will make a statement on the matter. [14816/08]

Affordable housing is currently made available at substantially below the market price for comparable housing. Direct subsidies by my Department to local authorities, the provision of land by the State and local authorities at below market value, and the capacity, through Part V of the Planning and Development Acts 2000 to 2006, to acquire land at "existing use" value all contribute to making dwellings affordable for those who, under normal circumstances, could not afford to buy their own homes.

The impact on the affordable housing schemes of changes in the overall housing market is liable to vary depending on factors such as location and delivery mechanism involved. However, it is my intention to ensure that, insofar as better value is available, this will be fully reflected in the delivery of affordable housing.

Local Authority Funding.

Damien English

Ceist:

618 Deputy Damien English asked the Minister for the Environment, Heritage and Local Government the plans he or his Department has to make local authority development charges and rates for business more transparent; and if he will make a statement on the matter. [14817/08]

Prior to the enactment of the Planning and Development Act 2000, planning authorities could require payment of a development contribution, as a condition of a planning permission, on a discretionary basis. From 2004, in order to introduce transparency and openness to the system, each planning authority was required to adopt a development contribution scheme stating the basis for determining the contributions to be paid in respect of public infrastructure and facilities in its area and indicating the contribution to be paid for different types of infrastructure.

In May 2007 my Department published a report arising from the deliberations of an Inter-Departmental Committee on Development Contribution Schemes. This report was also accompanied by a guidance circular to all planning authorities which focused on a number of key issues identified by the Committee. Authorities were reminded of the need for extensive consultation with stakeholders in drawing up and administering schemes, the importance of openness and accountability, and the importance of achieving a balance between an appropriate level of development contribution charges and the need to attract future investment into their areas.

The guidance also requires that all draft development contribution schemes be submitted to County Development Boards for observations, in addition to the normal public consultation process. This direct consultation with the County Development Boards, which bring together a wide range of State agencies and social partners, will help ensure that schemes are even more robustly scrutinised and value added before final adoption by the elected members.

In relation to commercial rates the adoption of a budget and an annual rate on valuation, which is applied to the valuation of property to determine rates liability, is a matter for local authorities each year. The adoption of a local authority budget is a key function of local authority members which is carried out democratically and transparently following extensive consultation.

Flood Relief.

Denis Naughten

Ceist:

619 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government if the National Parks and Wildlife Service have approved an application by the Office of Public Works for consent to address flood risk at Clonlara; the reason for the delay; and if he will make a statement on the matter. [14831/08]

Denis Naughten

Ceist:

620 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government if the National Parks and Wildlife Service have approved an application by the Office of Public Works for the removal of silt from the Shannon Cut; the reason for the delay; and if he will make a statement on the matter. [14832/08]

I propose to take Questions Nos. 619 and 620 together.

The area downstream of Clonlara, including the Shannon Cut, is part of the Lower River Shannon candidate Special Area of Conservation. This area of river is of high ecological value with valuable salmon and lamprey habitat and alluvial woodland of a type classed as a priority for conservation under the 1992 Habitats Directive.

Both the Directive, and Irish transposing legislation, require a full ecological assessment to be carried out before any works, which risk damaging a protected habitat, may proceed. As the works proposed in this case could result in the cutting of mature trees and the excavation of over 9,000 cubic metres of sand and silt, an appropriate assessment was required.

An OPW-commissioned assessment in 2007 did not fully address the effects of the proposed development on this priority habitat. I understand that a more detailed assessment is now being carried out and the time-frame for completion of this work is a matter for the OPW.

Water and Sewerage Schemes.

Michael D'Arcy

Ceist:

621 Deputy Michael D’Arcy asked the Minister for the Environment, Heritage and Local Government the expected time schedule for his Department to commission the extension to Gorey waste water treatment plant; and if he will make a statement on the matter. [14841/08]

The Gorey Sewerage Scheme is included in my Department's Water Services Investment Programme 2007 — 2009 as a scheme to start construction this year at an estimated cost of €13.8 million. My Department is examining Wexford County Council's contract documents for the expansion of the existing wastewater treatment plant and for the upgrade of the town's collection system. Both sets of contract documents are being dealt with as quickly as possible.

Planning Issues.

Róisín Shortall

Ceist:

622 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government the extent to which planning guidelines and regulations allow a planning officer, when considering a planning application, factor in the previous history of an applicant in respect of non-compliance with enforcement orders and a reliance on retention permissions; and his views on updating regulations to strengthen the hand of local authorities in this regard or to be more prescriptive in terms of when and the circumstances under which permission may be granted to an applicant with a poor planning history. [14842/08]

Part VIII of the Planning and Development Act 2000 sets out the existing statutory provisions for enforcement action by planning authorities in cases of breaches of the planning code. The 2000 Act also made a number of significant improvements to the enforcement provisions for persons who make complaints, in particular that all well-founded complaints must be investigated by the planning authority and that complainants must be told of the progress of their complaint. The 2000 Act also contains special provisions relating to certain issues that were difficult to address through the normal enforcement process, including applications by persons that have repeatedly breached previous planning permissions. These provisions were further strengthened under the Planning and Development (Strategic Infrastructure) Act 2006. The Act contained an important amendment to section 35 of the Planning and Development 2000 Act, reversing the burden of proof where planning authorities decide to refuse to grant planning permission. Where previously the planning authority could only invoke this power with the consent of the High Court, they may now refuse permission on the basis of past non-compliance, leaving it up to the prospective developer to apply to the High Court to have such a decision overturned.

The above provisions set out a strong legal framework for planning authorities to take enforcement action where necessary. While I have no specific proposals for review, I will continue to keep the operation of Part VIII under scrutiny to ensure its effective operation.

Water Charges.

Joe Behan

Ceist:

623 Deputy Joe Behan asked the Minister for the Environment, Heritage and Local Government if there is an exemption clause within the EU Water Framework Directive which allows the status quo regarding water charges to be invoked once the Government makes an application to that effect to the European Commission by the end of 2008; if he will pursue these exemptions on behalf of schools, hospitals, farms and care centres; and if he will make a statement on the matter. [14845/08]

Finian McGrath

Ceist:

667 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if he will support a matter (details supplied). [14596/08]

I propose to take Questions Nos. 623 and 667 together.

There is no exemption from water charges available in Article 9.4 or elsewhere of the EU Water Framework Directive for schools, hospitals, farms or care centres. This has been repeatedly confirmed by the European Commission. The only exemption available to Ireland, and availed of, is contained in Article 9.4 and relates to dwelling houses using water for ordinary household purposes.

Archaeological Sites.

Shane McEntee

Ceist:

624 Deputy Shane McEntee asked the Minister for the Environment, Heritage and Local Government if he is considering proposals for future land use planning and development in the area of the world heritage site at Newgrange, Knowth and Dowth, County Meath; and if he will make a statement on the matter. [14855/08]

Land use and planning functions in the area are primarily a matter for Meath County Council. I can confirm, however, that my Department will be reviewing the current management plan for the world heritage site of Brú na Bóinne later this year with the aim of ensuring that the highest levels of protection and presentation continue to be applied to this group of archaeological monuments which are of world renown and significance.

Local Authority Housing.

Ciaran Lynch

Ceist:

625 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if the Social Housing (Miscellaneous Provisions) Bill, will be published this term; if the complex legal issues referred to in Parliamentary Question No. 1404 of 30 January 2008 have been resolved in relation to the tenant purchasing of local authority flats; when local authorities will be provided with the legislative framework that will enable them to proceed with the sale of flats under the tenant purchase scheme; and if he will make a statement on the matter. [14861/08]

Work is continuing on addressing legal issues relating to the sale of local authority apartments to tenants in the context of drafting the Social Housing (Miscellaneous Provisions) Bill, which is scheduled to be published by the end of the current parliamentary session.

Niall Collins

Ceist:

626 Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government the position in relation to a project (details supplied) in County Limerick; and if he will make a statement on the matter. [14890/08]

An application for funding under the Capital Assistance Scheme has been received from Limerick City Council in respect of 15 units of accommodation, costing an estimated €3.6m. My Department sought clarification from the Council on a number of issues relating to the project and a reply is awaited. When this is to hand, the application will be further considered and the Council will be notified of the outcome as soon as possible.

Social and Affordable Housing.

Michael McGrath

Ceist:

627 Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government if he plans to facilitate persons who purchased houses under the affordable housing scheme to re-mortgage their property. [14904/08]

Emmet Stagg

Ceist:

645 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government the reason the claw back on affordable housing kicks in if people go to re-mortgage their affordable home; and if they are not selling their affordable home, will he change the claw back rules in relation to this. [14241/08]

I propose to take Questions Nos. 627 and 645 together.

Current practice requires that if a private lender agrees to provide re-mortgage finance in respect of a house purchased under the Government's affordable housing schemes, it would be on the basis that their mortgage charge would rank below the clawback charge where such a charge exists. This is consistent with the time sensitive nature of property charges under which the priority of charges is determined by the sequence in which they were placed on the property. The private financial institutions have indicated an unwillingness to advance re-mortgage finance on this basis.

Legislative provision to facilitate arrangements under which a local authority could agree to its clawback charge ranking in second place behind a new or topped-up mortgage charge, thereby facilitating persons in affordable housing wishing to re-mortgage with a private lender, is being considered in the context of the Housing (Miscellaneous Provisions) Bill which is currently being drafted. I expect that this Bill will be published by the end of the current parliamentary session.

Special Areas of Conservation.

