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Dáil Éireann díospóireacht -
Tuesday, 16 Dec 2008

Vol. 670 No. 4

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 8, inclusive, answered orally.
Questions Nos. 9 to 66, inclusive, resubmitted.
Questions Nos. 67 to 72, inclusive, answered orally.

Cancer Screening Programme.

Michael D. Higgins

Ceist:

73 Deputy Michael D. Higgins asked the Minister for Health and Children when she will introduce a cervical cancer vaccine programme for schoolgirls; if she has had further discussions on the cost and feasibility of introducing the scheme in Autumn 2009; and if she will make a statement on the matter. [45502/08]

As I have already indicated, I accept fully the expert advice provided to me in support of the introduction of a cervical cancer vaccination programme. However, I also have a responsibility as Minister to consider this and many other competing priorities within the overall resources available to the health services. My immediate responsibility in relation to cervical cancer is to women who have already been exposed to HPV and who may already have precancerous changes or undetected cervical cancer. Vaccination is a long-term investment which will deliver improved health outcomes and treatment savings in 15 to 30 years. All of the clinical advice available to me indicates that the national roll-out of a cervical screening programme should be my number one priority. The National Cervical Screening Programme, CervicalCheck, is being implemented with effect from September of this year. The full year cost of this programme is €35m.

In relation to the cost of the vaccine, it is a matter for the Health Service Executive to go through the normal procurement procedures to select an appropriate supplier who can make the vaccine available at the most advantageous price. The actual purchase price in Ireland can only be established when the HSE has completed the procurement process. I have no role in the procurement process.

I am fully committed to keeping the introduction of a HPV vaccination programme under active review as we proceed to implement the National Cancer Programme.

Hospital Services.

Pat Breen

Ceist:

74 Deputy Pat Breen asked the Minister for Health and Children if she will have the Strategic Review of Neurology and Clinical Neurophysiology Services, carried out by the Health Service Executive and completed in 2007, published; and if she will make a statement on the matter. [45588/08]

I have identified the development of neurology services as a policy priority for some time. I allocated additional revenue funding of €7m to the HSE in 2006 and 2007 for the development of services in the area of neurosciences, which comprises neurology, neurophysiology and neurosurgery.

This investment has helped to increase substantially the number of approved consultant neurology posts. There are now 24 such posts, an increase of 10 since 2003. In addition, there are currently 7 approved consultant clinical neurophysiologist posts, an increase of 4 approved posts since 2003. The HSE has set aside extra revenue funding of €850,000 in 2009 to support the further development of neurosciences.

The HSE has undertaken a national review of Neurology Services to improve integration of services and optimise patient outcomes. It took particular account of likely future levels of demand and rapid technological advances in the area. The review was completed some time ago and submitted to the National Hospitals Office. Following consideration of the report, the HSE decided to seek an external expert opinion on the model of care proposed to ensure that the recommendations were properly aligned with the HSE Transformation Programme. The expert panel expects to conclude its work within the next three months after which time the HSE can proceed to the implementation phase and arrange for publication.

Nutritional Supplements.

Kathleen Lynch

Ceist:

75 Deputy Kathleen Lynch asked the Minister for Health and Children if new guidelines on the prescribing of nutritional supplements have been finalised; the consultation that has been undertaken on this matter with the dietetics and human nutrition profession; and if she will make a statement on the matter. [45505/08]

Clinical nutritional products cost the HSE €46 million a year, over €27 million of which is spent on oral nutritional products. Clinical nutritional products include oral nutritional supplements as well as tube feeds, products for metabolic conditions and gluten free foods. The types of oral nutritional supplements most commonly prescribed in the community are ready-made drinks called ‘sip feeds'. Audits suggest that up to 50% of prescribed oral nutritional supplements may not be consumed by patients.

The HSE are taking steps to reduce the wastage and inappropriate prescribing of these products while ensuring that patients can access them as required. Savings of €10 million are expected in 2009; €7 million by reducing wastage and inappropriate prescribing and €3 million from competitive tendering arrangements for agreed non-drug items where appropriate.

An initial guidance document has been developed by the HSE and will be circulated in January to prescribers. The HSE will develop a more substantial information pack early in the new year. Further educational initiatives are anticipated in 2009.

The HSE met separately with both the professional body of dieticians, the Irish Nutrition and Dietetic Institute, and representatives of the human nutrition industry in the past fortnight. The Executive will work with all relevant stakeholders in the coming months to develop a more substantive support pack for GPs, which will enable more targeting prescribing of these products in 2009.

Cancer Screening Programme.

Michael D. Higgins

Ceist:

76 Deputy Michael D. Higgins asked the Minister for Health and Children if she will confirm that money has been allocated to commence the process of establishing a bowel cancer screening programme to be rolled out in 2010; the money that has been allocated in Budget 2009 for this preparatory work; and if she will make a statement on the matter. [45503/08]

The 2009 budget for the National Cancer Screening Service is being considered at present and the question of funding for colorectal screening will be examined in that context.

The Service established an Expert Group on Colorectal Screening to prepare advice on the introduction of a national colorectal cancer programme, specifically on the population to be screened, at what intervals screening should take place, the type of test required and the requirements for a quality assured and well organised cost effective symptomatic service. The report of the Expert Group was submitted to me last week.

The Service has also requested the Health Information & Quality Authority to conduct a Health Technology Assessment on a colorectal screening programme. I expect this to be completed early next year, at which stage I will consider the matter further.

Question No. 77 answered with Question No. 72.

Hospital Staff.

Enda Kenny

Ceist:

78 Deputy Enda Kenny asked the Minister for Health and Children if she is satisfied that the new consultants’ contract sufficiently deals with issues of consultant work practices in co-located hospitals or if she expects that the contract will have to be renegotiated to deal with this; and if she will make a statement on the matter. [45639/08]

The Deputy will be aware that new contractual arrangements for medical consultants were agreed with their representative organisations earlier this year following more than four years of protracted negotiations. I am satisfied with the provisions in the contract dealing with consultants working in co-located hospitals and I have no plans to renegotiate any aspect of the contract. However, in accordance with the recommendation of Mr Mark Connaughton SC, independent chairman of the consultant contract talks, discussions will take place between health service employers and the consultants representative organisations on the practical issues arising from co-location, when appropriate.

The entitlement of consultants to engage in private practice in co-located hospitals is dependent on their contract type. Consultants with Type A contracts will not engage in any private practice. Consultants who hold types B, B* and C contracts may engage in private practice in co-located hospitals up to a maximum of 20% of total clinical throughput (30% for existing consultants).

Under the contract the ratio of public to private practice will be implemented through the Clinical Directorate structure and the implementation of this ratio will be the subject of audit, including audit by my Department.

Clinical Directors will have a pivotal role in monitoring compliance by individual consultants with the ratio of public to private practice stipulated in their contracts, taking corrective action if the private practice limit is being exceeded.

The new contract also provides for the introduction of Clinical Directorate Service Plans. These will cover the organisation and delivery of front-line services and will incorporate individual consultant's work schedules. In developing the Directorate Service Plan, the Clinical Director will determine the monthly work schedule for consultants and how each consultant's commitment will be discharged to achieve the planned level of output.

Nursing Homes Repayment Scheme.

Noel Coonan

Ceist:

79 Deputy Noel J. Coonan asked the Minister for Health and Children her views on whether it is acceptable that appellants of the nursing home repayment scheme have to wait more than six months for a decision on their appeal; if she will see that priority is given to elderly people who are alive and in need of the money; and if she will make a statement on the matter. [45602/08]

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.

Up to 5 December 2008, the Appeals Office had received just over 5,000 appeals. Decisions have issued in 2,614 cases and a further 740 appeals have been withdrawn.

The decisions issued have upheld the earlier decision of the Scheme Administrator in 2,188 cases, resulted in claimants being deemed eligible under the Scheme in 235 cases, and resulted in an increased offer in 191 cases.

The Appeals Office must investigate each appeal independently. These investigations can require additional reviews by the HSE and the Scheme Administrator. In many cases, the appellants have asked for an oral hearing with an Appeals Officer.

However, I am anxious to ensure that all appeals are dealt with as quickly as possible. To that end, a second Appeals Officer was appointed in September 2008 and the need for additional Appeals Officers will be kept under review.

The Appeals Officers are committed to prioritising the determination of appeals against decisions of the Scheme Administrator which concern amounts due and, in particular, those lodged by or on behalf of living patients.

The following amended reply was received on 10 February 2009:

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.

Up to 5 December 2008, the Appeals Office had received just over 5,000 appeals. Decisions have issued in 2,614 cases and a further 740 appeals have been withdrawn.

The decisions issued have upheld the earlier decision of the Scheme Administrator in 2,188 cases, resulted in claimants being deemed eligible under the Scheme in 235 cases, and resulted in an amended offer in 191 cases. Of these amended offers 163 have resulted in an increased offer and 28 have resulted in a decreased offer to claimants.

The Appeals Office must investigate each appeal independently. These investigations can require additional reviews by the HSE and the Scheme Administrator. In many cases, the appellants have asked for an oral hearing with an Appeals Officer.

However, I am anxious to ensure that all appeals are dealt with as quickly as possible. To that end, a second Appeals Officer was appointed in September 2008 and the need for additional Appeals Officers will be kept under review.

The Appeals Officers are committed to prioritising the determination of appeals against decisions of the Scheme Administrator which concern amounts due and, in particular, those lodged by or on behalf of living patients.

Question No. 80 answered with Question No. 72.

Health Service Staff.

Joe McHugh

Ceist:

81 Deputy Joe McHugh asked the Minister for Health and Children the position regarding the proposed voluntary retirement scheme for Health Service Executive staff; and if she will make a statement on the matter. [45645/08]

In July of this year the Government decided that a targeted voluntary redundancy/early retirement scheme would be introduced for the HSE. This was reaffirmed by the Minister for Finance in his Budget Statement of 14 October.

More recently, on Wednesday 26 November, the Taoiseach and the Minister for Finance announced a series of measures aimed at transforming the public service. These included the establishment of a Special Group on Public Sector Numbers and Expenditure. One of the core objectives of this Group will be to identify and report on the scope for reducing public service numbers. The Group is to report regularly to the Minister for Finance with a final report due by end-June 2009.

I have previously made it clear that a managed voluntary redundancy scheme will have an important role to play in helping to improve the delivery of health services to patients by streamlining management and administration within the HSE.

The scheme will focus initially on surplus senior and middle management staff but will, as appropriate, be extended to other staff working in corporate, hospital and community services.

It will, for example, support the development of shared services in functions such as financial, management, payroll, human resources and procurement. It has been estimated by some of the Dublin hospitals that the elimination of duplication in areas such as these would lead to efficiencies of between 10% — 20% in administration costs. The Task Force on the Public Service also highlighted the potential of shared services to improve both value for money and standards of service to the public.

The development of primary care teams provides further opportunities to reduce the levels of administration and to facilitate more clinician to clinician engagement about the care of patients.

Work in ongoing at present within the HSE, my Department and the Department of Finance to examine the parameters of a voluntary redundancy scheme/early retirement scheme. This will include a business case for the numbers and grades to be covered along with an indication of its expected scale and timing.

Mental Health Services.

Ciaran Lynch

Ceist:

82 Deputy Ciarán Lynch asked the Minister for Health and Children if she has received the detailed implementation plan for 2009 in relation to A Vision for Change; the funding ringfenced for this purpose; and if she will make a statement on the matter. [45504/08]

The HSE's implementation plan for a Vision for Change for the period 2000-2013 is currently being finalised.

I would emphasise, however, that implementation of the recommendations in A Vision for Change is dependent to a much greater extent on the remodelling of existing resources than on new additional funds.

Instead of focusing on inputs, such as extra funding and extra staff, we need to concentrate on making better use of the existing resources being devoted to health services, including mental health services. We need to define the type of outcomes we want to achieve such as achieving the best possible recovery for individuals with mental health problems. We then need to identify the outputs which will best deliver these outcomes such as more community based mental health services which build on the supports available from family and friends. It is against this background that A Vision for Change recommends, for example, the closure of all psychiatric hospitals and the reinvestment of the resources released by these closures in community mental health services.

My Department will continue to work with the HSE to provide the best possible services to people with mental health problems within whatever resources are made available by the Government each year.

Medical Cards.

Eamon Gilmore

Ceist:

83 Deputy Eamon Gilmore asked the Minister for Health and Children when she expects to be able to implement the promises in the programme for Government on increasing the threshold for qualification in respect of parents of children under six years and parents of children with an intellectual disability under 18 years of age; and if she will make a statement on the matter. [45511/08]

In conjunction with the development of a new legislative framework to provide for clear statutory provisions on eligibility for health and personal social services, my Department is currently reviewing the assessment criteria for medical cards in the context of financial, medical and social need in line with the commitment in Towards 2016. A Steering Group has been established to undertake this review and is expected to complete its work and report to me within the next few months. Upon completion of this report, it is my intention to then consider how best to progress the commitments in the Programme for Government in relation to medical card eligibility.

Hospital Accommodation.

Bernard J. Durkan

Ceist:

84 Deputy Bernard J. Durkan asked the Minister for Health and Children if she is satisfied that sufficient bed accommodation at all hospitals throughout the country will be provided to meet expected requirements over the winter period; and if she will make a statement on the matter. [45562/08]

The Health Service Executive is constantly working to ensure that sufficient bed capacity is available in the acute hospital system.

Findings from a recent second National Bed Utilisation Review indicate some improvements with regard to bed utilisation in hospitals during 2008. However, there is still significant scope to improve the way in which beds in the acute hospital system are managed. The Review shows a slight reduction in the number of patients admitted who could have been cared for elsewhere (13% down to 12%). There has been a more significant reduction in the number who could have been cared for in an alternative care setting (down from 39% to 34%). There has been a significant increase reported in the number of elective surgical patients admitted on the day of surgery (up from 25% to 41%). While there was an 8% increase in evidence of discharge planning, there has been no change in predicted dates of discharge.

Hospitals need to improve their admission and discharge processes to ensure that people are appropriately admitted and that their care is efficiently managed both during their hospital stay and their follow up care in the community. Each patient should have an expected date of discharge within 24 hours of admission, patients need to be discharged in a more proactive manner at weekends and communication between the hospital system and primary care services needs to be improved. These measures are reflected in a new Code of Practice on Discharge Planning which has been issued by the HSE with a view to effecting further improvements in overall bed utilisation.

As part of the HSE Winter Initiative, hospital managers have been asked to develop an action plan to reduce the average length of stay in hospital of patients, based on the findings of the Bed Utilisation Study and to increase the rate of day surgery in line with best international practice.

The HSE is also increasing long-stay capacity to free up beds in acute hospitals over the Winter period. By the end of this year, 279 additional long-stay beds will have been made available to patients. A further 503 new long-stay beds will be provided in 2009. In addition, in early 2009 the HSE will provide 245 additional contract beds to alleviate delayed discharges pressure on the acute hospital system.

General Medical Services Scheme.

Andrew Doyle

Ceist:

85 Deputy Andrew Doyle asked the Minister for Health and Children when she will publish the finding of the group report, chaired by Dr Michael Barry, to achieve cost savings in the prescribing of drugs and medicines under the GMS; the impact this will have on cost-saving oral nutritional supplements; and if she will make a statement on the matter. [45619/08]

Ruairí Quinn

Ceist:

108 Deputy Ruairí Quinn asked the Minister for Health and Children if discussions have been held with doctors’ representatives on the use of generic drugs in view of recommendations (details supplied); if the user of more generic drugs in hospitals will also be pursued; and if she will make a statement on the matter. [45509/08]

I propose to take Questions Nos. 85 and 108 together.

Three representatives from the Irish Medical Organisation were appointed to the group established under the chairmanship of Dr. Michael Barry to develop recommendations for good practice which aim to secure safe and effective prescribing for patients while maximising the potential for economy in the use of public funds.

Hospital prescribing and the use of oral nutritional supplements, amongst other matters, were considered as part of the process.

I have received the report from Dr. Barry, and I am having it examined in my Department. It is my intention to publish the report on completion of this examination.

Health Service Expenditure.

Róisín Shortall

Ceist:

86 Deputy Róisín Shortall asked the Minister for Health and Children her views on the recent report of the Committee of Public Accounts on aspects of the delivery of health services; if she will, in particular, ensure more transparency in the operations of the National Treatment Purchase Fund in order that its value for money can be properly assessed; and if she will make a statement on the matter. [45500/08]

I welcome the Third Interim Report on the 2006 Report of the Comptroller and Auditor General — Expenditure on Health Services — recently published by the Committee of Public Accounts. A number of the Report's recommendations relating to matters such as the hospital consultants' contract, the HSE's utilisation of assets and its financial management systems are already the subject of action by my Department, the HSE or other relevant bodies. The other recommendations will be the subject of examination and follow-up as appropriate.

The Report commented on certain aspects of the operation of the National Treatment Purchase Fund (NTPF), including value for money. The Fund compares the prices which it pays with treatment costs in public hospitals and, where known, the prices being paid by health insurers to private hospitals. The financial statements of the Fund are subject to audit by the Office of the Comptroller and Auditor General (C&AG) on an annual basis. The Committee of Public Accounts noted that the C&AG has access to information (which cannot be disclosed publicly because it is commercially sensitive) about the prices paid by the NTPF for procedures undertaken in private hospitals. The Committee noted also that the C&AG has agreed to carry out a review of these areas as part of his continuing audit of the NTPF's expenditure.

I am committed to ensuring that the NTPF achieves maximum value for money so that as many public patients as possible can benefit from treatment through the Fund. This issue will therefore continue to be the subject of attention in the context of my Department's oversight and monitoring role in relation to the NTPF.

Ambulance Service.

Denis Naughten

Ceist:

87 Deputy Denis Naughten asked the Minister for Health and Children the steps she will take to ensure adequate ambulance cover at the three ambulance bases serving County Roscommon; if her attention has been drawn to the recent concerns expressed regarding the lack of adequate cover; and if she will make a statement on the matter. [45399/08]

The HSE's National Ambulance Service directs its resources to those areas where the need is greatest at any given time. This principle also applies within the HSE West region. To ensure the highest-quality emergency ambulance service when ambulance personnel are absent from duty for reasons such as sick leave, annual leave or for training purposes, service delivery across the region draws on the full range of ambulance resources.

Ambulance services for County Roscommon are provided primarily by ambulances from Boyle, Roscommon town and Ballinasloe. These stations are, when necessary, supported by the deployment of crews based in Carrick-on-Shannon, Longford, Athlone and Loughrea and Donegal. In addition, some stations with low volume call-outs may be covered from another station.

Medical Cards.

Mary Upton

Ceist:

88 Deputy Mary Upton asked the Minister for Health and Children the plans in place to provide funding in 2009 for the expected increase in the number of people and families who will qualify for a medical card due to the downturn in the economy and growing rate of unemployment; and if she will make a statement on the matter. [45517/08]

The Health Service Executive has projected that the number of persons covered by medical cards will increase to 1,423,830 and GP visit cards to 142,148 (total 1,565,978) in 2009 and it is making a total provision of €1.888 billion in 2009 for this purpose. These projections and this provision are subject to review in the light of the latest emerging relevant information.

Long-Term Illness Scheme.

Jan O'Sullivan

Ceist:

89 Deputy Jan O’Sullivan asked the Minister for Health and Children if there have been changes made in the operation of the long-term illness scheme; if those who hold a long-term illness book are required to go to their general practitioners on a monthly basis for a prescription for the medication they require in relation to their long-term illness and to subsequently have this prescription filled by their pharmacist; her views on whether such a change would cost time and money to the health services; and if she will make a statement on the matter. [45490/08]

There have been no changes to the operation of the Long-Term Illness (LTI) Scheme. Under the scheme, people with one or more of a list of specified long-term illnesses are entitled to obtain, without charge, and irrespective of income, necessary medicines and/or appliances for the treatment of that illness.

Some people who are eligible for the Long-Term Illness Scheme also hold a medical card, which means that they are entitled to access all their medications free of charge rather than just those required for the treatment of the long-term illness. In these instances, patients are expected to use the most cost-efficient way to access their medication needs, i.e. on a GMS prescription. Medication obtained with a GMS prescription is reimbursed by the HSE at the ingredient cost plus a dispensing fee, whereas medication obtained with an LTI prescription is reimbursed at the ingredient cost plus a 50% retail markup.

A GMS prescription can be repeated for a period of three months. Medical card holders do not incur any cost by returning to the GP for a new prescription, if necessary, every three months. As GPs are paid an annual capitation fee for medical card patients, no additional cost is incurred by the HSE.

In the case of persons eligible under the LTI scheme who do not hold a medical card, any prescription by their GP remains valid for a maximum of six months.

Hospital Services.

Arthur Morgan

Ceist:

90 Deputy Arthur Morgan asked the Minister for Health and Children the timetable for the implementation of the transformation plan for hospital services in the north east region; and if she will make a statement on the matter. [45575/08]

The immediate focus of the North East Transformation Programme is to have acute and complex care concentrated on two hospital sites and to ensure that services in the region are organised to optimise patient safety.

Planned changes include the transfer of acute in-patient services from Monaghan to Cavan and the development of additional services at Monaghan. Specific measures need to be put in place prior to this transfer of acute care to Cavan General Hospital, including the establishment of a new Medical Assessment Unit at Cavan and significant enhancements to the ambulance and pre-hospital care service. The transfer which is scheduled for early next year will be formally announced once various dependencies are in place.

In Louth/Meath the immediate focus is on strengthening existing medical services, enhancing emergency department capacity, developing appropriate ambulance protocols, completing surgical reconfiguration, transferring acute services to Drogheda and providing additional community packages of care. The sequence and timing of these changes is subject to detailed planning by the HSE and will require significant engagement and extensive communication with stakeholders.

Dinny McGinley

Ceist:

91 Deputy Dinny McGinley asked the Minister for Health and Children if there are plans to establish a radiotherapy cancer treatment unit in the north west; the meetings held with her Northern Ireland counterpart to discuss this matter; when it is expected that such a centre will be established; the location of same; and if she will make a statement on the matter. [45437/08]

The Government decided in July 2005 that the best option for improving geographic access for patients in the North West to radiation oncology services in the short term was to facilitate access to Belfast City Hospital. It also decided to explore the scope in the medium term for developing a joint venture based on a satellite centre in the North West linked to Belfast City Hospital.

Cancer patients in the North West requiring radiation oncology treatment are referred to either St. Luke's Hospital Dublin or University College Hospital Galway. A Service Level Agreement is also in place for the referral of radiation oncology patients from Donegal to Belfast City Hospital.

In April this year, Minister Michael McGimpsey of the Department of Health, Social Services and Public Safety (DHSS&PS), Northern Ireland announced the provision of a satellite centre (linked to Belfast City Hospital) to be located in Altnagelvin. It will provide the additional radiotherapy capacity needed to meet an anticipated increase in cancer in Northern Ireland. It also recognises the potential for cross border co-operation in the development of this resource. Officials from my Department and their counterparts in Northern Ireland continue to hold discussions in this regard. I understand that this facility is expected to be operational by 2015.

General Practitioner Co-Operatives.

Dan Neville

Ceist:

92 Deputy Dan Neville asked the Minister for Health and Children the status of the primary care centre for Athlone, promised since 2004; the number of general practitioners contracted for this centre; and if she will make a statement on the matter. [45648/08]

As the Deputy's question relates to a service matter it has been referred to the HSE for direct reply.

Hospital Services.

John Perry

Ceist:

93 Deputy John Perry asked the Minister for Health and Children when she will publish the report commissioned to review maternity hospitals in Dublin; and if she will make a statement on the matter. [45658/08]

In May 2007 the HSE commissioned KPMG consultants to undertake an independent review of maternity and gynaecology services in the Greater Dublin area.

KPMG were asked to focus on four key areas:

to build on the strengths of the current service configuration and model of care;

to define the optimal configuration of maternity, gynaecology and neonatology services for the Greater Dublin Area;

to identify the optimal location of services; and

to provide a roadmap for the future, outlining the steps required to get from where the service is now to the vision for the future.

The review was informed by a detailed analysis of current service delivery, an extensive stakeholder interview programme and a series of workshops with a wide range of stakeholders. It also included international analysis of maternity and gynaecology service configurations and best practice models of care.

The Report was presented to the HSE Board for information on 13th November. The findings have also been presented to the Joint Standing Committee of the Dublin Maternity Hospitals and to the Chief Executive Officers of the Mater, St Vincent's and Tallaght Hospitals in the context of the recommendation in the Report that services at the three existing maternity hospitals should transfer to these sites. Representatives from the HSE also met with the Institute of Obstetricians and Gynaecologists to discuss the findings of the Report.

The HSE held a further feedback session recently with representatives of the maternity hospitals and the wider group of stakeholders who had engaged with KPMG during the review, including consumer groups. The report will be published on the HSE website shortly.

Thomas P. Broughan

Ceist:

94 Deputy Thomas P. Broughan asked the Minister for Health and Children if and when she will ensure that the same quality standards that are required of public hospitals are also applied to private hospitals; and if she will make a statement on the matter. [45488/08]

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 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.

HIQA has developed National Quality Standards in areas such as: Symptomatic Breast Disease Standards, National Hygiene Standards and National Standards for Infection Prevention and Control and have commenced work on the development of National Quality Standards for acute hospitals in the public acute hospital sector. In addition, there is already in existence extensive legislation governing the activities of healthcare professionals which includes those operating in the private sector.

In January 2007, as part of the Government's commitment to ensuring patient safety and quality in our health services, I established a Commission on Patient Safety and Quality Assurance to develop clear and practical recommendations to ensure that quality and safety of care for patients is paramount within the healthcare system. The Commission's Report — ‘Building a Culture of Patient Safety' — was published in August 2008.

The most significant recommendation of the report is the introduction of a licensing system for all health services providers both public and private and such a system should commence with application to the acute hospitals. I am currently considering the Commission's recommendations in detail and I intend to bring the report, together with a proposed implementation strategy, to Government soon.

Hospital Staff.

Joe Costello

Ceist:

95 Deputy Joe Costello asked the Minister for Health and Children the level of salary that has been agreed for medical consultants who also serve as professors in university medical schools; the way those salaries compare with those paid to professors in other disciplines; and if she will make a statement on the matter. [45493/08]

Arising from the successful conclusion of the Consultants' Contract negotiations earlier this year, the current salary scales applicable to newly appointed Academic Consultants are as follows:

Professor Type A Contract — €273,000 to €284,000

Professor Type B Contract — €255,000 to €265,000

Professor Type C Contract — €231,000 to €241,000

As part of their teaching commitment to a public hospital:

Type A contract holders will be remunerated solely by way of salary and may not engage in private practice;

Type B contract holders may engage in limited private practice on the public hospital campus (including in a co-located hospital);

Type C contract holders, who will be appointed in exceptional circumstances where there is a demonstrable benefit to the public health system, will be entitled to treat private patients outside the public hospital campus.

The Department of Education and Science has advised that the current salaries of professors in teaching institutions range from €117,000 to €159,000.

Academic Consultants have a teaching commitment to both public hospitals and universities. They also have a national leadership role in curriculum reform and development, research network co-ordination and administrative links in their particular field of specialisation.

Health Services.

Sean Sherlock

Ceist:

96 Deputy Seán Sherlock asked the Minister for Health and Children if a similar service to that offered by the Health Service Executive south that is the farm and rural area stress-line is in operation in other counties; and if she will make a statement on the matter. [43988/08]

Sean Sherlock

Ceist:

131 Deputy Seán Sherlock asked the Minister for Health and Children the number of calls per month recorded to the Health Service Executive southern area’s farm and rural stress helpline since January 2008; and if she will make a statement on the matter. [43987/08]

I propose to take Questions Nos. 96 and 131 together.

As this is a service matter it has been referred to the HSE for direct reply.

Hospital Services.

Alan Shatter

Ceist:

97 Deputy Alan Shatter asked the Minister for Health and Children if she will take the necessary steps to ensure that the Health Service Executive and all maternity hospitals in the State co-operate with parents who request the collection of cord blood upon the birth of a child for the purpose of storage; if her attention has been drawn to the fact that an association (details supplied) has ruled that cord blood banking should be discussed with all prospective parents; the reason the HSE and hospital management are refusing to co-operate with a company to carry out the procurement of cord blood here; if her attention has further been drawn to the potential of stem cell treatment derived from cord blood in the health service; and if she will make a statement on the matter. [45670/08]

Alan Shatter

Ceist:

195 Deputy Alan Shatter asked the Minister for Health and Children if she will take the necessary steps to ensure that the Health Service Executive, all maternity hospitals and hospitals with maternity units in the State co-operate with parents who request the collection of cord blood upon the birth of a child for the purpose of storage; if her attention has been drawn to the fact that the American Medical Association has ruled that cord blood banking should be discussed with all prospective parents; the reason the HSE and hospital managements are refusing to co-operate with a company (details supplied), the only company licensed by the Irish Medicines Board to carry out the procurement of cord blood here; if her attention has further been drawn to the potential of stem cell treatment derived from cord blood in the health service here; and if she will make a statement on the matter. [45729/08]

I propose to take Questions Nos. 97 and 195 together.

I am aware that research on the range of conditions which may be treated by stem cells is gathering pace and offers promise for the future. I am also aware that the association referred to in the Deputy's question recognises cord blood as useful for some therapeutic purposes. However, the Deputy may wish to note that the association in question does not recommend private banking of cord blood for low-risk families.

Access for the Irish population to cord blood is principally mediated through a network of national and international stem cell banks and registries which is facilitated by the Irish Blood Transfusion Service. These international banks, to which the Irish population have access, include stem cells sourced from cord blood. In addition, "directed" harvesting of cord blood for medically indicated and predetermined use is facilitated in HSE hospitals in collaboration with the Irish Blood Transfusion Service. The Irish Blood Transfusion Service is licensed for this purpose by the relevant competent authority, the Irish Medicines Board, and procurement of stem cells taken on their behalf at HSE operated or funded hospitals is indemnified by the Clinical Indemnity Scheme.

"Undirected" harvesting of cord blood stem cells is harvesting of cord blood stem cells at the time of birth for potential use in the future which is undetermined at the time of harvesting, including potential future applications not currently established. There is no public service for banking in this scenario. However, there is one private company operating in the Irish market which is authorised to offer this service to members of the public. While this company is licensed under appropriate legislation by the Irish Medicines Board for the procurement of stem cells, they may not themselves always undertake the actual procedure of harvesting the cord blood at the time of birth. Instead they have approached staff employed at hospitals operated or funded by the HSE to enter into a private contract with the commercial company to undertake harvesting on behalf of the company. The State Claims Agency, which provides an indemnity under the Clinical Indemnity Scheme to cover clinical risks in hospitals operated or funded by the HSE, considers that undirected harvesting does not come within the scope of the statutory definition of "professional medical services" as set out in the Order establishing the scheme. Their statement on the matter is publicly available.

At this point, the HSE has not issued a direction to hospitals or staff with regard to the undertaking of undirected harvesting of cord blood under contract with private companies. However, in response to enquiries, the position of the Clinical Indemnity Scheme has been indicated to hospital or staff.

The HSE is currently examining the issues surrounding the undirected harvesting of cord blood at hospitals operated or funded by the HSE to facilitate processing and banking by private companies under contract with patients. It will be corresponding with hospitals once this examination is complete. At the heart of this examination is the need for the HSE to ensure that evidence-based, safe, effective and high quality care is provided to patients and their families. However, it raises broader questions around the entry by staff employed at hospitals operated or funded by the HSE into private contracts with commercial companies to provide products or services not provided by the HSE itself.

Hospitals Building Programme.

Willie Penrose

Ceist:

98 Deputy Willie Penrose asked the Minister for Health and Children if she has had recent discussions on funding issues with the companies that have been selected to provide co-located private hospitals on public grounds; if they have identified problems on securing capital for such projects; and if she will make a statement on the matter. [45508/08]

The aim of the acute hospital co-location initiative is to make available 1,000 additional public acute hospital beds for public patients by transferring private activity, with some limited exceptions, from public acute hospitals to co-located private hospitals.

Significant progress has been made on the co-location initiative. The Board of the HSE has approved preferred bidder status for the development of co-located hospitals at Beaumont, Cork University, Limerick Regional, St James's, Sligo and Waterford Regional Hospitals. Project Agreements for the first four of these projects have been signed. Planning permission was granted by An Bord Pleanála for the Beaumont project in November 2008. The decision of An Bord Pleanála is awaited in the case of the Cork and Limerick projects, where planning has been granted and appealed. An application for planning permission in respect of the St James's project is expected to be made shortly. Preparatory work in relation to the Project Agreements for the two remaining projects is proceeding.

A tender in respect of Connolly Hospital has been received and is under consideration. Work is being undertaken to finalise the Invitation to Tender (ITT) for Tallaght Hospital.

It is a matter for each of the successful bidders to arrange to finance the projects in accordance with the terms of the relevant Project Agreement. Although it is certainly the case that the funding environment has changed radically in the last six months, in relation to both public and private sectors, the co-location initiative like other major projects has to deal with this. The successful bidders are working on the details of contractual terms with banks and other arrangers of finance in the very difficult and changed credit environment. I have not met the successful bidders to discuss the financing of the projects, as this is an operational matter. However the HSE is continuing to work with them to ensure that the co-located hospitals can be built and brought into operation as soon as possible, and that the goal of achieving new public acute bed capacity at value for money to the State is achieved.

Hospital Waiting Lists.

Jan O'Sullivan

Ceist:

99 Deputy Jan O’Sullivan asked the Minister for Health and Children her views on the proposals from a society (details supplied) which contain a number of practical measures to reduce the time public patients have to wait for colonoscopies, which include running clinics in the evenings and at weekends and employing extra expert staff; her further views on whether waiting times of up to nine months are acceptable; and if she will make a statement on the matter. [45485/08]

Patients who require colonoscopies are prioritised on the basis of information about their symptoms provided by their GP. Those where cancer is suspected are dealt with on an urgent basis. Accordingly, longer waiting times apply only to patients in which an urgent clinical need has not been identified by their GP.

Waiting times for colonoscopies have improved in the last 12 months but I accept there is need for further improvement. In the year to November 2008, there has been a reduction of two thirds in the number of patients waiting for longer than 12 months, and a 31% reduction in the overall number of patients waiting longer than three months. The pattern of lengthy waiting times is confined to a small number of hospitals.

I have discussed this with the CEO of the HSE who last month instructed all hospitals where patients are waiting over three months for a colonoscopy to refer these patients to the National Treatment Purchase Fund (NTPF). The NTPF has said that it will quickly arrange colonoscopies for patients who are referred to them and I expect to see a substantial improvement over a short period of time.

I have also informed the HSE that it will be required to report under Section 10 (2) of the Health Act 2004 on compliance with a target of 4 weeks for urgent colonoscopies from date of referral.

Services for People with Disabilities.

David Stanton

Ceist:

100 Deputy David Stanton asked the Minister for Health and Children the impact the deferral of the implementation of the Education for Persons with Special Educational Needs Act, 2004 will have on the implementation by her Department of Part 2 of the Disability Act, 2005 for children of school-going age; and if she will make a statement on the matter. [45570/08]

David Stanton

Ceist:

223 Deputy David Stanton asked the Minister for Health and Children if assessments are being carried out under the Disability Act 2005; if such assessments will continue to be carried out; and if she will make a statement on the matter. [46176/08]

I propose to take Questions Nos. 100 and 223 together.

The National Disability Strategy, which was launched in September 2004, provides for a framework of new supports for people with disabilities. Among the principal elements of the Strategy are both the Disability Act 2005 and the Education for Persons with Special Educational Needs (EPSEN) Act 2004.

The Disability Act 2005 remains the central component of the National Disability Strategy. Part 2 of the Act provides people with disabilities with an entitlement to:

an independent assessment of their health and education needs;

a statement of the services it is proposed to provide;

pursue a complaint through the HSE complaints process if necessary;

make an appeal to the independent Disability Appeals Officer.

Part 2 of the Disability Act 2005 commenced for children aged under 5 years with effect from 1 June 2007. This prioritisation reflects the importance of intervention early in life, which can have a significant impact on the disabling effects of a condition or impairment. In addition, a number of sections of the EPSEN Act 2004 have also been commenced, principally those establishing the National Council for Special Education and those promoting an inclusive approach to the education of children with special needs. Unlike the Disability Act, the EPSEN Act does not provide for phased commencement by age cohort. Consequently, the education sector must be in a position to provide the required services to all children before the relevant provisions are commenced.

At the end of November 2008, 3,508 applications for an assessment of need under the Disability Act 2005 have been received and have been completed or are in train by the HSE. This process will continue in respect of children under 5.

It had been intended to have the EPSEN Act fully implemented by 2010, and to commence Part 2 of the Disability Act 2005 for 5 to 18 year-olds in tandem and to extend the provisions to adults the following year. This would have required significant additional investment in 2009 and 2010 to prepare the education and health sectors for the operation of the legislation and to support the statutory processes that would be required. In the light of the current financial circumstances, it is unfortunately necessary to defer the implementation of the above legislation.

However, this does not in any way dilute the Government's commitment in the areas of disability and mental health. Deputies will be aware of the greatly increased funding base for disability and mental health services that has been built up over recent years. Additional monies amounting to more than €550 million have been allocated to the HSE, under the Multi-Annual Investment Programme, to continue to enhance and develop services to people with disabilities and mental health difficulties.

The Government further emphasised its commitment to children with disabilities by allocating an additional €20 million in the recent Budget for health and education services for children with special educational needs. €10 million of this allocation will be to the Health Service Executive for the provision of 125 additional therapy posts in the disability and mental health services, targeted at children of school-going age, and €10 million to the Department of Education and Science, to enable the services provided to children with special educational needs to be enhanced and strengthened.

The challenge facing us now is to use available resources to best effect in the period ahead. My Office for Disability and Mental Health will be actively working to improve coordination and cooperation between relevant Departments and agencies and to continue to achieve as much progress and service development as possible in the more constrained resource environment that now applies.

Pharmacy Services.

Dinny McGinley

Ceist:

101 Deputy Dinny McGinley asked the Minister for Health and Children if her attention has been drawn to the burden being placed on pharmacists throughout the country in having to pay a fee of €2,500 to have their premises registered with a group (details supplied) in view of the fact that the same registration in the United Kingdom and Northern Ireland can be obtained for less than €200; her views on reducing the fee to bring it in line with Northern Ireland; and if she will make a statement on the matter. [45465/08]

I commenced further sections of the Pharmacy Act 2007 on 28th November 2008. Among the sections commenced were those dealing with the setting up of a regulatory regime by the Pharmaceutical Society of Ireland for the registration of retail pharmacy businesses. Each retail pharmacy business will now have to meet certain minimum criteria regarding the facilities, storage and sale of medicinal products on their premises. Registration will be required on an annual basis and inspections can be carried out by the Society. The Society, has been, and continues to be, a self-financing body. These new functions will place additional costs on the Society and it is charging a fee of €2,500 for the registration of pharmacy businesses.

In arriving at a fee for retail pharmacy businesses, the Society engaged consultants to develop an evidence-based methodology for the determination of registration fees on a viable and sustainable self-financing basis. The process included a comparative analysis of comparable international pharmacy regulators. I am informed by the Society that the arrangements for registration in Northern Ireland and the UK are substantially different to what is being introduced here. In particular, the range of duties of regulatory bodies in the UK, in terms of statutory obligations and their role in public safety, is not as extensive as those required of the Society under the Pharmacy Act 2007. The UK is currently establishing an independent pharmacy regulator and once this regulator is in place, the situation in the UK in terms of regulation and funding of such, may change.

The Pharmaceutical Society of Ireland has undertaken to keep the fees for the registration of retail pharmacy businesses under review throughout 2009 and update me as to their appropriate level when submitting its 2010 fee submission. I would also point out that the main fees for registration of pharmacists and pharmaceutical assistants are not increasing for 2009.

Hospital Services.

Denis Naughten

Ceist:

102 Deputy Denis Naughten asked the Minister for Health and Children the timetable for the delivery of her commitment announced in July 2008 on the retention of services at Roscommon County Hospital; and if she will make a statement on the matter. [45398/08]

The Government is committed to ensuring the delivery of the best quality health services possible in an effective and efficient way. Ensuring patient safety is of paramount importance so that people can have confidence in the services and that the best possible patient outcomes can be achieved. It is essential that we prioritise patient safety and quality and that we organise and manage services accordingly. The priority is to provide safe services as close as possible to where people live.

In the past, Roscommon County Hospital and Portiuncula Hospital Ballinasloe have operated independently, with two consultant general surgeons in each hospital. The difficulties faced by Roscommon and Portiuncula in maintaining surgical services independently, and the need for closer co-operation between them, were highlighted by the former Comhairle na nOspidéal in March 2006. Advances in clinical care and ever-increasing levels of specialisation mean that the present model of care faces important practical difficulties, which must be addressed.

In the light of these factors, the best way of retaining and developing services at Roscommon and Portiuncula hospitals is for these hospitals to work closely together. The Health Service Executive has advised that it is proceeding with the proposal for a Joint Department of Surgery and Anaesthesia at Roscommon County Hospital and Portiuncula Hospital, Ballinasloe.

My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the detailed information sought provided directly to the Deputy.

Services for People with Disabilities.

David Stanton

Ceist:

103 Deputy David Stanton asked the Minister for Health and Children her policy in relation to assisted living supports for people with disabilities; the resources she has allocated to assisted living in 2008; and if she will make a statement on the matter. [45569/08]

Assisted living services are provided to people with disabilities in a number of ways, personal assistant services and home support services.

The personal assistant service involves the employment of personal assistants (PAs) to enable people with physical or sensory disability to live as independent a life as possible. The PA provides assistance at the direction of the person with the disability and may involve providing assistance with tasks of everyday living such as personal care, household tasks and outside the home, whether in a work or social situation, thus promoting choice and independence for the person with the disability. The PA works on a one to one basis, in the home and/or in the community, with a person with a physical or sensory disability, with the aim of assisting that person to achieve independence.

The Home Support service provides domestic and or personal care inputs at regular intervals on a weekly basis. It differs from the role of a PA in that it focuses more on the necessary domestic and personal care inputs of those based mainly in the home but can occasionally include community activities. Home supports can be provided through a dedicated home support service or through the generic home help service. Home supports can be an alternative to residential care, where support to individuals in daily living can avoid the need for full time residential services.

All assisted living services, including PA services and home support, is provided through voluntary agencies or through the HSE.

The assisted living service aims to:

facilitate appropriate and effective inclusion and participation in their local community; and

provide personal care when needed to facilitate community inclusion.

Services are accessed through an application process or through referrals from public health nurses or other community based staff. Individuals' needs are evaluated for the particular services and then decisions are made in relation to the allocation of resources. Resource allocation is determined by the needs of the individual, priorities and the level of resources available.

Under the Multi-Annual Investment Programme for people with a disability an additional 820,000 hours of PA/Home Support services has been put in place since 2005.

This year alone an additional €4.5m was allocated to provide 200,000 additional hours of PA/ Home support services.

The total level of assisted living service provided this year amounts to 3.2 million hours with a total cost of approximately €61m.

Hospitals Building Programme.

Aengus Ó Snodaigh

Ceist:

104 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if, in view of the further strains on Exchequer finances as highlighted in Revenue figures at the end of November 2008, it is still intended to proceed with the removal of the Central Mental Hospital from Dundrum and its co-location with the prison at Thornton Hall; and if she will make a statement on the matter. [45577/08]

I can confirm that it is proposed to proceed with the development of a new national forensic mental health facility at Thornton Hall, Co. Dublin. The cost of developing the new facility will be met from the proceeds of the sale of the existing Central Mental Hospital in Dundrum. Any excess funds will be used to fund other mental health service physical infrastructure such as intensive care rehabilitation units, in line with the recommendations of ‘A Vision for Change' — the Report of the Expert Group on Mental Health Policy.

I look forward to the development of the new hospital facility which will provide a therapeutic, forensic psychiatric service to the highest international standards in a purpose built building.

Health Services.

Liz McManus

Ceist:

105 Deputy Liz McManus asked the Minister for Health and Children when she expects hospice care to be available to the people of Wicklow; and if she will make a statement on the matter. [45497/08]

Brian O'Shea

Ceist:

125 Deputy Brian O’Shea asked the Minister for Health and Children if there will be a delay in the plans to provide a hospice in Waterford to serve the needs of the south east; the reason for this delay; if she will restore the original timeframe; and if she will make a statement on the matter. [45496/08]

I propose to take Questions Nos. 105 and 125 together.

The Specialist Palliative Care In-Patient Unit for Waterford is currently included in the Development Control Plan (D.C.P) for Waterford Regional Hospital, which is nearing completion. It is anticipated that the appointed architects will commence design of the Hospital D.C.P in January 2009. The Design Team and HSE Estates Management will continue to liaise closely with relevant key stakeholders in Palliative Care in finalising this plan.

Palliative Care Services in Wicklow are currently provided by a multidisciplinary team including General Practitioners, Public Health Nurses, Community Registered General Nurses, Health Care Assistants and Clinical Nurse Specialists in Palliative Care. The planning and delivery of palliative care services are a matter for the Health Service Executive.

The HSE recently advertised for vacant posts for the Community Palliative Care Nursing Service in Wicklow and it is hoped to fill these posts towards the end of January next. The Public Health Nursing Service dealing with palliative care in Wicklow links closely with Blackrock Hospice to enable clients avail of respite care/hospice care and day care. The future development of Palliative Care Services in Wicklow envisages a specialist hospice to be built in Wicklow to support patients in that area.

The HSE are currently developing a Five year Capital Plan for Specialist Palliative Care services which will include all proposed capital developments nationally. The timeframes and costings associated with each development, including Waterford, will be included and prioritised in the context of this Plan and in line with overall capital and non-capital resources available to the Executive.

I wish to stress that both of the proposed developments hope to be considered by the HSE in the context of its overall priorities for Palliative Care and in line with agreed capital revenue resources.

Obesity Levels.

Liz McManus

Ceist:

106 Deputy Liz McManus asked the Minister for Health and Children if she will implement the recommendations of the Task Force on Obesity as a matter of urgency in view of the accumulated evidence that this is a growing problem that will be a major cost to the health services in years to come; and if she will make a statement on the matter. [45498/08]

Implementation of the report of the National Taskforce on Obesity (NTFO) is ongoing. By its nature, implementation of many of the recommendations was going to take place in the medium term with some of the actions more long-term. A survey by the National Nutrition Surveillance Centre on the implementation of the NTFO Report shows that there has been action and progress on 60% of the recommendations. There is considerable evidence of action and delivery at local and community level.

Since becoming Minister of State with responsibility for Health Promotion, I have made tackling obesity one of my key priorities. In order to give a new impetus to this issue I am currently in the process of conducting a series of bilateral discussions with relevant Departments with regard to the implementation of the recommendations of the Taskforce.

I am also in the process of establishing a multi-sectoral group representative of key Government Departments, Non-Governmental Organisations and other key experts to oversee implementation of the Task Force's recommendations. Its first task will be to report before next Easter on the progress to date in the implementation of the report of the Task Force. I intend to Chair this Group and the first meeting will take place in January.

Inter-Country Adoptions.

Jim O'Keeffe

Ceist:

107 Deputy Jim O’Keeffe asked the Minister for Health and Children the position regarding the bilateral agreement in relation to adoption between Ireland and Vietnam; and the steps being taken for its renewal from the expiry of the present agreement on 30 April 2009. [45400/08]

Jack Wall

Ceist:

210 Deputy Jack Wall asked the Minister for Health and Children her views in relation to correspondence (details supplied) in regard to bilateral adoption agreements between Ireland and Vietnam; the reason that such an agreement may not be renewed when it expires in 2009; the efforts she is making to overcome the problems; if she has had meetings with the Department of Foreign Affairs in relation to the matter; if so, the results of such meetings; if she has had meetings with the WHO in relation to the matter; if so, the results of such meetings; and if she will make a statement on the matter. [46042/08]

Brian O'Shea

Ceist:

211 Deputy Brian O’Shea asked the Minister for Health and Children if the bilateral agreement for the purpose of adoption between Ireland and Vietnam will be renewed when it expires on 30 April 2009 (details supplied); and if she will make a statement on the matter. [46043/08]

I propose to take Questions Nos. 107, 210 and 211 together.

My Office will shortly be publishing the Adoption Bill, 2008 which will ratify the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. Under the new legislation, prospective adoptive parents will be able to adopt from countries which have also ratified the Hague Convention, and countries with which Ireland has a bilateral agreement which meets Hague standards.

While it is true to say that our current Agreement with Vietnam is based on Hague principles, as part of the preparations for our new legislation we need to ensure that our Agreement reflects the Hague Convention as comprehensively as possible. A new Agreement allows the opportunity to elaborate and strengthen some existing provisions to meet the standards which it is anticipated will be set in draft legislation. There have been considerable developments in intercountry adoption in Vietnam since the Agreement was signed 5 years ago. This progress also needs to be reflected in any new Agreement.

There is a clause in the current Agreement which states that the Agreement will be automatically extended for another 5 year term unless one State notifies the other State to the contrary. Because of the proposed changes to our adoption legislation, the Agreement cannot ‘roll over' in its present form for another 5 years. As a result, the Irish Government was obliged to formally notify Vietnam that there can be no automatic renewal of the Agreement when the five year term expires on 1 May, 2009.

I am aware of the concerns of those parents who have already adopted and those who hope to adopt from Vietnam in the future. I would like to assure the Deputy that officials from my Office and the Adoption Board have been continuously monitoring the situation and liaising closely with colleagues in the Department of Foreign Affairs and our embassy in Hanoi over recent months. In November, a senior official from my Office led a delegation to Vietnam accompanied by the Chairman and CEO of the Adoption Board. While the purpose of this visit was to commence discussions with the Vietnamese Authorities on the possibility of negotiating a new Agreement, the delegation also availed of the opportunity to meet with officials from various embassies and with UNICEF to discuss their views on intercountry adoption from Vietnam.

The Irish Government has issued a formal request to the Vietnamese Authorities stating that we wish to enter into discussions immediately for the purpose of negotiating a new Agreement to follow on from the existing Agreement. We are currently awaiting the response of the Vietnamese authorities.

Question No. 108 answered with Question No. 85.

Pharmacy Services.

Charles Flanagan

Ceist:

109 Deputy Charles Flanagan asked the Minister for Health and Children the additional penalty the High Court judgment (details supplied) will have on the taxpayer; and if she will make a statement on the matter. [45627/08]

Following the High Court judgment concerning payments made to community pharmacists in September this year, the HSE have reinstated the previous level of payment to pharmacists from October 2008 onwards. Ms Justice Finlay Geoghegan has not yet ruled on the amount of arrears payable and possible damages arising from the judgment but indicated on 5th of December that she may do so before Christmas. Until this ruling is given I am not in a position to determine the full financial implications of the judgment.

Health Services.

Bernard Allen

Ceist:

110 Deputy Bernard Allen asked the Minister for Health and Children the reason the screening programme to prevent against sight loss associated with diabetes will not be rolled out in view of a promise in July 2008 that it would go ahead in 2008; if the Health Service Executive is allowed to defer development funds for budgetary reasons; and if she will make a statement on the matter. [45583/08]

As this is a service matter it has been referred to the HSE for direct reply.

Hospital Staff.

P. J. Sheehan

Ceist:

111 Deputy P. J. Sheehan asked the Minister for Health and Children the number of new consultant posts that will be filled in 2009 as opposed to replacement posts; and if she will make a statement on the matter. [45663/08]

Joe Costello

Ceist:

126 Deputy Joe Costello asked the Minister for Health and Children if she will estimate the approximate number of extra hospital consultants that will be recruited in 2009 following the agreement on a new contract for medical consultants; and if she will make a statement on the matter. [45494/08]

I propose to take Questions Nos. 111 and 126 together.

Government policy is to increase substantially the number of consultants in the public health service in order to rebalance the ratio between consultant and non-consultant hospital doctors subject to the full implementation of reformed work practices.

The finalisation of the new consultants' contract facilitated the recommencement of the Health Service Executive (HSE) consultant recruitment process. The Executive has advised that its Consultants Appointment Unit has approved 245 consultant posts since April, of which 115 are new posts. To date, 154 posts have been advertised.

The creation and funding of further consultant posts will be driven by service priorities, as reflected in the HSE's Annual Service Plan, and the policy of achieving a better balance between the numbers of consultant and non-consultant hospital doctors.

Health Service Staff.

Mary Upton

Ceist:

112 Deputy Mary Upton asked the Minister for Health and Children if she has plans to retain qualified physiotherapists in this country; and if she will make a statement on the matter. [45513/08]

There has been a growing demand for, and investment in, physiotherapy services over the last number of years.

There were a number of issues contributing to difficulties accessing therapy services, one of which had been the supply of qualified personnel available to fill vacant posts. A particular priority for my Department and the Department of Education and Science in recent years has been the expansion of the supply of therapy graduates. 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. In this regard, since 1997, the number of training places for physiotherapy has been increased from 64 to 145 which represents an increase of 127%.

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 numbers of physiotherapists employed has also grown significantly, with 593 whole time equivalents employed in December 1997 compared to 1,429 whole time equivalents employed in September 2008, which represents an increase of 141%.

The Government is committed to ensuring continued adequate recruitment of professional staff across a range of community settings to ensure the continued development of community services. Additional funding of €20 million has been provided in 2009 for health and education services for children with special educational needs. This funding will provide a total of 125 additional therapy posts in the HSE targeted at children of school-going age. 90 of these will be in the disability services, including speech and language therapists, occupational therapists and physiotherapists, with an additional 35 posts being provided for child and adolescent mental health services.

In addition, certain key health and social care professional posts, including physiotherapists, are to be protected by setting employment floors for these grades within the Health Service Executive (HSE) in 2009. These posts are essential to the development of a number of services areas such as disability, child and adolescent mental health services and child protection services. In order to protect these posts, my Department will be writing to the HSE setting out the minimum employment levels to be maintained within each of these occupations in the health sector in 2009. The recruitment and retention of these key front line professional posts is vital to ensure continued progress in the development of community settings.

Private Health Insurance.

Ciaran Lynch

Ceist:

113 Deputy Ciarán Lynch asked the Minister for Health and Children when she expects to receive a decision from the EU Commission with regard to her proposal to impose a levy on health insurance companies along with tax breaks for their older clients; and if she will make a statement on the matter. [45487/08]

I expect to have a response early in the New Year to our notification of the measures to the Commission.

Health Service Expenditure.

Caoimhghín Ó Caoláin

Ceist:

114 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the action she proposed to take in response to the recent report of the Committee of Public Accounts on health expenditure; and if she will make a statement on the matter. [45574/08]

The Report of the Committee of Public Accounts on the Third Interim Report on the 2006 Report of the Comptroller and Auditor General — Expenditure on Health Services was published on the 18th November 2008 and its findings and recommendations are currently being examined by my Department and the HSE.

Mental Health Services.

Arthur Morgan

Ceist:

115 Deputy Arthur Morgan asked the Minister for Health and Children the manner in which the money raised from the sale of psychiatric hospitals and lands will be ring-fenced to fund mental health services; and if she will make a statement on the matter. [45576/08]

‘A Vision for Change' the Report of the Expert Group on Mental Health Policy, recommends inter alia that a plan to bring about the closure of all psychiatric hospitals should be drawn up and implemented and that the resources released by these closures should be protected for reinvestment in the mental health service. ‘A Vision for Change’ has been accepted by Government as the basis for the future development of our mental health services.

Following the sale of land, the HSE is required to lodge the proceeds to the Exchequer as Exchequer Extra Receipts; proceeds from the sale of psychiatric hospitals and lands will then be ringfenced for reinvestment in mental health services. Going forward the funds will be drawn down by the Health Service Executive to finance the mental health physical infrastructure programme envisioned in ‘A Vision for Change'.

HSE Service Plan.

Kathleen Lynch

Ceist:

116 Deputy Kathleen Lynch asked the Minister for Health and Children when she will publish the Health Service Executive’s National Service Plan for 2009; and if she will make a statement on the matter. [45514/08]

I approved the HSE National Service Plan 2009 last Tuesday, 9 December 2008 under Section 31(8) of the Health Act, 2004. In approving the Plan, I highlighted to the HSE certain critical performance issues in overseeing its implementation. I also emphasised the necessity for the HSE to operate within the limits of its Voted allocation in delivering at a minimum, the levels of service which are provided for in the Plan.

In broad terms, the Plan outlines that the HSE will deliver the same activity in 2009 as in 2008. In order to deliver the level of services it is committing to, the HSE will be reconfiguring many front line services. This is in keeping with the overall strategic direction as set out in the HSE Corporate Plan 2008 — 2011 and includes conversion of in-patient work to day case work, a focus on reducing in-patient length of stay in acute hospitals, reduction of in-patient bed numbers and associated costs and the provision of more services in community settings, thus reducing the dependency on in-patient beds. The 2009 allocation includes €120m to meet service pressures arising from demographic changes and also includes €55m for the implementation of the Fair Deal Scheme, an additional €15m for the Cancer Control Programme and €10m for therapy supports for children of school going age.

Clearly, the current fiscal position demands the most careful control of public expenditure and I am strongly of the view that account needs to be taken of all emerging potential cost pressures. In this context, I have asked the HSE to review the latest information relevant to the management of Demand Led Schemes expenditure and to formulate and submit a contingency plan to address any pressures in this area over and above those provided for in the Plan. During 2009, the HSE will provide me with detailed information relating to service activity levels by way of monthly Performance Monitoring Reports against the Plan.

The Plan was laid before both Houses of the Oireachtas on 10 December in line with Section 31(13) of the Health Act 2004 and the HSE has been asked to make arrangements to publish the Plan on their website as soon as possible in line with Section 31(14) of the Act.

Hospital Staff.

Emmet Stagg

Ceist:

117 Deputy Emmet Stagg asked the Minister for Health and Children the progress that has been made in addressing the shortage of midwives as a result of the increasing birth rate; when the report on maternity services will be published; the proposals that have been put forward from the Health Service Executive’s Maternity Services Expert Advisory Group; and if she will make a statement on the matter. [45516/08]

As this is a service matter it has been referred to the HSE for direct reply.

Child Protection.

Alan Shatter

Ceist:

118 Deputy Alan Shatter asked the Minister for Health and Children if a report was received by her in July 2008 regarding the child protection policies practised in the Cloyne Diocese; if the report contains criticism of the way the Diocese of Cloyne dealt with allegations of child abuse; if she will detail those criticisms; the action taken by her to date on foot of the report; and if the report will be published. [45397/08]

My office was sent a report by the National Board for Safeguarding Children in the Catholic Church (NBSCCC) relating to the Catholic diocese of Cloyne in July, 2008. As soon as the report was received officials from my office requested the NBSCCC to forward the report to the HSE. As it later became clear that the NBSCCC had not forwarded the report to the HSE, and did not intend doing so, the report was sent by the OMCYA to the HSE.

Legal advice has been sought by my office in relation to the status of the report and possible publication of its contents therefore it is inappropriate to provide any details from the report.

My office acted by passing on the report to the HSE as the agency statutorily responsible to promote the welfare of children not receiving adequate care and protection and for consideration by the HSE in the formulation of a report to advise me in relation to possible notification of a diocese to the Dublin Archdiocese Commission of Investigation under the terms of reference of that Commission in relation to current child protection practices and polices in a diocese. The report referred to from the HSE has been received in my office and is under consideration.

Medical Cards.

Bernard J. Durkan

Ceist:

119 Deputy Bernard J. Durkan asked the Minister for Health and Children the number of those over 70 years who on the basis of current calculations are expected to lose their eligibility for a full medical card; the basis on which this calculation has been reached; and if she will make a statement on the matter. [45561/08]

Following the Government decision to withdraw automatic entitlement to a medical card for persons aged 70 and over and to raise the means assessment threshold for persons in that age cohort, it is estimated that approximately 5% (20,000) of the current medical card holders aged 70 and over will no longer qualify for a medical card.

The estimated 5% figure of persons aged 70 and over, who will lose automatic entitlement to a medical card, was based on the best available information from the Central Statistics Office (CSO) and the EU wide survey on Income and Living Conditions (EU-SILC), which is conducted by the CSO to obtain information on the income and living conditions of different types of households. These EU-SILC tables have been made available to Opposition parties.

Health Service Expenditure.

Ruairí Quinn

Ceist:

120 Deputy Ruairí Quinn asked the Minister for Health and Children her views on the recommendations in the third interim report on the 2006 report of the Comptroller and Auditor General of the Committee of Public Accounts in relation to the need for performance indicators and effective deployment of resources in the Health Service Executive; if she will ensure that the recommendations are implemented; and if she will make a statement on the matter. [45510/08]

I welcome the ‘Third Interim Report on the 2006 Report of the Comptroller and Auditor General — Expenditure on Health Services' which was recently published by the Public Accounts Committee. A number of the Report's recommendations relating to matters such as the Hospital Consultants contract, the HSE's utilisation of assets and its financial management systems are already the subject of action by my Department, the HSE or other relevant bodies.

With reference to the specific recommendations on effective deployment of resources and the need for performance indicators, I am committed to further developing the measurement of performance within the health system. Significant progress has been made in the HSE Service Plan 2009 in terms of incorporating more explicit links between funding, staffing and services and the development of an improved set of activity measures, performance indicators and deliverables in key service areas, which are matched with timescales. The HSE will report monthly to my Department on the performance of the health system against the agreed targets. The improvements in the National Service Plan will form a framework for achieving greater clarity at an individual service unit level within the HSE on performance expectations regarding service delivery, staffing levels and funding.

The first recommendation in the report refers to the need for the HSE to establish benchmarks to underpin decision making on the allocation of human resources. The HSE has operational responsibility to determine the number and type of staff required to deliver particular services. The financial constraints applying mean that there must be flexibility to deploy staff to areas of greatest service need. The HSE has already initiated discussions with health service unions to facilitate this approach during 2009.

The second recommendation refers to the need for decisions on resource allocation to be based primarily on activity levels, with incentives being put in place to improve performance. Hospital funding is currently linked with performance through the National Casemix Programme which compares costs and activity between 37 hospitals that participate in the Casemix Budget Model, and reviews how over €4.5 billion in acute hospital funding is allocated. This Programme continues to be developed and rolled-out, both within hospitals already within the Programme, and to new hospitals. Internationally, performance based funding models are less well developed outside of the hospital sector. My Department and the HSE continue to keep opportunities in this area under review.

The third recommendation refers to the use of data collected through Healthstat to inform allocation decisions and to the need for it to be made more readily available to key stakeholders. Healthstat creates information at the level of hospital/hospital network and local Health Office. This information is provided to hospitals and local Health Offices in advance of the monthly HealthStat forum meeting chaired by the CEO of the HSE and these meetings demand accountability from hospitals and local Health Offices for their individual performances. The HSE intends to publish elements of HealthStat data on their website from March of next year. In addition, work is progressing under the auspices of the Joint HSE/Department Performance Information Group to incorporate relevant information from HealthStat into the performance management framework for the Health Services at national level.

The final recommendation relates to the need for major health development projects to be planned on the basis of whole life cost. Procedures currently in place require the HSE to identify the life cycle costs, including revenue and staffing costs, of proposed capital projects prior to their submission as part of the Executive's proposed Capital Plan. These costs are a key criterion against which such proposals are evaluated. In conclusion, I welcome the Report of the Committee of Public Accounts. Progress is already being achieved on many of the recommendations and work will continue in both my Department and the HSE in relation to the Report's findings.

Private Health Insurance.

Tom Hayes

Ceist:

121 Deputy Tom Hayes asked the Minister for Health and Children her views on whether the VHI will not meet the requirement to achieve solvency of 40% by the end of 2008; and if she will make a statement on the matter. [45632/08]

The Voluntary Health Insurance Board (Amendment) Act, 2008 imposed an obligation on the VHI to acquire a reserve fund sufficient to allow it to submit an application for authorisation to the Financial Regulator by 31 December 2008. Any decision on whether to grant authorisation or not is entirely a matter for the Regulator. The VHI submitted an application in June. However, before any decision on the application had been taken by the Regulator the Supreme Court found the 2003 Risk Equalisation Scheme to be ultra vires on 16 July. One consequence of the Court’s decision was that VHI would not receive the transfers due to be paid to it under the scheme. This development had an adverse impact of the financial projections submitted to the Regulator in June as part of the application. The Regulator has asked the VHI to submit revised projections. These will reflect the anticipated impact of the measures announced by the Government on 19 November. The company is exploring all the options open to it under the 2008 Act that would help satisfy the Regulator’s solvency requirements.

Health Services.

Martin Ferris

Ceist:

122 Deputy Martin Ferris asked the Minister for Health and Children if her attention has been drawn to the fact that there is still a shortage of speech and language therapy services while trained speech and language therapists are having to emigrate to find work; if she will address this problem; and if she will make a statement on the matter. [45580/08]

There has been a growing demand for, and investment in, speech and language therapy services over the last number of years.

There were a number of issues contributing to difficulties accessing therapy services, one of which had been the supply of qualified personnel available to fill vacant posts. A particular priority for my Department and the Department of Education and Science in recent years has been the expansion of the supply of therapy graduates. 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. In this regard, since 1997, the number of training places for speech and language therapy has been increased from 25 to 105 which represents an increase of 320%.

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 numbers employed in speech and language therapy has also grown significantly from 282 whole time equivalents employed in December 1997 rising to 736 whole time equivalents employed in September 2008, which represents an increase of 161%.

The Government is committed to ensuring continued adequate recruitment of professional staff across a range of community settings to ensure the continued development of community services. Additional funding of €20 million has been provided in 2009 for health and education services for children with special educational needs. This funding will provide a total of 125 additional therapy posts in the HSE targeted at children of school-going age. 90 of these will be in the disability services, including speech and language therapists, occupational therapists and physiotherapists. 35 additional posts will be provided for child and adolescent mental health services, including clinical psychologists, occupational therapists and speech and language therapists for new and existing multi-disciplinary teams.

In addition, certain key health and social care professional posts, including speech and language therapists, are to be protected by setting employment floors for these grades within the Health Service Executive (HSE) in 2009. These posts are essential to the development of a number of services areas such as disability (including speech and language therapy), child adolescent mental health services and child protection services. In order to protect these posts, my Department will be writing to the HSE setting out the minimum employment levels to be maintained within each of these occupations in the health sector in 2009. The recruitment and retention of these key front line professional posts is vital to ensure continued progress in the development of community settings.

Medical Cards.

Lucinda Creighton

Ceist:

123 Deputy Lucinda Creighton asked the Minister for Health and Children the general practitioner take-up rate of the single capitation fee of €290 in respect of all persons aged 70 years and over who will have a medical card; and if she will make a statement on the matter. [45611/08]

The Government appointed Mr. Eddie Sullivan to make recommendations on a new single annual capitation fee to be paid to general practitioners in respect of medical card holders aged 70 and over in the community. Having considered in excess of seventy submissions from interested parties, including the representative body of GPs, the Irish Medical Organisation and taking into account the existing fees and cost structure, Mr. Sullivan recommended a single capitation fee of €290, which would come into effect, subject to the proposed legislative changes, from 1st January 2009. Mr. Sullivan's recommendations were accepted by Government on 29th October 2008.

The necessary legislative provisions were contained in the Health Bill 2008 which passed all stages in the Oireachtas and was signed into law on 12th December 2008. The Health Service Executive, which has the operational and funding responsibility for the General Medical Services (GMS) Scheme, will notify all General Practitioners contracted to provide services under the scheme of the new capitation fee arrangements.

Suicide Prevention.

Pat Rabbitte

Ceist:

124 Deputy Pat Rabbitte asked the Minister for Health and Children the initiatives that have been taken to target those most at risk of suicide in order to take measures to prevent such an outcome; and if she will make a statement on the matter. [45512/08]

‘Reach Out' — A National Strategy for Action on Suicide Prevention, provides a policy framework for suicide prevention activities in Ireland. Implementation of the strategy is the responsibility of the Health Service Executive.

Initiatives funded by the HSE's National Office for Suicide Prevention include developing and implementing national training programmes, completing the availability of self-harm services through A&E departments, implementing recommendations arising from a review of bereavement services, assisting dedicated suicide officers, supporting voluntary organisations working in the field of suicide prevention and developing mental health awareness campaigns. It should also be emphasised that a range of services such as mental health and primary care services are important in helping to prevent suicide.

Once-off funding of €1m will be provided in 2009 for further suicide prevention initiatives. The funding will be used to develop campaigns aimed at young people and to further develop services for those bereaved by suicide.

Question No. 125 answered with Question No. 105.
Question No. 126 answered with Question No. 111.

Hospital Accommodation.

Brian O'Shea

Ceist:

127 Deputy Brian O’Shea asked the Minister for Health and Children the basis on which a decision was made to reduce the number of beds in the Waterford specialist cancer centre; if she is satisfied that the necessary supports will be available in the community for the needs of cancer patients who would otherwise be treated in the hospital setting; if this change has cost-saving implications; and if she will make a statement on the matter. [45495/08]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Pharmacy Services.

Joan Burton

Ceist:

128 Deputy Joan Burton asked the Minister for Health and Children if, in view of the High Court’s decision (details supplied), her Department and the Health Service Executive can negotiate with professional representative bodies in order to advance proposed changes within the services; and if she will make a statement on the matter. [45491/08]

I am considering the legal, financial and service implications of the judgment of Justice Finlay-Geoghegan in the Hickey Pharmacy case. The judgment confirms that, under the terms of the Community Pharmacy Contract or Agreement, I have the power to alter the payments to pharmacists after consultation with the Irish Pharmacy Union. I intend, very shortly, to begin a consultation process, in order to achieve significant savings in the pharmaceutical distribution chain.

To my knowledge there is no suggestion that the judgment has any wider implications for negotiations with professional representative bodies in general.

Hospital Staff.

Joan Burton

Ceist:

129 Deputy Joan Burton asked the Minister for Health and Children the extra value for money she expects to be delivered to the health services as a result of the new consultants’ contract; the mechanism in place to ensure that the work practices that underpin salary increases for consultants will be adhered to; and if she will make a statement on the matter. [45492/08]

The introduction of the working arrangements agreed under the new consultants' contract will result in the increased availability of senior clinical decision makers to treat and discharge patients as part of the transition to a consultant-delivered service from the present consultant-led service. The successful implementation of the new contract will improve the position of public patients in terms of their access to the public health system.

Under the contract consultants will work a 37 hour week in an extended span of the working day from 8 am to 8 pm, where appropriate, Monday to Friday; and a scheduled attendance of up to five hours where required on Saturday, Sunday and Public Holidays. Other benefits of the new contract include:

New private practice provisions range from a total prohibition on such practice to an upper limit of 20% for newly appointed consultants (30% for existing consultants).

The introduction of Clinical Director posts across the health service.

Consultants working in teams under the leadership of Clinical Directors.

A common waiting list for outpatient diagnostics. In addition, such services are subject to the permitted ratio of public:private practice and the employer must be satisfied that billing for such services reflects the permitted ratio.

The Consultant, while clinically independent, is subject to statutory and regulatory requirements and corporate policies and procedures.

Under the contract the ratio of public to private practice will be implemented through the Clinical Directorate structure and the implementation of this ratio will be the subject of audit, including audit by my Department.

Clinical Directors will provide clinical leadership in the context of implementation and they will have a pivotal role in monitoring compliance by individual consultants with the ratio of public to private practice stipulated in their contracts, taking corrective action if the private practice limit is being exceeded.

The new contract also provides for the introduction of Clinical Directorate Service Plans. The Directorate Service Plans will cover the organisation and delivery of services at the front-line at operational level. Individual consultant's work schedules will be incorporated into the Directorate Service Plan. In developing the Directorate Service Plan the Clinical Director will determine the monthly work schedule for consultants and how each consultant's commitment will be discharged to achieve the planned level of output.

Accident and Emergency Services.

Emmet Stagg

Ceist:

130 Deputy Emmet Stagg asked the Minister for Health and Children if consideration is being given to changing the way the Health Service Executive data on waiting times in hospital accident and emergency departments is compiled; if it is intended in the future to count time waiting before, as well as after, a decision to admit the patient; and if she will make a statement on the matter. [45515/08]

The Health Service Executive has developed a number of systems for measuring performance within the hospital system, including those related to the presentation and treatment of patients at Emergency Departments. However, it is accepted that the current systems in a number of hospitals cannot capture the full waiting time experience of all patients attending Emergency Departments.

I believe that setting clear targets for improvement and measuring performance against these targets helps to drive further improvements in services. I have asked the HSE to set a revised maximum waiting time target of no more than 6 hours from registration to admission or discharge in 2009 for all patients attending Emergency Departments, and to introduce a measurement system in 2009 to record the total waiting time for all such patients. The HSE has committed to introducing these measures in its National Service Plan, 2009.

Question No. 131 answered with Question No. 96.

Health Services.

Róisín Shortall

Ceist:

132 Deputy Róisín Shortall asked the Minister for Health and Children if she will publish the five year implementation framework for the Report of the National Advisory Committee on Palliative Care 2001; and if she will make a statement on the matter. [45501/08]

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 Department of Health and Children is committed to working with the HSE and other key stakeholders in developing palliative care services throughout Ireland.

Funding is being provided for the development of palliative care services in line with the recommendations in the Report of the National Advisory Committee on Palliative Care (2001) and in the context of available resources and workforce planning across the health service. Additional funding totalling €18 million was provided by the Government in Budgets 2006 and 2007. A further €3 million was allocated under Budget 2008 to develop services. This funding is being used to improve palliative care services in consultation with the HSE Regional Development Committees and in line with the recommendations made in the 2001 Report.

The plan the Deputy is referring to is being developed by the HSE, work is ongoing on the development of this plan and good progress has been made to-date.

Hospital Staff.

Eamon Gilmore

Ceist:

133 Deputy Eamon Gilmore asked the Minister for Health and Children the way she will ensure that hospital consultants who continue to work under their existing contract spend the appropriate time caring for their public patients and use only the appropriate percentage of beds in public hospitals for their private patients; and if she will make a statement on the matter. [45499/08]

The Health Service Executive (HSE) has responsibility for implementing, monitoring, and ensuring compliance with the terms of the consultants' contracts. The HSE has issued guidance to health service management regarding the need to ensure consistency in the application of contractual arrangements with regard to consultants. Consultants who choose to remain on the 1997 contract are contractually obliged to comply with the relevant sections of the contract and its associated Memorandum of Agreement which relate to scheduling and organisation of work and the conduct of private practice.

Clinical Directors will be appointed and will have a pivotal role in managing and monitoring consultants' contractual arrangements, including monitoring the ratio of public/private practice undertaken by individual consultants. In addition, measurement systems in relation to the public/private mix are being put in place.

Inter-Country Adoptions.

Jim O'Keeffe

Ceist:

134 Deputy Jim O’Keeffe asked the Minister for Health and Children her views on the establishment of arrangements to encourage inter-country adoptions; and if she will make a statement on the matter. [45401/08]

My Office is continuing to work to create the appropriate legislative, policy and administrative frameworks which will ensure a well regulated regime of adoption which reflects both the changing nature of adoption and the growth in intercountry adoption. The Government's aim is to support and protect prospective parents, and even more importantly, the children for whom adoption services are devised and provided.

The first priority is the ratification of the Hague Convention on the Protection of Children and Intercountry Adoption, 1993. I am pleased to inform the Deputy that the Adoption Bill, 2008, which will ratify the Convention, will be published at the earliest opportunity.

A core principle of the Hague Convention is that intercountry adoption should be child centred, that is, in all stages of the process the child's interests must be paramount. The Hague Convention has put in place the equivalent of a contract between states to regulate the standards that will apply in each jurisdiction. It is an additional safeguard for a receiving country like Ireland regarding the standards that are being applied in the sending country, over which we have no jurisdiction. As a receiving country it is especially important to have some confidence in the process of consent to the adoption, the status of the child as adoptable and a guarantee of no improper financial gain from the process. Legislation and specifically the regime of the Hague Convention is at least some assurance for individual children, their families, and the State, that appropriate procedures have been followed and that the adoption was affected in the best interests of the child.

Services for People with Disabilities.

Aengus Ó Snodaigh

Ceist:

135 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if she will ensure that the Health Service Executive reallocates, to services for people with disabilities, the estimated €70 million redirected from that sector by the HSE; and if she will make a statement on the matter. [45578/08]

As the Deputy's question relates to a service matter, I have arranged for the question to be referred to the Health Service Executive for direct reply.

Child Care Services.

Martin Ferris

Ceist:

136 Deputy Martin Ferris asked the Minister for Health and Children if she has received representations from people working in child care on the adverse effects of the child care subvention scheme; and if she will make a statement on the matter. [45579/08]

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 childcare services.

I am aware that concerns regarding the new Community Childcare Subvention Scheme (CCSS) have been expressed by some community childcare services and I have met with representatives of a number of service providers and discussed issues of concern to them. It is considered that the new scheme provides an effective framework for the continued targeting of additional resources towards disadvantaged parents and their children while continuing to support community childcare services generally. The CCSS was informed by and takes account of a number of enhancements recommended by the report of the Value for Money Review of the Equal Opportunities Childcare Programme. These include the fact that the subvention to services is more 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, is removed. Account is also taken of all of the operational costs of the service rather than staffing costs alone. Services, including full-time, part-time and sessional ones, which were in some cases, inaccessibly priced for disadvantaged parents, are now available to them at more appropriate rates under the new scheme. In addition, transitional funding arrangements have been made to ensure that existing grant recipients are facilitated to adjust to the new scheme, including making any adjustments necessary to their fee structures.

As you may be aware the framework for the CCSS was originally announced in July 2007 and on the basis of information collected from the community childcare services, adjustments were made to the scheme by the Government in December of that year. These adjustments addressed many of the concerns expressed by childcare providers in relation to the CCSS. I am confident that the scheme is a fair and equitable way of supporting community childcare operators in the provision of an affordable and high quality service to parents, based on their means.

Nursing Education.

Caoimhghín Ó Caoláin

Ceist:

137 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she has received representations from SIPTU regarding cutbacks in nurse education; and if she will make a statement on the matter. [45573/08]

I can confirm that my Department responded to a representation from SIPTU regarding expenditure savings on nursing education on 8th December last. The reply informed SIPTU that in 2009 a reduction of 310 places in the undergraduate degree programme would be implemented by the HSE under proposals to deliver economy savings of €115 million under Budget 2008.

The reduction means that from next year we will be providing 1,570 undergraduate places as follows:

Number of Places

General Nursing

860 places

Intellectual Disability Nursing

180 places

Psychiatric Nursing

290 places

Midwifery

140 places (no reduction)

Children’s and General Nursing Integrated

100 places (no reduction)

Total

1,570 places

The total cost of nurse education to the Health Services, both undergraduate and post-registration is currently in excess of €117 million per annum. The reduction in places will result in savings of €1.65 million approximately in 2009 and €3.3 million from 2010 onwards.

Nurses trained under the apprenticeship and diploma models undertaking part-time degree courses have been able to apply to their employer to have their course fees paid in return for a service commitment to the public health service. This initiative has been in operation since 2001 and was due for completion before now. It will be no longer be available for new entrants from 1 January 2009, resulting in a saving of €2m next year and about €3.8m per annum from 2010 onwards.

Further savings of €1.35m in 2009 will be achieved by reducing places on the various post-registration courses in specialist clinical practice.

These three cost saving measures will produce savings of €5m in 2009 and €8.45m in future years.

Health Services.

Pat Rabbitte

Ceist:

138 Deputy Pat Rabbitte asked the Minister for Health and Children the arrangements that have been put in place to address the concerns of former patients of a person (details supplied); if there is an estimation of the number of people affected; the information and counselling available to them; and if she will make a statement on the matter. [45506/08]

Counselling support has been made available by the HSE for former patients of the person concerned following the findings of a recent Medical Council Inquiry. The need for additional support will be monitored. The HSE has assigned co-ordinating responsibility for these matters to the Area Manager for Consumer Affairs in the North East who will liaise as required with former patients and support groups.

The HSE has been requested to reply directly to the Deputy in respect of the additional issues raised.

Medicinal Products.

Willie Penrose

Ceist:

139 Deputy Willie Penrose asked the Minister for Health and Children the plans in place to commence a new tender process for the supply of unlicensed medicines to Irish patients; and if she will make a statement on the matter. [45507/08]

The supply of unlicensed medicines is a service matter and therefore this matter has been referred to the Health Service Executive for direct reply to the Deputy.

Departmental Expenditure.

Leo Varadkar

Ceist:

140 Deputy Leo Varadkar asked the Taoiseach the number of staff in terms of whole time equivalents who have been assigned by him to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by his Department’s regulations to business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if he will make a statement on the matter. [45950/08]

Regulations coming within the remit of my Department and Bodies under its aegis have been examined in the context of the Government programme to measure and reduce administrative burdens which is being co-ordinated by the Department of Enterprise, Trade and Employment.

The Central Statistics Office (CSO) has identified a number of Regulations which impose burdens on business and in line with the overall effort to measure and reduce administrative burdens across Government, is devoting resources to the Government programme to measure and reduce administrative burdens.

The CSO has identified the most burdensome information obligations and plans are well advanced to move to the next phase of the project involving a detailed measurement of those information obligations representing 90% of the total burden. When the measurement has been completed (first half of 2009), a simplification plan will be prepared detailing how the burden on business can be minimised, thereby contributing to the Government's overall target of reducing administrative burdens on business by 25% by 2012.

In addition, in its Statement of Strategy 2008-2010, the CSO has identified as a corporate priority the minimising of response burden on CSO inquiry respondents. To achieve this the CSO is taking a number of additional actions, including increasing the use of electronic reporting methods, adopting better sampling techniques, increasing coordination between surveys and making greater use of administrative records. As a first step towards minimising response burden, it was necessary to measure the existing burden. CSO issued a report in June 2008 presenting an analysis of the burden imposed on Irish business by making CSO statistical returns for surveys issued in 2005, 2006 and 2007.

As the minimisation of response burden is a corporate priority, contributions have been made by a range of officials and it is not, therefore, possible to give the precise staff input into the above projects but it would equate approximately to the direct input of two staff members at professional statistician level. CSO anticipates that this level of input will be maintained in 2009 and expanded as resources permit with a view, in particular, to replacing surveys of smaller enterprises with administrative data.

Leo Varadkar

Ceist:

141 Deputy Leo Varadkar asked the Taoiseach the number of staff in terms of whole time equivalents he has allocated within his Department to supporting the Better Regulation Group’s work; the financial resources that have been spent in support of such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if he will make a statement on the matter. [45952/08]

The Better Regulation Unit of my Department is tasked with co-ordinating and monitoring the implementation of the actions set out in the Government White Paper, ‘Regulating Better'. In this context, the work of the Unit includes supporting the use of Regulatory Impact Analysis (RIA) across Government Departments in partnership with the RIA Network. In addition, the independent Review of the Economic Regulatory Environment will be completed shortly and the Unit will have responsibility for co-ordinating the response to the Review. The Unit is also involved in advancing initiatives designed to modernise the Statute Book, including the Statute Law Revision Project for which the Office of the Attorney General has responsibility.

A total of €508,693 was spent on projects related to these areas of work in 2008. This includes the cost of the independent Review of the Operation of RIA and the Review of the Economic Regulatory Environment. There is no further expenditure planned for the remainder of this year. The projected cost for projects in support of the work of the Better Regulation Unit for 2009 is estimated at €92,000.

The Unit comprises one half-time Principal Officer, one full-time Assistant Principal Officer, one full-time Administrative Officer and one full-time Clerical Officer.

Private Rented Accommodation.

Richard Bruton

Ceist:

142 Deputy Richard Bruton asked the Taoiseach the number of rented properties identified in Dublin city and in each electoral district within the city in the last census; and the number of these rented properties which were bedsits. [45955/08]

The following table provides the number of occupied rented properties (and the number of these rented properties which were bedsits) enumerated during the April 2006 census for each of the electoral districts in Dublin City.

Rented Dwellings in each Electoral Division in Dublin City classified by Bedsit and all accomodation types — Census 2006

District

All rented accomodation types

Rented Bedsit

Dublin City North

32,838

1,814

001 ARRAN QUAY A

315

22

002 ARRAN QUAY B

900

30

003 ARRAN QUAY C

1,100

16

004 ARRAN QUAY D

825

81

005 ARRAN QUAY E

561

12

006 ASHTOWN A

442

6

007 ASHTOWN B

133

1

008 AYRFIELD

143

009 BALLYBOUGH A

796

49

010 BALLYBOUGH B

774

135

011 BALLYGALL A

231

012 BALLYGALL B

124

1

013 BALLYGALL C

156

10

014 BALLYGALL D

122

1

015 BALLYMUN A

270

1

016 BALLYMUN B

670

3

017 BALLYMUN C

1,130

5

018 BALLYMUN D

997

6

019 BALLYMUN E

27

020 BALLYMUN F

45

021 BEAUMONT A

55

1

022 BEAUMONT B

332

3

023 BEAUMONT C

140

7

024 BEAUMONT D

49

1

025 BEAUMONT E

77

1

026 BEAUMONT F

239

14

027 BOTANIC A

276

21

028 BOTANIC B

418

74

029 BOTANIC C

347

65

030 CABRA EAST A

1,047

251

031 CABRA EAST B

222

16

032 CABRA EAST C

647

142

033 CABRA WEST A

67

034 CABRA WEST B

259

6

035 CABRA WEST C

178

4

036 CABRA WEST D

352

1

037 CLONTARF EAST A

183

20

038 CLONTARF EAST B

480

11

039 CLONTARF EAST C

186

10

040 CLONTARF EAST D

216

47

041 CLONTARF EAST E

98

1

042 CLONTARF WEST A

255

5

043 CLONTARF WEST B

184

044 CLONTARF WEST C

665

84

045 CLONTARF WEST D

326

50

046 CLONTARF WEST E

112

5

047 DRUMCONDRA SOUTH A

430

41

048 DRUMCONDRA SOUTH B

234

20

049 DRUMCONDRA SOUTH C

215

6

050 EDENMORE

170

6

051 FINGLAS NORTH A

294

1

052 FINGLAS NORTH B

259

8

053 FINGLAS NORTH C

84

1

054 FINGLAS SOUTH A

160

1

055 FINGLAS SOUTH B

306

6

056 FINGLAS SOUTH C

233

1

057 FINGLAS SOUTH D

123

058 GRACE PARK

388

9

059 GRANGE A

194

060 GRANGE B

144

1

061 GRANGE C

95

062 GRANGE D

225

063 GRANGE E

160

5

064 HARMONSTOWN A

88

1

065 HARMONSTOWN B

122

1

066 INNS QUAY A

534

47

067 INNS QUAY B

726

77

068 INNS QUAY C

725

20

069 KILMORE A

226

1

070 KILMORE B

221

7

071 KILMORE C

145

072 KILMORE D

87

3

073 MOUNTJOY A

934

33

074 MOUNTJOY B

1,003

136

075 NORTH CITY

832

20

076 NORTH DOCK A

121

7

077 NORTH DOCK B

447

3

078 NORTH DOCK C

1,071

15

079 PHOENIX PARK

336

8

080 PRIORSWOOD A

54

081 PRIORSWOOD B

327

082 PRIORSWOOD C

605

1

083 PRIORSWOOD D

245

5

084 PRIORSWOOD E

78

085 RAHENY-FOXFIELD

50

1

086 RAHENY-GREENDALE

161

6

087 RAHENY-ST.ASSAM

124

8

088 ROTUNDA A

1,129

46

089 ROTUNDA B

580

28

090 WHITEHALL A

328

13

091 WHITEHALL B

263

092 WHITEHALL C

120

1

093 WHITEHALL D

271

1

Dublin South

35,637

2,126

094 CHAPELIZOD

502

9

095 CHERRY ORCHARD A

273

096 CARNA

176

097 CHERRY ORCHARD C

591

2

098 CRUMLIN A

260

7

099 CRUMLIN B

249

5

100 CRUMLIN C

251

3

101 CRUMLIN D

341

8

102 CRUMLIN E

281

4

103 CRUMLIN F

174

1

104 DECIES

239

105 DRUMFINN

270

14

106 INCHICORE A

198

10

107 INCHICORE B

262

5

108 KILMAINHAM A

254

12

109 KILMAINHAM B

279

15

110 KILMAINHAM C

607

6

111 KIMMAGE A

149

112 KIMMAGE B

265

11

113 KIMMAGE C

467

25

114 KIMMAGE D

239

9

115 KIMMAGE E

407

12

116 KYLEMORE

218

117 MANSION HOUSE A

1,159

17

118 MANSION HOUSE B

129

1

119 MERCHANTS QUAY A

621

8

120 MERCHANTS QUAY B

1,052

12

121 MERCHANTS QUAY C

800

21

122 MERCHANTS QUAY D

209

2

123 MERCHANTS QUAY E

528

54

124 MERCHANTS QUAY F

563

36

125 PEMBROKE EAST A

770

15

126 PEMBROKE EAST B

401

19

127 PEMBROKE EAST C

428

3

128 PEMBROKE EAST D

538

10

129 PEMBROKE EAST E

614

10

130 PEMBROKE WEST A

690

11

131 PEMBROKE WEST B

514

20

132 PEMBROKE WEST C

917

60

133 RATHFARNHAM

605

35

134 RATHMINES EAST A

1,024

88

135 RATHMINES EAST B

876

39

136 RATHMINES EAST C

460

82

137 RATHMINES EAST D

525

70

138 RATHMINES WEST A

1,619

273

139 RATHMINES WEST B

978

125

140 RATHMINES WEST C

523

49

141 RATHMINES WEST D

808

90

142 RATHMINES WEST E

706

88

143 RATHMINES WEST F

722

100

144 ROYAL EXCHANGE A

922

19

145 ROYAL EXCHANGE B

448

12

146 ST KEVIN’S

1,219

146

147 SOUTH DOCK

1,368

23

148 TERENURE A

417

43

149 TERENURE B

369

59

150 TERENURE C

64

2

151 TERENURE D

23

152 USHERS A

502

4

153 USHERS B

369

5

154 USHERS C

784

6

155 USHERS D

316

29

156 USHERS E

518

15

157 USHERS F

452

32

158 WALKINSTOWN A

135

4

159 WALKINSTOWN B

64

1

160 WALKINSTOWN C

128

1

161 WOOD QUAY A

915

10

162 WOOD QUAY B

893

219

Total Dublin City

68,475

3,940

Consultancy Contracts.

Joanna Tuffy

Ceist:

143 Deputy Joanna Tuffy asked the Taoiseach the position regarding all contracts for the years 2007 and 2008 with consultants in relation to the preparation of reports of any kind; the name of the consultants; the cost for each report; and if he will provide this information in tabular form; and if he will make a statement on the matter. [45960/08]

The following tables detail Consultants engaged by my Department in 2007 and 2008 (up to the end of November) that involved the preparation of a report.

Details of payment made in 2008 (Jan-Nov 2008)

Name of Consultant

Report

Total Cost

Goodbody

A Regulatory Impact Analysis of the Transposition of the Optional Pensions Provisions of the Transfer of Undertakings Directive

7,200

RA Consulting

Employee Opinion Survey

9,030

QTS Limited

Annual Risk Assessment — health and safety

1,694

Ipsos Mori

Quality customer Service Survey Report 2007

19,904*

Hudson Talent Management

Although not engaged to prepare a report the work contributed to the ‘Report of the Organisational Review Programme (Pilot Phase)’, which was published on 26 November.

45,552

PA Consulting Group

Although not engaged to prepare a report the work contributed to the ‘Report of the Organisational Review Programme (Pilot Phase)’, which was published on 26 November.

46,775

*50% paid in 2007 and 50% paid in 2008.

Change Management Fund, Department of Finance

Name of Consultant

Report

Total Cost

The Economist Intelligence Unit

The Review of the Economic Regulatory Environment in Ireland is due to be completed shortly. It is expected that a Report will be produced on foot of the Review.

382,851**

Isolde Goggins and Gillian Lauder

Regulatory Impact Analysis: An Operational Review (Published July 2008)

85,305

Ipsos Mori

Civil Service Customer Survey 2008 (Published November 2008)

69,817

**This is the total paid to date by this Department. It is expected that a final payment will be made in 2009.

Details of payments made in 2007

Name of Consultant

Report

Total cost

Indecon

A Review of the Irish Annuities Market (The Review was undertaken under the auspices of the Partnership Pensions Review Group which was established under the terms of Towards 2016).

133,166

PA Consulting Group

Although not engaged to prepare a report the work contributed to the ‘Report of the Organisational Review Programme (Pilot Phase)’, which was published on 26 November.

17,424

PA Consulting Group

Although not engaged to prepare a report the work contributed to the ‘Report of the Organisational Review Programme (Pilot Phase)’, which was published on 26 November.

6,534

QTS Limited

Safety Statement and Risk Assessment

2,541

Change Management Fund, Department of Finance

Name of Consultant

Report

Total Cost

RA Consulting

Employee Opinion Survey

9,051

ESRI

Business Regulation Survey (Published March 2007)

20,278**

Fitzpatrick Associates

Evaluation of the Customer Charter Initiative in the civil Service

17,182**

Isolde Goggin and Gillian Lauder

Regulatory Impact Analysis: An Operational Review (Published July 2008)

23,595

**Payments were also made in 2006.

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

144 Deputy Leo Varadkar asked the Taoiseach the occasions on which he did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if he will make a statement on the matter. [46074/08]

Leo Varadkar

Ceist:

145 Deputy Leo Varadkar asked the Taoiseach the occasions on which his Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if he will make a statement on the matter. [46089/08]

I propose to take Questions Nos. 144 and 145 together.

My Department has not been responsible for the production of any new Bills or the negotiation of any new EU Directives in the period since June 2008 and consequently has not produced any RIAs in relation to same in the given period.

Since June 2008, two Statutory Instruments relating to the work of the Central Statistics Office (CSO) have been produced. These Statutory Instruments specify technical requirements such as the contents and scope of statistical surveys and do not alter the regulatory framework. As RIA is only required in the case of significant SIs involving changes to the regulatory environment, it was not applicable in these cases.

Census of Population.

David Stanton

Ceist:

146 Deputy David Stanton asked the Taoiseach when he expects the next census will be undertaken; the input he has into the formulation of questions included in the census; and if he will make a statement on the matter. [46177/08]

The next Census is due to take place in 2011.

The CSO has just concluded a wide-ranging public consultation in this regard. It has also established a Census Advisory Group, with input from all Government Departments, to support preparations for a Census Pilot Survey due to be held in selected sampled areas of the country in April 2009, testing new and re-formulated questions and new field procedures.

The Government will consider in due course the recommendations of the Director General of the CSO on foot of these preparations.

Companies Regulations.

Bernard J. Durkan

Ceist:

147 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the procedure to be followed to deregister a company (details supplied); and if she will make a statement on the matter. [46207/08]

As the term deregister is not used in the Companies Acts it is not clear what procedure the Deputy is referring to. The procedures for winding up and dissolution of a company are outlined in Part VI of the Companies Act 1963, as amended.

Redundancy Payments.

Jack Wall

Ceist:

148 Deputy Jack Wall asked the Tánaiste and Minister for Enterprise, Trade and Employment the position of an application for statutory redundancy by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [45933/08]

Payment of statutory redundancy is, in the first instance, a matter for the employer. There is no record in my Department of an application for statutory redundancy on behalf of the person to whom the Deputy has referred. In addition, it would appear that an incorrect PPS number has been supplied. If the Deputy contacts me again with further information I will be happy to enquire further on his behalf.

Departmental Expenditure.

Leo Varadkar

Ceist:

149 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of staff in terms of whole time equivalents who have been assigned by her to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by her Department’s regulations to business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if she will make a statement on the matter. [45943/08]

The Better Regulation agenda is supported by the Company Law Reform and Business Regulation Section, which is a Unit within my Department's Commerce, Consumers and Competition Division. The Division is headed up by an Assistant Secretary. The role of the Section is to modernise and simplify the Irish company law code; support the work of the Company Law Review Group; drive the cross Department effort to reduce the administrative burden on business by 25% by 2012; and support the work of the High-level Group on Business Regulation.

The total staff complement of the Section is 7: 1 Principal Officer, 2 Assistant Principals, 1 Higher Executive Officer, 2 Executive Officers and 1 Staff Officer.

In addition to the foregoing, the Section can call upon the resources of Forfás, as appropriate, in carrying out their reduction in administrative burden work. Furthermore, Regulatory Impact Assessments are carried out, as appropriate, in cases of new legislative/regulatory proposals by the relevant sections of my Department.

The High-level Group on Business Regulation has a budget of €60,000 for 2008, of which some €36,000 is expected to be spent by year end; for 2009, the budget is €60,000.

Redundancy Payments.

Jack Wall

Ceist:

150 Deputy Jack Wall asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason an application for redundancy payments has not been concluded in respect of a person (details supplied) in County Kildare; the mechanism available to the applicant to obtain the payments due; if her Department can pay such redundancies at this stage; if the person will receive interest on the amount due in view of the period of time that has elapsed; and if she will make a statement on the matter. [45961/08]

There are a number of outstanding administration issues which remain to be clarified with the company's new owner, as the previous owner is deceased. The Redundancy Payments Section of my Department has been advised that the new owner may be in a position to pay the statutory entitlement of the person mentioned by the Deputy, and are awaiting communication from the company's accountant on the matter.

Departmental Bodies.

Michael D'Arcy

Ceist:

151 Deputy Michael D’Arcy asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason the European Union Guidelines on national regional aid permit aid in some circumstances for acquisition costs on land and buildings but Enterprise Ireland expressly excludes from grant aid expenditure on buildings, building modifications and so on; and if she will make a statement on the matter. [45962/08]

Michael D'Arcy

Ceist:

153 Deputy Michael D’Arcy asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has plans to change the policy to allow the acquisition of buildings, building modifications and so on to be eligible for national regional aid in view of the fact that it is allowed by the European Union guidelines on national regional aid and in order to provide greater support and incentives to businesses to set up particularly in the midst of the current economic downturn; and if she will make a statement on the matter. [45964/08]

I propose to take Questions Nos. 151 and 153 together.

The acquisition of land and buildings by an enterprise in an eligible region can be supported under the Regional Aid (Industry and Services) Scheme 2007-13 for Ireland and under the Industrial Development legislation. Under Industrial Development legislation Enterprise Ireland is authorised to provide support for the acquisition of buildings and building modifications, however, I understand that the agency does not choose to exercise this authority.