Denis Naughten

Ceist:

628 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government when he will commence the review of turf cutting on bogs designated prior to 2002 in line with an agreement with farmers representatives; if bogs designated from 2002 on, are eligible to cut turf until at least 2015; if there is a different restriction on turf cutting on bogs designated as NHAs and special areas of conservation and for such bogs prior to and post 2002; if he will extend the derogation on turf cutting to 2015 for bogs designated prior to 2002; the bogs and locations which fall into each category; and if he will make a statement on the matter. [14933/08]

Ireland is required to protect habitats of European importance under the Habitats Directive 1992, which was transposed into Irish law by the European Communities (Natural Habitats) Regulations 1997, and the Wildlife (Amendment) Act, 2000. In accordance with the Directive, Ireland has nominated certain raised and blanket bogs, which are priority natural habitats under the Directive, as candidate Special Areas of Conservation (cSACs). In addition, Ireland has also designated other raised and blanket bogs as natural heritage areas (NHAs) under the 2000 Wildlife Act. All raised and blanket bog cSACs and NHAs are listed in the following tables.

Originally, all peat extraction was proposed to be ended on designated bogs. However, a derogation period of up to 10 years was allowed from 1999, in respect of domestic turf cutting from 32 raised bogs designated before 1999. This derogation expires at the end of 2008. A similar 10 year derogation period currently applies to any bog cSACs or Natural Heritage Areas (NHAs) designated after 1999.

A recent review of the state of our bogs confirmed that continuing damage was occurring, with losses of the remaining raised bog at a rate of 2%-4% per annum. In the light of this scientific evidence, it would not be appropriate to extend the 10-year derogation for bogs designated prior to 2002.

My Department operates a generous compensation scheme for persons who agree to stop turf cutting in designated raised bogs. This covers both cSACs and Natural Heritage Areas (NHAs).

SAC 1999 – Raised Bog

No#

Year

Site Code

Site Name

County

Hectares of SAC

% of Raised Bog Habitat

Hectares of Raised Bog Habitat

1

1997

000006

Killyconny Bog (Cloghbally)

Cavan/Meath

191.22

46%

87.96

2

1997

000231

Barroughter Bog

Galway

174.02

53%

92.23

3

1997

000248

Cloonmoylan Bog

Galway

554.42

71%

393.64

4

1997

000285

Kilsallagh Bog

Galway

279.73

68%

190.22

5

1997

000296

Lisnageeragh Bog And Ballinstack Turlough

Galway

455.49

62%

282.40

6

1997

000301

Lough Lurgeen Bog/Glenamaddy Turlough

Galway

1,162.11

51%

592.68

7

1997

000326

Shankill West Bog

Galway

136.39

52%

70.92

8

1997

000382

Sheheree (Ardagh) Bog

Kerry

17.07

38%

6.49

9

1997

000391

Ballynafagh Bog

Kildare

156.46

43%

67.28

10

1997

000440

Lough Ree

Ros/Ld/Wm

14,371.24

3%

431.14

11

1997

000457

Derrynabrock Bog

Mayo/Roscommon

Subsumed Into Sac 2298

12

1997

000497

Flughany Bog

Mayo/Sligo

231.09

47%

108.61

13

1997

000547

Tawnaghbeg Bog

Mayo

Subsumed Into Sac 2298

14

1997

000566

All Saints Bog And Esker

Offaly

369.68

52%

192.23

15

1997

000572

Clara Bog

Offaly

836.54

44%

368.08

16

1997

000575

Ferbane Bog

Offaly

153.08

76%

116.34

17

1997

000580

Mongan Bog

Offaly

207.83

61%

126.78

18

1997

000581

Moyclare Bog

Offaly

129.86

62%

80.51

19

1997

000582

Raheenmore Bog

Offaly

210.01

65%

136.51

20

1997

000585

Sharavogue Bog

Offaly

223.43

61%

136.29

21

1997

000592

Bellanagare Bog

Roscommon

1,207.59

61%

736.63

22

1997

000597

Carrowbehy/Caher Bog

Roscommon

343.83

54%

185.67

23

1997

000600

Cloonchambers Bog

Roscommon

348.20

45%

156.69

24

1997

000604

Derrinea Bog

Roscommon

86.18

70%

60.33

25

1997

000614

Cloonshanville Bog

Roscommon

225.76

84%

189.64

26

1997

000641

Ballyduff/Clonfinane Bog

Tipperary

269.56

69%

186.00

27

1997

000647

Kilcarren-Firville Bog

Tipperary

676.67

55%

372.17

28

1997

000679

Garriskil Bog

Westmeath

324.81

52%

168.90

29

1997

001242

Carrownagappul Bog

Galway

487.53

65%

316.89

30

1997

001818

Lough Forbes Complex

Longford/Ros

1,337.08

21%

280.79

31

1997

002110

Corliskea/Trien/Cloonfelliv Bog

Galway/Ros

725.21

61%

442.38

32

1999

000297

Lough Corrib

Galway/Mayo

25,253.37

2%

505.07

1999 Raised Bog Sac

Sub-Total

51,145.46

13.85%

7,081.45

Sac 2002 – Raised Bog

33

2002

000595

Callow Bog

Roscommon

617.91

26%

160.66

34

2002

002298

River Moy

Mayo/Ros/Sligo

15,415.62

4%

616.62

35

2002

002331

Mouds Bog

Kildare

591.20

49%

289.69

36

2002

002332

Coolrain Bog

Laois

145.95

42%

61.30

37

2002

002333

Knockacoller Bog

Laois

130.39

39%

50.85

38

2002

002336

Carn Park Bog

Westmeath

247.89

63%

156.17

39

2002

002337

Crosswood Bog

Westmeath

206.61

51%

105.37

40

2002

002338

Drumalough Bog

Roscommon

278.89

52%

145.02

41

2002

002339

Ballynamona Bog And Corkip Lough

Roscommon

244.77

18%

44.06

42

2002

002340

Moneybeg And Clareisland Bogs

Meath/Westmeath

364.32

39%

142.08

43

2002

002341

Ardagullion Bog

Longford

117.33

48%

56.32

44

2002

002342

Mount Hevey Bog

Meath/Westmeath

483.78

41%

198.35

45

2002

002343

Tullaher Lough And Bog

Clare

469.18

4%

18.77

46

2002

002346

Brown Bog

Longford

76.68

66%

50.61

47

2002

002347

Camderry Bog

Galway

280.72

70%

196.50

48

2002

002348

Clooneen Bog

Longford

215.03

39%

83.86

49

2002

002349

Corbo Bog

Roscommon

206.76

58%

119.92

50

2002

002350

Curraghlehanagh Bog

Galway

278.22

55%

153.02

51

2002

002351

Moanveanlagh Bog

Kerry

214.72

61%

130.98

52

2002

002352

Monivea Bog

Galway

286.68

51%

146.21

53

2002

002353

Redwood Bog

Tipperary

555.03

32%

177.61

54

2002

002354

Tullaghanrock Bog

Roscommon

103.92

65%

67.55

55

2002

002356

Ardgraigue Bog

Galway

183.54

43%

78.92

2002 Raised Bog Sac

Sub-Totals

21,715.14

14.97%

3,250.45

Total Sac Raised Bog Area

72,860.60

14.18%

10,331.89

Sac 1999 – Blanket Bog

No#

Year

Sac

Site Name

County

Hectares Of Sac

% Of Blanket Bog Habitat

Hectares Of Blacket Bog Habitat

1

1997

000584

Cuilcagh - Anierin Uplands

Cavan

9,739.70

58%

5,649.03

2

1997

001912

Glendree Bog

Clare

340.06

70%

238.04

3

1997

002126

Pollagoona Bog

Clare

28.49

100%

28.49

4

1997

000308

Loughatorick South Bog

Clare / Galway

888.34

73%

648.49

5

1997

001873

Derryclogher (Knockboy) Bog

Cork

1,712.95

13%

222.68

6

1997

001879

Glanmore Bog

Cork

1,148.27

9%

103.34

7

1997

001890

Mullaghanish Bog

Cork

70.04

95%

66.54

8

1997

000140

Fawnboy Bog/Lough Nacung

Donegal

1,105.40

38%

420.05

9

1997

000165

Lough Nillan Bog (Carrickatlieve)