I have been informed that Enterprise Ireland's long-standing policy is not to support the acquisition costs of land or buildings. Enterprise Ireland's focus is on investing the taxpayer's money in the productive assets of the company — the equipment and people — to support the creation of innovation and competitive companies which we believe represents the better value to the tax payer. In order to develop Irish Industry, capability investments in companies (in areas such as Research and Development, Innovation, and Management Development) rather than investments in the acquisition of land and buildings, represent the best return for the Irish taxpayer. Buildings and capital equipment investments can be supported at the Enterprise Ireland Investment Committee but the rates are not very attractive for companies. Due to Regional Aid restrictions the rates are 15% for a small company, 7.5% for a medium company and 0% for a large company in the Dublin/Mid East region. In the Border-Midlands-West region, the rates are higher — 50% for a small company, 40% for a medium company and 30% for a large company. These rates are to be further reduced or eliminated from 2013 onwards.

In certain circumstances, Enterprise Ireland can provide support towards buildings and building modifications, such as under the Research and Development Fund (provided for in the EU Research Development and Innovation State Aid Guidelines) and for capital investments considered at Enterprise Ireland's Investment Committee (under the EU Regional Aid Guidelines). Additionally, Enterprise Ireland's Community Enterprise Centre Scheme 2007-2009 aims to enhance the development of an enterprise climate through the provision of infrastructural facilities to support the establishment and expansion of micro enterprises through local community participation. The current scheme, announced in 2007, has a total fund of €21m with three calls for proposals.

Michael D'Arcy

Ceist:

152 Deputy Michael D’Arcy asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on whether the policy by Enterprise Ireland is restrictive and hindering businesses from setting up or expanding; and if she will make a statement on the matter. [45963/08]

Enterprise Ireland offers a wide and varied range of supports to businesses setting up or expanding. This suite of supports, which continue to underpin and grow a strong, sustainable and word-class indigenous business sector, are far from being restrictive. Enterprise Ireland offers a range of financial and non-financial supports tailored to the needs of its individual client companies throughout all regions. A key strategic target outlined in the Enterprise Ireland Strategy 2008 — 2010 ‘Transforming Irish Industry' is to continue to drive the establishment of High Potential Start Up Companies (HPSUs) by stimulating and developing a strong flow of innovation-led start-ups. The added focus in 2008-2010 is on assisting Irish companies to achieve scale at the earliest stage of development. Enterprise Ireland addresses the full range of start-up needs including finance, management support, research and development and market development. Additionally, Enterprise Ireland works with the city and county enterprise boards, business innovation centres and third level institutions to actively promote the establishment of HPSUs throughout Ireland.

Enterprise Ireland offers supports to assist companies adapt and grow by focusing on internationalisation, competitiveness, entrepreneurship, innovation, research and development, business infrastructure and engagement with third level education. In supporting client companies in their expansion, Enterprise Ireland offers customised solutions to help build competitive advantage, profitable sales, exports and sustainable employment. Enterprise Ireland in assisting growth and expansion:

Partners with companies to develop clear business strategies framed by ambitious goals for global market development.

Addresses critical issues such as the appropriate business model, leadership and management development, acquisitions and partnerships, and the financing required to achieve scale.

Builds clients' capabilities in relation to key scale enablers — global organisation structure, large scale acquisitions and global partnerships.

Targets the development of scale from the earliest stage by identifying increasing numbers of start-ups with scaling potential, and offer a tailored and intensive support structure to achieve this.

Focuses on helping clients gain access to the growth capital required to drive scale.

Question No. 153 answered with Question No. 151.

Closed Circuit Television Systems.

Emmet Stagg

Ceist:

154 Deputy Emmet Stagg asked the Tánaiste and Minister for Enterprise, Trade and Employment the legislative provisions and rules covering the use of closed circuit television cameras in the workplace. [46041/08]

I understand that the main legislative provisions and rules covering the use of closed circuit television cameras (CCTV) in the workplace are a matter for the Data Protection Commissioner. The use of CCTV in a business place or workplace is not prohibited but it is controlled by the Data Protection Acts 1998 and 2003. This legislation falls under the remit of my colleague the Minister for Justice, Equality and Law Reform.

My Department's role in relation to legislative provisions for close circuit television in the workplace is limited to safety in the workplace. The Safety, Health and Welfare at Work Act 2005 requires every employer to ensure, so far as is reasonably practicable, the safety, health and welfare at work of all of his or her employees. Employers and those who control work places to any extent must identify the hazards in the workplaces under their control and assess the risks presented by these hazards. Employers are required to implement any improvements considered necessary by the risk assessment. There are situations where the installation of CCTV systems may be considered necessary as a result of a risk assessment.

CCTV systems have been in use for many years as driving aids for operators of very large mechanically propelled equipment in the underground mining and surface quarrying industries. These were initially introduced in these sectors based on risk assessment of reversing manoeuvres and have enormous advantages both in terms of pedestrian safety and operator efficiency in the use of such large equipment. The Safety, Health and Welfare at Work (Quarries) Regulations 2008 through the provisions of Regulation 23(2)(e) and Schedule 2 of the regulations set down the conditions under which CCTV may be required in relation to equipment used in the surface quarrying industry.

The Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006) through the provisions of Regulation 87 and Schedule 6 of the regulations set down the conditions under which CCTV may be required in relation to equipment used in the construction industry. The measure is included as one of a number controls to address the need for improved all round visibility for earth moving and materials handling machinery in construction. Construction plant and machinery due to their application can have limited driver visibility particularly to the rear, a fact that has contributed to several serious accidents in the industry.

Employment Rights.

Leo Varadkar

Ceist:

155 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the breakdown for each year since 2000 to date in 2008 of the action of her Department, and agencies under the remit of her Department in informing those catering employers, except in the areas known until 1 January 1994, as the county borough of Dublin and the borough of Dun Laoghaire, of their obligations under employment regulation orders to their employees; the number of staff in terms of whole time equivalents devoted by her Department and agencies under the remit of her Department to such activities for those years; the financial resources expended on such activities for those years; and if she will make a statement on the matter. [46059/08]

Leo Varadkar

Ceist:

156 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the breakdown for each year since 2000 to date in 2008 of the action of her Department, and agencies under the remit of her Department in informing those hotel employers, except those in employers in the county borough of Cork and the areas known, until 1 January 1994, as the county borough of Dublin and the borough of Dun Laoghaire of their obligations under employment regulation orders to their employees; the number of staff in terms of whole time equivalents devoted by her Department and agencies under the remit of her Department to such activities for those years; the financial resources expended on such activities for those years; and if she will make a statement on the matter. [46060/08]

I propose to take Questions Nos. 155 and 156 together.

The role of the National Employment Rights Authority (NERA), which was established on an interim basis in February, 2007, is to foster and enforce a national culture of employment rights compliance in the State. In order to fulfil this role, NERA undertakes a range of functions, including the provision of impartial information to employers and employees, an inspection function and a prosecution and enforcement service. In the period between 2000 and NERA's establishment, the Employment Rights Information Unit and the Labour Inspectorate would have fulfilled a similar role. NERA Information services provide impartial information on a wide variety of employment rights legislation, including Employment Regulation Orders (EROs), to employers and employees by telephone, in writing, by e-mail and through on-going public awareness campaigns. Some 120,000 enquiries have been dealt with to end November in 2008 while some 93,000 enquiries were handled in 2007. Approximately 30% of the total calls received are initiated by employers. It is not possible to calculate the percentage of enquiries by sector. Further details on NERA activities are set out in the following table.

In 2008, NERA launched a nationwide public awareness campaign to raise awareness of employment rights and the services provided by NERA. The widely disseminated advertising and promotion campaign ran from 14 January 2008 to the first week in May 2008 and sought to engage employers and employees and the general public to promote a culture of employment rights compliance. The NERA website, www.employmentrights.ie, was launched on 10 January, 2008. Over one and three quarter million pages have been viewed since its launch to date. Average daily page hits in the year to end November 2008 numbered in excess of 5,000. The NERA website contains information specifically relating to EROs pertaining to the Hotel and Catering sectors. In response to the growing numbers of employers using its service, NERA launched two new publications a ‘Guide to Employment Rights' and a ‘Guide to Inspections'. The ‘Guide to Employment Rights' is intended to give general guidance to employers and employees on employment rights matters and it includes specific information in relation to Employment Regulation Orders (EROs) in the Catering and Hotels sector.

NERA also engage in exhibitions and deliver presentations to key stakeholders. Of the 129 presentations and exhibitions in which NERA participated during 2007 and 2008, fifty-nine involved employer groups. In 2008, these included presentations to the Fáilte Ireland Annual Conference, the Fáilte Ireland HR Hotel Managers Network and the Small Firms Association annual conference. NERA also delivered presentations to The Human Resource Managers Conference and the Club Managers Association of Europe (Ireland) CMAE. In October 2008 NERA delivered a stakeholders briefing to the IBEC Hospitality Sector, which was attended by Fáilte Ireland and the Irish Hotels Federation.

NERA undertakes inspections to determine employment rights compliance. In the course of those inspections, the inspectors provide information to employers on their obligations under employment rights legislation, including obligations under Employment Regulation Orders, if applicable. The number of inspections undertaken in 2007 and 2008 to check compliance with the Catering and Hotels employment legislation is set out in the following table. While the work of the Labour Court is a day to day matter for that body, I have been advised by the Court that it publishes notices in two National daily newspapers and Iris Oifigiúil on the making of each new Catering and Hotels ERO. In the years from 2000 to 2008, the Labour Court made 12 EROs in respect of the Catering sector and 7 EROS in respect of the Hotel sector.

In addition, I have been advised by the Court that copies of each Order were sent to all employers known to the Court to whom the Orders apply. Their circulation list for Catering EROs amounts to a total of 2,119 employers, individuals, organisations and firms and for the Hotels EROs amounts to a total of 847 employers, individuals, organisations and firms. I should also point out that there is a statutory obligation on employers to post notices to inform their employees of the details of these EROs. Awareness raising activities by NERA and the Labour Court in relation to Catering and Hotels EROs are conducted as part of the overall activities of both bodies, the costs of which are met from within their respective operating budgets. It is not possible to disaggregate the staffing or financial resources allocated to the specific information provision activities referred to in the Deputy's questions.

Table: NERA Information and Inspection Activities

NERA Activities

2008 Year to Date (End Nov)

2007 Year to end December

Information Enquiries dealt with

121,000

93,000

Website page impressions

1,687,985

N/A

Conferences & Exhibitions (Total)

86

43

Conference & Exhibitions (Employers groups)

46

13

Catering (Dublin) Inspections

89

58

Catering (Country) Inspections

930

147

Hotels Inspections

135

92

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

157 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the occasions on which she did not carry out any form of regulatory impact analysis on statutory instruments, bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if she will make a statement on the matter. [46067/08]

Leo Varadkar

Ceist:

158 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the occasions on which her Department carried out a screening regulatory impact analysis on statutory instruments, bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if she will make a statement on the matter. [46082/08]

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

The information requested by the Deputy insofar as my Department is concerned is set out in the following table:

Title of SI, Bill, or EU Directive proposed since June 2008

Status regarding the conduct of either a screening or full RIA

European Communities (Restrictive Measures) (Iran) (Amendment) Regulations 2008. (S.I. No. 481 of 2008).

The S.I. provides for penalties for breach of a Council Regulation which restricts the export of certain goods and technologies to Iran (connected with preventing nuclear proliferation), and was not considered significant in accordance with RIA guidelines. No RIA was undertaken.

Proposal for a Directive of the European Parliament and of the Council on simplifying terms and conditions of transfers of defence-related products within the Community.

The purpose of the proposed Directive is to reduce the regulatory burden on business through the simplification of the export licensing regime relating to transfers of defence-related products within the Community and was not considered significant in accordance with RIA guidelines. No RIA was undertaken.

Proposal for a Directive of the European Parliament and of the Council establishing a framework for the setting of eco-design requirements for energy related products.

A Screening RIA is under way on this proposal. It is expected that a Full RIA will not be necessary. The proposal recasts and expands somewhat the scope of an existing Directive on which a Screening RIA was carried out — Directive 2005/32/EC of the European Parliament and of the Council of 6 July, 2005, which establishes a framework for the setting of eco-design requirements for energy-using products.

European Communities (Supplementary Protection Certificate) Regulations 2008. (S.I. No. 307 of 2008).

These Regulations are required to give full effect to Regulation (EC) No. 1901/2006 of the European Parliament and of the Council in Irish legislation, with effect from 26 July 2008. This EC Regulation had immediate effect under Irish legislation, hence a RIA was not required. No RIA was undertaken.

European Communities (Compulsory Licensing of Patents Relating to the Manufacture of Pharmaceutical Products for Export to Countries With Public Health Problems) Regulations 2008. (S.I. No. 408 of 2008).

These Regulations are required to give full effect to Regulation (EC) No. 816/2006 of the European Parliament and of the Council, in Irish legislation.The Regulations laid down procedural requirements which apply to applications for a compulsory license of a patent relating to the manufacture of pharmaceutical products for export to countries with public health problems. This EC Regulation had immediate effect under Irish legislation, hence a RIA was not required. No RIA was undertaken.

Copyright andRelated Rights (Register of Licensing Bodies for Performers’ Property Rights) Regulations 2008 (S.I. No. 306 of 2008).

Not considered “significant” in accordance with RIA guidelines so no RIA undertaken.

Proposal for a European Parliament and Council Directive amending Directive 2006/116/EC on the term of protection of copyright and certain related rights.

Preparation of Screening RIA has commenced.

Industrial Development Bill 2008

This Bill does not introduce any new regulation and does not affect existing regulations or parliamentary control of expenditure, as it seeks to update technical provisions. Accordingly it is not considered “significant” in accordance with RIA guidelines so no RIA has been undertaken.The Government on 2 December 2008 approved the draft Industrial Development Bill. The Bill is in the process of being formally enacted.

Proposal for a Directive of the EP and of the Council on machinery for pesticide application, amending Directive 2006/42/EC of 17 May 2006 on machinery.

A Screening RIA was carried out but it was decided a Full RIA was not required because the proposal will not have any significant impact or cost.

European Communities (Cooperation between National Authorities Responsible for The Enforcement of Consumer Protection Laws) (Amendment)Regulations 2008. (S.I. No. 316 of 2008).

These Regulations add two additional competent authorities to the list covered by the Regulation. This is a requirement of the Consumer Protection Cooperation Regulation. Therefore, not considered “significant” in accordance with RIA guidelines so no RIA was undertaken.The Consumer Protection Co-operation (CPC) Regulation (EC) No 2006/2004 provides for cooperation between national authorities responsible for the enforcement of consumer protection laws. The CPC system is the on-line method of communication between the designated Single Liaison Offices and Competent Authorities, in each of the Member States, who have responsibility for certain aspects of 16 Directives that protect consumers’ interests.

European Communities (Single-Member Private Limited Companies) (Amendment) Regulations 2008. (S.I. No 348 of 2008).

The purpose of this S.I. is to amend and update forms for use in the Companies Registration Office and was not considered significant in accordance with RIA guidelines. No RIA was undertaken.

Companies (Forms) Regulations 2008. (S.I. No. 349 of 2008).

The purpose of this S.I. is to amend and update forms for use in the Companies Registration Office and was not considered significant in accordance with RIA guidelines. No RIA was undertaken.

Companies Forms Order. (S.I. No 350 of 2008).

The purpose of this S.I. is to amend and update forms for use in the Companies Registration Office and was not considered significant in accordance with RIA guidelines. No RIA was undertaken.

Proposal for a Directive of the European Parliament and of the Council on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS).

On 24 July 2008, the EU Commission published its proposals for most of the elements of what is known as the “UCITS IV” regime, with an announcement that a final element would be brought forward by November on receipt of technical advice from an EU expert group. The French Presidency identified this package as a key priority for their Presidency. The tight negotiating timeframe did not lend itself to a formal RIA process so no RIA was undertaken.However the Irish position on issues that might be included in the eventual package of UCITS IV proposals had been developed in 2007 during a stakeholder consultation process. This was conducted to determine a formal Irish response to an extended EU wide consultation process, involving Green and White Papers, that led to the eventual publication of the EU proposals. These issues were outlined in detail in an Oireachtas Scrutiny Note submitted to the Dáil in September 2008.

Industrial Relations (Amendment) Bill 2008

A Screening RIA was carried out and it was decided not to carry out a full RIA, as significant impacts under the relevant headings were not identified in the Screening process.

Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2008. (S.I. No. 423 of 1008).

A Screening RIA was carried out. As these Regulations amended the Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. 504 of 2006) the RIA produced is an addendum to the RIA produced prior to the 2006 Regulations being signed.

Job Creation.

Arthur Morgan

Ceist:

159 Deputy Arthur Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on taking action that would lead to employment opportunities for north Meath, particularly in the tourism sector; and if she will make a statement on the matter. [46247/08]

Two Industrial Development agencies under the aegis of my Department, IDA Ireland and Enterprise Ireland, together with Meath County Enterprise Board (CEB) are responsible for enterprise development in the area in question. The primary role of IDA Ireland is the attraction of high quality Foreign Direct Investment (FDI) to Ireland. An integral and fundamental element of this role is the agency's mandate to promote sustainable and balanced regional development. However, the marketing of individual areas for FDI and jobs is a day-to-day operational matter for the agency. While I may give general policy directives to the agency, I am precluded under the Industrial Development Acts from giving directives regarding individual undertakings or from giving preference to one area over others.

However, I understand that the town of Navan in particular, continues to be actively marketed by IDA Ireland to potential investors. The town is well equipped to compete with other areas for FDI due to its excellent business park. Enterprise Ireland offers a full range of financial and non-financial supports to indigenous companies. In the three years 2005, 2006 and 2007, over €6.5m of funding was approved for client companies in Meath. The County also has thriving Community Enterprise Centres that have been financially assisted by the agency. These Centres foster the development of micro-enterprises, which in turn can grow into larger enterprises. Funding of over €635,000 has been approved for three locations in the County — Navan, Trim and Kells. Particular emphasis is placed on creating and developing employment opportunities and enterprise space for the unemployed.

The role of the Meath CEB is to provide support for small businesses with ten employees or fewer in both start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level. The CEB delivers a series of programmes to underpin this role and can provide both financial and non-financial assistance to project promoters based in County Meath. From inception in 1993 to end 2007, the latest year for which figures are available, the Meath CEB has approved almost €6 million in grant aid to some 530 projects and assisted in the creation of 1,064 net jobs in the County.

As regards Tourism, I understand from the Minister for Arts, Sports and Tourism that in accordance with the provisions of section 8(1)(a) of the National Tourism Development Authority Act, 2003, it is a day to day matter for Fáilte Ireland to encourage, promote and support either inside or outside the State, the development of Tourism traffic within and to the State. In addition, in accordance with the provisions of section 8(1)(b) of the National Tourism Development Authority Act, 2003, it is a day to day matter for Fáilte Ireland to encourage, promote and support the recruitment, training, education and development of persons for the purposes of employment in connection with the tourism industry in the State. Insofar as my area is concerned, I am satisfied that the policies and initiatives being pursued by the Industrial Development agencies and the CEB will continue to bring about employment opportunities for the area.

Job Losses.

Róisín Shortall

Ceist:

160 Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will intervene to assist former employees of a company; if, to date, redundancy or other payments have been awarded to a person (details supplied) in Dublin 9; and if not, the steps her Department is taking to assist this person and former employees. [46281/08]

Payment of statutory redundancy is, in the first instance, a matter for the employer. In relation to the person mentioned by the Deputy, my Department has no record of an application having been made for a rebate in respect of a statutory redundancy payment paid to that person by the employer mentioned. Further, no application has been made either by the individual or the employer for a lump-sum payment from the Social Insurance Fund on the basis of inability to pay or otherwise.

I have no role in relation to direct intervention in the matter of statutory redundancy payments. The choice of mortgage product ultimately rests with the consumer in light of the terms and conditions that their lending institution offers. The decision of borrowers is influenced by factors such as their personal preferences and their own assessment of the relative merits of fixed and variable rate mortgages taking into account the information made available by the Financial Regulator. The Financial Regulator, which has a statutory consumer protection mandate, provides advice to consumers on the advantages and disadvantages of fixed rate mortgages.

As the Deputy will be aware, the cost of a fixed rate mortgage reflects longer-term funding costs for the financial institution which provides it. Therefore, in contrast to tracker and variable rates, the cost neither rises with an increase in the ECB base rate nor falls with a reduction in it. The Financial Regulator has highlighted, in the context of its consumer information role, that for those whose finances may be stretched, such as first-time buyers, fixed rates offer peace of mind. While they may cost more over the longer term they allow the mortgage holder to budget confidently. However, the Financial Regulator also stresses that fixed rate mortgages give less flexibility than variable rates. My Department will monitor the issue raised by the Deputy, in consultation with the Financial Regulator, in relation to credit institutions participating in the Guarantee Scheme, in light of the objectives of the Scheme.

Industrial Relations.

Thomas P. Broughan

Ceist:

161 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will review the implementation of all Labour Court recommendations relating to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [46286/08]

The system of industrial relations in Ireland is essentially voluntarist in nature. The law on industrial relations disputes does not generally seek to impose a solution on the parties to a dispute but rather seeks to assist them in arriving at a solution. To this end, the State has established a number of institutions, including the Labour Court, to assist in the resolution of trade disputes between employers and workers. In the case referred to in the Deputy's question, the Labour Court conducted a hearing on a trade dispute and issued a recommendation setting out its opinion on the dispute and the terms on which it should be settled. Under Industrial Relations legislation, the Labour Court cannot compel a company to comply with its recommendation. As it is a Court of last resort in the industrial relations process, it is expected that the parties come to the process in good faith and consequently are prepared to give serious consideration to the Court's recommendations. Recommendations of the Labour Court are not legally binding and, ultimately, responsibility for the settlement of a trade dispute rests with the parties to the dispute.

FÁS Training Programmes.

Róisín Shortall

Ceist:

162 Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the training services that are currently offered to former carers when their caring duties come to an end; and the services that are specifically geared towards the needs of former carers. [46409/08]

The role of a carer, and how that role may diminish or cease over time, is recognised. FÁS provides support to clients to access bereavement and loss training/supports if this need is identified to assist the person return to work or training. People who have been in receipt of a carer's allowance can avail of all FÁS training and employment programmes when their eligibility for carer's allowance ceases. For those who wish to work in the care sector, there are a number of programmes currently available, i.e., a range of Child care programmes, Personal Assistant (Assisted Living) and Care for the Elderly. Personal Development and Return to Work courses can also benefit those making decisions about re-entering the workforce. For carer's who have completed their caring duties and wish to access FÁS training, a training bonus of €31.80 will be paid to those who have been in receipt of a carer's allowance for more than 12 months prior to participating on a FÁS training course. This will be in addition to the regular training allowance of €197 (full-time) or €113 (part-time) per week.

David Stanton

Ceist:

163 Deputy David Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of people with disabilities who participated in the FÁS supported employment programme which provides open labour market supports in 2006, 2007 and 2008; the number of job coaches employed under this scheme; and if she will make a statement on the matter. [46510/08]

The Supported Employment Programme is an active labour market initiative to assist jobseekers with a disability to find employment in the open labour market, and is operated by FÁS on behalf of the Department of Enterprise, Trade and Employment. FÁS estimate that between 2006 and 2008 there was an average of 2,200 active clients participating annually on the programme. A new electronic tracking system to record and monitor outcomes on the Supported Employment Programme has recently been introduced by FÁS. A total of 120 job coaches employed by 23 local supported employment sponsor organisations deliver the programme on behalf of FÁS.

David Stanton

Ceist:

164 Deputy David Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the research, surveys and other information gathering processes her Department has conducted, under its commitment in the Disability Act sectoral plan, to gather necessary baseline information on people with disabilities in relation to the assessment of engagement strategies, participation, retention and certification rates, standards outcome and value for money of labour market measures; the action she has taken to improve employment and training opportunities for people with disabilities as a result; if the target of one access officer to coordinate disability supports per region has been reached; and if she will make a statement on the matter. [46511/08]

Extensive research relating to the employment of people with disabilities has been conducted by my Department, and FÁS, with a view to gathering information as part of the Department's commitments under the Disability Act, 2005. A review of the operation of the Wage Subsidy Scheme and a study on acquired disability and employment have been carried out on behalf of my Department. A survey of private sector employers' attitudes to recruiting people with disabilities, and their level of awareness of FÁS grants for the adaptation, recruitment, and retention of people with disabilities has been carried out on behalf of FÁS. A review of the effectiveness of the Supported Employment Programme in the context of current operating standards has also been carried out on behalf of FÁS.

A study of the efficiency and effectiveness of vocational training and rehabilitative training services for people with disabilities provided by Specialist Training Providers has been carried out on behalf of my Department and FÁS, and the Department of Health and Children. In the context of the implementation by my Department of a comprehensive employment strategy for people with disabilities the actioning of the findings and recommendations contained in these reports is expected to improve future training and employment opportunities for people with disabilities. A draft outline of the implementation of a comprehensive employment strategy for people with disabilities has been developed by my Department, and has recently been discussed with the Consultative Forum on an Employment Strategy for people with disabilities that has been established under the Department's Sectoral Plan. A key focus of the strategy is on effecting the optimal changes to existing programmes, schemes and services, in particular with regard to the Supported Employment Programme and the Wage Subsidy Scheme.

The overall objective of the implementation of such a comprehensive employment strategy is to enhance the operation and effectiveness of the range of FÁS supports and services for facilitating increased participation of people with disabilities in the labour market in the context of the employment target set by the Sectoral Plan. The Plan provides for an increase by 7,000 in the employment of people with disabilities capable of holding a job by 2010. The Sectoral Plan will be reviewed in 2009. A proposal to implement an access and learning support service in FÁS mainline training centres has been developed, and the appointment of an access officer to coordinate these services is under active consideration by FÁS.

David Stanton

Ceist:

165 Deputy David Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment if a joint bridging programme between health funded rehabilitative training services and vocational training services to ensure progression and vocational advancement for persons who have the ability and potential to progress from rehabilitative to vocational training, in particular FÁS training, has been established between her Department and the Department of Health and Children as per her Department’s commitment in the Disability Act sectoral plan; the progress that has been made in improving the delivery of effective services to people with disabilities as a result; and if she will make a statement on the matter. [46512/08]

The need for developing a joint bridging programme between HSE funded rehabilitative training services and FÁS funded vocational training services for people with disabilities is acknowledged in the Sectoral Plans of my Department and the Department of Health and Children. The development of such a joint bridging programme has been the subject of detailed discussions between FÁS and the HSE, and of necessary follow-on discussions with providers within FÁS. Arrangements are now at an advanced stage by FÁS Community Services to roll out a pilot bridging programme in 2009. FÁS Community Services have also developed a separate joint bridging initiative with St. Joseph's Foundation in Charleville, County Cork. The aim of this project, which has recently commenced, is to test and develop a suitable training programme specification to assist in the transition from rehabilitative training to vocational training with a view to entering the open labour market.

Departmental Expenditure.

Leo Varadkar

Ceist:

166 Deputy Leo Varadkar asked the Minister for Finance the number of staff in terms of whole time equivalents who have been assigned by him to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by his Department’s regulations to business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if he will make a statement on the matter. [45945/08]

My Department is represented on the High Level Group on Business Regulation, the Regulatory Impact Analysis Network and on an interdepartmental working group on reducing administrative burdens. Within my Department, work in support of these groups is undertaken from within existing staff resources. Accordingly, it has not been necessary to dedicate staff and other resources exclusively in this case. It is envisaged that the same situation will apply for 2009.

Banking Sector Regulation.

Richard Bruton

Ceist:

167 Deputy Richard Bruton asked the Minister for Finance if he has examined the difficulties created for people who are on high mortgages at fixed rates and who are receiving no relief from falling rates; if he has raised their plight in his discussions with the banks; and if initiatives for easing their problems have been put forward. [45953/08]

The choice of mortgage product ultimately rests with the consumer in light of the terms and conditions that their lending institution offers. The decision of borrowers is influenced by factors such as their personal preferences and their own assessment of the relative merits of fixed and variable rate mortgages taking into account the information made available by the Financial Regulator. The Financial Regulator, which has a statutory consumer protection mandate, provides advice to consumers on the advantages and disadvantages of fixed rate mortgages. As the Deputy will be aware, the cost of a fixed rate mortgage reflects longer-term funding costs for the financial institution which provides it. Therefore, in contrast to tracker and variable rates, the cost neither rises with an increase in the ECB base rate nor falls with a reduction in it. The Financial Regulator has highlighted, in the context of its consumer information role, that for those whose finances may be stretched, such as first-time buyers, fixed rates offer peace of mind. While they may cost more over the longer term they allow the mortgage holder to budget confidently. However, the Financial Regulator also stresses that fixed rate mortgages give less flexibility than variable rates. My Department will monitor the issue raised by the Deputy, in consultation with the Financial Regulator, in relation to credit institutions participating in the Guarantee Scheme, in light of the objectives of the Scheme.

Tax Code.

Richard Bruton

Ceist:

168 Deputy Richard Bruton asked the Minister for Finance the way the income tax levy will apply to maintenance payments in the terms of the giver and the receiver; and if protections have been put in place to prevent double taxation. [45954/08]

The income levy will apply on the gross or aggregate income of each individual taxpayer subject to the specific exemptions which have been set out in the legislation. Representations have been made in relation to the impact that the legislation would have on persons who had a obligation to make maintenance payments to a separated spouse under a legally enforceable order, in particular the possibility of an exposure to an effective double charge to income levy on both parties. To address this I brought forward an amendment at Committee Stage of the Finance (No.2) Bill (amendment no. 7) on Tuesday 9 December to provide for a statutory deduction from gross income for the amount of the maintenance payment being made by the giver, which would place the operation of the levy solely on the payment when received by the beneficiary. Where appropriate the relevant exemptions, if applicable, will then be available to the recipient of the maintenance payment.

State Property.

Michael Ring

Ceist:

169 Deputy Michael Ring asked the Minister for Finance if he will investigate if there could be a perceived conflict of interest following recent purchases by the Office of Public Works (details supplied); and if he will make a statement on the matter. [45958/08]

I have investigated this matter. The Royal Hibernian Academy did not recommend the art works purchased by the OPW Art Management Office under the per cent for art scheme. There is no conflict of interest.

Disabled Drivers.

Arthur Morgan

Ceist:

170 Deputy Arthur Morgan asked the Minister for Finance when new criteria under Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 in relation to primary medical certificates will be published; if these criteria offer greater consistency than is currently available; and if he will make a statement on the matter. [45980/08]

The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and Vehicle Registration Tax (up to a certain limit), and exemption from motor tax, on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities. The disability criteria for these concessions are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. To get a Primary Medical Certificate, an applicant must be permanently and severely disabled within the terms of these Regulations. As the Deputy will be aware there was an interdepartmental review of the Scheme. Some 12,500 people benefited under the scheme in 2007 at an overall estimated cost of €74 million. Any changes would have to be considered in the context of the annual Budget.

Arthur Morgan

Ceist:

171 Deputy Arthur Morgan asked the Minister for Finance the reason a person (details supplied) in County Louth was refused a primary medical certificate when there is clear professional evidence of their disability; and if he will make a statement on the matter. [45981/08]

The initial application for a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area. If the Primary Medical Certificate has been refused in this case, the named person may appeal the refusal to the Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin. I would point out that the Medical Board of Appeal is independent in the exercise of its functions.

Garda Stations.

Joan Burton

Ceist:

172 Deputy Joan Burton asked the Minister for Finance if he will make a statement on the progress in securing of accommodation for gardaí based in the Laytown area of County Meath. [46025/08]

The provision of additional temporary accommodation at the Garda Station at Laytown was completed in Autumn 2008. The provision of permanent accommodation for the Laytown District HQ is under consideration having regard to the prioritisation of Garda Building Programme, which is a matter for the Department of Justice, Equality and Law Reform and Garda management in the first instance and the availability of capital resources.

Financial Institutions Support Scheme.

Phil Hogan

Ceist:

173 Deputy Phil Hogan asked the Minister for Finance the steps he has taken to ensure any of the external advisers he has engaged to advise him on the bank guarantee scheme and related matters are not also involved in advising financial institutions covered by the scheme or consortia seeking to invest in such institutions in view of the highly confidential nature of the instructions that he will have given and the need for the State’s interest to be specifically protected; if the engagement of such advisers was on the strict condition that they could not act for any directly concerned commercial interests; and if he will make a statement on the matter. [46033/08]

In an economy the size of Ireland's it is not unusual that one of the larger financial or legal advisers has to deal with potential conflicts of interest arising from their representation of more than one client in the same sector. I have been assured by my external advisors on the banks guarantee scheme, that where potential conflicts arise they are dealt with through the application of well established "Chinese Wall" structures which are overseen by their compliance departments. These "Chinese Walls" operate as information barriers which ensure that any advice given to the Government is confidential and is provided by a team which is segregated from and independent of their work for other clients.

Phil Hogan

Ceist:

174 Deputy Phil Hogan asked the Minister for Finance if the engagement of advisers by him to advise on the bank guarantee scheme was made in accordance with his Department’s public procurement rules; the nature of the public procurement exercise undertaken; the date it was awarded; and if he will make a statement on the matter. [46034/08]

I am fully satisfied that the appointment of advisors to advise me on the bank guarantee scheme was in accordance with public procurement procedures. Those procedures provide for negotiation with a single contractor without a competitive process where the timeframe for a competitive process cannot be met due to the extreme urgency of the circumstances. The Deputy will recall that speed of action was essential to the Government's response to the credit crisis and to the introduction of the bank guarantee. Considering the extent of the potential liability of the State it was essential that the best advice was available to the Government as a matter of urgency. Clearly, the engagement of advisors on the bank guarantee scheme comes within the exceptional circumstances anticipated in the public procurement procedures.

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

175 Deputy Leo Varadkar asked the Minister for Finance the occasions on which he did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if he will make a statement on the matter. [46069/08]

Leo Varadkar

Ceist:

176 Deputy Leo Varadkar asked the Minister for Finance the occasions on which his Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if he will make a statement on the matter. [46084/08]

I propose to take Questions Nos. 175 and 176 together.

As a result of a Government decision on 21 June 2005, Regulatory Impact Analysis must be conducted on all proposals for primary legislation involving changes to the regulatory framework (subject to some exceptions), significant Statutory Instruments and proposals for EU Directives and significant EU Regulations when they are published by the European Commission. In the period 1 June to date in 2008 no Screening Regulatory Impact Analysis or Regulatory Impact Analysis were undertaken. In relation to the Statutory Instruments, Bills and EU Directives as listed below, the reasons Regulatory Impact Analysis were not carried out range from the Statutory Instruments "not being categorised as ‘significant', to being technical in nature or giving effect to legal provisions" already contained within the primary legislation. Regulatory Impact Analysis does not apply to Statutory Instruments made under the European Communities Act 1972, Financial Transfers Act 1992 and the Criminal Justice Terrorist Offences Act 2005 where those Statutory Instruments give effect to EU sanctions against persons and entities designated by EC Regulations as being associated with terrorist organisations or repressive regimes.

List of Statutory Instruments for which no RIA was carried out in the period 1 June — to date in 2008

S.I. No.

Details

516/2008

Quality of Shellfish Waters (Transfer of Departmental Administration and Ministerial Functions) Order 2008

Not yet assigned

Youth Work (Transfer of Departmental Administration and Ministerial Functions) Order 2008

Not yet assigned

Youth Work (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2008

Not yet assigned

Young People’s Facilities and Services Fund (Transfer of Departmental and Ministerial Functions) Order 2008

215

Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations (No.3) 2008

216

Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No.3) 2008

236

Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No.2) 2008

237

Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanction) Regulations (No.2) 2008

265

European Communities (Iran) (Financial Sanctions) Regulations (No. 2) 2008

266

Financial Transfers (Iran) (Prohibition) Order (No. 2) 2008

303

European Communities (Liberia) (Financial Sanctions) Regulations 2008

304

Financial Transfers (Liberia) (Prohibition) Order 2008

377

Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No.3) 2008

378

Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No.3) 2008

379

Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations (No.4) 2008

380

Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations (No.4) 2008

454

European Communities (Zimbabwe) (Financial Sanctions) Regulations 2008

455

Financial Transfers (Zimbabwe) (Prohibition) Order 2008

457

Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations (No.5) 2008

458

Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations (No.5) 2008

473

European Communities (Democratic Republic of Congo) (Financial Sanctions) Regulations 2008

476

Financial Transfers (Democratic Republic of Congo) (Prohibition) Order 2008

474

Financial Transfers (Liberia) (Prohibition) Order (No.2) 2008

475

European Communities (Liberia) (Financial Sanctions) Regulations (No.2) 2008

In addition, as the Credit Institutions (Financial Support Bill 2008) and Credit Institutions (Financial Support) Scheme 2008 were introduced under Emergency legislation there was no requirement to carry our Regulatory Impact Assessment.

Tax Code.

Richard Bruton

Ceist:

177 Deputy Richard Bruton asked the Minister for Finance if a report has been carried out on the compliance cost of the C2 certification system; if its regulations continue to be required for the protection of tax revenue; and if he will make a statement on the matter. [46108/08]

I have been advised by the Revenue Commissioners that no report has been carried out on the compliance cost of the C2 certification system. Prior to the introduction of Relevant Contracts Tax (RCT), there were significant difficulties with tax compliance in the construction sector. RCT was introduced in 1970 as a measure to tackle that non-compliance problem, and has been significantly enhanced since then, including the inclusion of the meat processing and forestry sectors in 1998. The Revenue Commissioners are satisfied that RCT continues to be a vital instrument in striving to protect tax compliance in the construction sector, and also in the forestry and meat-processing sectors.

The reasons why these special compliance provisions are necessary in these sectors include:

The mobility of business within the sectors which makes it difficult for Revenue to ensure tax compliance.

The fact that cash payments are common in the sectors and can be disguised as payments for other supplies, such as, materials or equipment, or payments to fictitious, or non-involved persons.

The significant costs of labour as a percentage of turnover.

The difficulties in tackling non-compliance in the construction sector are recognised internationally and different jurisdictions have come up with their own responses to the problem. The Revenue Commissioners consider the RCT system is an appropriate and essential response for the protection of tax revenues. RCT provides an audit trail linking main and sub-contractors. It provides for certification of compliant sub-contractors and ongoing monitoring to prevent abuses. It also provides for a mandatory withholding tax operated by the main contractor in relation to sub-contractors who do not hold certificates or where payment is not authorised. This arrangement tilts the balance of behaviour towards tax compliance.

In the context of concerns expressed by the social partners, Revenue gave a commitment under Towards 2016 — The Ten-Year Social Partnership Framework Agreement — to strengthen the RCT system as a means to ensuring compliance in the sector. This is being done in consultation with the Social Partners and, where appropriate, in liaison with the Department of Social & Family Affairs, the National Employments Rights Authority and the Department of Enterprise Trade and Employment. The construction industry continues to be an area of concern for Revenue, and 25% of its audit and compliance resources were assigned to this sector in 2006 & 2007. Resources are currently assigned based on the identified risks in individual Districts and Regions.

Fiscal Policy.

Finian McGrath

Ceist:

178 Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied). [46116/08]

It is generally recognised that there is an unusual number of unsold houses on the market at present. Developers and others are naturally anxious to sell and in many cases have reduced prices, but this is a business decision for them. There is no indication at this stage that banks have taken possession of an unusual amount of property.

Tax Code.

Aengus Ó Snodaigh

Ceist:

179 Deputy Aengus Ó Snodaigh asked the Minister for Finance if his attention has been drawn to the fact that the Revenue Commissioners differentiate between invalidity and incapacitation for the purposes of exempting a citizen from DIRT tax, but will not explain the reason for same. [46182/08]

Aengus Ó Snodaigh

Ceist:

180 Deputy Aengus Ó Snodaigh asked the Minister for Finance the illnesses which qualify a taxpayer to be exempted from DIRT tax on the basis of incapacitation; and if he will make a statement on the matter. [46183/08]

Aengus Ó Snodaigh

Ceist:

181 Deputy Aengus Ó Snodaigh asked the Minister for Finance if his attention has been drawn to the case of a person (details supplied) in Dublin 6 who is not regarded as being an invalid for the purposes of DIRT exemption. [46184/08]

I propose to take Questions Nos. 179 to 181, inclusive, together.

I have been informed by the Revenue Commissioners that an individual may claim a repayment of DIRT where the individual is not liable to pay income tax by reason of the level of his or her income; and either:

(a) he or she is over 65; or

(b) if under 65, is permanently incapacitated by reason of physical or mental infirmity from maintaining himself/herself.

It is not possible for legislation to prescribe a full list of injuries, infirmities or disabilities which would render an individual incapacitated from maintaining himself or herself.

In the case to which the details supplied refers, I understand that the individual is under 65 years of age and is not otherwise liable to income tax and the question to be addressed is whether he is permanently incapacitated by reason of physical or mental infirmity from maintaining himself. I have been further informed by the Revenue Commissioners that this case has been re-examined by a senior officer who has also taken the view that the individual in respect of whom the particulars delivered refers is not permanently incapacitated by reason of physical or mental infirmity from maintaining himself/herself. This being the case, the individual is not, until he reaches 65 years of age, entitled to a repayment of DIRT. Individuals who disagree with determinations of Revenue officials may either request an internal review in relation to any aspect of the way in which case was handled, or make an appeal under statutory provisions to the Appeal Commissioners.

Bernard J. Durkan

Ceist:

182 Deputy Bernard J. Durkan asked the Minister for Finance when a P21 will issue to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [46206/08]

I have been advised by the Revenue Commissioners that a Form 12 was received from the taxpayer on 11 December 2008. This return will be processed within the next few days and a P21 should issue in the first week of January 2009.

State Property.

Caoimhghín Ó Caoláin

Ceist:

183 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the number of State buildings in County Meath, including Government offices, schools, Garda stations and so on, for which surveys and inspections have been carried out to determine the type, form and condition of any asbestos present; the details of the schedule of work to be undertaken for removal of asbestos; and if he will make a statement on the matter. [46238/08]

Approximately 150 buildings in County Meath including Government Offices, schools, Garda stations and military establishments have been surveyed since the commencement of the Asbestos Management Programme. Surveys are undertaken to determine the location, type, form and condition of any asbestos present in the buildings. Works, where necessary, to ameliorate problems are carried out on a priority basis, as soon as possible following the surveys. Depending on the condition etc., management may entail complete removal of the materials identified, encapsulation or monitoring until such as time as removal may become necessary. The Commissioners of Public Works are currently compiling a programme of works for 2009.

Tax Code.

Thomas P. Broughan

Ceist:

184 Deputy Thomas P. Broughan asked the Minister for Finance if he will allow schools to claim tax relief on donations made to the school of either 20% or 42% depending on the tax level paid by the donor; and if he will make a statement on the matter. [46283/08]

Section 848A of the Taxes Consolidation Act 1997 governs the scheme for tax relief on donations to eligible charities and other approved bodies. The administration of this scheme is the responsibility of the Revenue Commissioners.

All primary and post primary schools providing education based on a programme prescribed or approved by the Minister for Education and Science automatically qualify as approved bodies for the purposes of section 848A.

Tax relief is granted at the standard 20% rate or at the higher 41% rate, depending on the rate of tax payable by the donor for the relevant year of assessment. The precise arrangements for allowing tax relief on donations varies depending on whether the donor is a PAYE taxpayer, a person who is subject to self-assessment or a company. In the case of donors who are PAYE taxpayers, the relief is given on a "grossed up" basis to the eligible body (rather than by way of a separate claim to tax relief by the donor). The claim for refund is made to Revenue by the eligible body. In the case of a self-assessed donor, that individual claims the relief in his/her income tax return and there is no grossing up arrangement. In the case of a company, it will claim a deduction for the donation as if it were a trading expense.

The detailed terms and conditions of the scheme are set out in leaflet CHY 2 which can be accessed on the Revenue website www.revenue.ie.

Court Actions.

Róisín Shortall

Ceist:

185 Deputy Róisín Shortall asked the Minister for Finance the reporting arrangements of repossession actions taken by lenders in respect of homes, cars and other property; and the extent to which statistics are collected on repossessions. [46291/08]

The Courts Service provides my Department with a quarterly report on the number of Court actions and orders relating to possession of certain real property i.e. buildings and land. The statistics include the number of new cases initiated in each quarter for possession of such property and on the number of court orders made for possession of real property. Circuit Court statistical reports provide a break down between residential and non-residential property, and on a county-by-county basis based on where the property is located. This level of detail is not, however, available in High Court statistics.

The Courts Service does not collect statistics as a matter of routine on legal proceedings to repossess other property.

Planning Issues.

Brian O'Shea

Ceist:

186 Deputy Brian O’Shea asked the Minister for Finance when the design team will be appointed to commence planning for an extension to Waterford City courthouse; and if he will make a statement on the matter. [46324/08]

A scope of works for the Refurbishment of Waterford Courthouse is being prepared at present and is expected to be available early in the new year. At that stage tenders will be sought from relevant firms of Consultants who are on the Framework Lists held by the Office of Public Works.

Tax Code.

Alan Shatter

Ceist:

187 Deputy Alan Shatter asked the Minister for Finance the number of divorced and separated parents who claimed single parent tax credit in each of the years ending 31 December 2005, 2006 and 2007. [46325/08]

Alan Shatter

Ceist:

188 Deputy Alan Shatter asked the Minister for Finance the number of fathers of children born to unmarried parents who claimed the single parent tax credit in each of the tax years ending 31 December 2005, 2006 and 2007. [46326/08]

I propose to take Questions Nos. 187 and 188 together.

I am informed by the Revenue Commissioners that the precise information in relation to the number of fathers of children born to unmarried parents who claimed the single parent tax credit is not available in the format requested. However, information available relating to the number of single males claiming the single parent tax credit for the years 2005, 2006 and 2007 is as follows:

Year

Number

2005

40,400

2006

42,500

2007

44,200

Figures in the tables are rounded to the nearest 50.

It should be noted that widowed males are not included in the figures provided. The numbers availing of the credit represent income earners who were in a position to absorb at least some of the one parent family tax credit and thereby give rise to an Exchequer cost. They do not include the numbers of potential claimants whose entitlements to other tax credits were sufficient to reduce their liability to tax to nil.

The figure for the year 2005 is based on incomes data derived from income tax returns held on Revenue records and have been grossed-up to an overall expected level to adjust for incompleteness in the numbers of returns on record at the time the data was extracted for analytical purposes. For the years 2006 and 2007 the figures are estimates from the Revenue tax forecasting model using actual data for the year 2005 adjusted as necessary for income and employment growth for the year in question and are therefore provisional and subject to revision.

The numbers requested in relation to separated and divorced parents either could not be obtained or could not be obtained without conducting a protracted examination of the Revenue Commissioners' records.

Jack Wall

Ceist:

189 Deputy Jack Wall asked the Minister for Finance the reason a person (details supplied) in County Kildare has not been in receipt of tax credits for home carers tax credit for the past four years; if they are due a tax rebate in respect of same; and if he will make a statement on the matter. [46394/08]

I have been advised by the Revenue Commissioners that P21s for 2004 to 2007 have been issued to the person concerned. Home carers tax credit has been granted for 2004. For the years 2005, 2006 and 2007, instead of home carers tax credit, the individuals concerned were treated as a married two-earner couple and given the appropriate standard rate band. This tax treatment was more beneficial to the individuals concerned.

Consultancy Contracts.

Andrew Doyle

Ceist:

190 Deputy Andrew Doyle asked the Minister for Finance the reason for the choice of a non-Irish printer to print 2.5 million copies of a PAYE information booklet for Budget 2009. [46515/08]

The Government Supplies Agency (GSA) is a Business Unit of the Office of Public Works, which provides a central procurement service for Government Departments, Offices and Agencies. The GSA was requested by the Revenue Commissioners in August 2008 to arrange the provision of 2.5 million copies of a 16-page PAYE information booklet.

The estimated value of the job was greater than €50,000 but was below the threshold at which the contract must be publicised in the Official Journal of the European Union. In accordance with the Public Procurement Guidelines issued by the Department of Finance, the contract was advertised on the Government's e-tenders website as part of a formal tendering process. The tender documents stated that the contract would be awarded to the tenderer submitting the lowest suitable tender. Fourteen tenders were received, the lowest of which was from Howitt Ltd. of Nottinghamshire, England. This tender complied with all the requirements of the tender competition, and the firm was considered to be capable of satisfactorily carrying out the work. On this basis the contract was awarded to Howitt Ltd.

All public procurement is subject to the fundamental EU Treaty principles of non-discrimination, transparency, freedom of movement, and freedom to provide goods and services. The GSA is not permitted to discriminate on the grounds of nationality in its assessment of tenders.

Pigmeat Sector.

Michael Creed

Ceist:

191 Deputy Michael Creed asked the Minister for Health and Children the function and membership of the expert group convened by the Food Safety Authority of Ireland to provide advice to the CMO on the toxicological and medical issues arising from the detection of PCBs in pork and beef; and if she will make a statement on the matter. [46273/08]

An Expert Group was convened on Sunday, 7 December, by the Food Safety Authority of Ireland (FSAI) at the request of the Chief Medical Officer to provide detailed technical advice on toxicological and medical issues related to dioxin exposure. The Expert Group analysed available evidence on the human health effects of dioxin exposure and conducted an assessment of risk arising from projected exposure in this incident. This group also consulted with the European Food Safety Authority. The risk assessment produced by the European Food Safety Authority on Wednesday, 10 December, corroborated the initial risk assessment conducted by the FSAI and the Expert Group.

Membership of the Expert Group:

Mr John O'Brien (Chair), Chief Executive Officer, Food Safety Authority of Ireland; Dr Iona Pratt, Toxicologist, Food Safety Authority of Ireland; Dr Joe Treacy, Director of the National Poisons Information Centre, Beaumont Hospital; Prof Patrick Wall, Associate Professor of Public Health, University College Dublin; Dr Bill Tormey, Consultant Chemical Pathologist, Faculty of Pathology; Professor James Heffron, Professor of Biochemistry, University College Cork; Dr Philip Mayne, Consultant Paediatric Chemical Pathologist, Children's University Hospital, Temple Street; Prof Dan Collins, Professor of Veterinary Medicine (Retd.), University College Dublin; Dr Brian Redehan, Chief Specialist in Public Health, Food Safety Authority of Ireland; Dr Kevin Kelleher, Assistant National Director of Health Protection, Health Service Executive; Dr Dominique Crowley, Specialist in Public Health Medicine HSE; Christina Tlustos, Toxicologist, Food Safety Authority of Ireland.

Michael Creed

Ceist:

192 Deputy Michael Creed asked the Minister for Health and Children the discussions held with EU authorities between the 28 November 2008 and 6 December 2008 regarding the possibility of taking a decision to recall Irish pork products; and if she will make a statement on the matter. [46276/08]

Denis Naughten

Ceist:

215 Deputy Denis Naughten asked the Minister for Health and Children the reason the Food Safety Authority of Ireland risk analysis of the public safety implications of the dioxin scare only commenced after the decision was made to recall pork products; when the FSAI was first made aware of the contamination; when the chief medical officer of her Department was first informed of the contamination; the reason the FSAI recommended a total product recall; and if she will make a statement on the matter. [46111/08]

Denis Naughten

Ceist:

224 Deputy Denis Naughten asked the Minister for Health and Children the communication to the Food Safety Authority of Ireland over the past six weeks from the Dutch authorities; the issues and concerns raised in each such instance; the actions taken; and if she will make a statement on the matter. [46180/08]

Denis Naughten

Ceist:

243 Deputy Denis Naughten asked the Minister for Health and Children when the Food Safety Authority of Ireland initially contacted the European Food Safety Authority seeking information and assistance regarding the possibility of dioxins in food; and if she will make a statement on the matter. [46388/08]

I propose to take Questions Nos. 192, 215, 224 and 243 together.

The Food Safety Authority of Ireland (FSAI) first became aware of the possible contamination of Irish pig meat with PCB on 28 November 2008 when advised of the results of an analysis conducted by the Department of Agriculture, Fisheries and Food. This result was confirmed on 1 December.

The FSAI's first contact with the Dutch authorities was on Thursday 4 December, when an official of the Dutch Food and Consumer Product Safety Authority informed the FSAI that it was of the opinion that there was a connection between the discovery of PCBs in Irish pig meat and dioxins found in pig meat in the Netherlands. Subsequently the FSAI had several discussions with staff from the Dutch Food and Consumer Product Safety Authority concerning their test results.

The Chief Medical Officer of the Department of Health and Children was first informed of the contamination on the morning of Saturday 6 December.

The decision to recall products was taken on Saturday 6 December, on the basis of the information from test results on pigs from Ireland indicating the presence of high levels of PCBs and dioxin. Based on these results, the applicable legal limits and food intake data from the FSAI's total diet study, the FSAI was able to draw conclusions on the potential danger to the Irish population. A more formal assessment was later made by the European Food Safety Authority (EFSA) which endorsed the decision to recall pork and pork products.

A total recall was recommended in order to minimise the exposure of consumers to dioxin, and because of initial difficulties in identifying the pork derived from animals which had been exposed to the contaminated feed.

On 5 December 2008, the FSAI informed the European Commission through the Rapid Alert System for Food and Feed (RASFF) that an investigation was being conducted by the Department of Agriculture, Fisheries and Food in close collaboration with the FSAI into the source of a contaminant in animal feed.

On 6 December 2008, FSAI notified the European Commission that Ireland was taking steps to remove from sale all pork and bacon products. Following further discussions between the FSAI and European Commission, on 8 December the European Commission requested EFSA to provide a scientific assistance risk on the risk for human health of the possibility of the presence of dioxins in pig meat and pig meat products from Ireland.

Social Welfare Benefits.

James Reilly

Ceist:

193 Deputy James Reilly asked the Minister for Health and Children the reason new clients to the community welfare scheme from Balbriggan have to travel to Gardiner Street to process their applications; the reason a suitable premises has not been found to house the community welfare officers in Balbriggan; and if she will make a statement on the matter. [46308/08]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Asylum Applications.

Denis Naughten

Ceist:

194 Deputy Denis Naughten asked the Minister for Health and Children the number of new asylum applicants who have had a medical assessment on arrival and the cost involved; the number who have had a medical assessment following placement in reception centres here and the cost involved; and if she will make a statement on the matter. [46387/08]

As this is a service matter it has been referred to the HSE for direct reply.

Question No. 195 answered with Question No. 97.

Product Licensing.

James Reilly

Ceist:

196 Deputy James Reilly asked the Minister for Health and Children if she will take immediate action to ensure that all products sold in head shops are regulated by an appropriate body; and if she will make a statement on the matter. [45861/08]

Items available for sale in so-called ‘head shops' are currently not scheduled under Misuse of Drugs legislation. The list of scheduled substances is kept under review on an ongoing basis: for example, in 2006 psychotropic ('magic') mushrooms, which were on sale in such outlets, were banned. Furthermore, following the European Council of Ministers' decision in March 2008 to bring Benzylpiperazine (BZP) under control, my Department will be introducing regulations to give effect to this decision within the March 2009 time-frame set by the Council.

In addition, there are well established communication channels and co-operation between my Department and the Gardaí, the Customs and the Irish Medicines Board and this helps to ensure that the need for further regulatory control is continuously under review.

Hospital Waiting Lists.

Denis Naughten

Ceist:

197 Deputy Denis Naughten asked the Minister for Health and Children when a person (details supplied) in County Longford will be called for an operation; and if she will make a statement on the matter. [45891/08]

As this is a service matter it has been referred to the HSE for direct reply.

Departmental Properties.

Joe McHugh

Ceist:

198 Deputy Joe McHugh asked the Minister for Health and Children if she will provide a list of every building that is being rented or leased by the Health Service Executive here with the annual rental cost to the State of these buildings on a county basis in tabular form. [45892/08

As this is a service matter it has been referred to the HSE for direct reply.

Departmental Expenditure.

Leo Varadkar

Ceist:

199 Deputy Leo Varadkar asked the Minister for Health and Children the number of staff in terms of whole time equivalents who have been assigned by her to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by her Department’s regulations to business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if she will make a statement on the matter. [45947/08]

An Assistant Principal Officer and an Administrative Officer have been assigned responsibility for this task. To date, the proportion of their time devoted to it is of the order of 15%. The staff resources assigned will be reviewed as the position develops.

Hospital Waiting Lists.

Róisín Shortall

Ceist:

200 Deputy Róisín Shortall asked the Minister for Health and Children if she is satisfied with waiting times for dermatology services at Beaumount Hospital, Dublin and the fact that the waiting time for patients stands at 21 months; and if, based on general practitioner referral letters, she is further satisfied that a person (details supplied) in Dublin 11 who was referred to the department suspected with skin cancer has to endure an 18 month wait to see a specialist. [45973/08]

As this is a service matter it has been referred to the HSE for direct reply.

Health Service Expenditure.

Fergus O'Dowd

Ceist:

201 Deputy Fergus O’Dowd asked the Minister for Health and Children the position regarding the proposed Health Service Executive health centre (details supplied) in County Louth; the cost to date of building, leasing, equipping same and all other costs to date incurred for the health centre; the capacity and due date for opening; and if she will make a statement on the matter. [46002/08]

As the Deputy's question relates to service matters it has been referred to the HSE for direct reply.

Health Services.

Finian McGrath

Ceist:

202 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [46015/08]

As this is a service matter it has been referred to the HSE for direct reply.

Finian McGrath

Ceist:

203 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [46016/08]

As this is a service matter it has been referred to the HSE for direct reply.

Finian McGrath

Ceist:

204 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter in relation to a person (details supplied) in Dublin 3. [46017/08]

As this is a service matter it has been referred to the HSE for direct reply.

Private Health Insurance.

Finian McGrath

Ceist:

205 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [46018/08]

With regard to Community Rating: although the Supreme Court found the particular Risk Equalisation Scheme to be ultra vires, it did not strike down the principle of applying risk equalisation or any of the other important elements of the regulatory framework that supports private health insurance in Ireland. A primary objective of Government policy in health insurance is that it should be affordable for the broadest possible cross section of the community including older people and those who suffer ill-health. This policy objective has been implemented through a substantial body of primary and secondary legislation providing for open enrolment, community rating and lifetime cover.

With regard to VHI price increases: successive Voluntary Health Insurance Board Acts have given the company the freedom to design its products and set its prices. As Minister, I have no role in these matters.

Housing Aid for the Elderly.

Finian McGrath

Ceist:

206 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter in relation to a person (details supplied) in Dublin 5. [46019/08]

The Deputy will appreciate that since the end of August 2008, the Housing Aid for Older People (HAOP) scheme, which includes the Essential Repairs Grant has been administered by the local authorities. The Health Service Executive has confirmed that it does not have an application on hand for the individual referred to by the Deputy. The issue raised therefore in this case is primarily a matter for my colleague the Minister for the Environment, Heritage and Local Government.

Private Health Insurance.

Jan O'Sullivan

Ceist:

207 Deputy Jan O’Sullivan asked the Minister for Health and Children the checks carried out by health insurance companies, including the VHI, to ensure that they receive value for money from hospitals and other health service providers and that the procedures, bed nights and so on that they pay for are actually provided to the patient concerned; and if she will make a statement on the matter. [46024/08]

Neither I nor my Department has any role to play in the day to day workings of private health insurance providers.

Nursing Homes Repayment Scheme.

Eamon Scanlon

Ceist:

208 Deputy Eamon Scanlon asked the Minister for Health and Children the reason a person (details supplied) in County Sligo who submitted a claim under the nursing home repayment scheme was refused; and if she will make a statement on the matter. [46031/08]

As this is a service matter it has been referred to the HSE for direct reply.

Eamon Scanlon

Ceist:

209 Deputy Eamon Scanlon asked the Minister for Health and Children the position with regarding a claim by a person (details supplied) in County Sligo under the nursing home repayment scheme; and if she will make a statement on the matter. [46032/08]

As this is a service matter it has been referred to the HSE for direct reply.

Questions Nos. 210 and 211 answered with Question No. 107.

Hospital Services.

Thomas P. Broughan

Ceist:

212 Deputy Thomas P. Broughan asked the Minister for Health and Children the ward closures or other service cutbacks scheduled for 2009 at Beaumont Hospital, Dublin; the services to be scaled down or discontinued in the hospital as a result of budgetary cutbacks; and if she will make a statement on the matter. [46058/08]

As this is a service matter it has been referred to the HSE for direct reply.

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

213 Deputy Leo Varadkar asked the Minister for Health and Children the occasions on which she did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if she will make a statement on the matter. [46071/08]

Leo Varadkar

Ceist:

214 Deputy Leo Varadkar asked the Minister for Health and Children the occasions on which her Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if she will make a statement on the matter. [46086/08]

I propose to take Questions Nos. 213 and 214 together.

The Operational Review of Regulatory Impact Analysis, which was published by the Department of An Taoiseach in July 2008, removed the distinction between screening and full regulatory impact analyses.

Details of Acts of the Oireachtas from 1st June 2008 to date.

Was an RIA conducted?

If no RIA of any kind was conducted, please state why.

The Mental Health Act 2008 (No. 19 of 2008)

No

The Mental Health Act 2008 was emergency legislation prepared at very short notice and passed both Houses in one day. Given the time constraints involved, no RIA was prepared.

Details of Bills from 1st June 2008 to date.

Was an RIA conducted?

If no RIA of any kind was conducted, please state why.

Draft Heads of a Health Information Bill

An RIA is being carried out in the context of progressing this proposed Bill.

N/A

Health Bill 2008 (62 of 2008). The Bill was to give effect to the withdrawal of automatic eligibility for people aged 70 and over and to introduce a new scheme with effect from 1 January 2009.

No

The Bill was to give effect to a Budgetary measure and consequently no RIA was carried out.

Details of EU Directives and regulations from 1st June 2008 to date.

Was an RIA conducted?

If no RIA of any kind was conducted, please state why.

Commission Directive 2008/100/EC of 28 October 2008 amending Council Directive 90/496/EEC on nutrition labelling for foodstuffs as regards recommended daily allowances, energy conversion factors and definitions

No

This Directive was not considered a significant Directive and so did not require a RIA.

Commission Directive 2008/84/EC of 27 August 2008laying down specific purity criteria on food additives other than colours and sweeteners

No

This Directive was not considered a significant Directive and so did not require a RIA.

Commission Regulation (EC) No 1019/2008 of 17 October 2008 amending Annex II to Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs

No

This Regulation was not considered a significant Regulation and so did not require a RIA.

Commission Regulation (EC) No 1029/2008 of 20 October 2008 amending Regulation (EC) No 882/2004 of the European Parliament and of the Council to update a reference to certain European standards

No

This Regulation was not considered a significant Regulation and so did not require a RIA.

Commission Regulation (EC) No 629/2008 of 2 July 2008 amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs (1)

No

This Regulation was not considered a significant Regulation and so did not require a RIA.

Proposed Regulation on the provision of Food Information to Consumers

Yes

N/A

Details of Statutory Instruments from 1st June 2008 to date.

Was an RIA conducted?

If no RIA of any kind was conducted, please state why.

Appointment of Special Adviser to the Minister of State (S.I. 490 of 2008)

No

This is not considered a significant Statutory Instrument in the context of conducting an RIA.

Appointment of Special Advisers to the Minister for Health and Children (S.I. 491 of 2008)

No

This is not considered a significant Statutory Instrument in the context of conducting an RIA.

Delegation of Ministerial Functions to Minister of State, Mr Barry Andrews T.D. (S.I. 479 of 2008)

No

This is not considered a significant Statutory Instrument in the context of conducting an RIA.

Delegation of Ministerial Functions to Minister of State, Mr John Moloney T.D. (S.I. 478 of 2008)

No

This is not considered a significant Statutory Instrument in the context of conducting an RIA.

Delegation of Ministerial Functions to Minister of State, Ms Máire Hoctor T.D. (S.I. 477 of 2008)

No

This is not considered a significant Statutory Instrument in the context of conducting an RIA.

Details of Statutory Instruments from 1st June 2008 to date.

Was an RIA conducted?

If no RIA of any kind was conducted, please state why.

Delegation of Ministerial Functions to Minister of State, Ms Mary Wallace T.D (S.I. 482 of 2008)

No

This is not considered a significant Statutory Instrument in the context of conducting an RIA.

European Communities (Directive 2006/100/EC) (Recognition of Bulgarian and Romanian Medical Qualifications) Regulations 2008 (S.I. No. 393 of 2008).

No

This S.I. was not considered a significant S.I. and therefore did not require a RIA.

European Communities (Manufacture, Presentation and Sales of Tobacco Products) Regulations 2008 (S.I. 255 of 2008)

No

Amendment to a previous S.I. No. 425/2003 giving further effect to Directive2001/37/EC on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products.

Health (Charges for In-Patient Services) (Amendment) Regulations 2008 (S.I. 521 of 2008).

No

Not considered a significant S.I.

Health (Repayment Scheme) (Further Functions of Connected Persons) Regulations 2008 (S.I. 212 of 2008).

No

Not considered a significant S.I.

Health Service Regulations 2008 (S.I. No 519 of 2008)

No

This S.I. increased the Drugs Payment Scheme monthly expenditure threshold from €90 to €100. No significant regulatory change was involved.

Medical Practitioners Act 2007 (Commencement) (No. 2 Order) 2008 (S.I. No. 231 of 2008).

No

This S.I. was not considered a significant S.I.and therefore did not require a RIA.

Medicinal Products (Prescription and Control of Supply) (Amendment) Regulations 2008 (S.I. 512 of 2008)

No

Technical Amendment only.

Poisons regulations 2008 (S.I.511 of 2008)

No

Technical Amendment only.

Recognition of the Professional Qualifications of Nurses and Midwives (Directive 2005/36/EC) Regulations 2008 (S.I. No. 146 of 2008)

No

This is not considered a significant Statutory Instrument in the context of conducting an RIA.

Regulation of Retail Pharmacy Businesses Regulations 2008 (S.I. No 488 of 2008).

No

The purpose of the S.I. was to implement the requirements of Section 18 of the Pharmacy Act and was the subject of a public consultation process, during which interest groups and the public were invited to comment on the draft S.I.

European Communities (Recognition of Professional Qualifications relating to the Profession of Pharmacist) (No.2) Regulations 2008 (S.I. No. 489 of 2008.

Yes

N/A

Question No. 215 answered with Question No. 192.

Health Service Funding.

Michael Noonan

Ceist:

216 Deputy Michael Noonan asked the Minister for Health and Children if her attention has been drawn to the fact that the Health Service Executive approved palliative care centre at a hospice (details supplied) in County Limerick has been completed, but that no funds have been provided to commission the unit; if, in view of the fact that the unit emanated from a 2004 Mid-Western Health Board population needs assessment, she will arrange for the revenue funding to be provided to commission the centre from January 2009; and if she will make a statement on the matter. [46123/08]

The commissioning of new capital units, including that referred to by the Deputy in County Limerick, is a matter for the Health Service Executive in the context of its overall priorities for Palliative Care and in line with agreed capital and revenue resources. Accordingly, as this is a service matter, it has been referred to the Health Service Executive for direct reply.

Health Services.

Jack Wall

Ceist:

217 Deputy Jack Wall asked the Minister for Health and Children the position of an application by a person (details supplied) in County Kildare for orthodontic treatment; and when they will receive an appointment from the regional orthodontic unit, St. James Hospital; and if she will make a statement on the matter. [46126/08]

As this is a service matter it has been referred to the HSE for direct reply.

Finian McGrath

Ceist:

218 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter in relation to a person (details supplied) in Dublin 5. [46153/08]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Waiting Lists.

Caoimhghín Ó Caoláin

Ceist:

219 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. 205 of 5 November 2008. [46156/08]

This matter was referred to the HSE for a direct reply on 5 November. I have now asked the HSE to respond to the Deputy's query without further delay.

Health Services.

Fergus O'Dowd

Ceist:

220 Deputy Fergus O’Dowd asked the Minister for Health and Children if she will provide information to a group (details supplied); and if she will make a statement on the matter. [46157/08]

The HSE has assigned co-ordinating responsibility in respect of this matter to the relevant Area Manager for Consumer Affairs. The issues raised have therefore been referred to the HSE for direct reply to the Deputy.

Services for People with Disabilities.

David Stanton

Ceist:

221 Deputy David Stanton asked the Minister for Health and Children further to Parliamentary Question No. 232 of 2 December 2008, the accuracy of the national intellectual disability database as per the recent audit on same; and if she will make a statement on the matter. [46174/08]

As I stated in my reply on 2 December last, a report on the audit of the National Intellectual Disability Database will be produced in 2009 and will deal with the issue of accuracy of the data held on the database.

David Stanton

Ceist:

222 Deputy David Stanton asked the Minister for Health and Children the position regarding the physical and sensory disability database; and if she will make a statement on the matter. [46175/08]

The National Physical and Sensory Disability Database (NPSDD) was established in 2002. Information for the database is collected by the Health Service Executive (HSE) and non-statutory service providers. The database is managed nationally by the Health Research Board on behalf of the Department of Health and Children. Information for the NPSDD is collected by means of interviews with individuals who meet the registration criteria. The primary focus of the NPSDD is to facilitate service planning and service provision, it also aims to record the details of people availing of, or requiring, a specialised health and personal service. Participation in the NPSDD is voluntary.

Question No. 223 answered with Question No. 100.
Question No. 224 answered with Question No. 192.

Cancer Screening Programme.

James Reilly

Ceist:

225 Deputy James Reilly asked the Minister for Health and Children the number of general practitioners contracted for CervicalCheck; the number of contracts that have yet to be approved; and if she will make a statement on the matter. [46189/08]

James Reilly

Ceist:

226 Deputy James Reilly asked the Minister for Health and Children the number of CervicalCheck smears sent to laboratory (details supplied) to date; the average processing time for same; and if she will make a statement on the matter. [46190/08]

Olivia Mitchell

Ceist:

232 Deputy Olivia Mitchell asked the Minister for Health and Children the turnaround time from sampling to result which currently pertains in respect of the cervical screening programme; and if she will make a statement on the matter. [46241/08]

Olivia Mitchell

Ceist:

233 Deputy Olivia Mitchell asked the Minister for Health and Children the cost per patient of each smear test undertaken under the cervical screening programme; and if she will make a statement on the matter. [46242/08]

Olivia Mitchell

Ceist:

235 Deputy Olivia Mitchell asked the Minister for Health and Children the audits in place to ensure quality and standards of cervical testing; and if she will make a statement on the matter. [46244/08]

I propose to take Questions Nos. 225, 226, 232, 233 and 235 together.

As these are service matters relating to the National Cancer Screening Service, they have been referred to the Chief Executive Officer of the Service for direct reply.

Nursing Homes Repayment Scheme.

James Reilly

Ceist:

227 Deputy James Reilly asked the Minister for Health and Children the reason the health repayment scheme for a person (details supplied) is only being calculated from 1998 despite the fact that he or she was in a nursing home since 1990; when an outcome to his or her appeal can be expected; and if she will make a statement on the matter. [46192/08]

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 received a completed appeal form from the claimant referred to by the Deputy on the 25 August 2008 and the Appeals Officer commenced an investigation of the appeal. When the Appeals Officer has made a determination on this appeal, the claimant will be notified together with the reasons for the decision. The time taken to determine an appeal varies depending on the complexity of the appeal and currently the average completion time for an Appeals Officer's decision is 102 days. As the Health Repayment Scheme is administered by the HSE, the Deputy's query on the calculation of amount of repayment due to the person concerned has been referred for direct reply.

Health Service Expenditure.

Denis Naughten

Ceist:

228 Deputy Denis Naughten asked the Minister for Health and Children the cost in 2006, 2007 and to date in 2008 of translation services in each division of the Health Service Executive; and if she will make a statement on the matter. [46196/08]

As this is a service matter it has been referred to the HSE for direct reply.

Medical Cards.

John Perry

Ceist:

229 Deputy John Perry asked the Minister for Health and Children if she will intercede on behalf of a person (details supplied) in County Sligo and have her medical card restored; and if she will make a statement on the matter. [46199/08]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Nursing Homes Repayment Scheme.

John Perry

Ceist:

230 Deputy John Perry asked the Minister for Health and Children when a person (details supplied) in County Sligo will be granted their money in respect of an illegal charges claim; and if she will make a statement on the matter. [46200/08]

As this is a service matter it has been referred to the HSE for direct reply.

Ambulance Service.

Caoimhghín Ó Caoláin

Ceist:

231 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the location of ambulance service bases in County Meath; the number of personnel per base; the number of active ambulances per base; and the geographic area each base covers and the population they serve. [46237/08]

As this is a service matter it has been referred to the HSE for direct reply.

Questions Nos. 232 and 233 answered with Question No. 225.

Cancer Screening Programme.

Olivia Mitchell

Ceist:

234 Deputy Olivia Mitchell asked the Minister for Health and Children if it is envisaged that the cytology laboratories currently in public hospitals are all to be maintained; the way it is envisaged that cervical checks required outside of the screening programme are to be processed; if they too are to be screened by a company (details supplied) in the USA; and if she will make a statement on the matter. [46243/08]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Question No. 235 answered with Question No. 225.

Medical Cards.

Róisín Shortall

Ceist:

236 Deputy Róisín Shortall asked the Minister for Health and Children the reason for the lengthy delays in processing medical card renewals in Finglas, Dublin 11; her views on the maximum target times which should apply in this regard; and the steps she will take to address this matter. [46279/08]

The Health Service Executive (HSE), through the Schemes Modernisation Programme, has greatly improved the operational efficiency and customer friendliness of its medical card and GP visit card processes in recent years. Progress includes:

A national training programme and the publication of guidelines for staff involved in assessments. Such training and guidelines ensure that the schemes are administered in a standardised way nationally.

The publication of an information booklet for the public on the various schemes available, including the General Medical Services (GMS) Scheme.

The establishment of the HSE call save "infoline", which provides information to the public on health and social services.

The Executive is targeting a standard national response time of 3-6 weeks for the completion of decisions and replies to medical card applications. This target will only apply in cases where all the required information is supplied by the applicant (approximately 90% of cases). However, more complex cases may require a longer turnaround time. I fully support the Executive in its ongoing endeavours to shorten the turnaround time for medical card applications. As the particular issue raised regarding the renewal of medical cards in Finglas, Dublin 11 is a service matter, it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Procedures.

Róisín Shortall

Ceist:

237 Deputy Róisín Shortall asked the Minister for Health and Children if she will report on the number of appointments in the Mater Hospital, Dublin which have been cancelled per month over the past 12 months; if she will report on the practice of sending cancellation letters to patients by taxi; the number of times which this has been done and the cost per month for each of the past 12 months; and if she will make a statement on the matter. [46280/08]

As this is a service matter it has been referred to the HSE for direct reply.

Health Services.

Richard Bruton

Ceist:

238 Deputy Richard Bruton asked the Minister for Health and Children if her Department or the Health Service Executive has considered the establishment of a centre of excellence for the support and treatment of persons with rare chromosome disorders of whom there may be as many as 24,000 nationwide; the criteria that would be applied in deciding whether the development of a centre of excellence was appropriate in cases such as this; and if her attention has been drawn to the work of a voluntary support group (details supplied) which is working with families affected. [46301/08]

As this is a service matter it has been referred to the HSE for direct reply.

Community Care.

James Reilly

Ceist:

239 Deputy James Reilly asked the Minister for Health and Children the terms of reference, the person who set them, if they were followed and the outcome of an internal review into the management of human resource issues in public health-community house nursing in County Meath in 2007; when it will be made available; the amount it cost; and if she will make a statement on the matter. [46307/08]

As this is a service matter it has been referred to the HSE for direct reply.

Assisted Human Reproduction.

James Reilly

Ceist:

240 Deputy James Reilly asked the Minister for Health and Children if it is possible for a patient undergoing IVF treatment as a matter of urgency through the private system to transfer to the public system due to a change in their economic circumstances in view of the fact that they can no longer afford the costly treatment privately; and if she will make a statement on the matter. [46309/08]

Assisted Human Reproductive treatment is not funded under a specific national scheme in the public health system. I am conscious though of the financial burden that such treatment can place on the couples concerned and have asked my Department to consider policy in this regard as part of the process of developing an appropriate regulatory framework for this area. Any proposals that might emerge from that process will have to be considered in the context of the difficult economic situation that now prevails and other competing funding demands across the full range of health issues.

Health Services.

John Cregan

Ceist:

241 Deputy John Cregan asked the Minister for Health and Children when a reply will issue from the Health Service Executive regarding correspondence forwarded to it in respect of cystic fibrosis sufferers in the mid-west region in view of her previous response to this Deputy’s parliamentary question, which indicated that a reply would ensue promptly from the HSE in relation to this matter. [46311/08]

The Health Service Executive has informed my Department that the Executive has replied to the correspondence referred to by the Deputy.

Mental Health Services.

Denis Naughten

Ceist:

242 Deputy Denis Naughten asked the Minister for Health and Children if she will instruct the Health Service Executive to redirect the €70 million reassigned by it from the 2007 and 2008 budget for disability and mental health services back into this area; the budget available in capital and current in each area in 2007, 2008 and projected for 2009; and if she will make a statement on the matter. [46385/08]

As the Deputy's question relates to a service matter I have arranged for the question to be referred to the Health Service Executive for direct reply.

Question No. 243 answered with Question No. 192.

Hospital Accommodation.

Joe Costello

Ceist:

244 Deputy Joe Costello asked the Minister for Health and Children the average number of patients who were medically ready for discharge but who were still occupying beds in the Mater Hospital, Dublin for each year since 2000 to date in 2008; and if she will make a statement on the matter. [46390/08]

As this is a service matter it has been referred to the HSE for direct reply.

Accident and Emergency Services.

Jan O'Sullivan

Ceist:

245 Deputy Jan O’Sullivan asked the Minister for Health and Children the estimate of the number and percentage of cases that are seen in the accident and emergency department of the Mid-Western Regional Hospital, Limerick that are related to the abuse of illegal drugs and of alcohol; and if she will make a statement on the matter. [46393/08]

As this is a service matter it has been referred to the HSE for direct reply.

Health Service Allowances.

Mary O'Rourke

Ceist:

246 Deputy Mary O’Rourke asked the Minister for Health and Children if she will review the case of persons (details supplied) in County Longford who have sought the domiciliary care allowance since June 2008. [46406/08]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Community Care.

Róisín Shortall

Ceist:

247 Deputy Róisín Shortall asked the Minister for Health and Children the number of home care packages allocated in 2007; the number allocated to date in 2008; and the eligibility criteria for same. [46407/08]

As this is a service matter it has been referred to the Health Service Executive for direct reply.

Services for People with Disabilities.

David Stanton

Ceist:

248 Deputy David Stanton asked the Minister for Health and Children the details of the discussions officials from her Department and the Health Service Executive have had with the National Council for Special Education in relation to the educational needs of adults and contact with local authorities and other Government Departments and agencies regarding the sharing of information on assessed needs which are outside her Department’s remit as per commitments in her Department’s Disability Act sectoral plan; the protocols developed as a result; and if she will make a statement on the matter. [46505/08]

In January 2008, the Government announced the establishment of the Office for Disability and Mental Health to support the Minister for Equality, Disability and Mental Health in exercising responsibilities across four Government Departments: Health & Children, Education & Science, Enterprise, Trade & Employment and Justice, Equality & Law Reform. The new Office brings together responsibility for a range of different policy areas and State services which directly impact on the lives of people with a disability and people with mental health issues. The Government's decision to establish the Office for Disability and Mental Health reflects its commitment to developing a more coherent and integrated response to the needs of people with disabilities and mental health issues. The designation of a Minister of State with responsibility for Equality, Disability and Mental Health and the establishment of the Office for Disability and Mental Health will facilitate cross-agency and cross-departmental working and enable us to deliver real benefits to clients and service users into the future.

Under the aegis of this Office, a Cross Sectoral team of officials from the Department of Health and Children, the Department of Education and Science, the Health Service Executive and the National Council for Special Education was established and meets on a regular basis to address issues arising in relation to the implementation of the Disability Act 2005 and the Education for Persons with Special Educational Needs Act 2004 (EPSEN). It had been intended to have the EPSEN Act fully implemented by 2010, and to commence Part 2 of the Disability Act 2005 for 5 to 18 year-olds in tandem. In the light of the current financial circumstances, it is unfortunately necessary to defer the implementation of the above legislation.

However, this does not in any way dilute the Government's commitment in the areas of disability and mental health. The Government has not only protected the increased funding base for disability and mental health services that has been built up over recent years, but has in this Budget provided an additional €20 million for health and education services for children with special educational needs. €10 million of this allocation will be to the HSE, and €10 million to the Department of Education and Science, to enable the services provided to children with special educational needs to be enhanced and strengthened, as a first step towards the full implementation of the EPSEN Act, and of Part 2 of the Disability Act for 5 to 18 year olds, and subsequently to adults, at a later date.

With regard to the specific commitments in the Sectoral Plan relating to housing, income support measures and vocational training and employment issues, the position is that:

A protocol to govern inter-agency cooperation between the HSE and Housing Authorities in relation to services provided for people with a disability has been agreed. The protocol is focused on children under five years who are assessed by the HSE under Part 2 of the Disability Act 2005, and are identified as likely to require housing support. The protocol was developed by the Department of the Environment, Heritage and Local Government and the Department of Health and Children in association with the HSE and the local authorities and is in line with commitments given in the sectoral plans of both Departments following the requirements of section 32 and section 36 of the Disability Act 2005. It details the process to be undertaken between the HSE and local authorities. Further protocols in relation to assessment of need for people with a disability will be developed and implemented in line with the phased implementation of the statutory requirements of Part 2 of the Disability Act 2005 to all age groups. The details of this protocol are available on the Department of the Environment, Heritage and Local Government website at: http://www.environ.ie/en/DevelopmentandHousing/Housing/ SpecialNeeds/DisabledPersons/.

The Government has decided to transfer income support and maintenance schemes to the Department of Social and Family Affairs. An inter departmental implementation group, representative of the Department of Health and Children, the Health Service Executive and the Department of Social and Family Affairs, has responsibility to drive the transfer of allowances in accordance with the Government's decision.

There are 22,400 children in receipt of the Domiciliary Care Allowance. The transfer of Domiciliary Care Allowance to the Department of Social and Family Affairs is a priority for 2009. The legislation is in place and detailed arrangements for the transfer and administration of the Domiciliary Care Allowance by the Department of Social and Family Affairs are being developed.

The Office for Disability and Mental Health is working with the HSE and the Department of Enterprise, Trade and Employment (D/ETE) with a view to promoting a cross-sectoral approach to supporting and enhancing adult day occupational and training services for people with disabilities. Progress on this issue is linked to the HSE National Review on Adult Day Services for People with Disabilities.

In addition, I would draw the Deputy's attention to section 12 of the Disability Act 2005 which provides that liaison officers may furnish a copy of an assessment, report, or any other information which the liaison officer considers appropriate to a public body for the purpose of assisting an applicant in applying for personal or individual services provided by the body relevant to his or her needs.

Road Safety.

Shane McEntee

Ceist:

249 Deputy Shane McEntee asked the Minister for Transport the conditions attached to local government fund payments for the provision of road gritting; if figures are available for the amount paid to each road authority for the provision of gritting; and if he will make a statement on the matter. [46117/08]

Under the Roads Act, 1993, the maintenance of roads, including winter maintenance, is a statutory function of each individual road authority. This work is funded out of each authority's own resources, supplemented in the case of regional and local roads by discretionary and block grants allocated annually by my Department. In the case of national roads, funding for maintenance, which includes the gritting of roads and other safety related work in winter, is provided by my Department to the NRA which allocates it among the local authorities. Maintenance grants by my Department in 2008 amounted to €45.6 million, while €58.21 million was provided through the NRA.

Departmental Expenditure.

Leo Varadkar

Ceist:

250 Deputy Leo Varadkar asked the Minister for Transport the number of staff in terms of whole time equivalents who have been assigned by him to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by his Department’s regulations to business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if he will make a statement on the matter. [45951/08]

Staff in the central co-ordination unit of my Department have been assigned to manage the process to give effect to the Government's commitment to reduce by 25% administrative burdens. As part of this process all Divisions in my Department have been asked to identify information obligations in the legislation that they are responsible for and to prioritise them having regard to their impact on business so that those with the greatest burden on business can be identified and the burden measured and proposals developed to achieve a reduction in the administrative burden. As this work is being carried out in addition to other duties it is not possible to quantify the additional costs arising.

Light Rail Projects.

Finian McGrath

Ceist:

251 Deputy Finian McGrath asked the Minister for Transport if he will support a matter (details supplied). [46020/08]

The cost of an underground metro system depends on a wide range of variables, including ground conditions, size and spacing of stations, tunnel configuration and the amount of land acquisition. There is also a wide range of variables impacting on the cost of on-street light rail systems, including whether it is on-street or off- street, the scale of utilities diversion and so on. A comparison of the type suggested by the Deputy is, therefore, of little practical value. The most fundamental issue, of course, is the level of passenger capacity required on a particular corridor. However, a report for the World Bank in 2000 did try to generalize this issue and pointed out that underground railways are 4 to 6 times the cost of surface railways.

In relation to the part of the Deputy's question on land ownership in the vicinity of the proposed stations on Metro North, the owners and occupiers of all lands affected are publicly available in the book of reference submitted by the RPA to An Bord Pleanála in September last as part of the Railway Order Application for Metro North. It is not clear from the question to which land in the vicinity of Dublin Port the Deputy is referring, particularly as the alignment of Metro North is some distance from the port area.

Departmental Appointments.

Phil Hogan

Ceist:

252 Deputy Phil Hogan asked the Minister for Transport his views on whether a person who, a court has noted, as a director of a limited company failed to ensure that audited accounts were prepared and filed, as required by the Companies Act 1990, is suitable to act as chairman of a State company under the auspices of his Department; and if he will make a statement on the matter. [46035/08]

Phil Hogan

Ceist:

253 Deputy Phil Hogan asked the Minister for Transport the circumstances in which he would be prepared to seek the removal or resignation of a chairman or non-executive director of a State or semi-State company that comes within his Department’s remit; and if he will make a statement on the matter. [46036/08]

I propose to take Questions Nos. 252 and 253 together.

Unless an individual is legally restricted from serving as a director, their suitability or otherwise to serve as a director or chairman of a State company under my Department would generally have to be dealt with on a case-by-case basis, having regard to the relevant statutory provisions.

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

254 Deputy Leo Varadkar asked the Minister for Transport the occasions on which he did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if he will make a statement on the matter. [46075/08]

The information requested by the Deputy is contained in the following table.

Legislation Type

Title

Screening RIA

Reason

S.I. 195/2008

European Communities (Mechanically Propelled Vehicle Entry Into Serve (Amendment) Regulations

N

Not a significant regulation

S.I. 196/2008

European Communities Motor (Motor Vehicles Type Approval)(Amendment) Regulations

N

Not a significant regulation

S.I. 197/2008

European Communities (Passenger Car Entry Into Service) (Amendment) Regulations

N

Not a significant regulation

S.I. 311/2008

European Communities (Vehicle Testing) (Amendment) Regulations

N

Not a significant regulation

S.I. 312/2008

Road Traffic (Driving Mirrors Requirements Vehicles) Regulations

N

Not a significant regulation

S.I. 359/2008

European Communities (Vehicle Drivers Certificate of Competence (No. 2) Regulations

N

Not a significant regulation

S.I. 366/2008

Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations

N

Not a significant regulation

S.I. 464/2008

European Communities (Recognition of Driving Licenses of other Member States)

N

Not a significant regulation

S.I. 471/2008

Road Traffic (Licensing of Drivers) (Amendment) Regulations

N

Not a significant regulation

S.I. 426/2008

European Communities (Common Rules on the Operation of Air Services in the Community) Regulations 2008.

N

Not a significant regulation

S.I. 283 of 2008

European Communities (Harmonisation of Technical Requirements and Administrative Procedures in the Field of Civil Aviation) Regulations 2008

N

Not a significant regulation

SI 279/2008

Roads Act 2007 (Declaration of Motorways) Order 2008.

N

Not Required

SI 248 of 2008

EU Directive 2005/14/EC

N

Not Required

Harbour Rates Order

Harbour Rates (Tralee and Fenit Pier and Harbour) Order 2008.

N

Minor Impact

Harbours Act 1996 Transfer Order 2008.

Harbours Act 1996 (River Moy Commissioners) Transfer Order 2008.

N

Minor impact

Legislation Type

Title

Screening RIA

Reason

S. I. No. 217 of 2008

Sea Pollution (Control of Pollution by Noxious Liquid substances in Bulk) Regulations, 2008

N

It was considered that the proposed Regulation did not involve a significant policy change in an economic market and did not impose a disproportionate compliance burden on third parties.

S. I. No. 281 of 2008

Sea Pollution (Prevention of Pollution by Sewage from Ships) (Amendment) Regulations, 2008

N

It was considered that the proposed Regulation did not involve a significant policy change in an economic market and did not impose a disproportionate compliance burden on third parties.

S. I. No. 282 of 2008

Sea Pollution (Prevention of Pollution by Oil) (Amendment) Regulations, 2008

N

It was considered that the proposed Regulation did not involve a significant policy change in an economic market and did not impose a disproportionate compliance burden on third parties.

S. I. No. 372 of 2008

Sea Pollution (Prevention of Pollution by Sewage from Ships) (Amendment) (No. 2) Regulations, 2008

N

It was considered that the proposed Regulation did not involve a significant policy change in an economic market and did not impose a disproportionate compliance burden on third parties.

SI 246 of 2008. Fishing Vessel (Fees) Regulations 2008Signed July 3rd

Fishing Vessel (Fees) Regulations 2008Signed July 3rd

N

S.I. corrected 2007 Fees Order, RIA not required.

SI 390 of 2008 — Merchant Shipping Fees (Amendment) Order 2008. Signed September 24th 2008

Merchant Shipping Fees (Amendment) Order 2008. Signed September 24th 2008

N

Minor amendment to fees Order, RIA not necessary.

Leo Varadkar

Ceist:

255 Deputy Leo Varadkar asked the Minister for Transport the occasions on which his Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if he will make a statement on the matter. [46090/08]

My Department carried out a screening regulatory impact analysis in November 2008 on the Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system. A screening RIA was carried out on the Road Traffic and Transport Bill. A full RIA was not carried out due to the urgent nature of the Bill.

Road Safety.

Shane McEntee

Ceist:

256 Deputy Shane McEntee asked the Minister for Transport the regulations for the gritting of roads here; the breakdown of financing to local authorities to fund gritting; if he has expressed concerns over the lack of gritting on primary routes; and if he will make a statement on the matter. [46118/08]

Under the Roads Act, 1993, the maintenance of roads, including winter maintenance, is a statutory function of each individual road authority. This work is funded out of each authority's own resources, supplemented in the case of regional and local roads by discretionary and block grants allocated annually by my Department. In the case of national roads, funding for maintenance, which includes the gritting of roads and other safety related work in winter, is provided by my Department to the NRA which allocates it among the local authorities. Maintenance grants by my Department in 2008 amounted to €45.6 million, while €58.21 million was provided through the NRA.

Port Development.

Fergus O'Dowd

Ceist:

257 Deputy Fergus O’Dowd asked the Minister for Transport if public funds are used to fund the Dublin Port Company; and if he will make a statement on the matter. [46312/08]

Fergus O'Dowd

Ceist:

258 Deputy Fergus O’Dowd asked the Minister for Transport if he has ever expressed concern over expenditure practices in the Dublin Port Company; and if he will make a statement on the matter. [46313/08]

Fergus O'Dowd

Ceist:

259 Deputy Fergus O’Dowd asked the Minister for Transport if his attention has been drawn to the reason the Dublin Port Company engages in extensive advertising; and if he will make a statement on the matter. [46314/08]

Fergus O'Dowd

Ceist:

260 Deputy Fergus O’Dowd asked the Minister for Transport if he has received correspondence in 2008 or 2007 that raised financial concerns regarding the Dublin Port Company; and if he will make a statement on the matter. [46315/08]

I propose to take Questions Nos. 257 to 260, inclusive, together.

Dublin Port Company was incorporated in 1997 under the Harbours Act 1996. In accordance with the Act, the company is required to take all proper measures for the management, control, operation and development of the port and is required to conduct its business in a cost-effective and efficient manner. Advertising expenditure is primarily an operational matter for the company.

I am not aware of any correspondence received in my Department raising financial concerns regarding the company. On the contrary, the company has continued to trade profitably over recent years and has paid a dividend to the State for the past two years.

Since corporatisation, the company has received approximately €6.9 million in public funding. This funding was in respect of approved port capacity projects under the NDP 2000-2006 and was made available by way of share purchase under the Harbours Act.

Current policy, as set out in the Ports Policy Statement published in 2005, is that the port companies, as commercial entities, should be capable of funding their operations and infrastructure requirements without recourse to the Exchequer. There is no Exchequer funding provided for under the port sub-programme of the current NDP. However, the port companies themselves are projected to spend between €300 million and €600 million on capital projects over the course of the plan.

Departmental Agencies.

Fergus O'Dowd

Ceist:

261 Deputy Fergus O’Dowd asked the Minister for Transport if in view of the recent experience of public procurement and expenditure guideline breeches in public agencies, he has been in contact with any of his agencies to ensure compliance with Government guidelines; and if he will make a statement on the matter. [46316/08]

The procurement and expenditure activities of the agencies operating under the aegis of my Department are essentially a day-to-day operational matter for the agencies concerned.

Each agency submits an annual report in compliance with the Code of Practice for the Corporate Governance of State Bodies of which compliance with procurement requirements and maintaining a system of internal financial control are integral components.

Last month, I wrote to the Chairpersons of the agencies under my remit advising them of a new approach on corporate governance being introduced by my Department and reminding them of their obligations under the Code of Practice. Since then my Department has written to these Chairpersons drawing their attention to the Department of Finance circulars and instructions concerning travel, subsistence and associated expenses.

The Chairpersons have been requested to confirm that arrangements currently in place in their respective organisations are in compliance with Department of Finance instructions. In addition, the Chairpersons have been advised that, as part of my Department's ongoing corporate governance relationship with their organisations, they will be expected to confirm, on an annual basis, that the arrangements in place in their organisations are in compliance with these Department of Finance instructions.

State Airports.

Jim O'Keeffe

Ceist:

262 Deputy Jim O’Keeffe asked the Minister for Transport the situation in relation to the future of Cork Airport; if the business plan which the board of Cork Airport was required to prepare and submit to him provided for the disposal of the land to the west of the airport which according to the Scott, Wilson, Kilpatrick report should be retained and protected in order that the short runway could be extended if the need arose in the future; and his views on the business plan as proposed. [46317/08]

Pat Breen

Ceist:

267 Deputy Pat Breen asked the Minister for Transport if he will report on the cost of all reports undertaken by his Department in relation to the proposed break-up of the three airports at Shannon, Cork and Dublin since the introduction of the State Airports Bill 2004, to date in 2008; if consultant reports were commissioned; the cost of same; and if he will make a statement on the matter. [46411/08]

Pat Breen

Ceist:

268 Deputy Pat Breen asked the Minister for Transport his plans for the future operation of the three airports at Shannon, Cork and Dublin; if the break-up is being put on hold; the implications of this decision for the future financial and operational requirements of all three airports; and if he will make a statement on the matter. [46412/08]

I propose to take Questions Nos. 262, 267 and 268 together.

The State Airports Act, 2004 provides the framework for the establishment of Shannon and Cork as independent airports. As part of the airport restructuring process the boards of Cork and Shannon airport are required to prepare business plans for eventual separation.

All three airport business plans have to be coordinated by the Dublin Airport Authority for eventual approval by myself and the Minister for Finance. Among the requirements to be satisfied in advance of separation is the need to ensure the financial sustainability of all three state airports.

I have now received business plans from each of the state airports and I have been in consultation with the three Airport Authorities concerning the approach to the separation of Cork and Shannon having regard to the current economic climate and trends in the aviation market generally. I hope to announce the outcome of those consultations shortly. I do not propose to comment on details of the Cork plan at this stage.

Earlier this year I appointed Peter Cassells Consultants to mediate on the issue of the Cork Airport debt. The report prepared for this purpose cost €30,250. The boards of the Dublin and Cork Airport Authorities accepted the outcome of this report.

Air Services.

Fergus O'Dowd

Ceist:

263 Deputy Fergus O’Dowd asked the Minister for Transport if he will make a statement on his recent meetings with companies (details supplied). [46322/08]

On 3 December, I accepted a request from the CEO of Ryanair, as a courtesy, for an informal meeting at which the CEO outlined, in general terms, the main features of their proposed cash offer for all shares in Aer Lingus.

On 11 December I agreed to meet with the CEO and Chairman of Aer Lingus who wished to convey to me their opposition to the Ryanair offer.

I did not indicate to either Ryanair or Aer Lingus any policy position in relation to the proposed takeover. The Deputy will be aware that both companies made public statements following the meetings.

Road Network.

Fergus O'Dowd

Ceist:

264 Deputy Fergus O’Dowd asked the Minister for Transport the start dates for projects in Transport 21 that are yet to get underway; the estimated completion dates of same; and if he will make a statement on the matter. [46323/08]

The construction start dates of projects are determined by the outcome of public consultation, the planning approval process and contract negotiations, and the availability of financial resources.

Indicative completion dates for major projects can be found on the Transport 21 website.

Road Traffic Offences.

Jack Wall

Ceist:

265 Deputy Jack Wall asked the Minister for Transport his views on a submission (details supplied); the plans he has or is proposing to address the concerns expressed; and if he will make a statement on the matter. [46327/08]

The Government recently gave its approval to the drafting of a Road Traffic and Transport Bill, which inter alia proposes a reduction in the legal Blood Alcohol Content (BAC) level for drivers and measures to put in place the compulsory testing of drivers at road traffic collisions.

It is hoped to have the Bill published early next year.

Departmental Expenditure.

Fergus O'Dowd

Ceist:

266 Deputy Fergus O’Dowd asked the Minister for Transport the amount spent by his Department in each year over the past five years, including 2008, on the printing and distribution of publications from his Department; and if he will make a statement on the matter. [46335/08]

The information requested by the Deputy is being compiled and will be forwarded as soon as possible.