Donegal

4,157.79

63%

2,619.41

10

1997

000168

Magheradrumman Bog

Donegal

997.70

56%

558.71

11

1997

000172

Meenaguse/Ardbane Bog

Donegal

668.52

55%

367.69

12

1997

000173

Meentygrannagh Bog

Donegal

530.02

80%

424.02

13

1997

000189

Slieve League

Donegal

3,925.95

14%

549.63

14

1997

000190

Slieve Tooey/Tormore Island/Loughros Beg Bay

Donegal

9,435.49

35%

3,302.42

15

1997

000197

West Of Ardara/Maas Road

Donegal

6,739.04

13%

876.08

16

1997

001107

Coolvoy Bog

Donegal

306.68

83%

254.54

17

1997

001125

Dunragh Loughs/Pettigo Plateau

Donegal

1,976.42

53%

1,047.50

18

1997

001992

Tamur Bog

Donegal

1,277.92

48%

613.40

19

1997

002047

Cloghernagore Bog And Glenveagh National Park

Donegal

33,461.11

57%

19,072.83

20

1997

002164

Lough Golagh And Breesy Hill

Donegal

799.17

48%

383.60

21

1999

000142

Gannivegil Bog

Donegal

2,153.65

54%

1,162.97

22

1997

000324

Rosroe Bog

Galway

262.03

58%

151.98

23

1997

001913

Sonnagh Bog

Galway

464.91

73%

339.38

24

1997

002008

Maumturk Mountains

Galway

13,493.44

10%

1,349.34

25

1997

002031

The Twelve Bens/Garraun Complex

Galway

16,109.84

44%

7,088.33

26

1997

002034

Connemara Bog Complex

Galway

48,997.95

66%

32,338.65

27

1997

000093

Caha Mountains

Kerry

6,859.08

13%

891.68

28

1997

000365

Killarney National Park, Macgillycuddy’s Reeks And Caragh River Catchment

Kerry

76,606.41

4%

3,064.26

29

1997

000375

Mount Brandon

Kerry

14,355.30

16%

2,296.85

30

1997

001881

Maulagowna Bog

Kerry

426.07

43%

183.21

31

1997

000412

Slieve Bloom Mountains

Laois/Offaly

4,879.19

67%

3,269.06

32

1997

001403

Arroo Mountain

Leitrim

3,967.88

18%

714.22

33

1997

000646

Galtee Mountains

Limerick / Tipp

6,421.78

13%

834.83

34

1997

000476

Carrowmore Lake Complex

Mayo

3,648.34

61%

2,225.49

35

1997

000500

Glenamoy Bog Complex

Mayo

12,901.80

59%

7,612.06

36

1997

000522

Lough Gall Bog

Mayo

362.74

72%

261.17

37

1997

000534

Owenduff/Nephin Complex

Mayo

27,063.61

50%

13,531.81

38

1997

000542

Slieve Fyagh Bog

Mayo

2,391.87

93%

2,224.44

39

1997

000633

Lough Hoe Bog

Mayo

3,215.41

38%

1,221.86

40

1997

001922

Bellacorick Bog Complex

Mayo

9,223.02

66%

6,087.19

41

1997

001932

Mweelrea/Sheeffry/Erriff Complex

Mayo

20,991.24

55%

11,545.18

42

1997

000634

Lough Nabrickkeagh Bog

Sligo

271.93

88%

239.30

43

1997

002006

Ox Mountains Bogs

Sligo

10,570.30

59%

6,236.48

44

1997

001197

Keeper Hill

Tipperary

413.71

32%

132.39

45

1997

002122

Wicklow Mountains

Wicklow

32,945.71

25%

8,236.43

Sub-Totals

398,306.27

37.83%

150,685.04

Sac 2000 – Blanket Bog

46

2000

000129

Croaghonagh Bog

Donegal

248.98

80%

199.18

Sub-Totals

248.98

80.00%

199.18

Sac 2003 – Blanket Bog

50

2003

002312

Slieve Bernagh Bog

Clare

1,974.82

7%

138.24

48

2003

002036

Ballyhoura Mountains

Cork

747.03

20%

149.41

49

2003

002301

River Finn

Donegal

5,501.79

16%

880.29

47

2003

002032

Boleybrack Mountain

Leitrim

4,268.76

30%

1,280.63

Sub-Totals

12,492.40

19.60%

2,448.56

Totals

809,602.90

18.94%

153,332.78

Raised Bog Nha

County

Site Code

Site Name

Cavan

000985

Lough Kinale And Derragh Lough Nha

Clare

000337

Doon Lough Nha

Clare

000993

Ayle Lower Bog Nha

Clare

001020

Loughanilloon Bog Nha

Clare

002307

Cloonloum More Bog Nha

Galway

000220

Lough Namucka Bog Nha

Galway

000221

Moorfield Bog/Farm Cottage Nha

Galway

000229

Ballygar Bog Nha

Galway

000235

Bracklagh Bog Nha

Galway

000245

Clooncullaun Bog Nha

Galway

000247

Slieve Bog Nha

Galway

000249

Cloonoolish Bog Nha

Galway

000254

Crit Island West Nha

Galway

000267

Funshin Bog Nha

Galway

000280

Castle Ffrench West Bog Nha

Galway

000281

Keeloges Bog Nha

Galway

000283

Kilmore Bog Nha

Galway

000284

Kilnaborris Bog Nha

Galway

000292

Leaha Bog Nha

Galway

000307

Lough Tee Bog Nha

Galway

000310

Meneen Bog Nha

Galway

000321

Raford River Bog Nha

Galway

001227

Aughrim Bog Nha

Galway

001240

Capira/Derrew Bog Nha

Galway

001244

Castle Ffrench East Bog Nha

Galway

001254

Derrinlough Bog Nha

Galway

001255

Derrynagran Bog And Esker Nha

Galway

001264

Eskerboy Bog Nha

Galway

001280

Killaclogher Bog Nha

Galway

001283

Killure Bog Nha

Galway

001303

Moorfield Bog Nha

Galway

002344

Annaghbeg Bog Nha

Galway/Ros

000222

Suck River Callows Nha

Kerry

000333

Anna More Bog Nha

Kerry

001352

Bunnaruddee Bog Nha

Kildare

001388

Carbury Bog Nha

Kildare

001393

Hodgestown Bog Nha

Laois

002357

Clonreher Bog Nha

Laois/Tipperary

000652

Monaincha Bog/ Ballaghmore

Leitirm

000691

Rinn River Nha

Leitirm

001405

Cashel Bog (Leitrim) Nha

Leitirm/Longford

000422

Aghnamona Bog Nha

Leitrim

001420

Corracramph Bog Nha

Leitrim

001423

Cloonageeher Bog Nha

Leitrim/Longford

000694

Wooddown Bog Nha

Longford

001448

Forthill Bog Nha

Longford

001450

Mount Jessop Bog Nha

Meath

001324

Jamestown Bog Nha

Meath

001580

Girley Bog Nha

Meath

001582

Molerick Bog Nha

Offaly

000570

Black Castle Bog Nha

Offaly

000921

Screggan Bog Nha

Offaly

002033

Daingean Bog Nha

Offaly

002355

Hawkswood Bog Nha

Offaly/Tipp

000564

River Little Brosna Callows Nha

Offaly/Tipp

000890

Cangort Bog Nha

Offaly/Wmeath

000565

Clonydonnin Bog Nha

Roscommon

000591

Bella Bridge Bog Nha

Roscommon

000603

Cornaveagh Bog Nha

Roscommon

000605

Derrycanan Bog Nha

Roscommon

001623

Carrickynaghtan Bog Nha

Roscommon

001652

Tullaghan Bog (Roscommon) Nha

Roscommon

002072

Lisnanarriagh Bog Nha

Tipperary

000640

Arragh More Bog Nha

Tipperary

000642

Ballymacegan Bog Nha

Tipperary

000648

Killeen Bog Nha

Tipperary

000937

Scohaboy Bog Nha

Tipperary

001684

Lorrha Bog Nha

Tipperary

001853

Nore Valley Bogs Nha

Westmeath

000674

Ballynagrenia And Ballinderry

Westmeath

000677

Cloncrow Bog (New Forest) Nha

Westmeath

000684

Lough Derravaragh Nha

Westmeath

001725

Nure Bog Nha

Westmeath

001812

Lough Garr Nha

Westmeath

002323

Milltownpass Bog Nha

Nha Blanket Bog

County

Site Code

Site Name

Cavan

000009

Slieve Rushen Bog Nha

Clare

002367

Lough Naminna Bog Nha

Clare

002377

Lough Atorick District Bogs Nha

Clare

002397

Slievecallan Mountain Bog Nha

Clare

002400

Cragnashingaun Bogs Nha

Clare

002401

Gortacullin Bog Nha

Clare

002402

Woodcock Hill Bog Nha

Clare

002421

Lough Acrow Bogs Nha

Clare

002439

Oysterman’s Marsh Nha

Clare

002442

Maghera Mountain Bogs Nha

Cork

002105

Derreennatra Bog Nha

Cork

002371

Trafrask Bog Nha

Cork

002386

Conigar Bog Nha

Cork

002416

Pulleen Harbour Bog Nha

Cork

002417

Leahill Bog Nha

Cork

002447

Boggeragh Mountains Nha

Cork, Kerry

001059

Hungry Hill Bog Nha

Cork, Kerry

002449

Mount Eagle Bogs Nha

Donegal

000122

Cashelnavean Bog Nha

Donegal

001108

Corveen Bog Nha

Donegal

001127

Illies Hill Bog Nha

Donegal

001159

Lough Fad Bog Nha

Donegal

001878

Crocknamurrin Mountain Bog Nha

Donegal

002322

Slieve Snaght Bogs Nha

Donegal

002375

Barnesmore Bog Nha

Donegal

002405

Camowen River Bog Nha

Donegal

002406

Umrycam Bog Nha

Donegal

002437

Meenagarranroe Bog Nha

Donegal

002452

Lough Hill Bog Nha

Donegal

002453

Meenmore West Bog Nha

Galway

001229

Slieve Aughty Bog Nha

Galway

001241

Carna Heath And Bog Nha

Galway

002364

Moycullen Bogs Nha

Galway

002374

Cloon And Laghtanabba Bog Nha

Galway

002379

Derryoober Bog Nha

Galway

002431

Oughterard District Bog Nha

Galway

002436

Tooreen Bog Nha

Kerry

000366

Knockroe Bog Nha

Kerry

000383

Slaheny River Bog Nha

Kerry

001882

Sillahertane Bog Nha

Kerry

001948

Doughill Bog Nha

Kerry

002448

Knockatarriv/Knockariddera Bogs Nha

Kilkenny

002382

Coan Bogs Nha

Leitrim

002384

Dough/Thur Mountains Nha

Leitrim

002430

Aghavogil Bog Nha

Leitrim, Ros

002321

Corry Mountain Bog Nha

Leitrim, Sligo

002435

Crockauns/Keelogyboy Bogs Nha

Limerick

002186

Grageen Fen And Bog Nha

Limerick

002361

Moyreen Bog Nha

Limerick

002399

Carrigkerry Bogs Nha

Limerick

002454

Lough Gay Bog Nha

Mayo

000548

Tawnymackan Bog Nha

Mayo

001473

Bangor Erris Bog Nha

Mayo

001548

Pollatomish Bog Nha

Mayo

001566

Tristia Bog Nha

Mayo

001567

Tullaghan Bay And Bog Nha

Mayo

001570

Ummerantarry Bog Nha

Mayo

002381

Doogort East Bog Nha

Mayo

002383

Croaghmoyle Mountain Nha

Mayo

002391

Inagh Bog Nha

Mayo

002403

Sraheens Bog Nha

Mayo

002419

Glenturk More Bog Nha

Mayo

002420

Cunnagher More Bog Nha

Mayo

002432

Forrew Bog Nha

Mayo

002446

Ederglen Bog Nha

Mayo

002455

Lough Greney Bog Nha

Monaghan

001603

Eshbrack Bog Nha

Roscommon

000617

Kilronan Mountain Bog Nha

Sligo

001902

Slieveward Bog Nha

Sligo

002415

Carrane Hill Bog Nha

Tipperary

002385

Mauherslieve Bog Nha

Tipperary

002388

Slievenamon Bog Nha

Tipperary

002450

Bleanbeg Bog Nha

Wildlife Conservation.