Questions Nos. 267 and 268 answered with Question No. 262.

Registration of Title.

John Perry

Ceist:

269 Deputy John Perry asked the Minister for Justice, Equality and Law Reform when an application to the land registry for a map will be supplied to a person (details supplied) in County Sligo; and if he will make a statement on the matter. [46198/08]

Under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November, 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications and which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.

I understand that the PRA has now provided the Deputy with the information requested.

Human Rights Issues.

Pat Breen

Ceist:

270 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform if he has plans to develop a national action plan for human rights; and if he will make a statement on the matter. [46513/08]

Government policy in relation to human rights and equality matters has been to target areas of concern by the development of specific National Action Plans and national strategies. Examples of these, in so far as my Department is concerned, include the National Action Plan against Racism, the National Women's Strategy and the National Disability Strategy. At present, my Department is responsible, as a matter of priority, for the inter-departmental committee established to advise on and monitor the actions required to enable the State to ratify the UN Convention on the Rights of Persons with Disabilities. The Disability Act 2005, underpinned by the National Disability Strategy, will meet a considerable portion of the Convention's requirements.

The Department is also responsible for the coordination of Ireland's reports to the United Nations on the International Convention on the Elimination of all Forms of Racial Discrimination. These reports update the legislative, judicial, administrative and other measures identified to give effect to the provisions of the Convention and are a measure of the Government's achievements on the issues in question in the Convention.

The Deputy will also be aware of the role of the independent Human Rights Commission which operates under the Human Rights Acts 2000 and 2001. The Commission has a strategic plan "Promoting and Protecting Human Rights in Ireland 2007 — 2011" setting out its views on the development and implementation of human rights policy in Ireland.

Garda Investigations.

Aengus Ó Snodaigh

Ceist:

271 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the British security personnel, or members of British police forces who were in or around Broadhaven Bay or Glengad, County Mayo in August or September 2008; and the capacity in which they were there. [45894/08]

I am informed by the Garda authorities that they are not aware of the presence of any British security personnel or members of British police forces in these locations in the period mentioned in the Deputy's Question.

Garda Operations.

Aengus Ó Snodaigh

Ceist:

272 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the costs per month for the past six months of policing the protests against the scheme to install an onshore refinery and high pressure pipeline in Erris, County Mayo; the amount set aside to pay for the policing costs in 2009 to police these protests; and if he is satisfied with the policing of the protests against this scheme to date. [45895/08]

Aengus Ó Snodaigh

Ceist:

273 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the breakdown of the number of arrests of people in regard to the protests against a company (details supplied); the number of those arrested who were charged; and the number and outcome or prosecutions which have resulted. [45896/08]

I propose to take Questions Nos. 272 and 273 together.

In the time available it has not been possible to compile the detailed statistics for the costs associated with policing arrangements for the development referred to in County Mayo. I will communicate further with the Deputy when the information sought is to hand. A specific allocation for policing in the area referred to in 2009 has not been set aside. The allocation of resources will be decided in accordance with the Garda Commissioner's identified operational needs with regard to the circumstances pertaining locally.

In the time available it has not been possible to compile the detailed statistical information on the numbers of arrests, charges and prosecutions in relation to the protests to which the Deputy refers. I will communicate further with him when the information sought is to hand.

Asylum Applications.

Tom Hayes

Ceist:

274 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the position in the case of a person (details supplied) in County Tipperary who has applied for a subsidiary protection order. [45926/08]

I refer the Deputy to Parliamentary Questions No. 379 of Tuesday 24 June 2008 and No. 931 of Wednesday 24 September 2008 and the written Replies to those Questions.

The person concerned applied for asylum on 22 December 2005. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 22 November 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 is passed to me for decision.

The Deputy might wish to note that the person concerned also made an application for permission to remain in the State in accordance with the revised arrangements applicable to the non-EEA national parents of Irish born children, born in the State before 1 January 2005. The revised arrangements in question, commonly referred to as the IBC/05 Scheme, were announced by the Minister for Justice, Equality and Law Reform on 15 January 2005 and the Closing Date for receipt of applications was 31 March 2005. The application of the person concerned was received on 18 January 2006 and, as such, was received much too late for consideration. The person concerned was made aware of the non-acceptance of his IBC/05 application by letter dated 25 January 2006.

Legal Aid Service.

John O'Mahony

Ceist:

275 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the cost to the State of free legal aid for the years 2006, 2007 and to date in 2008 and a breakdown of each category in tabular form; and if he will make a statement on the matter. [45929/08]

As the Deputy will be aware, separate arrangements exist in respect of Criminal and Civil Legal Aid. I can inform the Deputy that the cost to the State for Criminal Legal Aid for the years 2006, 2007 and to date in 2008 are set out in the following table.

Year

Expenditure

€m

2006

42.093

2007

46.365

2008 (to 30 November)

48.858

The State, through the Legal Aid Board, also provides a comprehensive scheme of Civil Legal Aid for persons of modest means. This involves the payment of a contribution by the client towards the cost of the service. The Legal Aid Board incorporates the Refugee Legal Service. I can also inform the Deputy that the cost of providing the Civil Legal Aid Service for the years 2006, 2007 and to date in 2008 are set out in the following table.

Year

Civil Legal Aid

Refugee Legal Service

Total Expenditure

€m

€m

€m

2006

21.913

7.726

29.639

2007

24.288

8.617

32.905

2008

26.988

8.897

35.885

Garda Recruitment.

John O'Mahony

Ceist:

276 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform when the next recruitment to An Garda Síochána will take place; and if he will make a statement on the matter. [45930/08]

There are normally four quarterly intakes of Garda recruits each year. The most recent intake took place in November of this year and it is expected that another intake will occur in February 2009.

Departmental Expenditure.

Leo Varadkar

Ceist:

277 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the number of staff in terms of whole-time equivalents who have been assigned by him to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by his Department’s regulations to business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if he will make a statement on the matter. [45948/08]

As the Deputy will be aware, my Department is participating in the inter-Departmental process, co-ordinated by the Department of Enterprise, Trade and Employment, with a view to reducing by 25% the administrative burden placed on businesses by Government. It is envisaged that the identification, prioritisation and measurement process should be completed by all Departments by the end of 2009. On completion of the measurement exercise, simplification plans will be prepared detailing how the 25% target will be met by the end of 2012.

While it is not expected that my Department will be identified as one of those Departments that imposes the greatest administrative burden on businesses, the work involved to date is currently being carried out as an integral part of the general public policy formation process and other administrative functions within my Department. It is therefore not possible to isolate the staffing and financial resources involved in the manner requested by the Deputy.

Citizenship Applications.

Brendan Howlin

Ceist:

278 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform the status of applications for long-term residency and for naturalisation from a person (details supplied) in County Wexford; when decisions are expected to be made on these applications; and if he will make a statement on the matter. [45957/08]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in July 2007. The Citizenship Division is currently commencing further processing of applications received in mid 2007. The average processing time from application to decision is currently 23 months. More complicated cases can at times take more than the current average while an element of straightforward cases are now being dealt with in less than that time scale.

An application for long term residency from the person referred to by the Deputy was received in March 2008. I understand that applications received in January 2007 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Visa Applications.

Brendan Howlin

Ceist:

279 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform if an application for extension of a visa in respect of a person (details supplied) in County Wexford is under consideration by the naturalisation and immigration service division of his Department; if his attention has been drawn to the fact that the applicant wishes to remain here in order to assist with the care of their grandchildren; if consideration will be given to this application before expiry of the applicant’s current visa on 27 December 2008; and if he will make a statement on the matter. [45965/08]

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 their immigration status. Further documentation has been requested from the person concerned in order to facilitate the Immigration Division in examining their case.

Citizenship Applications.

Joe McHugh

Ceist:

280 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that the New Zealand passport of an applicant (details supplied) in County Donegal for a certificate of naturalisation will expire in May 2009 and that the applicant’s UK work visa will not be valid when the New Zealand passport expires; if he will expedite the application in order to ensure that the applicant’s working visa will be valid after May 2009; and if he will make a statement on the matter. [45970/08]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in June 2008. I have requested Officials in the Citizenship Division of my Department to expedite the application and I have been informed that the file will be submitted to me for a decision in due course.

Public Service Vehicle Licences.

Frank Fahey

Ceist:

281 Deputy Frank Fahey asked the Minister for Justice, Equality and Law Reform the number of public service vehicle licences which have been approved in Galway, Limerick, Cork and Waterford in 2007 and 2008; and the number of applications on hand which have not been approved. [45997/08]

I am informed by the Garda authorities that the number of public service vehicle licences for Galway, Limerick, Cork and Waterford which have been approved and the number which are being processed for 2007 and 2008 are set out in the following tables:

Galway

Licences issued

Applications on hand

2007

378

Nil

2008

401

45

Cork

Licences issued

Applications on hand

2007

712

Nil

2008

700

92

Limerick

Licences issued

Applications on hand

2007

218

Nil

2008

103

69

Waterford

Licences issued

Applications on hand

2007

96

Nil

2008

88

76

Road Traffic Offences.

Tom Hayes

Ceist:

282 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the number of drug driving prosecutions taken by the traffic corps here each year for the past three years; the number of these which succeeded in a conviction; and if he will make a statement on the matter. [46003/08]

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics in relation to the number of drug driving prosecutions sought by the Deputy directly to him.

Road Safety.

Tom Hayes

Ceist:

283 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the number of accidents which have been investigated by the traffic corps here each year for the past three years. [46004/08]

I am informed by the Garda authorities that it is not possible, without the disproportionate expenditure of Garda resources, to provide the statistics requested in relation to the number of collisions investigated by the Traffic Corps. I am also informed that the collection, analysis and dissemination of statistics in respect of road collisions generally is the statutory responsibility of the Road Safety Authority, which is under the aegis of the Department of Transport.

Drug Seizures.

Tom Hayes

Ceist:

284 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the number of seizures of drugs which have been made by the traffic corps here each year for the past three years; and the value of drugs seized each year. [46005/08]

I have been informed by the Garda Authorities that in the timeframe available it has not been possible for them to supply the specific details requested by the Deputy. I will be in contact with the Deputy when the information is to hand.

Legal Aid Service.

Charles Flanagan

Ceist:

285 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the amount of money granted under the criminal legal aid scheme each year for the past six years; and if he will make a statement on the matter. [46006/08]

The information requested by the Deputy is set out in the following table:

Year

Expenditure

€m

2003

37.353

2004

34.140

2005

40.208

2006

42.093

2007

46.365

Jan to Nov 2008 (provisional)

48.858

The courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal aid him/herself. The court must also be satisfied that by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid.

Garda Investigations.

Finian McGrath

Ceist:

286 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter in relation to a person (details supplied) in Dublin 1. [46014/08]

The incident referred to relates to a matter which remains under Garda investigation and it would, therefore, be inappropriate for me to comment further at this time. However, it is open to the person in question to make a complaint to the Garda Síochána Ombudsman Commission, 150 Upper Abbey Street, Dublin 1. The Commission is independent in the exercise of its functions. A complaint may also be made to any member of the Garda Síochána at any Garda Station, to any member of the Garda Síochána at or above the rank of Chief Superintendent at a place other than a Garda Station, or to the Garda Commissioner, and it will be referred to the Garda Síochána Ombudsman Commission. A complaint may be made directly to the Garda Síochána Ombudsman Commission by calling in person to the Dublin office during the stated hours of public business; in writing; by phone Lo-call 1890 600800; by fax; or by using www.gardaombudsman.ie

Garda Disciplinary Proceedings.

Richard Bruton

Ceist:

287 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that a Garda investigation carried out on behalf of the Garda Ombudsman Commission, which results in disciplinary action being taken by the Garda authorities, prevents the Ombudsman Commission from taking further disciplinary action even if it is dissatisfied with the outcome of the investigation; and his views on whether this is an aspect of the legislation which needs to be amended. [46045/08]

The issue to which the Deputy refers has never been brought to my attention as an operational difficulty.

The Deputy should be aware that the Garda Siochana Ombudsman Commission has never been empowered directly to take disciplinary action against a member of the Garda Siochana — it is empowered to recommend disciplinary action to the Garda Commissioner. Under section 26 of the Garda Siochana Act 2005 it is the Commissioner who has statutory responsibility for the direction and control of the Garda Siochana.

As I have previously indicated I intend to bring proposals for legislative change to Government shortly in relation to issues concerning the operation of the Ombudsman Commission, and any case for change on this matter can be considered in that context.

Refugee Status.

Aengus Ó Snodaigh

Ceist:

288 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the status of the application for family reunification of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [46052/08]

I am informed by the Immigration Division of my Department that the person in question made an application for Family Reunification in September 2006 on behalf of his wife and son.

The application was forwarded to the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act, 1996. This investigation has been completed and the Commissioner has forwarded a report to my Department.

The application will be considered by my Department and I am informed that the Immigration Division will be in contact with the applicant shortly.

Citizenship Applications.

Aengus Ó Snodaigh

Ceist:

289 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the average time for processing applications in respect of family reunification; the number of applications and the length of time on the waiting list of the longest pending application; and if he will make a statement on the matter. [46053/08]

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the current waiting time for the processing of applications for family reunification is approximately 24 months.The total number of applications on hands is 1998. The Family Reunification Unit of the INIS received 734 new applications in 2007, while a further 672 new applications were received up to November 2008.

The additional resources that were allocated to the Family Reunification Unit in the middle of 2008 have had a positive effect in the number of applications processed, as is clearly evident from the following table.

Applications Processed in 2007

Decisions Made

Approved

Refused

Withdrawn

Jan-Dec

551

328

177

46

Applications Processed in 2008

Decisions Made

Approved

Refused

Withdrawn

Jan-May

20

11

4

5

Jun

21

21

0

0

Jul

78

20

58

0

Aug

89

43

45

1

Sep

141

100

41

0

Oct

133

85

48

0

Nov

156

61

95

0

Totals to Date

638

341

291

6

Passport Forgeries.

Thomas P. Broughan

Ceist:

290 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of forged Irish passports seized at ports and airports here in 2006, 2007 and to date in 2008; and if he will make a statement on the matter. [46056/08]

Records on PULSE indicated that there were 214 passports recorded as seized in 2006, with 132 Passports seized in 2007 and to date (10th December, 2008), there have are 194 Passports recorded as seized. The majority of these seizures (53 (25%) in 2006, 36 (27%) in 2007 and 58 (30%) in 2008) are recorded at Dublin Airport and Pearse Street Station. The offices of the Garda National Immigration Bureau are located within Pearse Street Garda District, which would account for seizures recorded there.

It is not possible to say whether the Passports seized are Irish or from other jurisdictions. As to determine same would necessitate a disproportionate amount of Garda time and resources.

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

291 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the occasions on which he did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if he will make a statement on the matter. [46072/08]

I can inform the Deputy that the following information is additional to that contained in my reply to PQ Number 207 of 18 June, 2008:

Title of Legislation

Why No RIA Prepared

European Communities (Free Movement of Persons) (Amendment) Regulations 2008 (SI No. 310 of 2008) July 2008

Regulations were required as a direct result of a ruling from the European Court of Justice(in the Metock case C- 127/08) which clarified a point at issue regarding the transposition of a Directive.

Irish Nationality and Citizenship (Fees) Regulations 2008 (SI 294 of 2008)

Increases Citizenship Certification Fees in line with inflation over the period since the last increase. It is a SI of minor scope and impact and does not fall within the scope of RIA guidelines.

Prison (Confirmation of Resolutions) Bill 2008.

The procedure is not appropriate to a Bill of this nature.

Garda Síochána (Ranks) Regulations 2008 (SI 192 of 2008)

This is a technical Statutory Instrument to set the legal maximum number of Members of Garda Síochána in each rank.

SI 274 2008 — Civil Law (Miscellaneous Provisions) Act 2008 (Commencement Order)

Does not fall within the scope of the RIA Guidelines

SI 286 2008 — Intoxicating Liquor Act 2008 (Commencement) Order 2008

Does not fall within the scope of the RIA Guidelines

SI 525 2008 European Communities (European Order for Payment) Regulations 2008

Does not fall within the scope of the RIA Guidelines

SI 533 2008 European Communities (European Small Claims Procedure) Regulations 2008

Does not fall within the scope of the RIA Guidelines

Leo Varadkar

Ceist:

292 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the occasions on which his Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if he will make a statement on the matter. [46087/08]

I can inform the Deputy that the following information is additional to that contained in my reply to PQ No. 792 of 17 June, 2008.

Title of Legislation

Garda Síochána (Ranks) Regulations 2008 ( SI 192 of 2008)

Criminal Justice (Public Order) (Amendment) Bill 2009

Criminal Procedure Bill 2009

Visa Applications.

Joe Costello

Ceist:

293 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) has to apply to the Irish Embassy in Mexico for a visa to visit Ireland; the further reason it is difficult for an Irish citizen who marries abroad to have their spouse granted permanent residency here; and if he will make a statement on the matter. [46096/08]

Visa applications from persons resident in Cuba are lodged at the Embassy of Ireland, Mexico, which handles diplomatic representation for Cuba.

The person referred to is a Cuban national and, as such, is visa-required. Regarding permanent residency, the position is that marriage to an Irish national does not confer either (i) automatic entitlement to residence in the State or (ii) exemption from visa requirements. Should this couple wish to reside together in the State, an application for marriage to an Irish national may be made by writing to the Marriage to Irish National Section, Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2.

Comprehensive information when either making a visa application or applying for marriage to an Irish National is available on the website of the Irish Naturalisation and Immigration Service — www.inis.gov.ie

Residency Permits.

Aengus Ó Snodaigh

Ceist:

294 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in Dublin 9, who applied for residency in June 2008, will receive a response to their application. [46099/08]

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 their immigration status. Further documentation has been requested from the person concerned in order to facilitate the Immigration Division in examining their case.

Employment Rights.

Billy Timmins

Ceist:

295 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform his views on a matter (details supplied); and if he will make a statement on the matter. [46128/08]

The Deputy has asked for my views on the issue of employment rights for people with learning disabilities and the current exam testing process employed by the Civil Service Commission. I understand that the majority of the issues raised in the correspondence referred to have already been addressed by my colleague, the Minister for Finance. Accordingly, I will address the area for which I have responsibility, the UN Convention on the Rights of Persons with Disabilities.

It is the Government's intention to ratify the UN Convention as quickly as possible, taking into account the need to ensure that all necessary requirements under the Convention are being met. Ireland was in the first group of countries to sign, subject to ratification, the Convention when it opened for signature on 30 March 2007. An Inter-Departmental Committee has been established by my Department to advise on and monitor the actions required to enable the State to ratify the Convention. The Committee has developed a work programme that is being actively addressed by Government Departments. I might add that the Disability Act 2005, underpinned by the National Disability Strategy, meets a considerable portion of the Convention's requirements.

Garda Stations.

Olwyn Enright

Ceist:

296 Deputy Olwyn Enright asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to a proposal to re-align the Birr and Roscrea Garda districts along county bounds and despite the fact that Killavilla is in the immediate vicinity of the Roscrea district it will now be served by the Birr station which is more than 12 miles away; if he will re examine the practicality of such a decision; and if he will make a statement on the matter. [46146/08]

In accordance with the provisions of the Garda Síochána Acts 2005 to 2007, proposals to alter the boundaries of a divisional geographical area are a matter in the first instance for the Garda Commissioner in the context of the Annual Policing Plan. The Garda Síochána's 2008 Policing Plan, which was laid before both Houses of the Oireachtas, contains the Commissioner's proposals to realign Garda Divisional boundaries to make them coterminous with local authority boundaries. The planned changes will bring about greater efficiencies and effectiveness in facilitating the establishment and functioning of Joint Policing Committees.

I am advised by the Garda authorities that they are fully satisfied that effective and efficient policing will be delivered in the areas affected by the proposed changes. Project boards established in each Garda division are managing all tasks associated with the roll out including the policing arrangements in the areas identified by the Deputy.

Public Order Offences.

Dan Neville

Ceist:

297 Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform the number of anti-social behaviour orders issued since 1 January 2008. [46147/08]

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, which relates 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 from 1 January to 30 November, 2008 479 behaviour warnings were issued to adults and 469 to children. There have also been eight formal good behaviour contracts agreed in respect of children.

I am further informed that one civil order (adult) and two behaviour orders (children) have been issued by the courts.

Residency Permits.

Damien English

Ceist:

298 Deputy Damien English asked the Minister for Justice, Equality and Law Reform when an application by a person (details supplied) will be decided upon. [46151/08]

I wish to inform the Deputy that the person concerned was initially granted permission to remain in the State as the dependant child of a person who was granted permission to remain on the basis of parentage of an Irish citizen child. This permission expired on 31 May, 2008.

An application from the person concerned for permission to remain in the State, in her own right, has been received in my Department. That application is currently being considered by the relevant officials and the person will be contacted directly and notified of any decisions made regarding her status in the State in due course.

Departmental Funding.

Finian McGrath

Ceist:

299 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [46154/08]

I have written to the organisation in question in the last few days in relation to the matter to which the Deputy refers.

Garda Operations.

Finian McGrath

Ceist:

300 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter in an area (details supplied) in Dublin 5. [46155/08]

I am informed by the Garda authorities that the location referred to by the Deputy is in Clontarf Garda Sub-District. While at present no complaints in respect of the location are the subject of Garda investigation, any such complaints received would be the subject of investigation.

A member of the local Community Policing Unit is allocated to this area and liaises with the local community. An active Neighbourhood Watch Scheme is in place, and the community Garda attends its regular meetings. Any issues raised are attended to.

The area is subject as directed by local Garda management to regular patrols by uniform and plain clothes units, including the Community Policing Unit. Patrols are supplemented by the District Garda Mountain Bike Unit, Detective and Drugs Units, the Divisional Crime Task Force and the Traffic Corps.

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.

Garda Training.

Jim O'Keeffe

Ceist:

301 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of gardaí authorised to carry firearms; and the in-service firearms training arrangements provided annually for such members. [46158/08]

I am informed by the Garda Commissioner that there are currently 3,476 trained firearms cardholders in An Garda Síochána. Firearms cardholders are required to undergo refresher training on three occasions in a 12 month period. This refresher training, which is provided to members of An Garda Síochána on an ongoing basis, consists of two live fire programmes and one FATS (Firearms Automated Training System) programme.

Asylum Applications.

Denis Naughten

Ceist:

302 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the powers which he has to overturn decisions of the Refugee Appeals Tribunal; and if he will make a statement on the matter. [46178/08]

The Refugee Appeals Tribunal was established under the Refugee Act 1996 to consider and decide appeals taken by applicants for asylum against recommendations of the Refugee Applications Commissioner. The recommendation in question is a recommendation, set out in a report of the Commissioner on the investigation of the application under section 13 of the Act, that the applicant concerned should or, as the case may be, should not be declared to be a refugee. Under the legislation, the Minister has no power to overturn a decision of the Tribunal in relation to such an appeal.

Section 17 of the Act provides that subject to the provisions of that section, where a report under section 13 is furnished to the Minister or where the Tribunal sets aside a recommendation of the Commissioner under section 16, the Minister shall, in case the report or, as the case may be, the decision of the Tribunal includes a recommendation that the applicant concerned should be declared to be a refugee, give to the applicant a statement in writing, referred to as "a declaration", declaring that the applicant is a refugee.

Subsection (4) of section 17 provides that the Minister shall not give a declaration to a refugee who has been recognised as a refugee under the Geneva Convention by a state other than the State and who has been granted asylum in that state and whose reason for leaving or not returning to that state and for seeking a declaration in the State does not relate to a fear of persecution in that state.

In addition to the provisions of the Refugee Act, the provisions of the European Communities (Eligibility for Protection) Regulations 2006 also apply. The Regulations were made for the purpose of giving effect in Irish law to Council Directive 2004/83/EC (the Asylum Qualification Directive). Regulation 11 provides that the Minister may refuse to grant a declaration that a person is a refugee where (a) there are reasonable grounds for regarding him or her as a danger to the security of the State, or (b) he or she, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of the State.

Deportation Orders.

Denis Naughten

Ceist:

303 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the powers which he has to overturn the decision to deport an individual following the exhaustion of all other review processes; and if he will make a statement on the matter. [46179/08]

The powers of the Minister for Justice, Equality and Law Reform in the area of repatriation are derived from the provisions of Section 3 of the Immigration Act, 1999 (as amended). Specifically, Section 3(1) of that Act provides for the making of Deportation Orders, Section 3(2) of the Act provides for the circumstances under which such an Order may be made while Sections 3(3) and 3(4) of the Act set out the procedures which must be followed in notifying a person who is illegally present in the State of the Minister's intention to issue a Deportation Order against that person.

The Deputy should note that where a person is notified of the Minister's intention to issue a Deportation Order against them, he/she is afforded the opportunity to submit written representations setting out reasons as to why they should not be deported and should instead be granted temporary leave to remain in the State with any such representations being considered under the various headings set out in Section 3 (6) of the Immigration Act, 1999 (as amended) before a final decision is taken by the Minister in that case. The Deputy should also note that each individual case must be considered having regard for the provisions of Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this detailed consideration has been completed by Department Officials, a recommendation is made to the Minister as to whether a Deportation Order should be made or if, instead, temporary leave to remain in the State should be granted. Where such an Order is made, the enforcement of that Order becomes an operational matter for the Garda National Immigration Bureau.

The Deputy might wish to note that persons notified of the Minister's intention to issue a Deportation Order against them tend to arise from two primary sources i.e. persons whose asylum claims have been refused following the individual assessment of such claims by the two statutory refugee status determination bodies viz. the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal and persons who have otherwise become illegally resident in the State arising from the expiry of a Visa or Work Permit or persons identified as having been working illegally in the State. The Deputy should note that the same detailed consideration process is applied to all cases and regardless of whether or not written representations are submitted. In light of the above, the Deputy will appreciate that decisions to make Deportation Orders are not taken lightly and indeed such decision making is guided by, among other things, international law and Supreme and High Court Judgments.

In relation to the Deputy's enquiry about possible powers to overturn a deportation decision, Section 3 (11) of the Immigration Act, 1999 (as amended) specifically provides the Minister for Justice, Equality and Law Reform with the power to revoke a Deportation Order where circumstances dictate that he should do so. However, the Deputy will appreciate that any application made under Section 3 (11) of the Act would need to be supported by information or documentation that was not, or could not have been, considered by the Minister in arriving at the earlier decision to make the Deportation Order.

Asylum Applications.

Denis Naughten

Ceist:

304 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the number of asylum applicants residing here at the end of 2001 who were still awaiting a final decision on their application; and if he will make a statement on the matter. [46194/08]

As the Deputy will be aware, applications for asylum 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.

At 31 December 2001, there were 8,483 asylum applications pending at first instance in the Office of the Refugee Applications Commissioner and 2,775 asylum applications pending at appeal stage in the Refugee Appeals Tribunal.

Denis Naughten

Ceist:

305 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the number of asylum applicants who submitted an application for protection in each of the years 2002 to 2008 inclusive; the number of applicants reaching the completion of the process in each year concerned; the number of applicants awaiting a decision at the end of each year concerned; and if he will make a statement on the matter. [46195/08]

The information requested by the Deputy in relation to asylum applications received in Ireland is set out in the following tables:

Table 1: Asylum applications received 2002-2008 (30/11)

Year

Applications Received

2002

11,634

2003

7,900

2004

4,766

2005

4,323

2006

4,314

2007

3,985

2008 (30/11)

3,566

Table 2: Asylum Applications completed at First Instance and at Appeal Stage 2002-2008 (31/10)*

Year

First Instance

Appeal Stage

Total

2002

15,201

5,283

20,484

2003

8,641

4,767

13,408

2004

7,121

6,279

13,400

2005

5,682

4,021

9,703

2006

4,784

1,943

6,727

2007

4,152

1,883

6,035

2008 (31/10)

3,847

2,062

5,909

*Please note that the figures in the table refer to the year in which the decision was made and not the year of application.

Table 3: The number of asylum applications pending at the end of each year 2002-2008 (31/10)

Year

First Instance

Appeal Stage

Total

2002

5,094

2,582

7,676

2003

4,554

2,835

7,389

2004

2,350

1,281

3,631

2005

1,169

1,200

2,369

2006

924

2,415

3,339

2007

1,279

3,056

4,335

2008 (31/10)

1,231

3,507

4,738

Citizenship Applications.

Bernard J. Durkan

Ceist:

306 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [46208/08]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in September 2007.

On examination of the application it was determined that the person in question did not meet the residency requirements as set out in the Irish Nationality and Citizenship Act, 1956, as amended. The applicant was informed of this in a letter issued on 6 February, 2008.

It is open to the person concerned to lodge a new application if and when she is in a position to meet the statutory requirements applicable at that time.

Residency Permits.

Bernard J. Durkan

Ceist:

307 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [46209/08]

I refer the Deputy to the Reply given to his Parliamentary Question No. 95 on Thursday 4 December 2008. The status of the person concerned remains as set out in that Reply.

Bernard J. Durkan

Ceist:

308 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [46210/08]

I refer the Deputy to the detailed Reply I gave to his recent Parliamentary Question, No. 96 of Thursday, 4 December 2008, in this matter. The position in the State of the person concerned is as set out in that Reply.

Bernard J. Durkan

Ceist:

309 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [46211/08]

I refer the Deputy to the detailed Reply I gave to his recent Parliamentary Question, No. 97 of Thursday, 4 December 2008, in this matter. The position in the State of the person concerned is as set out in that Reply.

Bernard J. Durkan

Ceist:

310 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [46212/08]

I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 98 of Thursday, 4 December 2008, in this matter. The position in the State of the person concerned is as set out in that Reply.

Bernard J. Durkan

Ceist:

311 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [46213/08]

I refer the Deputy to the Reply given to his Parliamentary Question No. 99 on Thursday 4 December 2008. Further to that Reply, I wish to advise the Deputy that the person concerned has continued to meet her presentation requirements with the Garda National Immigration Bureau (GNIB) and is due to present again on Thursday 15 January 2009.

Since my earlier Reply in this matter, it has come to the attention of my officials that the person concerned has recently lodged an asylum application in respect of her new infant daughter born earlier this year in the State. On foot of this development, my officials have requested the GNIB not to enforce the Deportation Order of the person concerned until her daughter's asylum application is determined.

Bernard J. Durkan

Ceist:

312 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [46214/08]

I would again refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 928 of Wednesday, 24 September 2008, in this matter. The position in the State of the person concerned is as set out in that Reply.

Bernard J. Durkan

Ceist:

313 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current of expected residency status in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [46215/08]

The person referred to by the Deputy applied for Asylum on 27 February 2006. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner's recommendation was communicated to him by letter dated 3 May 2006. This communication advised the person of his entitlement to appeal the Commissioner's recommendation to the Refugee Appeals Tribunal, which he duly did.

The Refugee Appeals Tribunal considered the person's appeal, following which the Tribunal affirmed the Commissioner's earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 19 November 2008.

In accordance with normal procedures, the applicant's file has been forwarded to my Department's Ministerial Decisions Unit for final processing of the Asylum claim. A letter will issue to him shortly from my Department advising him formally that his asylum claim has been rejected and affording him three options as follows:

1. Return home voluntarily

2. Consent to the making of a deportation order, or

3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).

Bernard J. Durkan

Ceist:

314 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current position regarding 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. [46217/08]

I am informed by the Immigration Division of my Department that they have no record of an application for Family Reunification from the person referred to by the Deputy.

Bernard J. Durkan

Ceist:

315 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [46218/08]

I refer the Deputy to the detailed Reply I gave to his recent Parliamentary Question, No. 93 of Thursday, 4 December 2008, in this matter. The position in the State of the person concerned is as set out in that Reply.

Bernard J. Durkan

Ceist:

316 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position regarding a family reunification application in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [46219/08]

I refer the Deputy to my Reply to his previous Parliamentary Question of Thursday, 4th December, 2008.

I am informed by the Immigration Division of my Department that a response has not been received to date to correspondence which issued to the person in question on 24 November 2008. The person in question should reply to this letter in order to facilitate further processing of his application.

Bernard J. Durkan

Ceist:

317 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [46220/08]

I refer the Deputy to the detailed Reply I gave to his recent Parliamentary Question, No. 112 of Thursday, 4 December 2008, in this matter. The position in the State of the person concerned is as set out in that Reply.

The Deputy might however wish to note that the letter dated 29 January 2008 referred to in that Reply was re-issued to the person concerned on 5 December 2008 as the letter issued on the earlier date contained one incorrect detail. The case of the person concerned will be considered further upon receipt of a response to my Department's letter dated 5 December 2008.

Citizenship Applications.

Bernard J. Durkan

Ceist:

318 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [46221/08]

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 on 17 February 2006.

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 the applicant of this was issued on 19 April 2006. This letter was re-issued to a new address on 20 October 2006.

My officials have observed that the address provided in the details to this question differ from that provided to Citizenship Section by the person concerned. I should point out that if the person in question has changed address, the onus is on him to keep the Department informed of any such change of address.

It is open to the individual in question to lodge a new application if and when he is in a position to meet the statutory residency requirement applicable at that time.

Asylum Applications.

Bernard J. Durkan

Ceist:

319 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a review will be undertaken on foot of appeal on humanitarian grounds to remain here in the case of persons (details supplied); and if he will make a statement on the matter. [46222/08]

The persons concerned entered the state and applied for asylum on the 5th May 2004. They were refused a declaration of asylum on the 17th and 30th January 2006 respectively. Representations for Leave to Remain were received on behalf of the persons concerned on the 6th February 2006, 8 August 2007 and the 18th June 2008. The persons concerned made applications for Subsidiary Protection under the European Communities (Eligibility for Protection) Regulations, 2006 (Statutory Instrument No. 518 of 2006) and their applications were refused by my Department on the 23rd September 2008 and 1st October 2008. I considered all of the files of the persons concerned and all representations received before determining to make Deportation Orders in respect of them on the 30th October 2008.

The persons concerned instituted Judicial Review proceedings in the High Court on the 21st August 2008 seeking an Order of Mandamus that the Minister consider their Leave to Remain application. The persons concerned have now sought a Notice of Motion on the 21st November 2008 to amend their statement of grounds to challenge my decision to make Deportation Orders in respect of the persons concerned and determining that the persons concerned were not eligible for Subsidiary Protection. Accordingly, this case is sub judice and I do not propose to comment further on this matter.

Bernard J. Durkan

Ceist:

320 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [46223/08]

I refer the Deputy to Parliamentary Questions Nos. 866 and 1006 of Wednesday, 24 September 2008, 376 of Tuesday, 24 June 2008 and 406 of Tuesday, 8 April 2008 and the written Replies to those Questions.

The person concerned applied for asylum on 23 October 2003. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, 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 16 February 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 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.

Bernard J. Durkan

Ceist:

321 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [46224/08]

I refer the Deputy to the detailed Reply I gave to his recent Parliamentary Question, No. 294 of Tuesday, 9 December 2008, in this matter. The position in the State of the person concerned is as set out in that Reply.

Residency Permits.

Bernard J. Durkan

Ceist:

322 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; and if he will make a statement on the matter. [46225/08]

I have been informed by the Immigration Division of my Department that to date they have not received an application from the person referred to in the Deputy's question. It is open to the person concerned to apply in writing to the Immigration Division of my Department, at 13/14 Burgh Quay, Dublin 2.

Garda Deployment.

Joe Costello

Ceist:

323 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the number of gardaí assigned to the Garda vetting unit; and if he will make a statement on the matter. [46310/08]

There is one Superintendent and five Sergeants assigned to the Garda Central Vetting Unit at present. In addition, 70 civilian personnel are also assigned to the unit.

Asylum Applications.

Denis Naughten

Ceist:

324 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the number of new asylum applicants who sought protection from the State to date in 2008; and if he will make a statement on the matter. [46387/08]

In 2008, to the end of November, 3,566 applications for asylum were received by the Office of the Refugee Applications Commissioner.

Registration of Title.

Sean Fleming

Ceist:

325 Deputy Seán Fleming asked the Minister for Justice, Equality and Law Reform when the registration of a property (details supplied) in County Laois will be completed; and if he will make a statement on the matter. [46398/08]

Under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November, 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.

The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications and which was introduced in May 2006. The service provides a speedier, more efficient, and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.

I can further inform the Deputy that his query has been forwarded to the Property Registration Authority for attention and direct reply via the above mentioned service.

Juvenile Offenders.

David Stanton

Ceist:

326 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform the number of Garda youth diversion projects in operation; the number of young people participating in each project; the location, number of staff, budget allocation and expenditure of each in 2008 and 2009 respectively; and if he will make a statement on the matter. [46499/08]

David Stanton

Ceist:

327 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform the number of new Garda youth diversion project applications received in 2008; the number of same which were approved and are in operation; the number of young people participating in youth diversion projects; and if he will make a statement on the matter. [46500/08]

David Stanton

Ceist:

328 Deputy David Stanton asked the Minister for Justice, Equality and Law Reform the number of young people who were referred to the Garda youth diversion programme in 2006, 2007 and to date in 2008; and if he will make a statement on the matter. [46501/08]

I propose to take Questions Nos. 326 to 328, inclusive, together.

Most of the information requested by the Deputy is contained in my replies to Questions 301 to 303 of 18th of November 2008, and Questions 343 and 345 of 25th November 2008.

As regards the additional information now being sought, I can confirm that 20,016 children were referred to the Garda Youth Diversion programme in 2006, and 21,941 in 2007. Figures for 2008 are not available yet.

Participant numbers in Garda Youth Diversion projects for the first six months of this year are in excess of 3,800. A breakdown by project is not readily available at this stage. There are 100 projects ongoing nationwide.

The following table sets out the amount allocated in funding to each project in 2008. Information on expenditure in 2008 is not available as yet. The position in relation to 2009 is that funding for individual projects has yet to be decided but there is currently an allocation of €20.26 million for community programmes which includes Young People's Probation and Garda Youth Diversion projects. Information on the number of staff employed in the projects cannot be collated in the time available but will be forwarded to the Deputy as soon as possible.

Finally, I am informed that a total of 38 project applications received in 2008 are being considered in accordance with project guidelines. The planned expansion in the number of projects beyond the existing 100 is currently being assessed in the light of the changed economic climate and, in this context, the focus will be on ensuring the quality and effectiveness of the services provided.

Project

Location

Allocation 2008

ABLE

Ballyfermot, Dublin 10

91,170

ACORN

Edenderry, Co. Offaly

110,240

ALF

Athlone, Co. Westmeath

82,982

An tOileain

Castleisland, Co. Kerry

79,500

An Treóin

New Ross, Co. Wexford

79,500

APT

Tallaght, Dublin 24

79,500

BALL

Lisduggan, Co. Waterford

104,353

BAN

Ballybane, Co. Galway

82,260

Bandon

Bandon, Co. Cork

97,618

BAP

Ballincollig, Cork city

90,000

BAPADE

Killarney, Co. Kerry

104,180

BEST

Ballymun, Dublin 11

79,500

BLOCK

Portlaoise, Co. Laois

97,517

Boyne

Drogheda, Co. Louth

79,500

Brookefield

Tallaght, Dublin 24

79,500

CABLE

Drogheda, Co. Louth

79,500

Cabra Step Up

Cabra, Dublin 7

79,500

Cavan 365

Cavan Town

90,100

CCYDG

Moyross, Limerick City

265,826

CLAY

Crumlin, Dublin 12

79,500

CODY

Ballyfermot, Dublin 10

96,291

COMPASS

Kilkenny City

118,391

Connect 7

Tralee, Co. Kerry

95,400

CYAP

Castlebar, Co. Mayo

84,800

CYD

Clonmel, Co. Tipperary

97,444

DAN

Donore Ave., Dublin 8

99,282

DAY

Dungarvan, Co. Waterford

92,459

DIME

Hardwicke St., Dublin 1

103,719

Douglas West

Douglas West, Co. Cork

79,500

EDGE

Carrick-On-Suir, Co. Waterford

79,500

EFFORT

Finglas, Dublin 11

79,500

Ennis Youth

Ennis, Co. Clare

106,995

EYE

Mullingar, Co. Westmeath

101,535

Falcarragh

Falcarragh, Co. Donegal

79,500

FAN

Finglas, Dublin 11

79,500

FAYRE

Farranree, Cork City

88,478

Feabhas

Cobh, Co. Cork

79,500

GAP

The Glen, Cork City

96,278

GRAFT

Clondalkin, Dublin 22

98,060

HAY

Dunne St., Dublin 1

96,886

High Voltage

Dundalk, Co. Louth

88,265

HUB

Carlow Town

79,500

JAY

Tallaght, Dublin 24

106,552

JETS

Swords, Co. Dublin

79,500

Junction

Ballinasloe, Co. Galway

79,500

JUST US (Tralee)

Tralee, Co. Kerry

95,400

KEY

Tallaght, Dublin 24

177,244

Kilrush

Kilrush, Co. Clare

79,500

King’s Island

St Mary’s Park, Limerick City

95,400

Knocknaheeney/Holyhill

Knocknaheeney, Cork City

108,638

LAB

Loughlinstown, Co. Dublin

91,290

LEAF

Raphoe, Co. Donegal

102,302

LEAP

Longford Town

88,730

LSCYI

Roxboro, Limerick City

108,638

Mallow

Mallow, Co. Cork

79,500

MAY

Blackrock, Cork City

94,788

MEAS

Knocknacarra, Galway City

79,500

MNYP

Monaghan Town

83,868

MOST

North Circular Road, Dublin 1

90,561

MY

Tralee, Co. Kerry

84,800

New Directions

Bray, Co. Wicklow

104,811

NICKOL

Buckingham St., Dublin 1

128,730

NK 10

Listowel, Co. Kerry

79,500

Northside Youth Development Project

Ballynanty, Limerick City

95,400

NYPD

Navan, Co. Meath

140,592

ORB

Blanchardstown, Dublin 15

79,500

PACT

Ferrybank, Waterford City

96,240

Poddle Close

Crumlin, Dublin 12

82,409

PORT

Portarlington, Co. Laois

79,500

RAD

Roscommon Town

85,955

RAY

Roscrea, Co. Tipperary

79,500

SAFE

Coolcotts, Co. Wexford

89,066

SAY

Sandyford, Dublin 18

110,000

Slaney

Enniscorthy, Co. Wexford

79,500

SMART

Trim, Co. Meath

86,210

SUB

Birr, Co. Offaly

106,410

SWAN

Store St., Dublin 1

79,500

SWAY

St. John’s Park, Waterford City

91,630

SWIFT

Clondalkin, Dublin 22

90,100

TACT

Togher, Co. Cork

85,510

TAR

Tipperary Town

79,500

TEAM

Dundalk, Co. Louth

141,916

The Bridge

Celbridge, Co. Kildare

79,500

The Castle

Ballyogan, Dublin 18

79,500

The Curragh

The Curragh, Co. Kildare

79,500

The Valley

Clondalkin, Dublin 22

79,500

Treo Nua

Tuam, Co. Galway

79,500

Tullamore

Tullamore, Co. Offaly

79,500

TYRE

Tramore, Co. Waterford

79,500

Watergate/Garryowen

Watergate/Garryowen, Limerick City

79,500

WAY

Wicklow Town

90,075

WEB

Blanchardstown, Dublin 15

93,751

West Limerick

Newcastle West, Co. Limerick

79,500

Woodale GYDP

Darndale, Dublin 17

116,335

YAB

Ballina, Co. Mayo

102,480

YAK

Coolock, Dublin 5

89,346

YAPS

Sligo Town

97,439

YEW

Ballyboden, Dublin 16

84,261

YIS

Meath St., Dublin 8

88,582

Youghal

Youghal, Co. Cork

79,500

Total

9,326,988

Foreign Military Personnel.

Aengus Ó Snodaigh

Ceist:

329 Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs the British security personnel, army, navy or otherwise, or members of British police forces who were in or around Broadhaven Bay or Glengad, County Mayo in August or September 2008; and the capacity in which they were there. [45893/08]

No permission was sought or granted at any stage during 2008 for any member of a foreign military service to be present in the locations mentioned by the Deputy. Moreover, I understand that the Department of Defence has no knowledge of any such presence.

The second part of the Deputy's question regarding foreign police forces is a matter for the Minister for Justice, Equality and Law Reform.

Visa Applications.

Michael D'Arcy

Ceist:

330 Deputy Michael D’Arcy asked the Minister for Foreign Affairs when the new one year working J visas to the United States can be applied for; and if he will make a statement on the matter. [45898/08]

As the Deputy will be aware, the United States Deputy Secretary of State, John Negroponte, and I signed a Memorandum of Understanding establishing a new Working Holiday Programme between our two countries in Washington on 24 September.

Since the signing of the Memorandum of Understanding, my Department, in consultation with the Department of Justice, Equality and Law Reform and the Department of Enterprise, Trade & Employment, has moved quickly to finalise arrangements for US citizens interested in working and travelling in Ireland. A comprehensive step by step guide and application form for US applicants has been prepared and distributed to our Missions in the United States. We are ready to begin accepting applications from US citizens, and will do so as soon as the US State Department has finalised its arrangements for Irish citizens.

We have been actively emphasising to the State Department the need to ensure that the Programme is fully operational at the earliest possible date. In response, the State Department has assured us that it is actively working to finalise its arrangements and will shortly complete this process.

Departmental Expenditure.

Leo Varadkar

Ceist:

331 Deputy Leo Varadkar asked the Minister for Foreign Affairs the number of staff in terms of whole-time equivalents who have been assigned by him to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by his Department’s regulations to business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if he will make a statement on the matter. [45946/08]

The cost of implementing and supporting Better Regulation is difficult to quantify in terms of staff numbers or specific budgets, as these obligations fall into much of the day to day work of a number of sections within my Department. There is no separate budget line maintained by my Department for Better Regulation.

As the Deputy will be aware, my colleague, the Tánaiste and Minister for Enterprise, Trade and Employment, Mary Coughlan, TD, has the lead role in achieving the reduction of administrative burdens on business by 25% and has tasked her Department with coordinating the overall process across Government Departments.

My own Department has engaged fully with the identification, prioritisation and measurement process, an exercise which all Departments are currently undertaking. Legislation which falls under the remit of my Department has been examined to ascertain whether it contains any regulations which impose an administrative burden on business. My Department has not to date identified any areas of regulation, within our remit, which place an administrative burden on business.

We will continue to keep this under review and maintain close contact with the Department of Enterprise, Trade and Employment on the matter.

Foreign Conflicts.

Finian McGrath

Ceist:

332 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support a matter (details supplied) regarding the humanitarian catastrophe in Sri Lanka. [46011/08]

I am deeply concerned by the escalation in fighting which has taken place in recent months in the northern part of Sri Lanka, including in the Vanni region, and by the humanitarian plight which has affected the people there. The situation has been exacerbated by Cyclone Nisha which hit northern Sri Lanka on 25 November, causing heavy rains and flooding which reportedly forced up to 70,000 people to relocate. Humanitarian assistance to these people has been hindered by the decision of the Sri Lankan authorities in September to order nearly all international humanitarian NGOs to withdraw their staff and operations from the Vanni conflict area.

Bilaterally, and with our EU partners, we have consistently sought to impress on both the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE) the importance of engaging in meaningful peace talks and stopping all violence and human rights violations. We deeply regret the termination of the 2002 Ceasefire Agreement between the Government of Sri Lanka and the LTTE in January of this year. We continue to take the firm view that there can be no military solution and urge all sides to refrain from actions that make a negotiated settlement more difficult to achieve.

As one of the four co-chairs of the 2003 Tokyo Conference on the Reconstruction and Development of Sri Lanka, the EU too is anxious to maintain an active role in assisting the country to resolve its internal conflicts, work on national reconciliation and move forward on the development agenda. Following a meeting of the Co-Chairs of the Conference on 24 September last, the Presidency expressed again its concern in relation to human rights and the plight of civilian populations isolated by combat in the north of the country. It called on the parties involved to respect the fundamental principles of international humanitarian law and noted the obligation of the Sri Lankan Government to ensure protection of its civilians and to meet their needs. In this context, it underlined the essential role of humanitarian organisations and reaffirmed its support for the actions of the United Nations agencies and the international NGOs. Ireland fully supports the terms of this Presidency statement.

Since 2005, we have provided, through Irish Aid, more than €5.3 million for humanitarian and development activities in Sri Lanka. This includes significant emergency assistance provided in the aftermath of the tsunami in 2004. In addition, during 2008 over US$12 million has been allocated from the UN's Central Emergency Response Fund to Sri Lanka.

Two members of Ireland's Rapid Response Corps have been deployed as Logistics Officers with the World Food Programme (WFP) in Sri Lanka, and Irish Aid provided a grant of €250,000 this year to the WFP to strengthen its logistics and preparedness capacity, providing considerable benefits to the wider humanitarian community operating in Sri Lanka.

Ireland is willing to offer advice and assistance in support of the peace process if it is sought by the relevant parties. However, there currently appears little scope to do so in light of the negative situation within the country.

Diplomatic Representations.

Finian McGrath

Ceist:

333 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support a matter (details supplied). [46012/08]

As I indicated in my reply to the Deputy on 16 October, I instructed the Irish Embassy in Paris to contact the Tribunal de la Police again to request an update on the investigation into the assault suffered by the person concerned.