John Deasy

Ceist:

629 Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government if there are regulations governing the control and culling of cormorants to protect fish stocks; and if he will make a statement on the matter. [13998/08]

The cormorant, like all wild birds, is a protected species under the Wildlife Acts and the EU Birds Directive. In 2002 the estimated population in the State was 4,550 pairs. As a protected species it cannot be controlled or culled except under licence from my Department. Section 42 of the Wildlife Act, 1976 allows the scaring, capturing or killing of cormorants in instances where serious damage is being caused to other fauna and/or a fishery. Applications are considered on an individual basis and my Department takes into account a number of factors in considering such applications.

For example, licence applications to control cormorant damage during the annual smolt migration of salmon and sea trout are assessed individually, entail a site visit by my Department and, based on the assessment, a licence may be issued. Licences to control cormorants at breeding colonies or communal night roosts are refused. Control should always be at the site of alleged damage rather than the nearest breeding colony or night roost. Blanket licences to control cormorant damage over large areas are also refused. However, licences for serious damage control at specific sites (e.g. point of release of reared fish) are considered for a specific time period and geographical area.

Cormorant damage to hatcheries, fish farms, freshwater and marine rearing cages can often be prevented by exclusion netting/wires or pond design and my Department requests that all possible precautions to prevent serious damage be implemented prior to consideration of a control licence.

All licences issued by my Department stipulate the mode of control, the geographical area covered and the time period for which the licence is valid. An annual return of the number of cormorants shot or wounded is required to be forwarded to my Department.

Waste Management.

Shane McEntee

Ceist:

630 Deputy Shane McEntee asked the Minister for the Environment, Heritage and Local Government his policy in relation to incineration; and if he will make a statement on the matter. [13835/08]

The Programme for Government contains a range of commitments in respect of waste management policy centred on the Government's continued support for the internationally recognised waste hierarchy which places major emphasis on the prevention, reuse and recycling of waste while minimising reliance on landfill and other disposal options. This commitment to the waste hierarchy has added significance in the context of the requirements of the EU Landfill Directive to divert waste from landfill. Meeting this obligation will entail doubling the existing level of diversion from landfill by 2010 and further increases in diversion in subsequent years.

The Programme contains major commitments in relation to national waste policy, including, in particular, an emphasis on moving away from a high reliance on incineration. In this regard it is intended that there will be an increased commitment to the use of alternative technologies, including mechanical and biological treatment. This is a process which will be assisted by the major review of waste policy, also provided for in the Programme, which is now being initiated.

Registration of Architects.

Phil Hogan

Ceist:

631 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if he will review the Building Control Act 2007 to remove anomalies regarding membership of the Royal Institute of the Architects of Ireland; and if he will make a statement on the matter. [13843/08]

Section 13 of the Building Control Act 2007 provides that the registration body for the registration of architects shall be the Royal Institute of the Architects of Ireland.

Section 14 of the Act sets out the eligibility criteria for registration in the statutory register of architects. A person who is a fellow or member of the registration body is included as being eligible for registration. However, with regard to other persons who are eligible for registration under the various categories cited, such as those with academic qualifications or a person who has been assessed as eligible for registration by the Technical Assessment Board in accordance with the practical experience assessment procedures, Section 14 (4) of the Act provides that "membership of the registration body is not a prerequisite for registration in the register or continuance of registration but all registered professionals are eligible for membership of the registration body and the same fee shall be charged for registration in the register whether or not the particular person is a member of the registration body".

In the circumstances, I do not consider it necessary to review the Act.

Social and Affordable Housing.

Noel Grealish

Ceist:

632 Deputy Noel Grealish asked the Minister for the Environment, Heritage and Local Government if instructions have been sent from his Department to Galway City Council to build houses on the green space in an area (details supplied) in County Galway; and if he will make a statement on the matter. [13850/08]

The normal practice is for housing authorities to submit project applications, including site location details, to my Department for funding under the Social Housing Investment Programme. My Department has not received any proposals regarding the specified location.

Water Pollution.

David Stanton

Ceist:

633 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if he will amend the law to make it a requirement for people who are planning to discharge treated effluent into waterways and so on, to erect a sign in addition to putting public notice in the press; and if he will make a statement on the matter. [13884/08]

Where an application for a licence for a discharge of effluent to waters is incorporated in an Integrated Pollution Prevention and Control (IPPC) licence application to the Environmental Protection Agency, the relevant regulations require a site notice as well as a newspaper notice.

I have at present no proposals to amend the regulations regarding the licensing by local authorities of discharges to waters under the Local Government (Water Pollution) Acts but the position in this regard will be kept under review in the context of the development of River Basin Management Plans and other measures being brought forward for implementation of the Water Framework Directive.

Greenhouse Gas Emissions.

Michael Creed

Ceist:

634 Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government the position regarding the estimated carbon offsets to be reflected in the National Climate Change Strategy 2008 to 2012 from State or EU funded afforestation schemes; and if he will make a statement on the matter. [13888/08]

Current estimates indicate that the average annual sequestration effect of forest areas established as a result of grant aid under the State/EU funded afforestation schemes since 1990 will be 2.074 million tonnes during the Kyoto Protocol period 2008-2012. This represents a significant increase on the estimate for 2006 due to growth of young forests planted in recent years.

Fire Stations.

Pat Breen

Ceist:

635 Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to plans to equip the fire service with defibrillators; if funding will be provided; and if he will make a statement on the matter. [13946/08]

The provision of equipment such as defibrillators for use by fire service personnel is a matter for the individual fire authorities and the Department has no direct role in this matter unless capital funding is sought for the purchase of such equipment.

I am aware that nearly all fire authorities have invested in training their fire fighters to Emergency First Responder level. Some authorities have, in addition, brought some of the first responders to cardiac first responder level, which means they are trained to use Automatic External Defibrillators. These authorities carry defibrillators on the fire appliances for the protection of their own staff and for use to assist the public at the scene of an incident at which the fire service is in attendance.

Planning Issues.

Seymour Crawford

Ceist:

636 Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government further to a previous parliamentary question, if he has received the preliminary reports from Monaghan County Council; and if not, if his Department is in touch with the local authority regarding this urgent issue; and if he will make a statement on the matter. [13973/08]

My Department has yet to receive Monaghan County Council's Preliminary Report for the scheme. I understand that the Council is preparing an Environmental Impact Statement in respect of the Castleblayney proposal.

Water and Sewerage Schemes.

Dan Neville

Ceist:

637 Deputy Dan Neville asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of an upgraded sewerage scheme at Drumcollogher, County Limerick; and if Limerick County Council has submitted its preliminary report for the scheme. [13988/08]

Paul Kehoe

Ceist:

643 Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government the position regarding the status of the proposed sewerage treatment plants (details supplied) in County Limerick; the date the applications for funding for these schemes were originally submitted by Limerick County Council; when his Department will grant approval and funding for these projects; the scheduled commencement dates for the works; and if he will make a statement on the matter. [14186/08]

I propose to take Questions Nos. 637 and 643 together.

Drumcollogher and Pallasgreen, along with Hospital and Bruff, are being advanced as part of a grouped sewerage scheme that has been approved for funding under my Department's Water Services Investment Programme 2007-2009 to begin construction in 2009. Athea, Askeaton, Foynes and Glin Sewerage Schemes are part of a separate grouped scheme that is also approved for funding under the Programme, with a 2009 construction start. My Department is awaiting submission of Limerick County Council's Preliminary Reports in both cases.

I refer to the reply to Question No. 982 of 2 April 2008, in relation to the Kilmallock Sewerage Scheme.

Planning Issues.

Paul Nicholas Gogarty

Ceist:

638 Deputy Paul Gogarty asked the Minister for the Environment, Heritage and Local Government further to correspondence forwarded on by this Deputy to his office (details supplied), if he has power to intervene under Section 77 of the Roads Act, 1993; if so, if and when he will take appropriate action in view of the fact that the quality of life and safety of residents is being compromised due to inadequate noise and safety barriers erected as a result of inaccurate modelling information; and if he will make a statement on the matter. [14009/08]

I have no function under the Roads Act 1993. Within the functional area of a local authority, noise mapping and action planning in relation to any road to which the provisions of the Environmental Noise Regulations 2006 (S.I. No. 140 of 2006) apply are matters for the local authority concerned.

Archaeological Sites.

Denis Naughten

Ceist:

639 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Questions Nos. 1147 and 1148 of 26 September 2007, the progress to date in relation to same; and if he will make a statement on the matter. [14036/08]

The conservation study of the Rathcroghan archaeological complex, Co. Roscommon was published in Autumn 2007 and can be viewed on my Department's website, www.environ.ie.

Since the publication of the conservation study, my Department has been in contact with Roscommon County Council to progress the relevant recommendations in the study in the context of the review of the Roscommon County Development Plan which will cover the period 2008 — 2014: the plan is expected to be adopted in July 2008. The draft plan incorporates a significant number of detailed planning policies for the Rathcroghan archaeological complex and its setting which will support the implementation of the Department's conservation study.

In addition, my Department is currently considering measures to improve the presentation of, and public access to, the national monuments at Rathcroghan including the purchase of additional lands at Rathcroghan by the State.

Local Authority Funding.

Jack Wall

Ceist:

640 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of funding by his Department to a local authority for the purchase of nine houses for their housing stock (details supplied) in County Kildare; and if he will make a statement on the matter. [14092/08]

The local authority has since submitted further information in support of their application for funding. My Department is currently awaiting a Valuer's Report on the project. On submission of the report, my Department will be in a position to make a decision on the provision of funding.

Consultancy Contracts.

Olivia Mitchell

Ceist:

641 Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government the consultants who carried out work for his Department or for any body under the auspices of his Department during 2007; if each consultant was an individual or a firm; the amount earned by each consultant in 2007; the basis of the calculation of same; the rate per hour, day, week, month or other period payable in each case; if in each case the consultant was engaged to prepare a report or to carry out work; if in the case of a report being prepared the report has been published; if not, when the report will be published; and if he will make a statement on the matter. [14105/08]

My Department does not compile or hold data in relation to consultants engaged by agencies under its aegis.

The information requested in relation to consultants engaged by my Department in 2007 is set out in the following table.

Consultant

Firm / Individual

Purpose of Consultancy

Payments in 2007

Basis for calculation of cost

Report / Publication Date (If Applicable)

QTS Group

Firm

Provide safety statements for six NPWS regions

€14,520

€2,420 per safety statement

Not Applicable

QTS Group

Firm

Custom House annual risk assessment & safety statement review

€1,452

€1,452 per safety statement review

Not Applicable

QTS Group

Firm

Provide risk assessment advice on NPWS Midland sites

€2,904

€968 per day (3 days on site)

Not Applicable

Baseline Creative

Firm

Fees in relation to the Department Identity (logo)

€13,916

Agreed Fee

Not Applicable

Tom Considine

Individual

Report on outcome of Contract 4.2 Limerick Main Drainage

€29,415

Fixed Price Contract

Yes — 29/01/2008

Institute of Public Administration

N/A

Quality review of Rural Water Programme Report

€3,630

Fixed Price Contract

Yes — 30/03/2007

Oracle Corporation

Firm

Troubleshoot and provide support on problems that arose on the Oracle Financials application and new software development

€75,267

Daily rates of €1,100 and €1,275 and hourly rates of €114.50

Not Applicable

Deloitte

Firm

ICT Strategy 2008-2010

€0

Contract milestones

Not Applicable.

ESRI (Economic & Social Research Institute)

Firm

Survey of repairs & maintenance

€24,200

Fixed annual cost based on agreed contract price

Yes — report produced quarterly

DKM Economic Consultants

Firm

Construction research reports

€95,760

Fixed annual cost based on agreed contract price

Yes — Review of the Construction Industry 2006 and Outlook 2007-2009 (September 2007) Construction Industry Indicators Issues January, April, August and November

AEA Technology Plc

Firm

Consultancy contract for analysis of the national emissions of pollutants

€36,240

Fixed Price Contract

Not applicable

Consortium comprises: Cawley NEA\TBWA, RPS Group, Mary Murphy Associates, OMD Ireland

Firm

Development and delivery of a communications and public awareness campaign in Ireland focusing on climate change.

Monthly Consultancy Fees — Cawley NEA (€65,447) OMD (€10,743) Mary Murphy Associates (€32,160) RPS (€52,877) VAT €33,857.67)

Not Applicable

Consultant

Firm / Individual

Purpose of Consultancy

Payments in 2007

Basis for calculation of cost

Report / Publication Date (If Applicable)

Enviro Centre

Firm

Sustainable development indicators research

€5,445

Agreed Fee

Yes, on Comhar website

Dr Peter Doran

Individual

Fees for paper on sustainable consumption and production and associated expenses.

€6,107

Agreed Fee

Yes, on Comhar website

University College Dublin

N/A

Peter Clinch and Susana Ferreira “Understanding and measuring quality of life” contribution to Comhar SDC 2006 Annual Conference.

€3,800

Agreed fee

Yes, on Comhar website

Financial Dynamics

Firm

Public relations fees for Comhar 2006

€13,904

€1,500 per month

Not Applicable

The Marine Institute

Firm

Briefing paper for Comhar SDC Annual Conference (2006)

€3,000

Agreed fee

Yes, on Comhar website

DHR Communications Ltd

Firm

Public relations services for Comhar SDC in 2007

€12,269

€120 per hour

Not Applicable

Eco — Unesco

N/A

COMHAR ESD Research Project in 2007

€10,187

Agreed fee

Yes, on Comhar website

Byrne O’Cléirigh

Firm

Briefing paper for Comhar SDC Annual Conference (2007)

€6,050

Agreed fee paid January 2008

Yes, on Comhar website

Enviro Centre

Firm

Briefing paper for Comhar SDC Conference (2007)

€4,000

Agreed fee paid January 2008

Yes, on Comhar website

Muiris McCarthaigh, Institute of Public Administration

Individual

Briefing paper on governance and sustainability for Comhar SDC Conference (2007)

€9,680

Agreed fee paid in January 2008

Yes on Comhar Website

Tobin Consulting Engineers

Firm

Management of National Litter Pollution Monitoring System

€104,398

Based on an agreed fixed price contract to monitor litter levels in Local Authorities across the country. Fees Paid Quarterly.

Yes, report published annually in June.

Local Government Computer Services Board

Firm

Litter GIS training and support charges 2007

€4,740

IT Support Service. Cost calculated on basis of work carried out at the request of Local Authorities

Not Applicable

Octo Ltd.

Firm

Develop and run and emergency planning exercise

€43,449

Fixed Price Contract

Not Applicable

Miriam Lee

Individual

Language Translation

€1,377

Agreed professional fees

Not Applicable

Consultant

Firm / Individual

Purpose of Consultancy

Payments in 2007

Basis for calculation of cost

Report / Publication Date (If Applicable)

UCD Energy Research Group

Firm

Energy Efficiency Regs for New Dwellings & Options for Improvements

€108,779

Public tender process

Sep-07

Gaunt Francis Archts.

Firm

To advise Minister on energy conservation

€4,160

Agreed professional fees

Not Applicable

Building Research Establishment, UK and Bill Robinson, Irish Consultant

Firm

Develop an Irish standard for timber frame construction

€33,883

Fixed Price Contract

Not Applicable

Kavanagh Mansfield

Firm

Eurocode 2 Study — Design of Concrete Structures

€36,754

Fixed Price Contract

Not Applicable

Lee McCullough

Firm

Eurocode 6 Study — Design of Masonry Structures

€16,251

Fixed Price Contract

Not Applicable

Mary Higgins

Individual

Examination & modification of draft revised homeless strategy

€4,978

€1,028 per day

Yes, strategy expected, Summer 2008

William Fry solicitors

Firm

Reviewing and re-drafting forms of contracts for Rental Accommodation Scheme for use by local authorities

€13,311

€480 per hour

Not Applicable

Indecon International Economic Consultants

Firm

Economic and social review of proposed revised terms of the tenant purchase scheme

€85,180

Fixed Price Contract

Yes, published September 2007

Operational Command Training Organisation

Firm

Preparation & facilitation of risk assessment training

€3,981

Fixed Price Contract

Not Applicable

Brindley Advertising

Firm

Register of Electors awareness campaign

€20,570

Fixed Price contract(media costs excluded)

Not Applicable

DTZ Sherry Fitzgerald

Firm

DTZ Sherry Fitzgerald (phase 1) — conclusion of local lease arrangements

€35,090

Fixed Price contract

Yes, report under consideration in the Department

Indecon International Economic Consultants

Firm

Review of County/City Development Board strategies and proposals for strengthening and developing the Boards

€31,057

Cost per day €1,069 (ex VAT)

Report to be published April 2008

RITS

Firm

Security Audit

€8,500

Agreed Fee

Not Applicable

Consultant

Firm / Individual

Purpose of Consultancy

Payments in 2007

Basis for calculation of cost

Report / Publication Date (If Applicable)

Bernard Feeney — Goodbody Economic Consultants

Firm

Preparation of draft terms of reference for a study of guidelines for river basin management plans

€3,933

€1,300 per day

Not Applicable

Mazars

Firm

Financial review of Muckross House trustee arrangements-

€28,647

Tender: price accepted was €23675 plus VAT @ 21% on fixed price contract basis

Not Applicable

Environmental Protection Agency

N/A

Contribution to Regulatory Impact Analysis — Surface Water Regulations

€50,000

Department’s contribution to cost

Not Applicable

Owen Boyle

Individual

Seven Grouped Villages Sewerage Schemes (Waterford) Process Audit

€9,443

Per diem rate €509.76

Not Applicable

Gus Cummins

Individual

Mullingar Sewerage Scheme — Process Audit

€5,261

Per diem rate €651.08

Not Applicable

John Murphy

Individual

Final account reports

€16,425

Per diem rate €600

Not Applicable

Goodbody Economic Consultants

Firm

Review of Living over the Shop Tax Incentive Scheme

€32,186

Fixed Price Contract

Draft Report under consideration

Oxford Archaeology Ltd.

Firm

Preparation of Conservation Study for Rathcroghan Archaeological Complex, Co. Roscommon

€25,619

8 project team members in different disciplines. Pay rates range between €170-€825 per day and expenses

Published 2007. Available on DoEHLG website

ACS Ltd.

Firm

Supplementary Research Project — Woodstown 6

€115,629

Open tender process Staged milestone costs across four disciplines. Per diem rates not available

Report received and currently under consideration with view to publication Q2 2008

Wildlife Conservation.