In response to the Embassy's immediate representations, a reply from the Police Commissioner in Lourdes was received on 12 December on the outcome of the police investigation. This stated that the Police Commissioner had decided that no further investigation or follow-up was required as it was not possible, in his view, to establish sufficiently the facts of the case.

Our Embassy has informed the person concerned of this decision, which I very much regret.

Visa Applications.

Finian McGrath

Ceist:

334 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support a matter (details supplied). [46013/08]

As the Deputy will appreciate, requirements for permission to enter and work in Australia are solely matters for the Australian authorities. The person mentioned by the Deputy should remain in close contact with the Australian authorities in New Zealand to seek early clarification on the status of her visa application to return and work in Sydney.

Mary O'Rourke

Ceist:

335 Deputy Mary O’Rourke asked the Minister for Foreign Affairs if he will review the case of a person (details supplied). [46047/08]

It has not been possible, within the timeframe permitted, to undertake a comprehensive review of this visa application, which was lodged at the Visa Office of the Irish Embassy in New Delhi.

I have requested that the Visa Office further examine this application, and an official in my Department will revert directly to the Deputy once we have undertaken a more detailed review of the matter.

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

336 Deputy Leo Varadkar asked the Minister for Foreign Affairs the occasions on which he did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if he will make a statement on the matter. [46070/08]

Leo Varadkar

Ceist:

337 Deputy Leo Varadkar asked the Minister for Foreign Affairs the occasions on which his Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if he will make a statement on the matter. [46085/08]

I propose to take Questions Nos. 336 and 337 together.

I am fully committed to achieving the goals set out in the Action Plan for Better Regulation and believe that improvements in regulation can have a positive impact on the quality of engagement between the public and Government.

Most of the legislation brought forward by my Department does not impact significantly on the regulatory environment. Regulatory Impact Assessments are, however, carried out on all appropriate legislation.

Since June of this year, my Department has been involved in preparing a number of pieces of legislation. These have been assessed to establish the likely impact on the regulatory environment. I have set out below, details of the legislation and also the regulatory impact assessments which have been carried out.

The Cluster Munitions and Anti-Personnel Mines Bill 2008 was signed into law on 2 December 2008. The Bill was brought forward in order to give effect to two international agreements — the Convention on Cluster Munitions and the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction. As the Bill did not exceed what was required to implement these two international Conventions, and was assessed to have no impact of the regulatory environment, it was determined that no formal Regulatory Impact Assessment was needed.

The Irish Diaspora Endowment Fund Bill is being put in place to allow the Government to contribute funds to the Ireland Funds. A screening Regulatory Impact Assessment was carried out on this legislation. As the Deputy will be aware, the decision to conduct a full RIA is taken if the initial screening has highlighted possible significant impacts; these are defined as those which have substantial and observable effects either on the economy, on a sector of society or on the environment. In this case, the RIA screening concluded that, as the legislation would not have a significant impact in these areas, a full RIA was not required.

A Statutory Instrument (S.I No 220 of 2008) was made by the Minister for Foreign Affairs on 25 June 2008. The Instrument was made under the Child Abduction and Enforcement of Custody Orders Act, 1991. This Act gives effect to the Hague Convention on the Civil Aspects of International Child Abduction (23 May 1990). The purpose of the Convention is to establish a system among Contracting States in order to (i) ensure the prompt return of children who are wrongfully removed to or retained in any Contracting State and (ii) ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting State. Given the nature of the Statutory Instrument, it was not deemed to be sufficiently significant for the purposes of triggering a Regulatory Impact Analysis. It does not involve any costs, and its purpose, is, in fact, to facilitate a more efficient application of the said Convention within Ireland.

Three statutory instruments relating to the Passports Act 2008 came into effect on 1 November 2008 to address associated matters of detail and procedure. One instrument gave the date for the commencement of the Act, another prescribed the period of validity for different types of passports and a third prescribed the time limits for the making and determination of appeals against decisions to refuse to issue or to cancel a passport. A regulatory impact assessment had previously been undertaken on the Passports Bill 2007. Accordingly, it was not necessary to undertake a further regulatory impact analysis on these statutory instruments as they were not significant in themselves and would have no impact on the regulatory environment.

Pricing Policy.

John Deasy

Ceist:

338 Deputy John Deasy asked the Minister for Foreign Affairs if he has raised with his counterpart in the UK the overpricing by UK stores operating here in calculating the sterling to euro price change; and if he will make a statement on the matter. [46149/08]

This is a matter for the Tánaiste and Minister for Enterprise, Trade and Employment, who is currently engaged with the retail sector as to the reasons why the benefits of the euro's appreciation have not been passed on to consumers. I understand that the Tánaiste intends to further pursue this matter with the retail sector in the coming weeks.

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

339 Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism the number of staff in terms of whole time equivalents who have been assigned by him to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by his Department’s regulations to business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if he will make a statement on the matter. [45938/08]

Leo Varadkar

Ceist:

340 Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism the occasions on which he did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if he will make a statement on the matter. [46062/08]

Leo Varadkar

Ceist:

341 Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism the occasions on which his Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if he will make a statement on the matter. [46077/08]

I propose to take Questions Nos. 339 to 341, inclusive, together.

I remain fully committed to contributing to the achievement of the 25 per cent target for the reduction in administrative burdens on business arising from domestic regulations, as well as to the regulatory impact analysis (RIA) process as an important means of enhancing the quality of political and administrative decision making.

However, within its ambit, the Department is very much a light regulator, so its contribution to both the burden reduction and RIA processes is correspondingly proportioned.

The Department has actively participated on the Inter-Departmental Group on Administrative Burden Reduction chaired by the Department of Enterprise, Trade and Employment, and it has been progressing apace the associated burden identification and estimation tasks.

In whole-time equivalent terms, a modest portion of an Assistant Principal Officer's time is assigned to co-ordinate this work within the Department, with contributory assignments of resources from Divisions across the Department. In addition, on occasion, as and when required, contributions from senior management, up to and including the Secretary General, are made. Given the organisationally diffuse nature of these activities, it is not readily possible to estimate the associated financial costs arising from these work commitments.

As the Deputy will be aware, RIAs are required to be conducted in relation to: all proposals for primary legislation involving changes to the regulatory framework (subject to some exceptions); significant Statutory Instruments; and proposals for EU Directives and significant EU Regulations when they are published by the European Commission.

Since June 2008, the Department has neither introduced proposals for primary legislation involving regulatory change or significant Statutory Instruments nor dealt with published proposals for EU Directives or significant EU Regulations. Accordingly, since June 2008, the Department has not conducted any RIAs, whether screening or full, nor was it required to do so.

Departmental Expenditure.

Leo Varadkar

Ceist:

342 Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs the number of staff in terms of whole time equivalents who have been assigned by him to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by his Department’s regulations to business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if he will make a statement on the matter. [45940/08]

As the Deputy will be aware, the Government has set a 25% target for the reduction of the administrative burden of domestic legislation on business by 2012. The Minister for Enterprise, Trade and Employment is co-ordinating the overall process to measure and reduce burdens across Government. In relation to my own Department, the process, which is nearing completion, is being carried out on a cross-divisional basis within existing resource levels. Accordingly, it has not been necessary to earmark specific staffing or financial resources for the implementation of the project.

Regulatory Impact Analysis.

Leo Varadkar

Ceist:

343 Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs the occasions on which he did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if he will make a statement on the matter. [46064/08]

Leo Varadkar

Ceist:

344 Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs the occasions on which his Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if he will make a statement on the matter. [46079/08]

I propose to take Questions Nos. 343 and 344 together.

Since June 2008, my Department has implemented 4 Statutory Instruments (SIs) of a technical nature, which did not constitute significant regulations and in respect of which neither a screening regulatory impact analysis (RIA) nor a full RIA was considered necessary. The SIs in question were as follows:

Appointment of Special Advisors (Minister for Community, Rural and Gaeltacht Affairs) Order 2008, (S.I. No. 170 of 2008); Community, Rural and Gaeltacht Affairs (Delegation of Ministerial Functions) Order 2008, (S.I. No. 218 of 2008); Minister for Community, Rural and Gaeltacht Affairs Island Connecting Bus Passenger Services (Centres of Population) Regulation 2008; and Minister for Community, Rural and Gaeltacht Affairs Island Connecting Bus Passenger Services (Centres of Second Level Education) Regulation 2008.

In addition, I made regulations (S1 No 391 of 2008) under section 9 of the Official Languages Act 2003 in relation to the use of the Irish language, or the Irish and English languages together, on stationary, signage and pre-recorded oral announcements. A screening RIA in respect of these regulations was carried out in 2006. Having regard to the fact that the regulations would apply only to public bodies, would not be applicable to private individuals or the private sector, and would have a relatively low impact, it was considered that they did not constitute significant regulations, and, accordingly, that a full RIA was not appropriate.

No Bills or EU Directives were brought forward or implemented during the period relevant to the Deputy's Questions.

Community Development.

Thomas P. Broughan

Ceist:

345 Deputy Thomas P. Broughan asked the Minister for Community, Rural and Gaeltacht Affairs if he will report on the proposed 33% cut in funding for Pobal; the projects and programmes which have been affected by this reduction in funding for the organisation; the effect of the reduced budget on social inclusion programmes; and if he will make a statement on the matter. [46287/08]

As the Deputy will be aware, funding for my Department for the year 2009 is reduced by a total of 6%, with current expenditure reduced by 5% and capital expenditure by 8.5%.

As previously indicated to the House, my primary concern is to make every effort to ensure that the front-line services provided by, or supported through, my Department — especially those focused on the needs of the most socially deprived communities — are protected. This is being achieved by requiring significant administrative savings in my own Department and public bodies within its ambit; through the cessation of the use of intermediary bodies, such as community development support agencies; and by reducing administrative overheads across bodies such as Pobal. The reduction in the administration funding available to Pobal reflects an emphasis on the prioritisation of front-line services over intermediary and ancillary supports.

In this way, the wide range of services my Department provides, including services under its social inclusion programmes, can be broadly maintained.

Pat Breen

Ceist:

346 Deputy Pat Breen asked the Minister for Community, Rural and Gaeltacht Affairs if funding will be allocated to a project (details supplied) in County Clare; and if he will make a statement on the matter. [46297/08]

The organisation referred to by the Deputy operates two groups from the address in question. Both of these groups have reached the €30,000 annual funding limit set for any individual group operating the Scheme.

This limit is in place to ensure that (i) the Scheme maintains its local focus and (ii) there is a fair distribution of the available resources across the country. The area in which this organisation is situated has a large number of groups involved in providing assistance under the CSOP and the limit generally only comes into play where groups operate on a wider basis. I believe that the level of funding available is adequate to meet the needs likely to arise in any one year in any neighbourhood or parish.

Where a group has received applications which exceed the €30,000 limit in a year, my Department has facilitated passing on the excess to other community and voluntary groups in the immediate area who can ensure that the older person's security needs are met. If difficulties are experienced in this regard, the group should contact my Department directly.

In this specific instance, an official from my Department has been in contact with the group involved and has arranged for the required equipment to be installed immediately.

Social Welfare Benefits.

Aengus Ó Snodaigh

Ceist:

347 Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs the number of households in receipt of mortgage interest supplement in 2006, 2007 and 2008, broken down by quarter. [46106/08]

Aengus Ó Snodaigh

Ceist:

348 Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs the cost to the State of mortgage interest supplement in 2006, 2007 and 2008 broken down by quarter. [46107/08]

I propose to answer Questions Nos. 347 and 348 together.

Below is a tabular statement showing the number of recipients and expenditure on mortgage interest supplement at quarterly intervals from 2006 to date.

Recipients and Expenditure on Mortgage Interest Supplement at Quarterly Intervals, 2006 to Date

Quarter

Recipients

Expenditure

€000

Quarter 1 2006

3,311

1,748

Quarter 2 2006

3,324

1,839

Quarter 3 2006

3,352

2,004

Quarter 4 2006

3,424

2,281

Quarter 1 2007

3,506

2,474

Quarter 2 2007

3,582

2,678

Quarter 3 2007

3,823

3,189

Quarter 4 2007

4,111

3,857

Quarter 1 2008

4,630

4,480

Quarter 2 2008

5,283

5,511

Quarter 3 2008

6,500

7,437

Quarter 4 2008*

7,648

6,268

*Recipients as at 5 December 2008 and expenditure for October and November 2008.

Bernard J. Durkan

Ceist:

349 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when rent allowance will be restored to a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [46205/08]

Rent supplement is administered on behalf of the Department by the Health Service Executive (HSE), as part of the supplementary welfare allowance scheme. As advised in my reply of 4th December 2008 to the Deputy's question on the same subject, the person concerned has been refused rent supplement as she is regarded as not being lawfully in the State. The person concerned has appealed against the decision to refuse rent supplement to the HSE Appeals Office. She will be contacted directly when a decision has been made on her appeal.

Michael Ring

Ceist:

350 Deputy Michael Ring asked the Minister for Social and Family Affairs if a person (details supplied) in County Mayo will be approved and granted disability allowance. [45959/08]

Disability Allowance is a weekly allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to both medical assessment and a means test.

The person concerned made an application for Disability Allowance on 28th October 2008. The application was referred to a Social Welfare Inspector to determine the means of the claimant and the Inspector has submitted his report. The application was also referred to Medical Review and Assessment Section in October 2008 to schedule a medical examination. The person was unable to attend a medical examination arranged for the 2nd December 2008. He has been referred for another examination but the date has to be finalised by the Medical Review and Assessment Section. He will be notified of the time and place of this examination in January 2008. On foot of the Medical Assessor's report, a final determination on the application will be made and he will be notified directly of the outcome.

The person is currently in receipt of Supplementary Welfare Allowance.

Michael Ring

Ceist:

351 Deputy Michael Ring asked the Minister for Social and Family Affairs if a person (details supplied) in County Mayo will be approved and awarded disability allowance. [45968/08]

Disability Allowance is a weekly payment paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to both medical assessment and a means test.

The person concerned made an application for Disability Allowance on 22nd October 2008. His application was reviewed initially by a Medical Assessor who determined that the claimant was medically suitable for Disability Allowance. The application was then referred to a Social Welfare Inspector to determine means of the claimant. The person concerned was visited by the Social Welfare Inspector who assessed means of €244.12 from his spouse's employment. Based on this assessment, this person will qualify for a rate of Disability Allowance of €86.60 per week.

Arrangements are being made to issue his payment into his nominated bank account on 17 December 2008.

Pension Provisions.

Ciaran Lynch

Ceist:

352 Deputy Ciarán Lynch asked the Minister for Social and Family Affairs her views on whether the advice to State non-contributory pension recipients that any portion of the pension saved will be means tested and could result in reduction or withdrawal of the State non-contributory pension is likely to intimidate vulnerable people and to deter savings; and if she will make a statement on the matter. [45979/08]

State Pension (Non-Contributory) is a means tested payment and all income is assessable as means. This includes cash income, private pensions, foreign pensions, the value of any property (excluding the person's own home) and the value of any investments and capital. A pensioner is obliged to declare all means, and to inform the department of any change in his/her circumstances.

Where a pensioner chooses to save part of their pension, the capital involved is included in the means test in the same way as savings from any other source. However, when means disregards are taken into account a single person who has no other means can have capital (e.g. savings) of up to €40,999 and qualify for the maximum rate of pension. A single person can have a capital balance of up to €93,999 and still qualify for a reduced pension. These amounts are doubled in the case of a married couple.

The department is committed to delivering a quality customer service and in this regard pensioners are provided with full and clear information on their entitlements and on their obligations. This includes providing them with detailed information on the income that is taken into account in the means test. However, it is not intended that this should deter pensioners from saving and given the levels of capital disregards in place it should be noted that most pensioners are not at risk of having their entitlement reduced as a result of making savings from their weekly pension.

Social Welfare Benefits.

Liz McManus

Ceist:

353 Deputy Liz McManus asked the Minister for Social and Family Affairs the eligibility for children’s allowance for an Irish citizen parent of two children residing here who is in receipt of a maintenance payment from their estranged partner who resides in the UK; and if she will make a statement on the matter. [45994/08]

A child benefit claim was received from the person concerned in April 2008. According to the information provided, she came to reside in Ireland with her children in February 2008. She is not employed but her ex-partner is employed in the United Kingdom.

Under EU Regulations, the country of employment is responsible for the payment of child benefit. UK child benefit is being paid to the husband for this reason and because he is maintaining the children. Because the child benefit rate is higher in Ireland than in the UK, in accordance with the Regulations the difference between the two rates, i.e. the supplement, is being paid by this Department to the person concerned. In this way the family is receiving the maximum rate of child benefit applicable, even though this amount is divided between the two partners.

Brian Hayes

Ceist:

354 Deputy Brian Hayes asked the Minister for Social and Family Affairs the average waiting time in each of the social welfare offices operated by her Department in respect of dealing with unemployment payment claims; and if she will make a statement on the matter. [45998/08]

The Department delivers a front-line service through a network of Local Offices and Branch Offices countrywide. The main services provided from these offices include jobseekers payment, one-parent family payment and an information service. Branch Offices are operated under a contract for service and decisions on claims taken in Branch Offices are made in its departmental parent Local Office.

In the past few years the Department has coped with increasing demands arising from significant changes to the social welfare code and in the numbers of persons accessing services. Operational procedures and the organisation of work continue to be reviewed and restructured to maximise the benefits of technology and new developments in processing techniques and business information.

The Department is committed to providing a quality customer service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are issued as expeditiously as possible having regard to the eligibility conditions which apply. These conditions vary between the two jobseeker schemes and involve, among other things, the need to establish the person's social insurance record, establish the person's identity or their place of habitual residence and to assess means where appropriate. In some cases delays arise where the person fails to supply all pertinent information in support of his/her application.

The overall performance in any individual office in processing claims can be adversely affected by a wide variety of factors; including increased inflow of claims, staff vacancies and the duration of such vacancies and the turnover of staff in the office. The average processing time in November in each office is given in the following table.

Average processing time (in weeks) for Jobseeker's claims decided in November 2008

Local Office

Jobseekers Benefit

Jobseekers Allowance

Achill

0.54

1.04

Apollo House

4.58

5.23

Ardee

2.1

6.41

Arklow

2.86

5.69

Athlone

2.67

5.91

Athy

4.55

6.06

Balbriggan

2.0

5.27

Ballina

1.97

5.39

Ballinasloe

1.13

5.42

Ballinrobe

1.79

5.29

Ballybofey

1.09

2.02

Ballyconnell

3.57

8.49

Ballyfermot

2.1

6.93

Ballymun

1.18

2.37

Ballyshannon

0.77

2.19

Baltinglass

3.69

6.26

Bandon

3.84

12.95

Bantry

1.76

3.63

Bantry(BO)

1.85

4.54

Belmullet

1.47

1.86

Birr

1.57

4.35

Bishop Square

3.73

6.76

Blanchardstown

2.99

7.53

Boyle

3.66

9.35

Bray

3.43

6.73

Buncrana

2.34

3.12

Cahir

0.92

2.06

Cahirciveen

2.31

4.94

Carlow

2.45

5.91

Carraigaline

1.33

10.77

Carrickmacross

2.04

4.96

Carrick-on-Shannon

1.19

3.92

Carrick-on-Suir

2.03

6.13

Cashel

1.68

3.72

Castlebar

1.77

3.39

Castleblaney

2.01

4.83

Castlepollard

3.16

6.3

Castlerea

2.01

6.47

Cavan

2.66

7.30

Claremorris

2.43

7.32

Clifden

1.04

2.43

Clonakilty

4.22

11.86

Clondalkin

2.51

4.78

Clones

2.01

3.94

Clonmel

1.6

2.87

Cobh

0.89

1.04

Coolock

1.56

3.71

Cork

3.80

8.29

Dingle

1.48

1.96

Donegal

1.21

1.87

Drogheda

2.06

9.88

Dun Laoghaire

1.76

7.00

Dundalk

1.86

5.00

Dunfanaghy

0.98

1.50

Dungarvan

2.62

4.26

Dungloe

1.44

2.28

Edenderry

2.70

13.94

Ennis

1.32

2.82

Enniscorthy

1.90

4.72

Ennistymon

2.48

3.87

Fermoy

2.90

4.72

Finglas

2.08

3.93

Galway

3.66

9.53

Gorey

1.91

5.02

Gort

2.35

5.82

Kells

2.66

10.55

Kenmare

1.99

2.27

Kilbarrack

1.90

3.37

Kilkenny

1.12

4.65

Killarney

1.61

3.56

Killorglin

1.50

6.28

Killybegs

0.75

1.61

Kilmallock

1.64

3.93

Kilrush

1.11

2.48

Kinsale

4.47

8.94

Letterkenny

2.36

4.76

Limerick

2.16

5.22

Listowel

5.06

5.35

Longford

3.33

5.87

Loughrea

2.18

7.34

Macroom

3.59

5.06

Mallow

2.89

5.03

Manorhamilton

1.29

1.67

Maynooth

3.00

9.50

Midleton

2.73

8.52

Monaghan

2.05

3.80

Muine Bheag

5.20

9.24

Mullingar

2.10

6.58

Navan

3.54

9.85

Navan Road

2.18

5.34

Nenagh

1.63

1.85

New Ross

2.43

5.33

Newbridge

4.13

5.93

Newcastle West

1.66

3.79

Newmarket

2.80

6.71

Nth Cumberland St.

1.48

2.17

Nutgrove

1.02

2.20

Portarlington

1.64

7.53

Portlaoise

2.92

7.55

Rathdowney

2.20

7.11

Roscommon

3.11

6.58

Roscrea

1.52

2.42

Skibbereen

1.92

3.44

Sligo

1.35

3.75

Swinford

1.69

5.76

Swords

1.94

2.10

Tallaght

1.47

3.05

Thomas Street

2.69

4.16

Thomastown

2.26

6.40

Thurles

1.36

2.67

Tipperary

1.34

2.31

Tralee

1.92

3.17

Trim

2.85

11.59

Tuam

3.02

8.24

Tubbercurry

1.68

4.42

Tulla

1.08

2.88

Tullamore

1.77

7.86

Tullow

4.17

9.68

Waterford

2.16

4.46

Westport

1.87

1.62

Wexford

1.79

4.34

Wicklow

1.77

5.24

Youghal

2.27

6.25

Michael Ring

Ceist:

355 Deputy Michael Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo will not receive the Christmas bonus in view of the fact that prior to this period of receiving jobseeker’s allowance they were in receipt of the back to work scheme allowance following a long period of unemployment; and if this case will be reviewed. [46009/08]

To qualify for a Christmas bonus while in receipt of jobseeker's allowance a person must be in receipt of the allowance for at least 390 days.

The person concerned was in receipt of back to work allowance while in self-employment. His self-employment ceased and he applied for and was awarded jobseeker's allowance from 4 September 2008. He was, therefore, in receipt of this allowance for 83 days when entitlement to the Christmas bonus was calculated and accordingly he is not entitled to the bonus on this occasion.

He was granted a special needs payment of €400 on 4 December 2008, by the Community Welfare Officer. If he feels that his means are insufficient to meet his needs, it is open to him to contact his local Community Welfare Officer again regarding possible further assistance.

Social Welfare Appeals.

Róisín Shortall

Ceist:

356 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the average waiting time for an appeal to be heard by the social welfare appeals office; and the steps she is taking to reduce this waiting time. [46027/08]

I am advised by the Social Welfare Appeals Office that 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 just over 14 weeks. Processing times for 2008 are not yet available but are expected to be at least of the same order if not higher having regard to a 23% increase in appeals received so far this year.

The processing time for appeals covers all phases of the appeal process including the submission by the Department of its comments on the grounds for the appeal, further examination by the Department's Medical Assessors in certain illness related cases and further investigation by Social Welfare Inspectors where required. Circumstances may also arise, normally outside of the control of the Social Welfare Appeals Office, which have the effect of unduly prolonging the time taken to process appeals. For example, delays can occur where the appellant submits new information or evidence, often at an advanced stage in the proceedings. In some cases adjournments may be sought by the appellant or his/her representative.

Having said that, however, I am concerned about processing times for appeals being further increased and, having regard to the current level of appeals awaiting determination, arrangements have been made to appoint two additional Appeals Officers from next January to the Social Welfare Appeals Office. Furthermore, in the light of the current situation, I am advised that the Chief Appeals Officer is initiating a review of current processes with a view to achieving a more effective throughput of appeals having regard to due process in terms of the rights of appellants and adherence to the requirements of natural justice. While improving processing times remains a major objective of the Social Welfare Appeals Office, it is necessary at all times to ensure that progress in this regard is achieved in a manner which is not in conflict with the demands of justice and the requirement that every appeal be fully investigated and examined on all its merits.

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

357 Deputy Leo Varadkar asked the Minister for Social and Family Affairs the occasions on which she did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if she will make a statement on the matter. [46073/08]

Leo Varadkar

Ceist:

358 Deputy Leo Varadkar asked the Minister for Social and Family Affairs the occasions on which her Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if she will make a statement on the matter. [46088/08]

I propose to take Questions Nos. 357 and 358 together.

The Department has not conducted a regulatory impact analysis since June 2008. There has only been one bill produced by the Department during the period. Given the time constraints involved, the Social Welfare (Miscellaneous Provisions) Bill 2008, which implemented PRSI and other changes to social welfare legislation arising from the Budget, was not subject to a regulatory impact analysis. However, the Department undertakes significant ex-ante analysis of these measures.

In relation to secondary legislation, the RIA guidelines state that only significant statutory instruments are subject to RIA. In this regard, given that these are largely technical in nature, the Department has not conducted a regulatory impact analysis on a statutory instrument over the period.

Social Welfare Benefits.

Michael D'Arcy

Ceist:

359 Deputy Michael D’Arcy asked the Minister for Social and Family Affairs if the charge for persons applying for rent or mortgage subsidies is to increase by €5, from €13 to €18; the purpose of the charge; and if she will make a statement on the matter. [46095/08]

The supplementary welfare allowance scheme, which includes rent supplement and mortgage interest supplement, is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE).

Entitlement to rent and mortgage interest supplement is determined on the basis of the circumstances of each individual case, including accommodation/mortgage costs and the income of the applicant. Payment of a supplement is calculated to ensure that an eligible person, after the payment of rent/mortgage interest, has an income equal to the rate of supplementary welfare allowance appropriate to his or her family circumstances, less a minimum weekly contribution which each recipient is required to pay from his or her own resources. The minimum contribution is currently €13 per week. This was set in 2004 and represented approximately 10% of the minimum social welfare weekly payment rate at that time. While social welfare payments have risen by nearly €70 per week since then, no upward adjustment has been made to the minimum contribution.

As part of Budget 2009, the minimum contribution is being increased from €13 to €18 with effect from January 2009 which will represent 8.8% of the basic social welfare weekly payment. While the new rate of €18 will reduce the differential between the contribution which rent and mortgage interest supplement recipients pay and the contribution payable under the local authority differential rent scheme, it is still significantly less than the minimum rent paid by local authority tenants, which for example, is €24.87 in Dublin city and €26 in Limerick county.

Fergus O'Dowd

Ceist:

360 Deputy Fergus O’Dowd asked the Minister for Social and Family Affairs the number of persons which her Department partially funded to set up in the taxi business; and if she will make a statement on the matter. [46119/08]

A person in receipt of a social welfare payment who decides to set up as a self employed taxi operator may be eligible to apply for the back to work enterprise allowance (BTWEA). A breakdown by occupation or the nature of the self-employment of recipients of the back to work enterprise allowance scheme or the technical assistance and training scheme is not available from records held by the department.

Olwyn Enright

Ceist:

361 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of non-Irish nationals in receipt of child benefit on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46132/08]

Olwyn Enright

Ceist:

362 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of Irish nationals in receipt of child benefit on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46133/08]

Olwyn Enright

Ceist:

363 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of non-Irish nationals in receipt of early childcare supplement on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46134/08]

Olwyn Enright

Ceist:

364 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of Irish nationals in receipt of early childcare supplement on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46135/08]

I proposed to take Questions Nos. 361 to 364, inclusive, together. The total number of recipients of child benefit at 1 December 2007 was 587,943, in respect of 1,125,360 children. Of this total, 80,038 are non Irish national customers claiming in respect of 146,302 children. The number of recipients of child benefit at 1 December 2008 was 592,416 in respect of 1,136,192 children. Of these 92,744 are non Irish national customers claiming in respect of 169,135 children.

The Early Childcare Supplement (ECS) is administered by the Department of Social and Family Affairs on behalf of the Minister for Children and Youth Affairs. The total number of customers in receipt of the Early Childcare Supplement, as of 1 December 2007 was 284,641, in respect of 382,182 eligible children. The figure at 1 December 2008 was 295,388, in respect of 398,667 eligible children.

A record of ECS payments, by nationality, is not maintained. However, as the receipt of ECS is dependent on Child Benefit being paid, it can be assumed that the percentage of non-nationals receiving the ECS payment is broadly in line with that receiving Child Benefit.

Olwyn Enright

Ceist:

365 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of non-Irish nationals in receipt of jobseeker’s allowance on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46136/08]

Olwyn Enright

Ceist:

366 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of Irish nationals in receipt of jobseeker’s allowance on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46137/08]

Olwyn Enright

Ceist:

367 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of non-Irish nationals in receipt of jobseeker’s benefit on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46138/08]

Olwyn Enright

Ceist:

368 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of Irish nationals in receipt of jobseeker’s benefit on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46139/08]

I propose to take Questions Nos. 365 to 368, inclusive, together.

The following are the details of Irish and non-Irish claimants in receipt of a jobseekers payment in December 2007 and December 2008.

Jobseekers Allowance

Jobseekers Benefit

Irish

Non-Irish

Irish

Non-Irish

Total

Dec-07

89,538

13,190

52,449

8,389

163,566

Dec-08

114,200

19,000

96,365

25,000

254,565

All persons, regardless of nationality, who meet the contributions and other conditions of the jobseeker schemes are treated equally.

Olwyn Enright

Ceist:

369 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of non-Irish nationals in receipt of illness benefit on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46140/08]

Olwyn Enright

Ceist:

370 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of Irish nationals in receipt of illness benefit on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46141/08]

I propose to take Questions Nos. 369 and 370 together.

The relevant figures relating to the number of Illness Benefit claims in payment to Irish nationals and the number in payment to non-Irish nationals are set out in the table below. The breakdown of claims by nationality in respect of 2007 is only available on a quarterly basis. Therefore, the figures given are for the end of the fourth quarter of 2007 (week ending 28 December 2007).

Week Ending

Claims in Payment (Irish)

Claims in Payment (non-Irish)

Total

28 Dec 2007

67,438

2,966

70,404

28 Nov 2008

69,211

3,794

73,005

Olwyn Enright

Ceist:

371 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of non-Irish nationals in receipt of rent supplement on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46142/08]

Olwyn Enright

Ceist:

372 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of Irish nationals in receipt of rent supplement on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46143/08]

I propose to take Questions Nos. 371 and 372 together.

Attached is a tabular statement showing the number of Irish and Non-Irish nationals in receipt of rent supplement at the end of 2007 and at 3 December 2008.

Recipients of Rent Supplement by Nationality 2007 and 2008

Nationality

2007*

2008**

Irish

36,892

44,598

Non-Irish

17,959

23,628

Coded as “Other”***

4,875

4,018

Total

59,726

72,244

*At End 2007.

**At 3 December 2008.

***Nationality not known in over 5% of current rent supplement claims.

Olwyn Enright

Ceist:

373 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of non-Irish nationals in receipt of one parent family payment on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46144/08]

Olwyn Enright

Ceist:

374 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of Irish nationals in receipt of one parent family payment on 1 December 2007 and in receipt of same on 1 December 2008; and if she will make a statement on the matter. [46145/08]

I propose to take Questions Nos. 373 and 374 together

The information requested on persons in receipt of One-parent Family Payment on 1 December 2007 and 1 December 2008 is set out in the table below. The table identifies the number of Irish nationals, non-Irish nationals and also those people for whom the Department does not hold nationality data.

Nationality

01 December 2007

01 December 2008

Irish

65,915

69,698

Non-Irish

9,980

9,929

Coded as ‘other’

9,189

8,416

Total

85,084

88,043

John Deasy

Ceist:

375 Deputy John Deasy asked the Minister for Social and Family Affairs the number of Irish citizens in receipt of the equivalent of jobseeker’s allowance and jobseeker’s benefit in each of the other 26 European Union States; and the number of Irish citizens in receipt of the equivalent of jobseeker’s allowance and jobseeker’s benefit in each of the other 26 European Union States in December of each of the years 2003 to 2007. [46150/08]

The information requested by the Deputy is not available. Irish citizens living and working abroad may claim any social security payments for which they qualify in their country of residence but there is no requirement that foreign countries notify such claims to the Department.

John Perry

Ceist:

376 Deputy John Perry asked the Minister for Social and Family Affairs her plans to have illness benefit means tested; and if she will make a statement on the matter. [46201/08]

Illness Benefit (formerly know as Disability Benefit) is an income support payment for people of working age who are unable to work due to illness and who satisfy certain social insurance conditions. There are no plans to introduce a means-test to this social insurance-based scheme.

Social Welfare Appeals.

Bernard J. Durkan

Ceist:

377 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if a review of the decision regarding retrospective payment of jobseeker’s allowance in the case of a person (details supplied) in County Roscommon will be made; and if she will make a statement on the matter. [46226/08]

The person concerned made the claim on 13 February 2008 and sought to have his claim backdated to 24 December 2007. The Deciding Officer was of the opinion that Mr Flynn had not shown good cause for not claiming on time and awarded payment from date of claim. Mr Flynn appealed this decision to the Social Welfare Appeals Office and his appeal was allowed on 21 July 2008. A review of this Appeals Officer decision was sought from the Chief Appeals Officer who decided that Mr Flynn did not show good cause for the backdating of his claim to 24 December 2007.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

378 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if free schemes will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [46227/08]

According to the records of the Department, the person concerned has not made an application for the household benefits package. An application form has now issued to her as a result of this representation.

On receipt of the completed application form, a decision will be made and she will be notified of the outcome.

Social Welfare Appeals.

Bernard J. Durkan

Ceist:

379 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when an illness benefit appeal will be determined in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [46231/08]

The claim for illness benefit, by the person concerned, was disallowed by a Deciding Officer of the Department on 18 October 2008 following an examination by a Medical Assessor who expressed the opinion that she was capable of work. She appealed this decision on 28 October 2008 and, in the context of this appeal, she was examined by a second Medical Assessor on 28 November 2008 who also expressed the opinion she was capable of work.

I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office, on 2 December 2008, decided to afford her an opportunity of setting out the complete and up to date grounds of her appeal and to furnish any further medical evidence she wished to submit in support of her appeal.

The new medical evidence, submitted by the Deputy on her behalf, has been accepted as her grounds of appeal and has been forwarded to the Chief Medical Adviser for his opinion.

The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Departmental Funding.

Róisín Shortall

Ceist:

380 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the bodies to which her Department makes grant-in-aid allocations, with a breakdown of each allocation made in 2006, 2007 and 2008 and the amount agreed for 2009. [46282/08]

My Department makes grant-in-aid allocations to the Combat Poverty Agency. Details of estimates provision and outturns are set out in the table below.

Year

Estimate provision

Outturn

€000

€000

2006

4,521

3,689

2007

4,384

4,008

2008

4,313

4,313*

2009

4,088

*Outturn figure for 2008 is provisional.

Social Welfare Benefits.

Jack Wall

Ceist:

381 Deputy Jack Wall asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Kildare has been refused supplementary welfare allowance; and if she will make a statement on the matter. [46295/08]

Under the supplementary welfare allowance scheme, which is administered on behalf of the Department by the community welfare division of the Health Service Executive, an exceptional needs payment (ENP) may be made to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each application is determined by the Executive based on the particular circumstances of the case.

The Executive has advised that it has received an application for an exceptional needs payment from the person concerned but that no decision has been made on her application. She will be contacted directly by the Executive when a decision has been made on her entitlement to an exceptional needs payment.

Departmental Properties.

James Reilly

Ceist:

382 Deputy James Reilly asked the Minister for Social and Family Affairs if a premises could be identified in Balbriggan to accommodate both the community welfare offices and the unemployment exchange in Balbriggan; and if she will make a statement on the matter. [46308/08]

Service in Balbriggan was provided through the Social Welfare Branch Office, provided by a Branch Manager under contract to the Department. The Branch Manager retired on 28 November 2008.

The Department is working closely with the Office of Public Works with a view to acquiring a new premises in Balbriggan for the establishment of a new social welfare local office as soon as possible. This process is ongoing.

In the meantime special arrangements have been made put in place for both existing and new claimants.

New Claims

People making new claims can contact the Department at a special locall number 1890 22 55 77 and make the claim over the phone. They can obtain an application form at the Balbriggan Citizens Information Service and post the completed form to the Department's office at the Northside Civic Centre, Bunratty Road, Coolock. Alternatively, they can call in person to the Northside Office in Coolock.

Existing Claims

Existing customers will continue to receive their payments at the local post offices in Balbriggan as before. Any enquiries on their existing claims can be made by phone to our Coolock office at 01 8661000. Monthly signing has been suspended until premises in Balbriggan can be acquired.

Information

People seeking information on social welfare schemes can contact the Balbriggan Citizens Information Service at George's Square, Balbriggan or by calling the Department's Information locall number 1890 66 22 44.

These arrangements are being monitored on an ongoing basis to ensure that there is continuity of service to the people of Balbriggan.

Social Welfare Benefits.

Róisín Shortall

Ceist:

383 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the cost to the Exchequer of providing the carer’s allowance on a non-means tested basis to all persons in receipt of a carers respite grant. [46408/08]

Carer's allowance, in line with other social assistance schemes, is means tested. This ensures scarce resources are directed at those in greatest need. The primary objective of the carer's allowance is to provide income support to low income carers. The carer's allowance means test is one of the more flexible tests in terms of the assessment of household incomes. It has been significantly eased over the years, most notably with regard to spouse's earnings.

In June 2005, the respite care grant was extended to all people providing full time care and attention regardless of their means or social insurance contributions. Since then, the grant has also been paid in respect of each care recipient. Budget 2008 increased the level of the grant by to €1,700 per year in respect of each care recipient from June 2008.

In addition to those in receipt of carer's allowance and carer's benefit who are automatically paid the respite care grant in June each year a further 6,370 people have been paid the respite care grant in respect of 2008. The estimated cost of extending carer's allowance to this group on a non-means tested basis is in the region o f €80 million per year.

I have no plans at present to abolish the means test for the carer's allowance scheme.

Departmental Surveys.

David Stanton

Ceist:

384 Deputy David Stanton asked the Minister for Social and Family Affairs if the disability allowance survey and invalidity pension schemes were completed in 2007 and 2008 respectively as per her Department’s commitment in the Disability Act sectoral plan; if these reviews have been published; the action she has taken as a result; and if she will make a statement on the matter. [46502/08]

The Disability Sectoral plan for the Department of Social & Family Affairs provides that the Department will complete a national customer satisfaction survey in 2007 for Disability Allowance customers, in 2008 for Invalidity Pension customers and in 2009 for Carer's Allowance & Benefit Customers. The purpose of the survey is to assess customer satisfaction with the services that the Department is providing.

The Survey of Disability Allowance customers was carried out in June & July 2007. A sample of 1,050 customers who were awarded Disability Allowance since January 2006 were selected at random.

The survey highlighted that the vast majority of customers are very satisfied with the quality of service provided by Disability Allowance Section.

The results of the survey was circulated to senior officials of my Department and to the members of the Disability Consultative Forum. The Disability Consultative Forum meets a number of times a year and is the mechanism whereby my Department consults with organisations representing people with disabilities.

A customer survey for Invalidity Pension customers will be completed in early 2009.

Social Welfare Benefits.

David Stanton

Ceist:

385 Deputy David Stanton asked the Minister for Social and Family Affairs if the VTOS income support has been integrated back into income support under her Department; if the vocational educational committee is the main access route for people applying for second chance education at third level; if the national employment action plan process has been improved such that all entrants for whom education would be more appropriate are referred to the back to education scheme as per commitments under her Department’s Disability Act sectoral plan; and if she will make a statement on the matter. [46503/08]

In its Disability Sectoral Plan, the Department of Social and Family Affairs has undertaken to facilitate participation in education by social welfare customers of working age with disabilities who are most distant from the labour market in order to enhance their employability and assist them in accessing sustainable employment. The department also committed to enhancing the National Employment Action Plan (NEAP) process where an education option is considered most appropriate. Consequently, the third level strand of the back to education scheme is now accessible for persons participating in the national employment action plan, if they have spent nine months on the live register. The duration condition for others is twelve months.

An inter-departmental working group was established to oversee the integration of VTOS income support provision into the Department of Social and Family Affairs while the Department of Education and Science would provide all educational supports. This was one of the recommendations in the "Report of the Working Group on the Review of the Back to Education allowance (BTEA) Scheme" which are currently under examination. In line with commitments in the Disability Sectoral Plan and elsewhere the annual cost of education allowance has been increased to €500.

The responsibility for mainstream education rests with the Department of Education and Science and the access routes for people applying for second chance education is a matter for that department.

Departmental Staff.

David Stanton

Ceist:

386 Deputy David Stanton asked the Minister for Social and Family Affairs the details of the contact between her Department and the Public Appointments Service to improve the recruitment of people with disabilities through the enhancement of policies and procedures, in particular in respect of the open competition for people with disabilities for executive and administrative officer grades as per the commitment in her Department’s Disability Act sectoral plan; the changes which that have been made as a result; and if she will make a statement on the matter. [46504/08]

In accordance with the commitments outlined in the Sectoral Plan under the Disability Act 2005, the Department liaises regularly with the Public Appointments Service with regard to the appointment of people with a disability from competitions. The required supports are identified and put in place prior to the person's appointment. In addition, the Department conducts workplace assessments for all new entrants with a disability and for those who may acquire a disability during their employment, with a view to providing any necessary and appropriate workplace accommodations.

The Department was represented on the Public Appointments Service committee that designed the Recruitment and Selection Toolkit. The Toolkit provides practical advice on transparent and effective merit based selection systems and includes advice on equality and diversity friendly initiatives and actions.

In addition, the Department is also represented on the cross departmental Disability Liaison Officers Network Group, which was consulted regarding recruitment procedures for the open competition for appointment to the position of Executive Officer and Administrative Officer in the Civil Service confined to persons with Disabilities in 2007.

The competition referred to by the Deputy was organised by the Public Appointments Service in accordance the Code of Practice for the Appointment of Persons with Disabilities in the Civil Service and Certain Public Bodies.

Departmental Expenditure.

Leo Varadkar

Ceist:

387 Deputy Leo Varadkar asked the Minister for Defence the number of staff in terms of whole-time equivalents who have been assigned by him to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by his Department’s regulations to business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if he will make a statement on the matter. [45941/08]

The Department of Defence operates a Legislation Branch to drive and implement the legislative reform programme within the Department. As part of that role the Department is represented by staff of the Legislation Branch on the Inter-departmental Committee on Reducing the Administrative Burden. This area of work represents a portion of the overall work of the Legislation Branch and costs for the branch are not measured to capture individual segments of work within the branch.

Defence Forces Property.

Joe Costello

Ceist:

388 Deputy Joe Costello asked the Minister for Defence his plans for St. Bricin’s Military Hospital, Dublin 7; if the hospital is to be closed down; the action which will be taken regarding the buildings and land; and if he will make a statement on the matter. [46054/08]

As part of the implementation of the Government decision to relocate the Defence Forces HQ under decentralisation, services currently provided by St Bricin's Military Hospital will transfer to the Curragh.

St Bricin's will remain in operation as a military medical facility (MMF) serving the Eastern Brigade until a modern facility suitable for the Brigade is provided. Planning for the new facility has just begun and, as such, it is not possible to state when exactly it will come on line.

It is my intention that the best possible medical facilities are provided for the Defence Forces. I can assure the Deputy that the planned changes in the way medical services are provided are designed to enhance the services for all concerned.

It is anticipated that St. Bricin's will be disposed of, taking account of market conditions, so as to maximise the return to the Defence Forces and generate funding for reinvestment in Defence Forces equipment and infrastructure in accordance with Government policy.

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

389 Deputy Leo Varadkar asked the Minister for Defence the occasions on which he did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if he will make a statement on the matter. [46065/08]

Leo Varadkar

Ceist:

390 Deputy Leo Varadkar asked the Minister for Defence the occasions on which his Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if he will make a statement on the matter. [46080/08]

I propose to take Questions Nos. 389 and 390 together.

My Department did not undertake any screening or full Regulatory Impact Analysis during the period in question. The necessity to conduct either a screening or full Regulatory Impact Analysis did not arise since June 2008.

International Agreements.

Aengus Ó Snodaigh

Ceist:

391 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government the timescale, in view of his long standing commitment to see the Aarhus Convention ratified as soon as possible, for the instrument of ratification of the convention to be submitted to Government and laid before Dáil Éireann. [45897/08]

Ireland signed the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters on 25 June 1998. Progress towards ratification of the Convention is closely aligned with work at EU level and, in that context, the European Union has adopted two Directives as part of the ratification process for the Convention. These deal with public access to environmental information (2003/4/EC) and public participation in certain environmental decision-making procedures (2003/35/EC).

The European Communities (Access to Information on the Environment) Regulations 2007 came into effect on 1 May 2007. These Regulations transpose EU Directive 2003/4/EC on Public access to environmental information. The process to transpose the Public Participation Directive is already well advanced, with legislation completed to amend the majority of the relevant consent systems.

The work to amend the remaining outstanding consent systems will be finalised by the Departments concerned as soon as possible. When this work has been completed I, along with the Minister for Foreign Affairs, will ensure that the instrument of ratification of the Aarhus Convention is submitted to Government and laid before the Dáil as soon as possible.

Hunting Licences.

Michael Ring

Ceist:

392 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the rules and regulations in place in respect of a pastime (details supplied). [45923/08]

Michael Ring

Ceist:

393 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the rules and regulations in place in respect of a pastime (details supplied) in which the participants are non-Irish residents. [45924/08]

Michael Ring

Ceist:

394 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the rules and regulations for people resident here that are in place in respect of a pastime (details supplied). [45925/08]

I propose to take Questions Nos. 392 to 394, inclusive, together.

The Wildlife Acts 1976 and 2000 provide for the making of orders relating to the provision of open seasons for the hunting of protected birds. These orders are reviewed annually by my Department's National Parks and Wildlife Service, taking account of the conservation needs of the individual species.

Any holder of a annual Firearm Certificate issued by an Garda Síochána, endorsed appropriately to hunt and kill any protected wild bird pursuant to any open season order, whether an Irish resident or a person ordinarily resident outside the State, is permitted to shoot game birds/wild fowl, subject to being entitled to sporting rights over the land in question or being given appropriate permission to use such rights. It is not a requirement for the person to indicate the number of game birds or wildfowl shot.

Although the hunting of birds is covered in general by the orders providing for open seasons, individual licences are required under Section 30 of the Wildlife Act 1976 (as amended) for hunting on foreshore, lakes and inland waters belonging to the State. There are currently some 2,650 such licences. While such licences are applicable to the hunting of fauna generally, they are in practice obtained for the hunting of wildfowl, and are subject to the provisions of the open season orders.

Water and Sewerage Schemes.

Michael D. Higgins

Ceist:

395 Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government the position regarding the Oughterard sewerage scheme, County Galway; the position in respect of the brief; if stage two approval is available; the timeline for the project; when design consultants are expected to be appointed; the commitment from his Department’s budget to the overall project; and if he will confirm that there will be no further delays in the delivery of the project. [45934/08]

The Oughterard Sewerage Scheme is included for funding under my Department's Water Services Investment Programme 2007-2009. My Department has requested Galway County Council to amend their brief for the appointment of consultants and has provided detailed guidance to the Council in that regard. The amended brief will be dealt with as quickly as possible when it is submitted to the Department.

Departmental Expenditure.

Leo Varadkar

Ceist:

396 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the number of staff in terms of whole-time equivalents who have been assigned by him to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by his Department’s regulations on business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if he will make a statement on the matter. [45944/08]

I refer to the reply to Question No. 204 of 11 December 2008.

Rented Accommodation.

Richard Bruton

Ceist:

397 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the number of bedsit units currently within the public housing stock and the private housing stock; if he has estimated the cost of compliance in the public and in the private sector of achieving the new standards; when the new standards will come into force; and the length of time which will be given to achieve the transition. [45966/08]

The 2006 Census enumerates 8,751 bedsits, housing 14,480 people. These figures are not further broken down between the private and public housing sectors. In the Partnership Agreement Towards 2016, the Government committed to updating and more effectively enforcing the minimum standards regulations for the rental sector and recently delivered on this commitment by approving a package of measures. The phasing out of the traditional bedsit will be a consequence of this package. A number of elements of this package require amendments of primary legislation and these are being addressed during the passage, through the Oireachtas, of the Housing (Miscellaneous Provisions) Bill 2008. These include increased penalties for non-compliance and the introduction of a more robust sanctions regime.

Those elements of the package not requiring primary legislation will be introduced through new regulations to replace those made in 1993. Regulations for this purpose will come into effect generally on 1 February 2009. However, certain elements of the new Regulations will not come into effect for existing rental accommodation until 1 February 2013 to allow time for the carrying out of the significant remedial work that may be involved in achieving compliance. The aspects covered by those provisions — sanitary facilities, heating facilities and food preparation, storage and laundry — will therefore continue to be subject to the relevant provisions of the Housing (Standards for Rented Housing) Regulations 1993 until then, in so far as existing rental accommodation is concerned. However, any rental properties being let for the first time after 1 February 2009 will have to comply with all the requirements of the new Regulations.