Paul Kehoe

Ceist:

642 Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government if he will extend areas of conservation in County Limerick to protect the habitat of the hen harrier bird; and if any proposed extension, or existing provisions will have consequences for the cutting of turf for domestic purposes in the district electoral divisions (details supplied) in County Limerick; and if he will make a statement on the matter. [14185/08]

Proposals to designate Special Protection Areas (SPAs) for the purpose of protecting the hen harrier were published in November 2007. The published boundaries were derived from national and local surveys carried out between 1998 and 2005 and represent the most important areas for the protection of the hen harrier.

In order to meet the requirements of the European Commission regarding the finalisation of SPA boundaries, it is not possible to make amendments to these SPAs, other than through the assessment of landowner appeals received within the statutory deadline (3 months from date of publication). At present, my Department is considering some 98 appeals for inclusion in the Stack's to Mullaghareirk Mountains, West Limerick Hills and Mount Eagle SPA and the Slievefelim to Silvermines Mountains SPA in Co. Limerick. Arising from these appeals, these sites may be extended in some areas.

The designation of SPAs for protection of hen harriers does not in itself affect turf cutting rights. The position regarding such rights in all areas was set out in the reply to Question Nos. 942, 959, 961, 962 and 963 on 2 April.

Question No. 643 taken with Question No. 637.

Local Authority Housing.

Pádraic McCormack

Ceist:

644 Deputy Pádraic McCormack asked the Minister for the Environment, Heritage and Local Government the housing capital allocation for 2008 to Galway City Council; if the council has been notified of the capital allocation; and if he will make a statement on the matter. [14210/08]

My Department recently met with all local authorities to discuss allocations for social housing for the 2008 — 2010 period and I anticipate being in a position to issue capital allocations for 2008 shortly.

Question No. 645 answered with Question No. 627.

Rights of Way.

David Stanton

Ceist:

646 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if a register of public rights of way exists; if so, the way such a register can be accessed; and if he will make a statement on the matter. [14254/08]

Particulars of rights of way created under section 206 and 207 of the Planning and Development Act 2000 are required to be entered into each planning authority's planning register. The Act requires the planning register to be kept at the offices of the planning authority and to be available for inspection during office hours this requirement is restated in my Department's Development Management Guidelines for Planning Authorities, published in June 2007, which are available on the Department's website www.environ.ie.

Local Authority Correspondence.

Seán Barrett

Ceist:

647 Deputy Seán Barrett asked the Minister for the Environment, Heritage and Local Government the steps he will take to ensure that Members of the Oireachtas receive replies within a maximum two to three week period to representations on behalf of constituents to Dún Laoghaire Rathdown County Council; and if he will make a statement on the matter. [14282/08]

The Local Government Act 2001 (Section 237A) Regulations 2003, provide, inter alia, for the supply of specified documentation to Oireachtas members by local authorities such as the local authority budget, draft development plan etc. Under the Regulations, local authorities are required in addition, to put in place arrangements to ensure that systems, procedures and timeframes equivalent to those used by them in relation to correspondence from local authority members apply also in respect of Oireachtas members.

I am concerned to ensure that local authorities should at all times provide a proper level of service for Oireachtas members and facilitate them in carrying out their work on behalf of their communities.

A review of the operation of these arrangements is currently being conducted to ensure their effective implementation. Arising from this, I will, if necessary, issue supplementary guidance to local authorities. In the meantime, and as part of the review, my Department has written recently to each County/City Manager specifically reminding them of the requirements of the Regulations in this regard.

Special Areas of Conservation.

Frank Feighan

Ceist:

648 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government if the Cloonelt Bog and Cloonsuck Bog in the Cloonbonniffe area in north County Roscommon is included in the Special Area of Conservation and national heritage area of bogland. [14287/08]

The Cloonelt and Cloonsuck Bogs in north County Roscommon are not designated, or proposed, as Natural Heritage Areas, nor have they been included on the list of 423 sites transmitted to the EU in December 2007 as Special Areas of Conservation. The designated status of any land may be checked on the website www.npws.ie .

Frank Feighan

Ceist:

649 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the position regarding the sale of bogland in the Special Area of Conservation area in County Roscommon on behalf of a person (details supplied) in County Roscommon, which is ongoing for a long period. [14288/08]

The Chief State Solicitor's Office have confirmed that they have investigated the title in the above case and have written to the vendor's solicitor with a number of standard pre-contract queries. It is hoped that the matter can be finalised shortly.

Housing Aid for the Elderly.

Enda Kenny

Ceist:

650 Deputy Enda Kenny asked the Minister for the Environment, Heritage and Local Government if there is a scheme for the insulation of homes; if there is a scheme to help the elderly replace windows in private homes; and if he will make a statement on the matter. [14297/08]

My Department operates a number of targeted options to assist vulnerable groups, such as lower income households and older persons, to secure necessary improvement works to their homes. These include the local authority house improvement loan scheme, a Housing Adaptation Grant for People with a Disability, a Mobility Aids Housing Grant Scheme and a Scheme of Housing Aid for Older People.

The Housing Aid for Older People Scheme provides targeted support to improve conditions in the existing housing of older people. The type of works which are grant aided under the Scheme include structural repairs or improvements, re-wiring, the provision of water, sanitary services, heating, repairs to or replacement of windows, provision of central heating and associated insulation works.

In addition, older people living in local authority accommodation can benefit from the central heating programme introduced by my Department in July 2004. The programme assists local authorities in providing central heating facilities in their rented dwellings and, where necessary, in implementing measures to improve energy efficiency.

Through the Remedial Works Scheme, and funding for regeneration and redevelopment projects, my Department also financially assists local authorities in upgrading, renovating and re-developing their housing stock. Works under the Remedial Works Scheme must comply with Building Regulations and where an extensive programme of refurbishment is carried out, measures are taken to improve thermal insulation accordingly.

Sustainable Energy Ireland, under the auspices of the Department of Communications, Energy and Natural Resources, operates a Low Income Housing Programme, set up to help establish and implement a national plan of action to address the problem of fuel poverty. Core delivery is through the Warmer Homes Scheme, which aims at improving the energy efficiency and comfort conditions of homes occupied by low-income households, and at establishing the systems and growing the capacity to install measures including attic insulation, draught proofing, lagging jackets, energy efficient lighting, cavity wall insulation and to provide energy advice.

Water and Sewerage Schemes.

Christy O'Sullivan

Ceist:

651 Deputy Christy O’Sullivan asked the Minister for the Environment, Heritage and Local Government if there is a request for funding presently with his Department for a sewerage scheme in Drinagh, County Cork. [14305/08]

A sewerage scheme to serve Drinagh was ranked twenty first on the list of water and sewerage schemes submitted by Cork County Council in response to my Department's request to local authorities in 2006 to undertake fresh assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of these assessments. The priority lists were taken into account in preparing the Water Services Investment Programme 2007-2009 which I published in September 2007 and which is available in the Oireachtas Library. Given the level of competing demand for available funding and the priorities identified by the elected members of Cork County Council, I regret that it was not possible to include the Drinagh scheme in the current Programme.

Strategic Drainage Study.

Joanna Tuffy

Ceist:

652 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the position regarding the Greater Dublin Strategic Drainage Study; if he plans to take steps to have this study reviewed; and if he will make a statement on the matter. [14404/08]

I understand that a Strategic Environmental Assessment (SEA) is being carried out by Fingal County Council in relation to the Greater Dublin Strategic Drainage Study and that the results of the public consultation process in relation to the Environmental Report element of the SEA are under consideration by the Council. It would not be appropriate for me to comment on the process in the meantime, or to anticipate the likely outcome.

Control of Dogs Act.

Billy Timmins

Ceist:

653 Deputy Billy Timmins asked the Minister for the Environment, Heritage and Local Government his plans to introduce new measures under the Control of Dogs Act 1986; and if he will make a statement on the matter. [14410/08]

Regulations to implement the majority recommendations of the Working Group to Review the Management of Dog Breeding Establishments are currently being finalised in my Department and I expect to be in a position to publish them shortly.

Voluntary Housing Schemes.

Dan Neville

Ceist:

654 Deputy Dan Neville asked the Minister for the Environment, Heritage and Local Government when finance will be transmitted from his Department to Limerick County Council in respect of a voluntary housing scheme (details supplied) in County Limerick. [14512/08]

A Grant of €2,248,446 was approved for this project in 2003, of which some €2,136,064 has been paid to Limerick County Council. An application for additional funding was received from the Council on 1 February 2008. This is being examined and the Council will be advised of the outcome as soon as possible.

Waste Management.

Deirdre Clune

Ceist:

655 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the number of incinerators that will be required to deal with municipal waste; the locations of these incinerators; the support his Department will provide towards the building and operating of these incinerators; and if he will make a statement on the matter. [14513/08]

My Department has no role in determining the number or location of municipal waste incinerators, or in funding the construction or operation of such 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.

I also refer to the reply to Question No. 630 on today's order paper in relation to the review and future direction of national waste policy.

Sport and Recreational Development.

Jack Wall

Ceist:

656 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the meetings he or his officials have had or are proposing to have with the Department of Arts, Sport and Tourism to discuss a common and agreed platform of guidelines in relation to the development of recreational and sporting facilities that will match the commitment contained in the Programme for Government to implement a major programme to promote rural recreation and sport; and if he will make a statement on the matter. [12471/08]

Jack Wall

Ceist:

657 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government if the €150 million community development fund promised in the Programme for Government has been established; the amount paid out to date from the fund; and if he will make a statement on the matter. [12480/08]

Jack Wall

Ceist:

658 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the progress made with regard to the community development plan promised in the Programme for Government; if the €150 million community development fund promised in the Programme for Government has been established; the amount paid out to date from the fund; the amount projected to be paid out during 2008; and if he will make a statement on the matter. [12631/08]

Jack Wall

Ceist:

659 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the progress made with regard to the community development plan promised in the Programme for Government; and if he will make a statement on the matter. [12479/08]

I propose to take Questions Nos. 656 to 659, inclusive, together.

The Programme for Government provides for a Community Development Plan, underpinned by a Fund of €150m, to be established over a five year period. The Plan will deal with the provision of community facilities such as playgrounds, community centres, local markets, recycling, sports and recreational facilities and will be implemented in a way which maximises impact on local communities and complements existing relevant programmes.

As a first step, and in keeping with the recommendation in the Task Force Report on Active Citizenship, an audit of community, sports and arts facilities at local level is being undertaken during 2008 by each county and city council, under the auspices of the relevant County/City Development Board. My Department has recently issued guidelines in relation to the audit to county and city councils. These guidelines were developed over a number of meetings in consultation with the Department of Arts, Sport and Tourism, the Department of the Taoiseach and local authorities. A Steering Group representative of these bodies, as well as the Department of Community, Rural and Gaeltacht Affairs, will oversee the audits. Once the audits have been completed and any necessary analysis of the results has been carried out, the Plan will be developed.

Strategy on Homelessness.

Olwyn Enright

Ceist:

660 Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government the agencies his Department is working with to develop services and implement the Government Strategy to end homelessness by 2010; and if he will make a statement on the matter. [12121/08]

The Homeless Agency, established in 2001 as part of the Government's Integrated Strategy on Homelessness, is a partnership structure, bringing together the voluntary and statutory agencies involved in planning, funding and delivering services to people who are homeless. The Agency is responsible for the overall management and co-ordination of homeless services in the Dublin area and for the implementation of agreed action plans.

Outside of Dublin local homeless fora have been established at city and county level, with representatives of the local authorities, the Health Service Executive and the voluntary sector. These have prepared 3 year action plans to provide a coherent response to homelessness, detailing how accommodation, health, settlement and welfare services will be provided. Local Homeless Action Plans are in place in all areas.

The Cross Department Team on Homelessness, led my Department, is steering the development of the new Government strategy to address adult homelessness. It has received input from the National Homeless Consultative Committee which includes representatives of both voluntary and statutory bodies dealing with homelessness. I expect to publish the new Strategy next month.

Environmental Policy.

Joanna Tuffy

Ceist:

661 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government if all incandescent bulbs will be banned from January 2009, as announced by him as part of his Carbon Report in 2007; and if this will mean that no incandescent bulbs of any wattage can be purchased in shops here from January 2009; and if he will make a statement on the matter. [14540/08]

I refer to the reply to Questions Nos. 1314, 1331 and 1345 of 30 January 2008 in which I stated that, in formulating proposals for a minimum energy efficiency standard for lighting, it will be necessary to have regard to a range of factors, including the availability of alternative lamp technologies in the market to meet consumer requirements. The position is unchanged.

Waste Management.

Phil Hogan

Ceist:

662 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government his views in respect of the implementation of the waste tyre regulations; if his attention has been drawn to the concerns of the independent tyre wholesalers regarding these measures; and if he will intervene to address those concerns. [14559/08]

Information on tyre flows and the management of waste tyres has long been regarded as inadequate. In order to tackle this deficit and put in place a proper regulatory framework, I made the Waste Management (Tyres and Waste Tyres) Regulations 2007. These Regulations impose obligations on persons who supply tyres to the Irish market, whether as producers (e.g. manufacturers, importers including wholesalers, traders and retailers who source tyres outside the State), suppliers (e.g. wholesalers, traders and retailers who source tyres exclusively within the State) and on the collectors of waste tyres.

The Regulations were introduced following protracted negotiations with economic stakeholders, including wholesalers, under the auspices of the Irish Tyre Industry Association (ITIA) and included discussions with other stakeholders including farming organisations. The Regulations were published in draft in March 2007 for public consultation. This resulted in the development of a Producer Responsibility Initiative (PRI). The Regulations facilitate the comparison of quantities of waste tyres arising with the amounts placed on the market and tracking the movement of waste tyres from the time they are discarded until they are either reused or processed for recycling.

As is the normal practice with PRIs, these Regulations place a number of obligations on economic stakeholders who have the option of either self complying or participating in an approved industry compliance scheme which takes on the administrative burden associated with self compliance.

I am aware that some economic stakeholders have concerns with the implementation of the Regulations. This is normal in the early stages of any PRI and my Department is, available to meet economic stakeholders who have such concerns. Nevertheless, all economic stakeholders are expected to comply with the Regulations and I have advised the tyre industry that enforcement, which is the function of local authorities, will be applied rigorously.

Water and Sewerage Schemes.

Caoimhghín Ó Caoláin

Ceist:

663 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government when the first comprehensive preliminary report and the original first costings were received by his Department for the sewerage schemes in Glenties, Dungloe, Gweedore, and Burtonport, County Donegal. [14570/08]

The information requested is set out in the following Table:

Sewerage Scheme

Date of Receipt of Original Preliminary Report

Original Estimated Cost

Glenties

November 2006

3,075,000

Dungloe

November 2006

4,603,000

Gweedore

September 2000

12,791,000

Burtonport

April 2002

3,690,000

Local Authority Staff.

Aengus Ó Snodaigh

Ceist:

664 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government the reason his Department is preventing Fingal County Council from employing additional housing maintenance inspectors to address the long waiting list of applicants with disabilities who are seeking to have adaptions done to their houses in this council area; and if he will make a statement on the matter. [14522/08]

The allocation within local authorities of available staffing resources for the carrying out of specific functions is a matter for the City or County Manager concerned under Section 159 of the Local Government Act 2001.

While this is therefore a matter in which I have no direct function, my Department is currently reviewing the overall employment position in the local government sector, in consultation as appropriate with the Department of Finance, having regard to the need to deliver front line services and achieve value for money within the parameters of Government policy on public service employment generally.

Electoral Boundary Review.

Aengus Ó Snodaigh

Ceist:

665 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government when is it intended to publish the report of the local electoral boundary review being carried out by the commission he set up early in 2008; and if he will make a statement on the matter. [14523/08]

On 8 January 2008, I announced that I had established two boundary committees to review local electoral areas. The committees are required to report as soon as possible and, in any event, not later than 20 June 2008. The committees' website is www.electoralareacommittees.ie.

Water and Sewerage Schemes.

Willie Penrose

Ceist:

666 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government when Longford County Council will be allowed to proceed to the contract document stage to enable them to provide a much needed sewerage scheme (details supplied) in County Longford, as the sewerage scheme is totally inadequate to cater for the population of the area; if he will take steps to have same expedited; and if he will make a statement on the matter. [14563/08]

The Kenagh and Legan Sewerage Scheme was ranked fourth on the list of water and sewerage schemes submitted by Longford County Council in response to my Department's request to local authorities in 2006 to undertake fresh assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of these assessments. The priority lists were taken into account in preparing the Water Services Investment Programme 2007-2009 which I published in September 2007 and which is available in the Oireachtas Library. Given the level of competing demand for available funding and the priorities identified by the elected members of Longford County Council, I regret that it was not possible to include the Kenagh and Legan Scheme in the current Programme.

Question No. 667 answered with Question No. 623.

Housing Aid for the Elderly.

Michael Ring

Ceist:

668 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the grant available to people over the age of 65 years for the provision of pumped cavity insulation to make their home more energy efficient; if this is covered under the housing aid for older people scheme; and if he will make a statement on the matter. [14608/08]

The Housing Aid for Older People Scheme, which is administered by local authorities, provides targeted support to improve conditions in the existing housing of older people. The types of works which may be grant aided under the Scheme are varied and may include the provision of insulation works. Under the Scheme, it is a matter for the local authority concerned to determine the types of works which are reasonably necessary for the proper accommodation of individual applicants.

In addition, older people living in local authority housing may benefit from the central heating programme introduced by my Department in July 2004. The programme assists local authorities in providing central heating facilities in their rented dwellings and, where necessary, in implementing measures to ensure the energy efficiency of the dwelling.

Through the Remedial Works Scheme and funding for regeneration and redevelopment projects, my Department also financially assists local authorities in upgrading, renovating and re-developing their housing stock. Works under the Remedial Works Scheme must comply with Building Regulations and where an extensive programme of refurbishment is carried out, measures are taken to improve thermal insulation accordingly.

Sustainable Energy Ireland, under the auspices of the Department of Communications, Energy and Natural Resources, operates a Low Income Housing Programme, set up to help establish and implement a national plan of action to address the problem of fuel poverty. Core delivery is through the Warmer Homes Scheme, which aims at improving the energy efficiency and comfort conditions of homes occupied by low-income households, and at establishing the systems and growing the capacity in Ireland to install measures including attic insulation, draught proofing, lagging jackets, energy efficient lighting, and cavity wall insulation, and to provide energy advice.

Toghcháin Údarás na Gaeltachta.

Aengus Ó Snodaigh

Ceist:

669 D’fhiafraigh Deputy Aengus Ó Snodaigh den Aire Comhshaoil, Oidhreachta agus Rialtais Áitiúil an bhfuil sé i gceist amach anseo toghcháin Údarás na Gaeltachta a chur ar an lá céanna le toghcháin chomhairláitiúla eile agus toghcháin an Aontais Eorpaigh agus an féidir ráiteas a dhéanamh faoin gceist seo. [14524/08]

Cé nach bhfuil aon chinneadh foirmiúil tógtha faoin ábhar seo, bhéinn ag súil, ar an dul chéanna le h-ócáidí eile, go mbeadh vótaíocht do Pharlaimint na hEorpa agus do na toghcháin áitiúla ar siúl ar an lá chéanna i 2009. Is faoin Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta atá sé cinneadh a ghlacadh i leith toghcháin Údarás na Gaeltachta.