My Department engaged widely with a broad range of stakeholders during the process of drafting the new Regulations. As part of this process, a full impact analysis of the new Regulations — including the costs and benefits arising — was carried out in a Regulatory Impact Assessment prepared by the Centre for Housing Research on behalf of my Department. This Regulatory Impact Assessment is available on my Department's website at www.environ.ie.

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

398 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the occasions on which he did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if he will make a statement on the matter. [46068/08]

Leo Varadkar

Ceist:

399 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the occasions on which his Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if he will make a statement on the matter. [46083/08]

I propose to take Questions Nos. 398 and 399 together.

Details of the Regulatory Impact Assessments (RIAs) conducted by my Department on Statutory Instruments, Bills and EU Directives since June 2008 are set out in the following table. Reasons for the decisions not to carry out a Regulatory Impact Assessment on relevant legislation are also set out.

Following the Government decision of 21 June 2005, a Regulatory Impact Assessment (RIA) must be applied to:

i. all proposals for primary legislation involving changes to the regulatory framework (subject to some exceptions);

ii. significant Statutory Instruments;

iii. proposals for EU Directives and significant EU regulations when they are published by the European Commission.

Information is also provided in the table on the decision, where relevant, not to conduct a Full Regulatory Impact Assessment subsequent to a Screening RIA being completed.

Date (June-Dec 2008)

Legislation

RIA Applied (Y/N) Screening/Full

Reason for not applying RIA or for not conducting Full RIA subsequent to Screening RIA

4.06.08

Waste Management (Landfill levy) Order 2008 — S.I. 168 of 2008

N

Not significant.

24.06.08

Roads Vehicles (Registration and Licencing)(Amendment) (No.2) Regulations 2008 S.I. 207 of 2008

N

Not significant — minor technical amendments.

07.08

Housing (Miscellaneous Provisions) Bill 2008

Y — Screening

Screening RIAs in relationto Bill submitted to Governmentin December 2006 and July 2008without objection by any Department.

1.07.08

European Communities (Energy Performance of Buildings)(Amendment) Regulations 2008, SI No 229 of 2008

N

Not significant.

1.07.08

Waste Management (Landfill Levy) Regulations 2008 — S.I No. 199 of 2008

N

Not significant.

2.07.08

Planning and Development Regulations 2008 (SI 235 of 2008)

N

Not significant — regulations removed unnecessary regulatory burden, rather than making new regulations. Followed from extensive 3 month consultation period.

10.07.08

Planning and Development (Amendment) Regulations 2008 (SI 256 of 2008)

N

See above.

10.07.08

Building Regulations (Part L Amendment) Regulations 2008, SI No 259 of 2008

N

Not significant. Consolidated and revoked three earlier SIs and introduced a methodology to assist practitioners to demonstrate that a building other than a dwelling complies with existing Part L standards, without changing the actual standards in any way.

Date (June-Dec 2008)

Legislation

RIA Applied (Y/N) Screening/Full

Reason for not applying RIA or for not conducting Full RIA subsequent to Screening RIA

16.07.08

Waste Management (Batteries and Accumulators) Regulations 2008 — S.I No. 268 of 2008

Y — Screening

The Purposes of S.I. 268 of 2008 was to transpose the Batteries Directive which contains some single market provisions. The take back systems, on which the Regulations are based, were developed by a working group, established in July 2006, including representatives of the battery industry, retailers, manufacturers, IBEC, SIMI, the waste management sector, local authorities, the EPA. Transposition followed a public consultation. A Screening RIA was undertaken as it is a significant statutory instrument, but with relatively low impact.Following completion of the Screening RIA, a Full RIA was not considered necessary as implementation of the Directive would not:

(a) have significant negative impacts on national competitiveness

(b) cause significant negative impacts on the socially excluded or vulnerable groups

(c) cause environmental damage

(d) involve a significant policy change in an economic market or have a significant impact on competition or consumers

(e) impinge on the rights of citizens

(f) impose a disproportionate compliance burden

(g) incur additional significant costs to the Exchequer (zero), local authorities (minimal as they no longer have to procure collection and recycling services for waste batteries) or third parties as producer costs were estimated to range from €3.8 million to €9.2 million over a 10 year period, ranging from €118,000 to €294,000 in the first year and €648,000 to €1.6 million in the tenth year of operation, which are significantly under the thresholds (i.e. €10 million in respect of initial costs or €50 million in respect of cumulative costs over ten years) that would require a full RIA.

Date (June-Dec 2008)

Legislation

RIA Applied (Y/N) Screening/Full

Reason for not applying RIA or for not conducting Full RIA subsequent to Screening RIA

22.08.08

Building Regulations (Part G Amendment) Regulations 2008, SI No. 355 of 2008

Full RIA

N/A

23.09.08

Environmental Protection Agency (Licensing) (Amendment) Regulations 2008 (S.I. No. 382 of 2008)

N

Not significant — regulations give effect to the EPA’s current practice in making all Integrated Pollution Prevention and Control licensing information available to the public.

23.09.08

Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 — S.I No. 375 of 2008

N

Not significant

23.09.08

Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008- S.I No. 376 of 2008

N

Not significant

22.10.08

Regulation (EC) No. 1102/2008 of the European Parliament and of the Council of 22 October 2008 on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury

N

Screening RIA prepared in June 2007 on the Proposal for a Regulation of the European Parliament and the Council on the banning of exports and the safe storage of metallic mercury. However, RIA was not formalised — the particular proposal had no significant consequences for Ireland.

31.10.08

S.I. 427/08 City of Dublin Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 428/08 City of Cork Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 429/08 City of Galway Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 430/08 City of Limerick Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 431/08 City of Waterford Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 432/08 County of Fingal Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 433/08 Borough of Drogheda Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 434/08 County of Cavan Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 434/08 County of Clare Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 436/08 County of Cork Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 437/08 County of Limerick Local Electoral Areas Order 2008

N

Not significant

Date (June-Dec 2008)

Legislation

RIA Applied (Y/N) Screening/Full

Reason for not applying RIA or for not conducting Full RIA subsequent to Screening RIA

31.10.08

S.I. 438/08 County of Longford Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 439/08 County of Meath Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 440/08 County of Offaly Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 441/08 County of Galway Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 442/08 County of Kildare Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 443/08 County of Kilkenny Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 444/08 County of Laois Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 445/08 County of Leitrim Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 446/08 County of Monaghan Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 447/08 County of Mayo Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 448/08 County of North Tipperary Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 449/08 County of South Tipperary Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 450/08 County of Waterford Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 451/08 County of Westmeath Local Electoral Areas Order 2008

N

Not significant

31.10.08

S.I. 452/08 County of Wexford Local Electoral Areas Order 2008

N

Not significant

19.11.08

Directive on the protection of the environment through criminal law

RIA not yet applied

RIA being prepared.

19.11.08

Directive 2008/103/EC of the European Parliament and of the Council amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators as regards placing batteries and accumulators on the market

N

Transposing Regulations not significant.

26.11.08

Proposal for aCOUNCIL DIRECTIVE (Euratom)setting up a Community framework for nuclear safetyCOM(2008) 790/3

N

RIA under consideration.

27.11.08

S.I. 504/08 County of Carlow Local Electoral Areas Order 2008

N

Not significant

27.11.08

S.I. 507/08 County of Donegal Local Electoral Areas Order 2008

N

Not significant

27.11.08

S.I. 508/08 County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2008

N

Not significant

Date (June-Dec 2008)

Legislation

RIA Applied (Y/N) Screening/Full

Reason for not applying RIA or for not conducting Full RIA subsequent to Screening RIA

27.11.08

S.I. 503/08 County of Kerry Local Electoral Areas Order 2008

N

Not significant

27.11.08

S.I. 506/08 County of Louth Local Electoral Areas Order 2008

N

Not significant

27.11.08

S.I. 509/08 County of Roscommon Local Electoral Areas Order 2008

N

Not significant

27.11.08

S.I. 505/08 County of Sligo Local Electoral Areas Order 2008

N

Not significant

2.12.08

S.I. No. 510 / 2008 (Section 75, Water Services Act 2007)

N

Not significant- formalestablishment of an alreadyexisting Rural Water ServicesCommittee.

8.12.2008

Waste Management (Certification of Historic Unlicensed Waste Disposal and Recovery Activity) Regulations 2008

N

Drafting process for regulations predated the Government decision of 21 June 2005

10.12.08

Housing (Standards for Rented Houses) Regulations 2008

Full RIA applied

N/A

12.12.08

Housing (Home Choice Loan) Regulations 2008

N

Timescale too short

12.12.08

Proposed legislation to increase levies on plastic shopping bags and certain waste facilities

Y, Full RIA

RIA is complete but has yet tobe submitted to Cabinetwith heads of Bill.

12.08

Draft S.I on the supervision and control of shipments of radioactive waste and spent fuel

N

Not significant.

12.08

Draft European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2008.

Screening RIA to commence 15 December 2008

N/A

12.08

Draft European Communities Environmental Objectives (Groundwater) Regulations 2009

Y, Screening

Not significant : the Groundwater Directive 2006/118/EC was a Daughter Directive of the Water Framework Directive 2000/60/EC. The degree of additionality observed during the RIA process of the Groundwater Directive was not considered significant in overall terms, as the majority of potential impacts reverted back in the first instance to Article 17 of the WFD. Therefore, it was not recommended to carry out a full RIA.

12.08

Draft European Communities Environmental Objectives (Surface Waters) Regulations 2008

Full RIA

Full RIA being prepared.

Local Authority Housing.

Denis Naughten

Ceist:

400 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government if he will approve funding for refurbishment projects (details supplied) in County Roscommon; and if he will make a statement on the matter. [46098/08]

In response to my Department's Call for Proposals under the Remedial Works Programme for 2009, Roscommon County Council submitted proposals for refurbishment works in respect of 11 houses in Boyle and 18 rural houses. The proposals will be considered by my Department in the context of the 2009 allocations to be announced early next year and the competing demands of other housing authorities.

Local Authority Funding.

Pat the Cope Gallagher

Ceist:

401 Deputy Pat The Cope Gallagher asked the Minister for the Environment, Heritage and Local Government the percentage of the 2009 local government fund of €41,475,164 allocated to Donegal County Council which will be funded from the €40 million expected from the proposed levy from non-principal residences; the way the levy will be collected; and if he will make a statement on the matter. [46130/08]

General Purpose Grants amounting to some €935.2 million in 2009 have been allocated to local authorities including Donegal County Council. These allocations take overall account of the €40 million yield projected to accrue in 2009 from the €200 charge on non-principal private residences. I intend to bring forward legislation to implement the proposed charge as soon as possible, and this will set out the detailed measures necessary to give effect to it.

Freedom of Information.

Noel O'Flynn

Ceist:

402 Deputy Noel O’Flynn asked the Minister for the Environment, Heritage and Local Government if agencies (details supplied) in County Limerick are the subject of the Freedom of Information Act 1997; if not, when it is proposed to include them under the legislation; and if he will make a statement on the matter. [46181/08]

The Limerick Northside and Southside Regeneration Agencies are not at present prescribed under the Freedom of Information Act 1997. However, my Department has requested that the Agencies be included in the next extension of the Act, which it is expected will be completed during 2009.

Fire Services.

Arthur Morgan

Ceist:

403 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government when a fire safety study or fire risk assessment was last carried out for County Meath. [46245/08]

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs, the provision of a premises and the making of such other provisions as it considers necessary or desirable, is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981. Section 10 of the Act also requires fire authorities when undertaking these functions to have regard to the nature of the fire hazards and the probable incidence and extent of fires in its functional area. My Department's role is one of supporting and assisting local authorities in delivering fire services through the setting of general policy and the provision of capital funding.

In addition Section 26 of the Act requires each fire authority which maintains a fire brigade to prepare and revise plans for fire and emergency operations showing the provision made by it in respect of organisation, appliances, equipment, fire stations, water supplies and extinguishing agents, training, operational procedure and such other matters as may be relevant, and for dealing with operations of an emergency nature. The making and revision of such plans is a reserved function.

Local Authority Housing.

Arthur Morgan

Ceist:

404 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the number of persons on the council waiting list for housing in County Meath. [46248/08]

The number of households on a local authority's waiting list continuously fluctuates as households on the list are allocated housing and new households apply for housing support. My Department does not hold information in relation to the numbers currently on waiting lists in County Meath. The 2008 statutory housing need assessment indicated that the net housing need in County Meath at 31 March 2008 was 1,450 households. The breakdown by authority in that county is:

Meath County Council — 1233 households;

Kells Town Council — 65 households;

Navan Town Council — 115 households;

Trim Town Council — 37 households.

Arthur Morgan

Ceist:

405 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the number of council houses built in County Meath in each of the past five years. [46249/08]

Data in relation to social housing starts and completions are published in my Department's Quarterly and Annual Housing Statistics Bulletins, copies of which are available in the Oireachtas library and on my Department's website, www.environ.ie.

Private Rented Accommodation.

Arthur Morgan

Ceist:

406 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the number of units of private rented accommodation in use or available for use in County Meath; and the number of these which are registered with the Private Residential Tenancies Board, as required by law. [46250/08]

My Department has no function in the operational matters of the Private Residential Tenancies Board (PRTB), which is an independent statutory body established under the terms of the Residential Tenancies Act 2004. The PRTB may be contacted at their offices at O'Connell Bridge House, Dublin 2 or by telephone or email. Contact details and details of tenancy registrations are available on the Board's website at www.prtb.ie.

Rented Dwellings Register.

Arthur Morgan

Ceist:

407 Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the action which has been taken to identify and prosecute, if necessary, those landlords who have not registered with the Private Residential Tenancies Board; the number of prosecutions that have taken place for County Meath; and if he will make a statement on the matter. [46251/08]

My Department has no function in the operational matters of the Private Residential Tenancies Board (PRTB), which is an independent statutory body established under the terms of the Residential Tenancies Act 2004. The PRTB may be contacted at their offices at O'Connell Bridge House, Dublin 2 or by telephone or email. Contact details and details of tenancy registrations are available on the Board's website at www.prtb.ie

Road Network.

James Bannon

Ceist:

408 Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the proposed N4 route from Mullingar to Longford will impact adversely on some of the county’s most scenic and environmentally significant countryside and on heritage sites including the Black Pig’s Dyke which runs from Lough Derravarragh to Lough Owel, a cist grave in Fulmort and the Anglo Norman Moat; and if he will make a statement on the matter. [46329/08]

Selection of routes for national roads is a matter for the relevant road authority (in this case Westmeath County Council), subject to approval by An Bord Pleanála under the Roads Act 1993. Completion of an environmental impact statement (including in relation to any impacts on cultural heritage) is required under the related application process. Consultation with the National Monuments Service of my Department in relation to any impacts on archaeology will take place in the process of the preparation of an environmental impact statement in this case, and my Department, in the exercise of its functions as a prescribed body, will make comments as appropriate to an Bord Pleanála on any application for approval for the proposed scheme. If such a development is approved by an Bord Pleanála, the road authority will then be required to seek directions from me under the National Monuments (Amendment) Act 2004 for all archaeological aspects of works related to the road development.

It is understood that a route has not yet been selected in this case.

Local Authority Housing.

David Stanton

Ceist:

409 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the progress that has been made in the development of a national housing strategy for people with disabilities; the stakeholders, groups or individuals involved in its development; if the protocols on individual housing needs, social housing supports and strategic assessment of housing needs of people with disabilities have been established between housing authorities and the Health Service Executive and have been developed as per the commitment in his Department’s Disability Act Sectoral Plan; and if he will make a statement on the matter. [46506/08]

The Government's Housing Policy Statement, Delivering Homes, Sustaining Communities, reflects the commitment in Towards 2016 to develop a national housing strategy for people with a disability. Work on the strategy commenced in October 2007 under the aegis of a National Advisory Group, headed by my Department and involving the Department of Health and Children, the Health Service Executive, social partners and other relevant stakeholders including the National Disability Authority. A full list of the membership of the National Advisory Group is set out below.

The strategy, which will provide a broad framework to inform the future development of local authority Housing Action Plans, will support the provision of tailored housing and housing supports for people with a disability, and have particular regard to adults with significant disabilities and people who experience mental health issues. Work on the strategy is ongoing with a view to completion by end 2009.

As part of this focus, and in line with a commitment under my Department's Sectoral Plan, a suite of protocols governing liaison arrangements between housing authorities and the Health Service Executive is being developed. These protocols will provide a strategic framework for inter agency cooperation at local level.

My Department, in conjunction with the Department of Health and Children, the Health Service Executive and local authorities, developed a protocol governing liaison between the Health Service Executive and housing authorities on the assessment of the individual accommodation needs of people with a disability, who have been assessed under Part 2 of the Disability Act 2005 and identified as being likely to require housing support. This protocol, which has been in operation since July 2007, ensures that there is a smooth and transparent system to facilitate referral between the Health Service Executive and housing authorities in these cases.

The protocol governing funding arrangements between housing authorities and the Health Service Executive in relation to ongoing support costs for social housing projects provided for people with a disability is currently under development and is expected to be implemented early next year. A further protocol, to govern liaison between the housing authorities and the Health Service Executive in relation to the strategic assessment of the nature and extent of local housing needs of people with a disability, will be progressed in the context of the development of the national housing strategy for people with a disability. This protocol will improve the capturing of data in relation to the housing needs of people with a disability.

Membership of the National Advisory Group:

Department of Environment, Heritage & Local Government (Chair);

Department of Health and Children;

Health Service Executive;

County and City Managers Association;

Homeless Agency;

Mental Health Ireland;

Mental Health Commission;

National Disability Authority;

Disability Federation of Ireland;

Inclusion Ireland;

National Federation of Voluntary Bodies;

People with Disabilities in Ireland;

Irish Council for Social Housing;

Not for Profit Business Association;

Community and Voluntary Pillar;

Irish Congress of Trade Unions;

Former Assistant County Manager, Cork;

Chair Macroom Senior Citizens Housing Development Ltd.;

Association of Occupational Therapists Ireland.

David Stanton

Ceist:

410 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the number of local authorities which have new social inclusion units to enhance customer service to people with disabilities; if the 50% target by the end of 2008 as laid out in his Department’s Disability Act Sectoral Plan will be reached and will be met; and if he will make a statement on the matter. [46507/08]

In July 2007 I announced the extension of the social inclusion unit programme to nine more local authorities in line with a commitment in Towards 2016. This brings the total number of units to seventeen and has been accomplished well in advance of the deadline of the end of 2008. The successful local authorities were selected following an objective assessment process which was overseen by an Inter-Departmental Steering Group.

Equal Opportunities Employment.

David Stanton

Ceist:

411 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if the review of the Code of Practice for Employment of People with Disabilities 1999 in the local authority service has been completed as per the target in his Department’s Disability Act Sectoral Plan; and if he will make a statement on the matter. [46508/08]

The review of the Code of Practice for Employment of People with Disabilities 1999 in the local authority service is underway and I expect it to be finalised shortly.

Disability Support Service.

David Stanton

Ceist:

412 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if all bodies under the aegis of his Department are on target to complete accessibility audits and implementation plans, in relation to the delivery of services to and accessibility for people with disabilities, by the end of 2008; and if he will make a statement on the matter. [46509/08]

In line with the Sectoral Plan under the Disability Act 2005, local authorities are required to carry out an audit of all roads and streets, pavements and pedestrian crossings, public buildings, public parks, amenities and open spaces, heritage sites, public libraries and harbours within their control to identify what remedial action is necessary to make these buildings and facilities accessible to people with disabilities.

Local authorities are further required to draw up an implementation plan setting out a programme of works within specific timeframes to address the deficits identified in the audit. The Plan requires local authorities to prioritise those buildings in their areas which are most frequented by members of the public as well as accessible public footpaths, streets and crossings in urban areas. In drawing up their plans authorities must have regard to funding and staffing resources available to them for implementation and must consult with organisations representing people with disabilities both in the compilation of the audit and drawing up of the implementation plan.

Local authorities are required to publish their plans and forward a copy to the Department. To date, 32 implementation plans have been received in the Department. Two more local authorities have yet to submit implementation plans.

Fisheries Protection.

Dara Calleary

Ceist:

413 Deputy Dara Calleary asked the Minister for Communications, Energy and Natural Resources if he will clarify aspects of the Wild Salmon and Sea Trout Tagging Scheme (Regulations) 2009 season (details supplied); if the restrictions as outlined are envisaged; if his attention has been drawn to the potential impact on angling tourism; and if he will make a statement on the matter. [45956/08]

I recently published, for public consultation, the draft Wild Salmon and Sea Trout Tagging Scheme Regulations, which provide for the distribution of tags for the harvesting of both commercial and angling quotas on a river by river basis in the 2009 season.

The entitlement to a total allocation of 10 tags for the entire 2009 angling season remains unchanged from 2008. The revision introduced in the regulations, on the advice of the National Fisheries Management Executive (NFME), provides that anglers should be allocated a maximum of 3 tags for the period 1 January to 11 May in order to protect spring salmon. The NFME also recommended that during the period commencing 12 May 2009 to the end of the season, tags should be issued by the relevant regional fisheries board in lots of 3 or 4 subject to a maximum of 10 tags per licence holder for the entire season and to the relevant daily bag limits applying.

I am advised that the proposed changes will have no adverse impact on tourism angling as they are designed primarily to deliver better compliance and control of the tagging scheme, real-time feedback on how the harvest of salmon is progressing to ensure the surplus is not exceeded and will also lead to efficiencies in the purchase and allocation of tags.

Alternative Energy Projects.

Jack Wall

Ceist:

414 Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 351 of 9 December 2008, the location of the regional pilots for the home energy saving scheme launched in April 2008; the success to date of the pilot scheme; the date the scheme will be launched nationally; and if he will make a statement on the matter. [46293/08]

I launched the pilot phase of the Home Energy Saving Scheme in March 2008 in Counties Limerick (excluding Limerick City), Clare and North Tipperary and in Dundalk. The pilot phase also included a Cluster Strand, which accepted group applicants from anywhere within Ireland.

The pilot phase has successfully established a strong case for a full national scheme. It has shown that there is a considerable appetite for such a scheme among not only potential applicant households, but also building energy rating assessors, product manufacturers, installers and other market actors.

The data gathered during the pilot phase confirms that there is an attractive return on investment from upgrading efficiency measures in older homes, both for the exchequer and the householder. Targeted supports can bring a house from an F-rating starting point on the Building Energy Rating scale to a D2 rating. This represents an energy saving of up to €700 per year for each house, equating to reduced carbon emissions of 3 tonnes per year.

I am making €20 million available for the scheme next year and expect to be in a position to make an announcement on the commencement of the national scheme in the near future.

Departmental Expenditure.

Leo Varadkar

Ceist:

415 Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the number of staff in terms of whole time equivalents who have been assigned by him to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by his Department’s regulations to business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if he will make a statement on the matter. [45939/08]

My Department is fully engaged in the Better Regulation agenda to contribute to the initiative of making it easier to do business in the State and with the State, including the reduction by 25% of the administrative burden on business from State regulation.

As part of the Better Regulation agenda, administrative burden reduction practice is part of the everyday normal work of staff in all Divisions of the Department.

Staff resources are not exclusively deployed to deal with this issue due to the fact that it is part of their ongoing workload. It is not possible, therefore, to disaggregate the costs of servicing the needs of reducing the administrative burden on business due to regulation from overall administration costs.

Mobile Telephony.

Joanna Tuffy

Ceist:

416 Deputy Joanna Tuffy asked the Minister for Communications, Energy and Natural Resources the steps being taken to ensure that mobile phone users here are charged fair rates for texts, calls, and roaming charges and to protect customers from being overcharged by mobile phone companies; and if he will make a statement on the matter. [46001/08]

Primary responsibility for the mobile phone charges rests with the relevant services providers, operating in a fully liberalised market, regulated, where appropriate, by the Independent Commission for Communications Regulation (ComReg).

My role is to formulate regulatory policy to facilitate the provision of high quality telecommunications services by competing private sector service providers. The Deputy may be aware, in addition to consumer protection provisions generally, that it is an offence to overcharge for telecoms services or products under the Communications Regulation (Amendment) Act of 2007.

There is already in place an EU Regulation to protect consumers against excessive mobile phone charges when roaming in other EU Member States. Ireland strongly supported the introduction of this Regulation.

Negotiations are currently in progress at EU level to extend this regulation to protect consumers against excessive text charges and to provide for greater transparency measures for consumers. At the recent EU Telecoms Council of Ministers I strongly supported the initiative by the Commission to extend the Regulation to protect consumers. I look forward to EU Member States and the European Parliament reaching a successful conclusion on these negotiations.

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

417 Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the occasions on which he did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if he will make a statement on the matter. [46063/08]

Leo Varadkar

Ceist:

418 Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the occasions on which his Department carried out a screening regulatory impact analysis on statutory instruments, bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if he will make a statement on the matter. [46078/08]

I propose to take Questions Nos. 417 and 418 together.

The information sought concerning regulatory impact analysis on statutory instruments, bills and EU directives since June 2008 is outlined in the following table.

List of Statutory Instruments, Bills and EU Directives since June 2008

Was a screening RIA carried out? Yes/No

Was a full RIA carried out? Yes/No

Explanation of course of action

European Communities (Internal Market in Natural Gas) (BGÉ) (Amendment) Regulations 2008

No

No

Not necessary — this is a Commencement Order

European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008

No

No

The implications of the Regulations are narrow and not significant to warrant the conduct of a RIA.

Gas (Amendment) Bill 2008

Yes

No

The measure has no regulatory impact and no negative impact on competitiveness, on the socially excluded or vulnerable groups, on the environment, on consumers, on international relations, on citizens’ rights or on industry/business. It is in line with existing Government energy policy by supporting the sustainable future of BGÉ and contributing to security of supply, competition and environmental sustainability.

S.I. No 284 of 2008 Electricity Regulation Act 1999 (Public Service Obligations) (Amendment) Order 2008

No

No

This statutory instrument (SI) amends an existing SI [Electricity Regulation Act 1999 (Public Service Obligations) Order 2002 S.I. No. 217/ 2002] to support the construction of the additional renewable energy projects participating in the REFIT support schemes and named in the later Order to give effect to national priorities and an obligation addressed to Ireland in Directive 2001/77/EC on the promotion of renewable energy sources in the internal electricity market.The potential impacts of the REFIT support scheme were considered in the design and approval of the scheme.

Telecommunications Services.

John O'Mahony

Ceist:

419 Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources the timeframe for the roll-out of broadband to the Cloonagh, County Mayo exchange; and if he will make a statement on the matter. [46122/08]

The provision of telecommunications services, including broadband, is 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.

I have no role in private sector broadband infrastructure investment undertaken by broadband service providers. However, it is hoped that the facilitation of greater competition in the sector via the introduction of broadband from different technology platforms, will encourage more rapid enabling of all exchanges for broadband.

I would add that, in addition to fixed landline broadband, otherwise known as Digital Subscriber Line (DSL) or broadband over telephone lines, broadband services are available from competing service providers over multiple platforms including cable, fixed wireless and increasingly mobile.

Broadcast Advertising.

Pat Breen

Ceist:

420 Deputy Pat Breen asked the Minister for Communications, Energy and Natural Resources his views on the recent decision by the Broadcasting Commission of Ireland to ban an advertisement from a shop (details supplied); if he has plans to amend the restrictions on religious advertising as contained in Section 41 of the Broadcasting Bill 2008; and if he will make a statement on the matter. [46169/08]

Both the Broadcasting Commission of Ireland and the Broadcasting Complaints Commission are independent statutory bodies and I have no role with regard to decisions made by these bodies.

Section 20(4) of the Broadcasting Authority Act 1960 (as qualified by section 65 of the Broadcasting Act 2001) and section 10(3) of the Radio and Television Act 1988 provide that broadcasters cannot accept advertisements that are directed towards any religious or political end or have any relation to an industrial dispute.

The prohibition on religious advertising does not prevent advertisements, which provide information about a religious magazine or periodical being available for sale, or about a religious event or ceremony taking place. The prohibition does not extend to religious broadcasting; sections 28 and 45 of the Broadcasting Act 2001 explicitly require RTÉ and TG4 to carry religious programming.

The Deputy will be aware that in 2004, the prohibition on religious advertising on radio and television was retained following a lengthy consultation during which over 150 submissions from the public were received by my Department. There was a strong argument that religious interests should not be able to buy air-time to deliver an unchallenged message, which other interests, through lack of resources, might not be able to match or counter.

Section 41 of the Broadcasting Bill continues the prohibition on religious advertising but does so in a less restrictive manner. The provision focuses on advertisements that address the issue of the merits or otherwise of adhering to any religious faith or belief or of becoming a member of any religion or religious organisation, as opposed to the existing restriction, which relates to advertisements directed towards a religious end. The section also continues the clarification that permits advertisements, which provide information about a religious magazine or periodical being available for sale, or about a religious event or ceremony taking place.

Consultancy Contracts.

Simon Coveney

Ceist:

421 Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources the breakdown of the €6,921,989 spent on consultancy fees in 2008 in his Department; the names of the consultant firms used; and if he will make a statement on the matter. [46202/08]

In the following table are details of consultancies amounting to €6,921,989. This figure relates to the period 1st January to 17th November 2008.

Expenditure on consultancies will be significantly reduced in 2009.

Consultancy

Consultant

2008

DCENR Audit Committee

Chair & Board of Audit Committee

5,000

Temporary Head of Internal Audit Unit

Helm Corporation Ltd

56,218

Provision of Mediation Services

Mason Hayes + Curran

11,776

Financial Advisor to DCMNR

ESB Independent Generation

16,940

Spot Checks on Capital Investment 2006

DK Crowley

10,748

Financial Advisor to the Department

Stephen O´Connor

165,472

TechReview of the emergency call answering service (ECAS)

Norcontel (Ireland) Ltd

129,319

Legal Advice on procurement of an ECAS Provider

Matheson Ormsby Prentice

24,543

Drafting of Broadcasting (Amendment) Act 2007

Marie McGonagle

7,500

Drafting of Broadcasting (Amendment) Act 2007

Margaret O’Driscoll

7,865

Media Literacy

Media Literacy Education

9,000

Re-Engineering of annual RTÉ Review Process

Price Waterhouse Coopers

102,197

Legal advice on DTT

Mason Hayes + Curran

30,825

Technical Advice on DTT

Gary Tonge

5,446

Review of public sector benefit of postcodes

PA Consulting

54,450

Assistance on draft policy paper on Next Generation Networks

Analysys Mason Limited

30,849

Legal Advice for BnM — ESOP documentation

A & L Goodbody Solicitors

26,018

Legal Advice for BGÉ — ESOP

Beauchamp Solicitors

62,267

Legal Advice re post sale of INPC/Whitegate Refinery

Matheson Ormsby Prentice

8,492

Review of Ireland’s access to commercial Oil Supplies

Purvin & Gertz Inc

271,757

Study on transmission line infrastructure

ECOFYS GMBH

145,052

Study on transmission line infrastructure

Brindley Advertising

22,100

Study on transmission line infrastructure

Golder Associates Ire

3,388

Review of proposed BGÉ investments

KPMG

181,500

Review of proposed BGÉ investments

Mason Hayes + Curran

22,578

Drafting of PSO under Section 39 of Electricity Reg Act 1999

Noel J Travers

9,075

Legal Advice for ESB — ESOP

Beauchamp Solicitors

18,265

Advice on GSI library acquisitions & management 07

Dr. Ralph Horne

5,670

Archivist Services for Archived Files

Petra Coffey

14,750

Archivist Services for Archived Files

Eneclann

2,856

Comparative Study GSI/GSINI

CSA Group

14,338

Corrib Verification Process

Keane Offshore Integrity Ltd.

116,963

Environmental Monitoring Group

Members of EMG

5,171

Oil and Gas Industry Support Service

CSA Group

10,249

Petroleum Engineering Support

David Fox

155,483

Legal Advice on Corrib Pipeline

Arthur Cox Solicitor

42,946

Review of Corrib EIS

AEA Technology

47,204

Geophysical Support

Clare Morgan

54,420

TAG on Corrib

Advantia

22,870

IT Consultancy (Landmark Software)

DMAP Ltd

1,178

ICT Strategy

Astron / Sonas / RITS

66,066

ICT Project Consultancy

Magnum Opus Ltd

1,130,524

ICT Project Consultancy

Norcontel (ire) Ltd

15,282

ICT Project Consultancy

Arthur Cox Solicitor

569,580

ICT Project Consultancy

Quantum Equity

12,584

ICT Project Consultancy

Eamonn O’hEachach

27,537

Legal Advice — Schools Broadband

Mason Hayes & Curran

9,273

NBS Consultancy

Aneta Scieplek

53,679

NBS Consultancy

Commission for Communications Regulation

67,517

NBS Consultancy

ESRI Ireland

39,441

NBS Consultancy

McCann Fitzgerald

572,229

NBS Consultancy

Analysys Mason Ltd

32,670

Make IT Secure

Ireach

20,000

Review of National Digital Research Centre

Various

6,392

Digital Terrestrial Television

Maxtel Communications

2,414

Digital Terrestrial Television

BT Ireland

7,986

Gas Technical Standards Committee

National Standards Authority of Ireland

36,000

Energy Research Strategy

Network Resources Ltd (Dr Heather Greer)

65,050

National Energy Efficiency Campaign

Cawley Nea Ltd

1,415,954

INFOMAR

Grainne O’Shea

46,813

INFOMAR

Ronan O’Toole

19,305

INFOMAR

Woods Hole Oceanic Institute

1,194

INFOMAR

John Deasy

5,400

INFOMAR

PWC Belfast

54,996

Petroleum Engineering Support (Sept 07-Aug 08)

David Fox Associates

17,940

Corporate branding and website design

Dara Design & Print Ltd

19,947

Rehabilitation of Clashduff Mine

Hayes Higgins Partnership

1,215

Avoca Remedial Study

Camp, Dresser & McKee Irl Ltd

122,612

Examination of planning application for K2 extension to Galmoy Mine

Cantab Consulting Ltd

10,124

Geological Advice

Ben Dhonau

17,995

Provision of Interviews for site suitability Assessment Training Programme

Cormac O’Suilleabhain

1,125

Gwater Source Prot (Off / Ros / CK)

Dr Robbie Meehan

1,815

Wastewater Septic tank Course

Dr Robbie Meehan

2,068

Wastewater Septic tank Course

Dr Pamela Bartley

4,503

EPA Mine Waste

Dr Vincent Gallagher

56,821

EU Water Framework Directive

ESRI Ireland

3,176

Historic Mines Project

Fionnuala Ni Mairtin

46,858

EPA Mine Waste

AGB

85

Wastewater Septic tank Course

Gerard Murphy

1,091

EPA Mine Waste

Mr Pheilim Lally

259

Irelithos

Claudia Loesch

3,025

Geourban project — data manipulation

Aurum Exploration

26,813

Aggregate Potential Mapping

Mr Pheilim Lally

64,779

GIS Technician Services — GeoUrban Dublin pilot project

Edel O’Regan

33,499

National Mapping Programme -

Tobin Consulting Engineers

247,407

Landslides Susceptibility Mapping

M/S Mouchel Ireland

28,208

Inland Fisheries.

Tom Sheahan

Ceist:

422 Deputy Tom Sheahan asked the Minister for Communications, Energy and Natural Resources the reason the Laune River in County Kerry has not been designated as a salmonid river in view of the fact that it is classed as one of the top ten salmon rivers in Ireland and needs to be preserved; and if he will make a statement on the matter. [46401/08]

I am advised that under the EU Habitats Directive, the River Laune is designated as a salmonid river. The river catchment is also designated as a Special Area of Conservation for salmon, which is included in the Castlemaine Harbour Special Area of Conservation.

Consequently, exploitation of the salmon stock of the River Laune is provided for in the Wild Salmon and Sea Trout Tagging Scheme Regulations. The level of permissible harvest is limited to the identified surplus described by the Standing Scientific Committee, following the assessment undertaken in accordance with the Habitats Directive. A number of conservation bye-laws of national and local application further protect salmon stocks in the river.

Pigmeat Sector.

Joe McHugh

Ceist:

423 Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if he will travel to Asia via the UK and Germany in mid-December 2008 to address consumer concerns in those countries in respect of Irish pork; and if he will make a statement on the matter. [46000/08]

My Department is working closely with An Bord Bia and our embassies abroad to reassure our customers as to the safety of Irish Pork.

For my part I visited France last week to provide the necessary assurances and will have the opportunity this week at the EU Council of Ministers to outline the safety and security of our exports.

In the case of our Asian markets our diplomatic representations are in regular contact with the relevant regulatory authorities. The position in individual markets is being kept under continuous review and I am, of course, ready to visit particular markets if this appears appropriate.

Departmental Expenditure.

Leo Varadkar

Ceist:

424 Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food the number of staff in terms of whole-time equivalents who have been assigned by him to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by his Department’s regulations to business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if he will make a statement on the matter. [45937/08]

The question of the reduction of the administrative burden on Department clients has been pursued at EU level. In line with the Health Check review of the Common Agriculture Policy, the Council and Commission of the EU have declared that they will continue with the objective of obtaining further simplification at both farmer and administrative levels of the cross- compliance requirements.

In March of this year, the Government decided to reduce the administrative burden of domestic regulation on business by 25% by 2012. The Department of Enterprise, Trade and Employment is responsible for devising the approach and methodology to be used across Government, for coordinating this work across Government Departments and agencies and for reporting to Government on progress.

At present, my Department is in the process of screening information obligations. When completed, an exercise in prioritising these information obligations will be undertaken in conjunction with the Department of Enterprise, Trade and Employment and during 2009, measurements of these prioritized obligations will be undertaken. Pending consultation with the Department of Enterprise, Trade and Employment, no decision has been taken in regard to funding, if any, required in 2009.

No staff have been assigned exclusively to this task. The work is being undertaken in addition to ongoing reviews to streamline and simplify the business processes of the Department with a view to easing the administrative burden for both our clients and the Department itself.

Grant Payments.

Michael Ring

Ceist:

425 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Mayo did not receive payment for all the animals for which applications were made under the suckler cow welfare scheme; and when they will be granted the remaining amount. [45982/08]

Payment of €80 in respect of the fifteenth animal was made on 12 December 2008. The remaining calf will not qualify for payment, as it was registered outside the statutory requirement of 27 days from the date of birth. A letter in relation to this late registration issued on 19 November 2008, and staff from the Suckler Herds Section of my Department in Portlaoise will be in contact with the person named to seek to resolve the matter.

Proposed Legislation.

Mary Upton

Ceist:

426 Deputy Mary Upton asked the Minister for Agriculture, Fisheries and Food the status of the Animal Welfare Bill; when the Bill will be published; the stance the Bill will take on hare coursing; and if he will make a statement on the matter. [45985/08]

A good deal of work has been undertaken on drafting the new Animal Health and Welfare Bill which gives effect to a number of animal health and welfare commitments contained in the Programme for Government.

My officials are currently meeting with organisations that made submissions on the draft Bill following the public consultation process initiated by me earlier in the year. It would not be appropriate to comment on specific issues to be included in the Bill until the consultation process is completed. I would however state that the Bill is intended to update existing legislation to ensure that the welfare of all animals is properly protected and that penalties for offenders are increased significantly.

Grant Payments.

Paul Connaughton

Ceist:

427 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when the suckler cow welfare scheme will be granted to a person (details supplied) in County Galway; and if he will make a statement on the matter. [45992/08]

Payments totalling €1029.60 in respect of thirteen animals issued on 14 November and 12 December 2008. The remaining four animals are showing errors on the animal event dates. Staff from the Suckler Herds Section of my Department in Portlaoise will be in contact with the person named shortly.

Pigmeat Sector.

Joe McHugh

Ceist:

428 Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if he will appoint a task force within his Department to expedite traceability within the pork sector from the processor to the supermarket shelf; and if he will make a statement on the matter. [45999/08]

Following the recall of pork products initiated on 6 December 2008, and on the basis of an ongoing evaluation process by my Department and other agencies involved in this issue I confirmed on 10 December 2008 that all the necessary controls are now in place to enable the restoration of supplies of Irish pork and bacon to consumers.

The purpose of these controls, which were developed over a very short period through decisive and rapid action taken by my Department and other agencies, is to ensure that only pigmeat certified as coming from herds that are completely unaffected by the current feed contamination issue enters the food chain and is supplied to consumers.

The controls allow those involved in the pigmeat industry to resume the supply and sale of Irish pork and bacon products in which the consumer can have full confidence.

This is part of a determined domestic and international marketing campaign and all such products on the home market will carry a special label, developed by An Bord Bia, which will confirm that they are perfectly safe to consume and verifies them as having had no association with potentially contaminated feed.

With regard specifically to the issue of traceability, pigs are currently identified by farm of origin, traceability of pork at slaughter and, on the basis of production batch.

Grant Payments.

Bobby Aylward

Ceist:

429 Deputy Bobby Aylward asked the Minister for Agriculture, Fisheries and Food if he will arrange direct payment of grant due under the single farm payment scheme to a person (details supplied) in County Kilkenny. [46039/08]

The payments due to the person named under the 2008 Single Payment Scheme amounting to €1,237.40 in respect of the 50% advance payment, and the balancing payment, also €1,237.40, have not issued, as the person named has not signed-up for Electronic Funds Transfer (EFT) as required of all Scheme applicants.

Prior to the 2009 EU financial year, farmers could choose to have their payments made by cheque or electronic funds transfer into their bank account or an account with a similar type institution. However, as and from the 2009 EU financial year commencing on 16 October 2008, payment by cheque is no longer permitted in accordance with EU Council Regulation 1290/2005, which lays down the rules on the financing and management of the Common Agricultural Policy from 2007 to 2013. The detailed implementing rules for that Regulation, as set out in EU Commission Regulation 885/2006, require that all EU paying agencies, including my Department, must adopt procedures to ensure that payments are made only via electronic funds transfer from the 2009 financial year.

My Department has notified the new requirement to all farmers on a number of occasions over the past year. An Post have launched a new Postbank service, which will facilitate electronic funds transfer. This service is also available to any Credit Union, which has the appropriate processing facilities.

The person named has been directly contacted by an official from my Department regarding his situation. He has been advised to contact his bank, post office or credit union with a view to facilitating the electronic payment of his Single Payment entitlements.

Bobby Aylward

Ceist:

430 Deputy Bobby Aylward asked the Minister for Agriculture, Fisheries and Food when payment of installation aid will be made to a person (details supplied) in County Kilkenny whose application was submitted in August 2008. [46040/08]

The person concerned is an applicant under the Young Farmers' Installation Scheme. His application for payment is currently being examined and a decision will be made in regard to the application as soon as possible.

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

431 Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food the occasions on which he did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if he will make a statement on the matter. [46061/08]

The Mussel Seed (Prohibition On Fishing) Regulations 2008 (S.I. 176 of 2008) provided for the closure of certain areas of the mussel seed fishery having regard to the need to conserve the resource and protect the environment. The European Communities (Control On Mussel Fishing) Regulations 2008 (S.I. 347 of 2008) provided for the re-opening of the mussel seed fishery from 23 August 2008 as well as the closure of some areas having regard to the need to protect the environment.

Regulatory Impact Analysis (RIA) was not carried out in advance of the above Statutory Instruments being implemented as the closures were for environmental reasons and needed to be put in place without delay to comply with the Birds and Habitats Directives.

A proposal for the Fish Health Directive was introduced in late 2005 and transposed by European Communities (Health of Aquaculture Animals And Products) Regulations 2008 (S.I. No. 261 of 2008). My Department felt that a RIA was not warranted, as the changes proposed were not sufficiently significant. However, extensive consultations with the industry were carried out during the negotiation period and the transposition of the Directive.

The transposition of the Dangerous Substances Directive in respect of marine finfish farms was completed by the introduction of the European Communities (Control of Dangerous Substances in Aquaculture) Regulations 2008 (S.I. 466 of 2008). An extensive consultation process took place both with the industry and with the general public in advance of the Regulations being settled. In this regard, my Department was of the view that a RIA was not warranted.

The European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products)Regulations 2008 (S.I. No. 252 of 2008) and Diseases Of Animals Act 1966 (Transmissible Spongiform Encephalopathies) (Fertilisers & Soil Improvers) Order 2008 (S.I. No. 253 of 2008) relate respectively to Animal By-Products (ABP) EC Regulation 1774 of 2002 and land spread of organic fertiliser and soil improvers derived from ABP. Both Statutory Instruments were subject to extensive consultation with industry stakeholders in particular the composting/anaerobic digestion/waste industries. That consultation was acknowledged as a positive move and welcomed by stakeholders, formal RIA was not considered necessary in light of the technical nature and restricted scope of the Statutory Instruments.

Leo Varadkar

Ceist:

432 Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food the occasions on which his Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if he will make a statement on the matter. [46076/08]

While my Department is drafting a number of regulatory impact analyses at present, none have been completed since June 2008.

Animal Feedstuffs.

Denis Naughten

Ceist:

433 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food if his Department has traced all product that left the feed plant associated with the dioxin scare since 1 September 2008; if it has restricted movement from all holdings that received suspected product; the date on which the plant was inspected in 2006 and 2007; the tests which were performed on the feed product on both occasions; and if he will make a statement on the matter. [46112/08]

Denis Naughten

Ceist:

434 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the dates in 2005, 2006 and 2007 when the 45 registered food business operators involved in the production of animal feed were inspected by his Department; and if he will make a statement on the matter. [46113/08]

Phil Hogan

Ceist:

435 Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food the dates of all inspections carried out at a company (details supplied) in County Carlow in respect of feedstuffs under the licensing regulations operated by his Department. [46121/08]

Michael Creed

Ceist:

445 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if he will clarify the dates in 2006 and 2007 on which an establishment (details supplied) in County Carlow was inspected by his Department; and if he will make a statement on the matter. [46257/08]

Michael Creed

Ceist:

446 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if he will clarify whether a specific date in November or December 2008 had been scheduled for the inspection of an establishment (details supplied) in County Carlow; if such inspections are planned by appointment or carried out without prior notice; and if he will make a statement on the matter. [46258/08]

Michael Creed

Ceist:

447 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if he will clarify when a licence was first issued to an establishment (details supplied) in County Carlow by his Department; the length of time for which this licence had been held; if the establishment held a licence obtained from another State body; and if he will make a statement on the matter. [46259/08]

Michael Creed

Ceist:

450 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if, during inspections in 2006 and 2007 of an establishment (details supplied) in County Carlow, his Department examined whether industrial oil was used by the establishment in the production process; and if he will make a statement on the matter. [46262/08]

Michael Creed

Ceist:

455 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the number of recycling plants licensed by his Department for the production of animal feed; the number of times each plant has been inspected in the past three years; and if he will make a statement on the matter. [46267/08]

Michael Creed

Ceist:

456 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the number of farms or individuals currently licensed to blend their own animal feed; the number of times each of those farms or individuals holding such licences were inspected in 2006, 2007 and 2008; and if he will make a statement on the matter. [46268/08]

Michael Creed

Ceist:

457 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the type and number of tests carried out by his Department when inspecting licences held by persons involved in the production or blending of animal feed; and if he will make a statement on the matter. [46269/08]

Michael Creed

Ceist:

459 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the date on which his Department was contacted by Dutch authorities; if he will confirm that these authorities identified the product they found to be containing high levels of dioxins to be Irish; and if he will make a statement on the matter. [46271/08]

Michael Creed

Ceist:

461 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the details of previous discrepancies found in the 45 registered FBO feed producers; and if he will make a statement on the matter. [46274/08]

Caoimhghín Ó Caoláin

Ceist:

467 Deputy Caoimhghín Ó Caoláin asked the Minister for Agriculture, Fisheries and Food the measures he will introduce to address the inadequate inspection regime in place to date governing those businesses involved in the production of animal feed; if he will examine the areas of licensing, unannounced and, at least, twice annual inspections, fully transparent production methods and raw material sourcing; the penalties he will introduce for those who wittingly or unwittingly employ less than the required standards in their preparation and production operations; and if he will make a statement on the matter. [46304/08]

I propose to take Questions Nos, 433 to 435, inclusive, 445 to 447, inclusive, 450, 455 to 457, inclusive, 459, 461 and 467 together.

In accordance with EU legislation, the National Feed Inspection Programme, complimented by the National Residue Monitoring Programme, is part of the overall Integrated Annual Control Plan for Ireland. This involves food and feed and details must be submitted to the EU Commission on an annual basis. The aim of the controls is to ensure that feedstuffs and feeding practices do not constitute a hazard to human or animal health or the environment.

The Annual Inspection Programme, involving the carrying out of about 2,400 inspections and the taking of around 1,800 samples per annum for analyses, is drawn up on the basis of potential risk using previous compliance history, the risk potential of the activity, EU co-ordinated controls, the outcome of internal audits and any concerns raised within the industry. The scope of the Programme includes feed importers, feed manufacturing mills; mineral mixture plants; recycling plants who manufacture feed using unused food of non animal origin; feed retailers, wholesalers and hauliers as well as farms. The Inspection Programme complies with the requirements of the EU and in some instances exceeds the inspection level targets set by the EU.