Housing Grants.

Niall Collins

Ceist:

670 Deputy Niall Collins asked the Minister for Communications, Energy and Natural Resources if grant aid is available to convert solid fuel heating to an oil fired system; and if he will make a statement on the matter. [14867/08]

The Greener Homes Scheme, which is administered by Sustainable Energy Ireland (SEI) on behalf of my Department, provides support to homeowners to invest in a range of domestic renewable energy heat technologies including solar panels, biomass boilers and stoves and heat pumps. There is no grant aid available for the conversion of solid fuel heating to an oil fired system as this would be against the ethos of the Greener Homes Scheme.

River Weirs.

Sean Sherlock

Ceist:

671 Deputy Seán Sherlock asked the Minister for Communications, Energy and Natural Resources if he will clarify plans for the proposed lowering of the weir in Fermoy, County Cork; if a timetable has been established for the work; and if he will make a statement on the matter. [14875/08]

In July 2006, the Minister of State at the Department of Communications, Marine and Natural Resources issued a direction under the Fisheries (Consolidation) Act 1959 to Fermoy Town Council, the owners of the weir, to carry out alterations to the Fermoy weir to allow for the free passage of fish while mitigating the impact on rowing activities.

This direction issued in the interests of conserving and protecting the wild salmon resource and in order to avoid the initiation of infringement proceedings by the EU Commission under the Habitats Directive.

An engineering report commissioned by the Department recognised that complete removal of the Fermoy weir would have a significant impact on rowing activities in the area. In recognition of these constraints, the report recommended that a section of the weir upstream from the Fermoy bridge be lowered and that a rock ramp fish pass be installed in the lowered weir to enable the free passage of all migratory species.

Departmental Funding.

Paul Kehoe

Ceist:

672 Deputy Paul Kehoe asked the Minister for Communications, Energy and Natural Resources if there will be funding available to Sustainable Energy Ireland to continue to provide support to community based organisations who are currently running the warmer homes scheme; when groups will receive confirmation of the amount of funding they will receive; and if he will make a statement on the matter. [14939/08]

I have provided funding of €2.5 million to the Warmer Homes Scheme in 2008. There are 17 active community based organisations currently involved in the Warmer Homes Scheme of which 16 have current fund agreements in place for 2008. All current fund agreements are for periods up to 12 months and most will be seeking renewal of agreements in late summer.

The estimated number of low income households to be assisted in 2008 is 4,000. My Department is keeping the 2008 funding for Warmer Homes under review in consultation with Sustainable Energy Ireland, in light of expenditure trends and level of demand.

Salmon Fishing Licences.

Michael Ring

Ceist:

673 Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources the number of licences for the fishing of salmon by draft net which issued relevant to County Mayo in the years 2005, 2006, 2007 and to date in 2008; the names and addresses of the holders of said licences for 2005, 2006, 2007 and to date in 2008; the names of the several fisheries or other areas in County Mayo, in respect of which licences for the fishing of salmon by draft net issued for the years 2005, 2006, 2007 and to date in 2008; the names and address of the several fisheries or other areas in County Mayo, in respect of which licences for the fishing of salmon by draft net traditionally issued affected by closure orders prohibiting or restricting the fishing of salmon by draft net or otherwise consequent upon the recent conservation measure introduced by the Government; and the criteria in respect of areas in County Mayo affected by closure orders prohibiting draft net fishing for salmon, applied to determining the making of said closure orders. [13846/08]

My function in the matter of allocating salmon fishing licences is, under the Control of Fishing for Salmon Order, limited to authorising the issue of commercial fishing licences by regional fisheries boards, setting out the criteria under which those licences may be issued and prescribing the maximum number of commercial licences which may be issued by regional boards.

The maximum number of draft net licences which may be issued for the years 2005 to 2008 in the fishery districts in County Mayo are as follows:

Fishing District

2005/2006

2007

2008

Ballina

3

0

0

Bangor*

28

25

26

Ballinakill

17

17

17

*includes 25 draft (special tidal waters) licences.

The issue of licences is a day-to-day operational matter for each of the regional fisheries boards. The names and addresses of holders of licences (or the several fisheries) are held by the relevant regional fisheries board and are subject to the Data Protection Act.

Details of the rivers open for the harvest of salmon in the fishery districts in County Mayo in 2008 are identified in the Wild Salmon and Sea Trout Tagging Scheme Regulations 2008, S.I. No. 98 of 2008. The rivers so identified reflect the recommendations of the Standing Scientific Committee of the National Salmon Commission and the fisheries managers and are based on appropriate scientific assessment. In each case that assessment confirms that the rivers meet their conservation limit and that an identifiable surplus has been specified that can be harvested in compliance with the constraints of the Habitats Directive.

Alternative Energy Projects.

Rory O'Hanlon

Ceist:

674 Deputy Rory O’Hanlon asked the Minister for Communications, Energy and Natural Resources the position regarding payments or credits to private individuals who supply electricity produced from windmills to the national grid; and if he will make a statement on the matter. [13953/08]

I am firmly committed to the development of micro-generation in line with the Programme for Government and the Energy Policy White Paper to encourage the development of micro-scale suitable for use in the domestic context.

The vast majority of electricity meters currently installed in domestic houses cannot operate in reverse and are therefore incapable of crediting customers for electricity exported to the electricity network. Currently my Department is working closely with the Commission for Energy Regulation, Sustainable Energy Ireland (SEI), ESB Networks, ESB Customer Supply and the independent suppliers to roll out the smart-metering programme which, among other benefits, will be capable of measuring both electricity imported and consumed by consumers and electricity exported to the grid.

In November last year the CER issued new regulations which now facilitate the connection of micro-generation projects to the electricity grid. Yesterday at the Energy Show in the RDS, I launched a €2m SEI support programme for micro-generation which will see SEI initiate around 50 field trials of different micro-generation technologies this Summer as well as carrying out a number of technical and economic analyses in the sector.

Consultancy Contracts.

Olivia Mitchell

Ceist:

675 Deputy Olivia Mitchell asked the Minister for Communications, Energy and Natural Resources the consultants who carried out work for his Department or for any body under the auspices of his Department during 2007; if each consultant was an individual or a firm; the amount earned by each consultant in 2007; the basis of the calculation of same; the rate per hour, day, week, month or other period payable in each case; if in each case the consultant was engaged to prepare a report or to carry out work; if in the case of a report being prepared the report has been published; if not, when the report will be published; and if he will make a statement on the matter. [14100/08]

In the time available, it has not been possible to identify and assemble the information requested in respect of my Department. Consultancies undertaken by bodies under the aegis of my Department are a matter for the bodies in question and I have no responsibility for such consultancies.

My Department is compiling the data sought by the Deputy in respect of the Department and I shall forward it to her as soon as possible.

Telecommunications Services.

Dinny McGinley

Ceist:

676 Deputy Dinny McGinley asked the Minister for Communications, Energy and Natural Resources the position regarding the provision of broadband to an area (details supplied) in County Donegal; and if he will make a statement on the matter. [14187/08]

The provision of broadband services is, in the first instance, a matter for the private sector. Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg.

The role of the Government is to formulate regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services by competing private sector service providers.

The widespread provision of broadband services continues to be a priority for the Government. In that regard my Department has undertaken initiatives to address the gaps in broadband coverage. These include providing grant-aid under the recently concluded Group Broadband Scheme (GBS) and investment in Metropolitan Area Networks (MANs). Although broadband is now widely available in Ireland there are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. These areas are being addressed by the National Broadband Scheme (NBS), which will provide broadband services to areas that are currently unserved, including any unserved areas in County Donegal, and will ensure that all reasonable requests for broadband are met.

The first phase of the NBS procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four candidates pre-qualified to enter the next phase of the procurement process. Following the withdrawal of the IFA/Motorola Consortium as a candidate, the remaining three candidates have now commenced "Competitive Dialogue" with my Department and are developing their proposed solutions to meet my Department's requirements for the delivery of broadband to the unserved areas of the country. It is anticipated that a preferred bidder will be selected and appointed in July 2008, with rollout to commence as soon as possible thereafter.

Postal Codes.

Lucinda Creighton

Ceist:

677 Deputy Lucinda Creighton asked the Minister for Communications, Energy and Natural Resources the stage that has been reached in the introduction of postal codes; if these codes will be alpha-numeric or numeric; and if he will make a statement on the matter. [14573/08]

The National Postcode Project Board (NPPB) 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, promotion and maintenance plan. The proposal of the NPPB was to proceed with an alpha-numeric postal sector postcode model.

A proposal concerning the introduction of postcodes went to Government in May 2007 and Government decided that, prior to the introduction of postcodes, further analysis to quantify the wider economic and societal benefits should be carried out. My Department is currently carrying out this analysis, in order to establish the wider costs and benefits. This work will be completed shortly, on consideration of this analysis it would be my intention to revert to Government on the issue.

Alternative Energy Projects.

Martin Ferris

Ceist:

678 Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources if he is familiar with the Stein gasification process; and his views on whether he believes whether it might be a viable means of creating energy from waste. [14681/08]

The Stein gasification process is one technology option available to developers in the waste to energy sector.

The Stein gasification process would appear to be capable of harnessing energy from waste on a large scale. However any such programme must be compliant with the national waste management requirements including compliance with the waste management hierarchy in the first instance. Depending on the precise proposal a plant harnessing waste may require a license from the EPA and compliance with the requirements of the Waste Incineration Directive (2000/76/EC), which deals also with exhaust gas clean-up requirements.

The use of any particular waste-to-energy process is a commercial decision for individual companies in the first instance.

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