The samples are analysed for composition, presence or otherwise of undesirable substances (such as heavy metals, mycotoxins, dioxins); constituents of animal origin; and banned substances such as antibiotics and growth promoters.

All farm enterprises are registered with my Department as Feed Business Operators under EU Regulation 183/2003, which lays down the requirements for Feed Hygiene. The blending of feed materials, ranging from ‘top dressing' to the incorporation of medicated feeds into feed rations, is an option available to all farm enterprises. Those enterprises engaged in using medicated feed are required also to be ‘approved', which involves certain additional requirements. About 850 farms are identified, on a risk assessment basis, for inspection each year. A large number of these inspections involve the taking of feed samples for analysis.

The EU Regulation laying down the requirements for feed hygiene clearly states that primary responsibility for feed safety rests with the feed business operator. That responsibility includes an obligation on the operator to identify, as required under the legislation, hazard and critical control points (HACCP) and ensure that all appropriate actions are taken to eliminate potential risks to the feed chain. While the use of oil in the generation of feed drying facilities has not, heretofore, caused problems within the feed industry, this aspect is now being pursued with the feed industry and with the relevant Regulatory State Agencies that are involved.

My Department is engaged, in conjunction with a number of other State Agencies, in an ongoing overall review of activities associated with the recent dioxin incident and this review will include the Department's annual feed control programme.

I will now refer to the specifics of the dioxin case where the results of tests carried out by my Department indicated the presence of marker PCBs in pork fat. Having received the results, my Department identified the feed that was the source of the contamination and the farms that received that feed. The feed was detained on these farms and the animals on the farms had movement restrictions placed on them. All the feed remaining on the identified farms in the Republic has been transported back to the establishment from which it came.

Communication was received from the Dutch Food Safety Authority on the evening of Friday 5th December, in response to them receiving the Press Release issued by my Department on Thursday 4th December, indicating that they had identified elevated levels of dioxins in pork fat.

The establishment where the affected feed was manufactured was registered with this Department as a Feed Business Operator under the new Feed Hygiene Regulations which came into effect on 1 January 2006 and it was inspected in September 2006 and November 2007. No problems were detected at these inspections. Product from the plant was analysed in 2008 for the presence of constituents of animal origin and lead. The sample results were negative. The establishment was scheduled for an unannounced inspection in December 2008.

The establishment concerned also has a permit as a recycling plant from Carlow Co. Co. to recycle unused food material. There is one other such recycling plant manufacturing feed for farmed animals using unused food of non animal origin registered by my Department as a Feed Business Operator. Product from this plant was analysed in 2006 and 2008 for constituents of animal origin and mycotoxins (2006). The samples were negative. Apart from the two dedicated recycling plants which manufacture animal feed from unused food, there are a number of other food business operators who supply their surplus food material directly for animal consumption. These premises are also registered as Feed Business Operators and I am arranging for the information, requested by Deputies Creed and Naughten, relating to inspections of these premises to be collated and made available to them as soon as possible.

Coastal Erosion.

Brian O'Shea

Ceist:

436 Deputy Brian O’Shea asked the Minister for Agriculture, Fisheries and Food his proposals to address coastal erosion at Tramore, Ballyvoile, Helvick, Cunnigar, Dungarvan and Bunmahon, County Waterford; and if he will make a statement on the matter. [46159/08]

In line with a recent Government decision, responsibility for Coastal Protection and Coastal Flooding will become the responsibility of the Office of Public Works with effect from 1st January 2009. Arrangements are currently in train to effect the transfer.

The Office of Public Works will therefore be responsible for the allocation of funding for Coast Protection works for 2009 and onwards. Any queries with regard to coastal erosion should be directed to that office.

Departmental Funding.

John Deasy

Ceist:

437 Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food if funding has been allocated under the capital investment programme for marketing and processing of certain agricultural products; and if he will examine the application by a company (details supplied) in County Waterford who are seeking funding under this programme. [46167/08]

The applications received under my Department's Capital Investment Scheme for the marketing and processing of agricultural products are going through a competitive evaluation process in which the strengths of the various proposals are being assessed and ranked in line with the objectives of the Scheme.

This process will be completed shortly and applicants will be informed of the outcome.

Grant Payments.

Michael Ring

Ceist:

438 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their REP scheme payment. [46172/08]

REPS 4 is a measure under the current Rural Development Programme 2007-13 and is subject to different EU Regulations from the preceding versions of REPS. Under REPS 4, all payments are to be made in just two instalments. The first payment, of 75%, can be made only when all administrative checks on all 2008 applications for REPS 4 and the Single Payment Scheme are completed. This is why it has not yet been possible to release payments even to farmers who applied for REPS 4 some time before the closing date of 15 May.

Most REPS plans are now prepared using eREPS, the electronic planning system approved and funded by my Department. As the information in these plans is in computerised format, the administrative checks can be carried out quickly. However a substantial minority of plans submitted this year were not prepared using eREPS. Administrative checks on these have to be done manually and are extremely time-consuming.

An effect of recent industrial action in my Department's local offices was that this process was delayed. While normal working has resumed in the local offices following the intervention of the Labour Relations Commission, there is still much to be done before the administrative checks are completed. In these circumstances my Department sought some flexibility from the European Commission which would have allowed payment of those REPS 4 cases which had been fully cleared, but the Commission were not prepared to allow this. As a result, it is now apparent that REPS 4 payments cannot issue before the end of 2008.

While I am anxious that the REPS 4 payments should go out as soon as possible, and my Department will make every effort to facilitate this, there are of course still over 48,000 farmers in REPS 3 and just under 16,000 of those have anniversary dates on 1 November and 1 December this year. Staff in my Department's local offices are currently engaged in processing the annual payment applications for these farmers, and I have asked them to make every effort to issue as many payments as possible before Christmas. I have asked senior management in my Department to give me regular updates on the payment situation.

Michael Creed

Ceist:

439 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will be awarded their single payment; and if he will make a statement on the matter. [46188/08]

An application under the Single Payment Scheme /Disadvantaged Areas Scheme was received from the person named on the 8th April 2008.

This application was selected for a cross compliance and satellite eligibility inspection. The cross compliance inspection was carried out on 25th June 2008 and the results have been processed. However, the satellite inspection raised a number of issues relating to the parcels claimed by the person named. As a result this file was forwarded for a ground eligibility inspection to clarify the issues. This inspection was carried out on 9th December 2008 and a number of ineligible features have been excluded from the area claimed by the person named. The person named has been informed of the outcome of this inspection. The file is currently being processed and on completion any payment due to the person named will be issued.

Ned O'Keeffe

Ceist:

440 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food the position regarding payment of a farm grant to a person (details supplied) in County Cork. [46232/08]

The person named is an applicant under the Farm Improvement Scheme. Applications under this Scheme are being processed by my Department up to the level of funding provided for the Scheme in the 2006 Partnership agreement, Towards 2016.

Finian McGrath

Ceist:

441 Deputy Finian McGrath asked the Minister for Agriculture, Fisheries and Food when REP scheme three payment will be made to a person (details supplied) in County Mayo; and if he will make a statement on the matter. [46236/08]

Because of concerns about the eligibility of land declared by the person named for REPS payment, it was necessary to have a full investigation, including a farm inspection in November 2008, to determine if the agri-environmental plan submitted meets the requirements of the REP scheme terms and conditions.

The applicant will be notified as soon as possible of the outcome of the investigation.

Paul Connaughton

Ceist:

442 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason the area based payment and the single farm payment have not been awarded to a person (details supplied) in County Galway; and if he will make a statement on the matter. [46253/08]

While the person named lodged applications under both the 2007 and 2008 Single Payment Schemes, these have not been fully processed, as issues relating to the transfer of entitlements to the person named remain to be resolved.

An application was received on 24 April 2007 requesting the transfer of 48.36 standard entitlements to the person named under the 2007 Single Payment Scheme. As already advised in reply to a previous Question, the person named is registered as a herd-keeper, not as a herd-owner and, as entitlements can only be transferred to persons who are herd-owners, it has not been possible to process this application. The person named has been advised on several occasions of the need to obtain a herd number and has been directed to Galway District Veterinary Office, the body responsible for the issuing of herd numbers for that county. The required documentation was received by my Department on 10 December and is sufficient to allow the person named be designated as the herd owner.

In addition, as the requested transfer is by way of inheritance, the person named has been requested to submit the standard testamentary documentation relating to inheritance. While the person named has supplied documentation concerning his claim to certain lands, requests for copies of Will and Probate or Letters of Administration have received no response. As of this time, all the necessary documentation has not been provided in support of the claim of the person named. On receipt of this documentation, my Department will process the application and will correspond directly with the person named.

Paul Connaughton

Ceist:

443 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when payment under REP scheme four will be awarded to a person (details supplied) in County Galway; and if he will make a statement on the matter. [46254/08]

REPS 4 is a measure under the current Rural Development Programme 2007-13 and is subject to different EU Regulations from the preceding versions of REPS. Under REPS 4, all payments are to be made in just two instalments. The first payment, of 75%, can be made only when all administrative checks on all 2008 applications for REPS 4 and the Single Payment Scheme are completed. This is why it has not yet been possible to release payments even to farmers who applied for REPS 4 some time before the closing date of 15 May.

Most REPS plans are now prepared using eREPS, the electronic planning system approved and funded by my Department. As the information in these plans is in computerised format, the administrative checks can be carried out quickly. However a substantial minority of plans submitted this year were not prepared using eREPS. Administrative checks on these have to be done manually and are extremely time-consuming. An effect of recent industrial action in my Department's local offices was that this process was delayed. While normal working has resumed in the local offices following the intervention of the Labour Relations Commission, there is still much to be done before the administrative checks are completed. In these circumstances my Department sought some flexibility from the European Commission which would have allowed payment of those REPS 4 cases which had been fully cleared, but the Commission were not prepared to allow this. As a result, it is now apparent that REPS 4 payments cannot issue before the end of 2008.

While I am anxious that the REPS 4 payments should go out as soon as possible, and my Department will make every effort to facilitate this, there are of course still over 48,000 farmers in REPS 3 and just under 16,000 of those have anniversary dates on 1 November and 1 December this year. Staff in my Department's local offices are currently engaged in processing the annual payment applications for these farmers, and I have asked them to make every effort to issue as many payments as possible before Christmas.

I have asked senior management in my Department to give me regular updates on the payment situation.

Paul Connaughton

Ceist:

444 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when full payment will be made under the cow welfare scheme to a person (details supplied) in County Galway; and if he will make a statement on the matter. [46256/08]

Payment of €1,749.88 in respect of twenty-two animals was issued on 12 December 2008. Seventeen animals are showing errors on the animal events dates. One calf will not qualify because its dam calved twice within 300 days during 2008. The remaining thirteen animals have not yet been validated, as no weaning date has been submitted. Staff from the Suckler Herds Section of my Department in Portlaoise will be in contact with the herdowner shortly to seek to resolve the remaining errors.

Questions Nos. 445 to 447, inclusive, answered with Question No. 433.

Animal Feedstuffs.

Michael Creed

Ceist:

448 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the conditions which must be adhered to, to comply with the type of licence held by an establishment (details supplied) in County Carlow; and if he will make a statement on the matter. [46260/08]

Michael Creed

Ceist:

449 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the procedure involved in inspecting if a licensee has complied with a licence such as that held by an establishment (details supplied) in County Carlow; and if he will make a statement on the matter. [46261/08]

Michael Creed

Ceist:

458 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if recycling plants involved in the production of animal feed are required to hold a specific type of product liability insurance; and if he will make a statement on the matter. [46270/08]

Caoimhghín Ó Caoláin

Ceist:

466 Deputy Caoimhghín Ó Caoláin asked the Minister for Agriculture, Fisheries and Food the situation pertaining to the suspended animal feed producing operation in County Carlow regarding allegations that plastic and other bread coverings were, as a matter of course, or occasionally, fed into the heating/drying process at that plant; if so, the advices he has received regarding the dangers involved for animal health and, consequently, as consumer/end user, for human health; and if he will make a statement on the matter. [46303/08]

I propose to take Questions Nos. 448, 449, 458 and 466 together.

The establishment must comply with relevant National and EU legislation, including those set down in the: European Communities (Food and Feed Hygiene) Regulations, 2005 (SI No. 910 of 2005) giving effect to EU Regulation 183/2005 laying down the requirements for feed hygiene; and European Communities (Undesirable substances in feedingstuffs) Regulations, 2003 (SI No. 317 of 2003) giving effect to EU Directive 2002/32 on Undesirable Substances in Animal Feed.

The specific operational obligations are set out in Annex II of the EU Feed Hygiene Regulations (183/2005). In cases where a feed manufacturer fails to comply with these obligations my Department will, depending on the nature and seriousness of the infringement, issue a warning; detain a product and prohibit its placement on the market; issue a product recall; close down the operation; initiate legal proceedings and ultimately remove the operator from the Register of Feed Business Operators.

The process used by the food business operator concerned involved the mechanical removal of wrapping material. There is no evidence to suggest that any residual wrapping material that may be present in the product presents any health or environmental hazards to human or animal health.

In relation to the registration of feed business operators, there is no legal obligation on feed business operators to hold specific types of insurance policies.

Question No. 450 answered with Question No. 433.

Pigmeat Sector.

Michael Creed

Ceist:

451 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the number of pigs and cattle which have been slaughtered or are to be slaughtered as a result of the recent contamination of meat products; and if he will make a statement on the matter. [46263/08]

My officials are currently engaged in discussions with producers and the industry with a view to putting in place the framework necessary to deal with issues relating to the slaughter of pigs and cattle that have been exposed to, or are suspected of having been exposed to contaminated animal feed. To date and apart from a small number that were slaughtered for sampling and testing purposes, no pigs or cattle have been slaughtered. The precise number of pigs and cattle that may be slaughtered has not been finalised at this stage.

Michael Creed

Ceist:

452 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the way pork products recalled from the market and those in storage which need to be destroyed will be disposed of; the amount this process is expected to cost; the timeframe during which disposal will take place; and if he will make a statement on the matter. [46264/08]

Following the Government announcement on 6 December 2008 that laboratory results of animal feed and pork fat samples obtained by the Food Safety Authority of Ireland (FSAI) confirmed the presence of dioxins, the FSAI required the food industry to recall from the market pork products produced from certain pigs slaughtered in Ireland.

Potentially contaminated pork products will be destroyed by rendering and some consignments have already been destroyed under the supervision of my Department. This material is classified as animal by-products (ABP), the disposal of which is strictly regulated under the ABP Regulation (EC) 1774 of 2002.

The recalled product is classified as Category 1 ABP under the Regulation and the options available for disposal are either through rendering at Category 1 rendering plants or export for incineration. Negotiations to ensure that this is done in the most cost effective manner are underway with a view to bringing a swift conclusion to this issue. It is envisaged that the disposal process will take a period of weeks as the material concerned is additional to the normal flow of material for disposal.

The Deputy will be aware that following agreement between my Department and the Pig Processing Sector a facility, to a maximum, of €178m has been set aside to fund the scheme for recalled pigmeat product. A specific scheme, the Pigmeat Recall Scheme is being drawn up at present and this will set out in further detail the steps to be followed by producers wishing to avail of the compensation package which the Government has put in place.

Michael Creed

Ceist:

453 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the number of samples which have been sent by his Department to the United Kingdom to be tested for dioxins since 2001; the cost involved in testing such samples; and if he will make a statement on the matter. [46265/08]

Between 2001 and 2008 my Department sent 682 samples of animal feed abroad for analysis for dioxins.

In this period as the routine screening for PCBs showed negative results there was no need to send samples from animal products for analysis for dioxin. However, to-date twenty samples associated with the present incident have been sent for testing to the UK.

The cost of such tests varies between €700 and €1000 per sample, depending on numbers, sample type etc. It is expected that the State Laboratory in Backweston will be in a position to carry out the type of analysis after the first quarter of 2009.

Michael Creed

Ceist:

454 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if An Bord Bia is to be provided with additional resources in the context of the development of an international campaign aimed at restoring consumer confidence in Irish meat products; and if he will make a statement on the matter. [46266/08]

Michael Creed

Ceist:

460 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the funding being provided to An Bord Bia in order to fund the labelling and marketing campaign post the recall of pork products; and if he will make a statement on the matter. [46272/08]

I propose to take Questions Nos. 454 and 460 together.

Bord Bia is funding the new label campaign from existing resources and will prioritize meat promotion within its budgetary allocation for 2009.

Questions Nos. 455 to 457, inclusive, answered with Question No. 433.
Question No. 458 answered with Question No. 448.
Question No. 459 answered with Question No. 433.
Question No. 460 answered with Question No. 454.
Question No. 461 answered with Question No. 433.

Michael Creed

Ceist:

462 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the date and time and manner in which his Department informed the European Commission and European Food Safety Authority of the detection of PCBs in Irish pork; and if he will make a statement on the matter. [46275/08]

On 5 December 2008 the Food Safety Authority of Ireland informed the EU Commission through the Rapid Alert System for Food and Feed (RASFF) that an investigation was being conducted by my Department in close collaboration with the FSAI into the source of a contaminant in animal feed. On 6 December 2008 the FSAI informed the European Commission that Ireland was taking steps to remove from sale all pigmeat and pigmeat products.

Following discussions between the FSAI and the EU Commission, on 8th December the EU Commission requested EFSA to provide scientific assistance on the risk for human health of the possibility of the presence of dioxins in pigmeat and pigmeat products from Ireland.

Food Labelling.

Michael Creed

Ceist:

463 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the new labelling system being implemented by An Bord Bia for pork products following the recall of pork products; and if he will make a statement on the matter. [46277/08]

To reassure consumers, the use of a new label for Irish pork and bacon products has been authorised. This applies both to products produced before 1st September and after 6th December 2008, and in addition products during this period that the food control agencies have verified as being unaffected by the contamination. Only pigs certified by veterinary officers from food control agencies as being free from the contaminant will enter the food chain and carry this label.

Grant Payments.

Michael McGrath

Ceist:

464 Deputy Michael McGrath asked the Minister for Agriculture, Fisheries and Food the position in relation to a grant application from a person (details supplied) in County Cork. [46278/08]

The applications received under my Department's Capital Investment Scheme for the marketing and processing of agricultural products are going through a competitive evaluation process in which the strengths of the various proposals are being assessed and ranked in line with the objectives of the Scheme.

This process will be completed shortly and applicants will be informed of the outcome.

Pigmeat Sector.

Caoimhghín Ó Caoláin

Ceist:

465 Deputy Caoimhghín Ó Caoláin asked the Minister for Agriculture, Fisheries and Food if he will confirm that it is the intention to include all producers and processors, including those involved in the preparation of affected value-added products, in a comprehensive compensation scheme arising from the decision to have all pork and bacon products withdrawn from the supply chain and to suspend all associated operations pending confirmation and approval to recommence operations and restore the industry to full production levels; and if he will make a statement on the matter. [46302/08]

Following the recall of pork products initiated on 6 December 2008, and on the basis of an ongoing evaluation process by my Department and other agencies involved in this issue I confirmed on 10 December 2008 that all the necessary controls are now in place to enable the restoration of supplies of Irish pork and bacon to consumers.

The recalled product is classified as Category 1 ABP under the Regulation and the options available for disposal are either through rendering at Category 1 rendering plants or export for incineration. Negotiations to ensure that this is done in the most cost effective manner are underway with a view to bringing a swift conclusion to this issue. It is envisaged that the disposal process will take a period of weeks as the material concerned is additional to the normal flow of material for disposal.

A Product Recall Scheme is in course of preparation. This scheme of assistance will apply to product recalled and product in storage resulting from the dioxin contamination. In addition, a scheme to compensate producers of detained animals is being negotiated at present.

Question No. 466 answered with Question No. 448.
Question No. 467 answered with Question No. 433.

Caoimhghín Ó Caoláin

Ceist:

468 Deputy Caoimhghín Ó Caoláin asked the Minister for Agriculture, Fisheries and Food when he expects the evaluation process to conclude (details supplied); and if he will make a statement on the matter. [46305/08]

Following the recall of pork products initiated on 6 December 2008, and on the basis of an ongoing evaluation process by my Department and other agencies involved in this issue I confirmed on 10 December 2008 that all the necessary controls are now in place to enable the restoration of supplies of Irish pork and bacon to consumers.

These controls, which were developed over a very short period, are being implemented by Department or local authority veterinary personnel at pigmeat slaughtering and processing plants.

The purpose of the controls is to ensure that only pigmeat certified as coming from herds that are completely unaffected by the current feed contamination issue enters the food chain and is supplied to consumers.

The controls allow those involved in the pigmeat industry to resume the supply and sale of Irish pork and bacon products in which the consumer can have full confidence. The decisive and rapid action taken by my Department and other agencies is part of a determined domestic and international marketing campaign.

All such products will carry a special label, developed by An Bord Bia, which will confirm that they are perfectly safe to consume and verifies them as having had no association with potentially contaminated feed.

Specific details of the control arrangements in relation to pigmeat produced up to 6 December 2008 are set out as follows.

With regard to pigmeat produced between 1st September 2008 and 6th December 2008, if the processor can demonstrate to the competent authority (Department of Agriculture, Fisheries and Food or Local Authority Veterinary Service) that individual consignments of pig meat or pig meat products were entirely derived from pigs which did not come from any of the restricted pig herds, then these consignments can be released onto the market.

For pigmeat and pigmeat products produced prior to 1st September 2008, my Department is satisfied, based on the available information, that the pigs from which these products were derived were not fed any of the dioxin contaminated pig feed. These products can remain on the market.

Further information is available on the Department's website or from the special helpline number at 1800 30 30 52.

Caoimhghín Ó Caoláin

Ceist:

469 Deputy Caoimhghín Ó Caoláin asked the Minister for Agriculture, Fisheries and Food the steps he will take to secure the most favourable arrangements and terms possible for the producers and processors of pigmeat with the Irish banking and financial services sector to help relieve the difficulties being experienced with cash-flows having dried up, creditors pressing for payment and thousands of workers either on temporary lay-off or protective notice; and if he will make a statement on the matter. [46306/08]

The agreement the Taoiseach and I concluded with pigmeat processors early last Thursday morning involved making available a facility of €180 million from the public finances to assist processors in funding the recall and destruction of certain pork products from the market and products in storage. This support provided the mechanism to enable processors secure the working capital required to fund their current operations. As a result of the package processing plants resumed operations last week. Contact was made at an early stage by my Department with the main banks involved with the pig processing sector to outline the actions being taken by Government in assisting the withdrawal of product.

Grant Payments.

Bobby Aylward

Ceist:

470 Deputy Bobby Aylward asked the Minister for Agriculture, Fisheries and Food when payment of REPS 4 will issue to a person (details supplied) in County Kilkenny. [46320/08]

REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to different EU Regulations from the preceding versions of REPS. Under REPS 4, all payments are to be made in just two instalments. The first payment, of 75%, can be made only when all administrative checks on all 2008 applications for REPS 4 and the Single Payment Scheme are completed. This is why it has not yet been possible to release payments even to farmers who applied for REPS 4 some time before the closing date of 15 May.

Most REPS plans are now prepared using eREPS, the electronic planning system approved and funded by my Department. As the information in these plans is in computerised format, the administrative checks can be carried out quickly. However a substantial minority of plans submitted this year were not prepared using eREPS. Administrative checks on these have to be done manually and are extremely time-consuming. An effect of recent industrial action in my Department's local offices was that this process was delayed. While normal working has resumed in the local offices following the intervention of the Labour Relations Commission, there is still much to be done before the administrative checks are completed. In these circumstances my Department sought some flexibility from the European Commission which would have allowed payment of those REPS 4 cases which had been fully cleared, but the Commission were not prepared to allow this. As a result, it is now apparent that REPS 4 payments cannot issue before the end of 2008.

While I am anxious that the REPS 4 payments should go out as soon as possible, and my Department will make every effort to facilitate this, there are of course still over 48,000 farmers in REPS 3 and just under 16,000 of those have anniversary dates on 1 November and 1 December this year. Staff in my Department's local offices are currently engaged in processing the annual payment applications for these farmers, and I have asked them to make every effort to issue as many payments as possible before Christmas.

I have asked senior management in my Department to give me regular updates on the payment situation.

Installation Aid Scheme.

Jimmy Deenihan

Ceist:

471 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food if a penalty of €3904.45 imposed on a person (details supplied) in County Kerry following their application for young farmers installation aid will be reversed on the grounds of force majeure; and if he will make a statement on the matter. [46321/08]

A penalty of €3,904.45 was applied in this case for late submission of the application for payment (IAS 2). My Department has not received a documented request for the application of force majeure from the person concerned.

Farm Restrictions.

Leo Varadkar

Ceist:

472 Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food the course of action that can be taken by a person (details supplied) in County Kilkenny who has had their livelihood put on hold due to the actions of his Department; when the restriction on their farm will be lifted; the compensation that will be granted; and if he will make a statement on the matter. [46336/08]

The livestock movement restriction placed on this farm has now been lifted.

Departmental Expenditure.

Ruairí Quinn

Ceist:

473 Deputy Ruairí Quinn asked the Minister for Education and Science the estimated annual cost of extending the free fees scheme to part-time courses in third level institutions. [45988/08]

There are currently some 21,000 part-time undergraduate students enrolled in the university and institute of technology sectors. It is not known how many of these students would qualify under any extension of the Free Fees Initiative as this would be determined by the eligibility criteria that would apply to such a scheme, including for example, residency, nationality, previous higher education attainment etc.

The availability of free fees would also be likely to impact on future demand for access to higher education on a part-time basis. Accordingly, the Deputy will appreciate that any estimate of costs is very tentative depending on the range of variables referred to. Taking account of these, and factoring in likely growth in numbers and unit cost funding implications for colleges, it is estimated that the costs of a scheme could be in the range of €40m to €100m per annum.

Schools Refurbishment.

Ruairí Quinn

Ceist:

474 Deputy Ruairí Quinn asked the Minister for Education and Science the nature of the building work occurring at a school (details supplied) in Dublin 6; the status of same; and if he will make a statement on the matter. [45889/08]

A major extension/refurbishment project is currently under way at the school referred to by the Deputy it is envisaged that the works will be completed in May 2009.

State Agencies.

Ruairí Quinn

Ceist:

475 Deputy Ruairí Quinn asked the Minister for Education and Science further to Parliamentary Question No. 29 of 4 December 2008, the State agency which will be assigned the role of regulator for international education provision; the person who will be responsible for such regulation within the chosen agency; when the chosen State agency will assume these responsibilities; and if he will make a statement on the matter. [45890/08]

It is my intention that the qualifications body which will arise from the amalgamation of the National Qualifications Authority of Ireland, the Higher Education and Training Awards Council and the Further Education and Training Awards Council should take on responsibility for providing the regulatory framework for the provision of international education programmes.

In the interim, I have asked the National Qualifications Authority of Ireland to take on responsibilities in this area, including for the maintenance of the "internationalisation register" of education programmes which is currently maintained in my Department. Transferring this important area of work is the subject of detailed discussions between my officials and the NQAI, and these discussions include the issue raised by the Deputy regarding who within the organisation will have responsibility for this body of work. I would estimate that the agency will assume these duties in the latter half of 2009.

Special Educational Needs.

Jack Wall

Ceist:

476 Deputy Jack Wall asked the Minister for Education and Science further to Parliamentary Question No. 491 of 1 July 2007, the position regarding the provision of a special needs assistant for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [45932/08]

My officials have been in contact with the NCSE and have been advised that an application for Special Needs Assistant support was received on 13 October 2008. The application was incomplete and further documentation was requested from the school authorities, which was subsequently received on 12 December 2008. I am informed that the local Special Educational Needs Organiser has been in contact with the school authorities in relation to the application.

A decision will issue directly to the school authorities once the process has been completed.

Departmental Expenditure.

Leo Varadkar

Ceist:

477 Deputy Leo Varadkar asked the Minister for Education and Science the number of staff in terms of whole-time equivalents who have been assigned by him to give effect to the commitment to assess, measure and then reduce by 25% administrative burdens imposed by his Department’s regulations to business; the financial resources that have been spent on such work to date in 2008; the expected expenditure for the remainder of 2008; the budget for 2009; and if he will make a statement on the matter. [45942/08]

I am aware that the Deputy raised this issues in October last and I wish to inform him that my Department recently completed the process of examining issues relating to the administrative burden on business.

The administrative burden on business focuses on commercial private sector organisations and regulations made by my Department which impact on education related bodies such as schools are not included.

My Department conducted a comprehensive analysis of higher education legislation and has found no substantial administrative costs are imposed on businesses arising from provisions in that legislation. Accordingly, there are no whole time equivalent staff engaged in support of this work and there is no specific budget allocation in this area in my Department.

Inquiry into Child Abuse.

Richard Bruton

Ceist:

478 Deputy Richard Bruton asked the Minister for Education and Science if it is within the scope of the Commission on Child Abuse to consider court committal cases in which children were sent into institutional care; if not, the reason this element of the abuse was excluded from the scope of the investigation; the extent to which the commitment (details supplied) in 1999 to examine the origin and causes of abuse of this element has been excluded; and the legal grounds on which the court committal process was excluded from investigation. [45974/08]

I wish to advise the Deputy that the Commission to Inquire into Child Abuse was established under statute:

To afford victims of abuse in childhood an opportunity to tell of the abuse they suffered to a sympathetic and experienced forum.

To establish as complete a picture as possible of the causes, nature and extent of the physical and sexual abuse of children in institutions and in other places during the period from 1940 to the present.

To compile a report and publish it to the general public, on the activities and the findings of the Commission, containing recommendations on actions to address the continuing effects of the abuse and actions to be taken to safeguard children from abuse in the future.

There were apparently three means by which children could be placed in institutions:—

(1) through the Courts,

(2) by the Health Boards or

(3) on a voluntary basis.

All former residents, regardless of the circumstances surrounding their placement in an institution, were entitled to apply to the Commission to either recount their experiences or to have their allegations investigated into. Court committal cases were not excluded from doing so.

The Commission is independent in the performance of its functions in accordance with the terms of the prescribed legislation. As Minister for Education & Science, I will not have access to the Committee's Report until such time as it is published to the general public. Consequently, it would not be appropriate for me to pre-empt its contents in terms of the issues investigated or reported on by the Commission at this time.

Schools Building Projects.

Richard Bruton

Ceist:

479 Deputy Richard Bruton asked the Minister for Education and Science the band rating of the building plan of a school (details supplied) in Dublin 3; the number and value of primary school projects in this band rating and in bands with a higher rating than this school; and the number of primary school projects and their value which have been under construction, given the go ahead to build and given approval to go to tender during 2008. [45975/08]

Richard Bruton

Ceist:

480 Deputy Richard Bruton asked the Minister for Education and Science the funding that can be made available to match funding being raised by parents to replace prefabs which are substandard at a school (details supplied) in Dublin 3; and when same funding will be formally approved and become payable. [45976/08]

I propose to take Questions Nos. 479 and 480 together.

The proposed building project for the school to which the Deputy refers has a Band 2.4 rating under the published prioritisation criteria for large scale building projects. It is at an advanced stage of architectural planning.

The information requested by the Deputy in relation to the number of projects with a similar and higher band ratings together with details of those under construction in 2008 is being compiled and will be forwarded to the Deputy separately. However, the Department does not provide information on the value of projects prior to tender stage as this could prejudice the tendering process.

I am pleased to inform the Deputy that the Department has taken a decision in principle to replace a number of prefabs at the school. It received information from the school recently which will enable this matter to progress further.

Higher Education Grants.

Enda Kenny

Ceist:

481 Deputy Enda Kenny asked the Minister for Education and Science the minimum duration in respect of being in receipt of a scheme (details supplied) that is required to be approved for the higher education grant; the special rate of maintenance grant in respect of the academic year 2008-09; and if he will make a statement on the matter. [45978/08]

Students who qualify for a maintenance grant for their attendance on a recognised full-time approved course in a third-level institution may also qualify for the higher, Special Rate of Maintenance Grant if they satisfy the relevant terms and conditions.

The payment referred to by the Deputy is an eligible social welfare payments prescribed under the Scheme. To qualify for the Special Rate of maintenance grant, an applicant must qualify for the ordinary maintenance grant in respect of the 2008/09 academic year. In addition, total reckonable income must not exceed a specified amount which, is €20,147 in the 2007 tax year. Finally, as at 31st December 2007 the reckonable income must include one of the eligible long-term Social Welfare payments prescribed under the scheme.

Schools Building Projects.

Joanna Tuffy

Ceist:

482 Deputy Joanna Tuffy asked the Minister for Education and Science the way an application for a secondary school building is given a band rating by his Department; the band ratings and the level of priority each band rating indicates; if applications for secondary school buildings in areas with a growing population are given priority under the band rating system; and if he will make a statement on the matter. [45984/08]

School building projects are selected for inclusion in the School Building and Modernisation Programme on the basis of priority of need.

My Department achieves this by assessing all applications for large scale capital funding against published prioritisation criteria. These criteria were devised following consultation with the Education Partners.

Under the criteria, individual applications are assigned a band rating which reflects both the type of accommodation needed and the extent of any deficit which requires to be addressed. Progress on individual projects is consistent with the assigned band rating. There are four band ratings overall with band 1 being the highest and band 4 the lowest.

Band 1

Band 1 projects address:

The needs of schools in rapidly developing areas.

The provision of specialist accommodation for special needs pupils.

Schools that are structurally unsound.

Rationalisation projects.

Band 2

Band 2 addresses the needs of schools that have a deficit of mainstream accommodation and or require refurbishment.

Band 3

Band 3 addresses the needs of schools that have no deficit of mainstream accommodation but that have a deficit of ancillary accommodation.

Band 4

Band 4 addresses the needs of schools that have desirable but not urgent needs. A new second-level school required for a major developing area would attract a band 1 rating.

I am satisfied that the prioritisation criteria are clear and unambiguous and that they bring an openness and transparency to the School Building and Modernisation Programme.

My Department also publishes the prioritisation criteria attaching to its devolved capital schemes — again to ensure openness and transparency and that funding is targeted at schools most in need.

Special Educational Needs.

Richard Bruton

Ceist:

483 Deputy Richard Bruton asked the Minister for Education and Science if he intends to curtail in anyway the appointment of special needs assistants during 2009; if decisions to withdraw SNA’s can be appealed to his Department and to the special needs council; and if he will make a statement on the matter. [45986/08]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants (SNAs) to schools to support children with special needs. The NCSE operate within my Department's criteria in allocating such support.

The NCSE will undertake to review a decision taken by a SENO on foot of a request from a school or parents/guardians, when accompanied by relevant additional information, which may not have been to hand at the time of the decision. The NCSE has outlined this process in its Circular 01/05.

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

Schools Building Projects.

Brian Hayes

Ceist:

484 Deputy Brian Hayes asked the Minister for Education and Science the reason the building programme at a school (details supplied) in County Wexford has never commenced, even though the school has been approved and had a design team in place since July 2007; if there are plans to commence this building programme; and if he will make a statement on the matter. [45987/08]

The Board of Management is the client for the project to which the Deputy refers. An issue has arisen in relation to the appointment of certain Design Team members by the Board. This issue must be resolved by it before the project can be considered for further progress.

Olwyn Enright

Ceist:

485 Deputy Olwyn Enright asked the Minister for Education and Science the position regarding the provision of a new school building in respect of a school (details supplied) in County Offaly; and if he will make a statement on the matter. [45995/08]

Officials from my Department are currently reviewing the Stage 2A submission, i.e. Developed Sketch Scheme. On completion of this review my officials will be in further contact with the school authorities.

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. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Olwyn Enright

Ceist:

486 Deputy Olwyn Enright asked the Minister for Education and Science the position regarding a school (details supplied) in County Offaly; if the school is ready to progress to the next stage; and if he will make a statement on the matter. [45996/08]

Schedules of accommodation have been accepted by County Offaly VEC for the proposed building project at the school to which the Deputy refers.

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. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Schools Refurbishment.

Enda Kenny

Ceist:

487 Deputy Enda Kenny asked the Minister for Education and Science if his attention has been drawn to the facilities that exist at a second level school (details supplied) in County Mayo; if he has received a report from consulting engineers regarding the health and safety issues relating to the situation; if he has read the detail of what is required as a matter of urgency; if, in view of the health and safety implications and access that students have at the moment to potentially dangerous chemicals, he will arrange to have immediate assistance provided; and if he will make a statement on the matter. [46021/08]

The school referred to by the Deputy submitted an application to my Department for funding under the Summer Works Scheme 2008. Neither the report referred to by the Deputy nor the issue to which it refers formed part of that application. My Department will contact the school concerned regarding the matter.

Since the Summer Works Scheme was introduced, over 3,000 projects, costing in excess of €300 million, have been completed. With so many smaller projects having been completed over the past few years, the particular emphasis in 2008 has been on providing sufficient school places in developing areas, while also delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. Accordingly my Department has focused on delivering as many large projects as possible in 2008 and funding was not made available for a Summer Works Scheme this year.

However, I recognise the benefits of the scheme in addressing the needs of schools and I have previously informed the house of my intention to have a Summer Works Scheme in 2009. The details of the operation of the scheme in 2009 and the level of funding to be made available under the scheme in 2009 are currently being considered and will be completed as soon as possible. The Professional and Technical Reports provided by schools for 2008 can be used again for future projects so that schools will not be at the loss of expenditure on them.

Departmental Statistics.

Ruairí Quinn

Ceist:

488 Deputy Ruairí Quinn asked the Minister for Education and Science further to Parliamentary Question No. 573 of 25 November 2008, when he expects the completion of the aggregate list of national schools owned by his Department; and if he will make a statement on the matter. [46022/08]

I am advised that officials in the planning and building unit are in the process of finalising the composition of the list of schools referred to by the Deputy and I understand that the list will be forwarded in the coming days.

School Transport.

Chris Andrews

Ceist:

489 Deputy Chris Andrews asked the Minister for Education and Science when and the reason the school transport scheme was introduced originally; the amount it cost the Exchequer in 2005, 2006 and 2007; his views, in view of the fact that car usage has increased since the introduction of the scheme, on whether the scheme should be reviewed; and if he will make a statement on the matter. [46046/08]

The school transport scheme was established in the late 1960s. From the outset, the purpose of the scheme was to ensure access to primary and post-primary education for children who, because of where they live, might have difficulty in attending school regularly. The scheme, which is operated by Bus Éireann on my Department's behalf, currently facilitates the transportation of over 135,000 children, including children with special needs, to primary and post-primary schools each day. The school transport system is a very significant operation involving about 42 million journeys of over 82 million kilometres on 6,000 routes every school year.

Expenditure on school transport in 2005, 2006 and 2007 was €122.157 million, €159.684 million and €172.106 million respectively.

While car usage has increased significantly since the introduction of the school transport scheme, the scheme aims to provide comfortable and safe transport for children travelling to and from school. Measures to ensure the highest standards in this regard include:

In recent years the phasing out of the 3 for 2 seating arrangement on both primary and post-primary services, providing all children with an adult seat each.

The addition of a considerable number of vehicles to address capacity shortfalls arising from the decision to provide each child with an individual seat and the equipping of all dedicated school buses.

Inspection by Bus Eireann using an independent agency to satisfy itself that all buses entering the School Transport Scheme have seat belts fitted to an appropriate standard, agreed with the Department of Transport.

In addition, Bus Éireann has put in place a random vehicle inspection process conducted by a leading independent external expert in this field.

I am pleased to inform the Deputy that proposals for the progressing of the review of the scheme, including catchment boundaries which is included in the Programme for Government are well advanced.

Departmental Funding.

Aengus Ó Snodaigh

Ceist:

490 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science if his attention has been drawn to the fact that funding available to a school (details supplied) in Dublin 12 is not sufficient to allow for the employment of a caretaker; and if he will make additional funding available. [46049/08]

Aengus Ó Snodaigh

Ceist:

491 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science if his attention has been drawn to the fact that due to funding constraints a school (denials supplied) in Dublin 12 has only a part-time secretary; and if he will make additional funding available. [46050/08]

I propose to take Questions Nos. 490 and 491 together.

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. The Ancillary Services grant scheme provides funding for primary schools towards the cost of secretarial and caretaking services. The scheme is flexible by nature, giving Boards of Management discretion as to the manner in which secretarial and caretaking services are provided.

In relation to day to day funding for schools I prioritised funding for primary schools in the recent budget, increasing the standard rate of capitation grant at primary level to €200 per pupil. The budget improvements involve an increase of more than €21 to bring the rate to €200 per pupil and the ancillary services grant for primary schools will also be improved by €3.50 to €155 per pupil.

Taken together, the budget increases mean that primary schools eligible for the full ancillary services grant will get €355 per pupil — or almost €25 extra — in this school year to cover their day to day running costs. In 2009, a school of similar size to the school in question (just over 120 pupils) will receive an ancillary services grant of almost €19,000. In addition such a school will receive at least €24,000 in respect of capitation payments. This excludes the salary of teachers and Special Needs Assistants which are paid by my Department.

I clearly will want to improve funding as soon as circumstances permit and I am confident that as the global economy improves it will be possible to build again on the significant achievements of recent years and do so in a manner consistent with overall prudent management of the Irish economy.

School Staffing.

Aengus Ó Snodaigh

Ceist:

492 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science if his attention has been drawn to the implications of the loss of substitution cover for a school (details supplied) in Dublin 12 which due to the small size of the school and classrooms will mean that resource teachers from learning support would have to be pulled to cover classes with negative repercussions for children with special needs; and if he will reverse the decision to withdraw substitute cover. [46051/08]

Substitution cover will continue to be provided for all other categories of absences currently available such as certified sick leave and maternity leave.

In primary schools there will be substitute cover for teachers on uncertified sick leave other than on the first day of absence. In a school where more than one teacher is absent on the first day of uncertified sick leave, substitute cover will be provided for the second and subsequent teachers that are absent. In schools with two teachers or less cover will be provided where any classroom teacher is absent.

In the period until the end of the school year, there will be a full review of the substitution and supervision scheme and related matters in conjunction with the school management bodies and teacher unions with a view to making up the additional expenditure and thereby ensuring that the budgetary parameters are met.

Schools Building Projects.

Thomas P. Broughan

Ceist:

493 Deputy Thomas P. Broughan asked the Minister for Education and Science the schools in north Dublin which received funding for capital works since 1 September 2004; the facilities that were provided with this funding; and if he will make a statement on the matter. [46057/08]

I have arranged for the information sought by the Deputy to be assembled and forwarded to him as soon as possible.

Regulatory Impact Analyses.

Leo Varadkar

Ceist:

494 Deputy Leo Varadkar asked the Minister for Education and Science the occasions on which he did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if he will make a statement on the matter. [46066/08]

Since June 2008 there have been 7 statutory instruments promulgated which relate to the education sector.

Four of these are orders of Government; two relate to the delegation of certain Ministerial functions to Ministers of State at my Department, whilst two others were made under the provisions of the Public Service Management Act 1997 to appoint the Special Advisers in accordance with the legislation. None of these are matters which would come within the parameters of Regulatory Impact Analysis (RIA).

One further order was made by the Minister for Education & Science with the consent of the Minister for Justice, Equality & Law Reform and following a motion of each House of the Oireachtas. This order related to an exemption to the Employment Equality Act 1998 to ensure the provision of a specific number of teacher training positions for the Church of Ireland College of Education. This is an existing legislative measure which falls to be renewed periodically and does not lend itself to RIA.

Of the remaining two orders, both were to give effect to the work of external bodies. One was to afford recognition to the Charter of Galway-Mayo Institute of Technology and the other related to regulations governing elections to the Teaching Council — RIA was not considered appropriate in either case.

Details of the 7 orders are as follows:

Education and Science (Delegation of Ministerial Functions) Order 2008 (S.I. 193/2008);

Employment Equality Act 1998 (Section 12) (Church of Ireland College of Education) Order 2008 (S.I. 251/2008);

Qualifications (Education and Training) Act 1999 (Section 31(5)) (Recognition of the Charter of Galway-Mayo Institute of Technology) Order 2008 (S.I. 262/2008);

Education and Science (Delegation of Ministerial Functions) (No.2) Order 2008 (S.I. 285/2008);

Teaching Council (Election of Members) Regulations 2008 (S.I. 386/2008) Appointment of Special Adviser (Minister for Education and Science) Order 2008 (S.I. 402/2008);

Appointment of Special Adviser (Minister for Education and Science) (No.2) Order 2008 (S.I. 410/2008).

Leo Varadkar

Ceist:

495 Deputy Leo Varadkar asked the Minister for Education and Science the occasions on which his Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if he will make a statement on the matter. [46081/08]

There have been no occasions since June 2008 on which it has been necessary for my Department to conduct a screening RIA on a statutory instrument or Bill. Consequently the matter of a full regulatory impact analysis does not arise.

Schools Building Projects.

Michael D'Arcy

Ceist:

496 Deputy Michael D’Arcy asked the Minister for Education and Science if there are plans for extensions to schools (details supplied) in County Wexford; and if he will make a statement on the matter. [46092/08]

It is my intention to make an announcement in the first quarter of 2009 on major primary and post-primary school projects to proceed to construction. The progression of further projects at the schools referred to by the Deputy will be considered at that time.

Michael D'Arcy

Ceist:

497 Deputy Michael D’Arcy asked the Minister for Education and Science the position regarding the provision of a second secondary school for Gorey, County Wexford; and if he will make a statement on the matter. [46093/08]

I am pleased to inform the Deputy that the secondary school in Gorey is one of seven schools which I have approved for inclusion in the 3rd Bundle of schools to be procured via Public Private Partnership.

The 3rd Bundle will immediately enter pre procurement which will entail my Department commencing a round of stakeholders meetings, preparation of a detailed output specification and securing outline planning permission for each of the sites.

On successful completion of this process the Bundle will then be handed over to the National Development Finance Agency for procurement.

Road Network.

Michael D'Arcy

Ceist:

498 Deputy Michael D’Arcy asked the Minister for Education and Science the situation regarding the provision of the road at the new schools at Killahue, Gorey, County Wexford which was a condition of planning permission that it be constructed to link up the new Gorey inner relief road; and if he will make a statement on the matter. [46094/08]

The construction of the proposed link road was not a condition of Planning. Rather the Planning Permission required that my Department provide plans to show the future link to the lands to the rear of the proposed inner-relief road. These links shall be provided when/if future development is permitted on the lands to the north-east of the site which are in the ownership of the Minister for Education and Science.

As part of the Department's planning compliance, it was asked to provide two number wayleaves measuring 10m each to the south eastern and north western boundaries for future roadways. It is a matter for Wexford County Council to determine which road, if any, will be constructed as part of any future development on the lands to the north-east of the site in question.

Special Educational Needs.

Emmet Stagg

Ceist:

499 Deputy Emmet Stagg asked the Minister for Education and Science the reason his Department has decided to cease the practice of allowing parents with autistic children from availing of the services of one of the five Joinx pre-schools which were funded through the home tuition grants scheme; if his attention has been drawn to the improvements associated with the children’s time in Jonix; if he will reverse the decision forthwith. [46110/08]

My Department has not taken the decision suggested by the Deputy in respect of the home tuition scheme.

I wish to advise the Deputy that my Department is continuing to work with the service provider in question in the context of a proposal which they submitted in relation to home tuition payment arrangements.

Schools Building Projects.

Liz McManus

Ceist:

500 Deputy Liz McManus asked the Minister for Education and Science his views on the situation facing pupils and staff of a school (details supplied) in County Wicklow due to ongoing structural problems; the status of the school in relation to the school building programme; his further views on whether this school is in urgent need of repair; and if he will make a statement on the matter. [46114/08]

The proposed building project for the school to which the Deputy refers is at an advanced stage of architectural planning.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Charlie O'Connor

Ceist:

501 Deputy Charlie O’Connor asked the Minister for Education and Science if he will investigate the circumstances under which works at a school (details supplied) in Dublin 24 have not been completed in accordance with the agreed formula worked out between the school management and design team on 5 November 2008 and given approval by his Department; and if he will make a statement on the matter. [46120/08]

An extensive project for the school referred to by the Deputy is nearing completion. As is normal, the school's consultant architect provided certification relating to satisfactory progress at various stages of the works. My Department funded the school, who were the party to the contract, on receipt of the certification to enable payments to be made to the contractor as required under the terms of the contract between the school and the contractor.

Officials from my Department met with the school management to discuss the situation which arose and urged the school to comply with the terms of the contract regarding payment due to the contractor. I understand that the school subsequently met with the consultant architect and exchanged correspondence with the contractor regarding the release of money and the completion of works on the project. It is anticipated that the works will be completed shortly.

Departmental Funding.

Jack Wall

Ceist:

502 Deputy Jack Wall asked the Minister for Education and Science his views on the way the contents of correspondence (details supplied) can be addressed to the satisfaction of those who supplied the submission in relation to class sizes, transition year, leaving certificate applied, book schemes and educational travel and so on; and if he will make a statement on the matter. [46125/08]

Ulick Burke

Ceist:

507 Deputy Ulick Burke asked the Minister for Education and Science if he can justify a cut of €1.05 million to a college (details supplied) in County Galway and expect the delivery of education services at the same high standard developed there over the years. [46164/08]

Willie Penrose

Ceist:

524 Deputy Willie Penrose asked the Minister for Education and Science if his attention has been drawn to the impact the cutbacks in education spending will have on a school (details supplied) in County Westmeath, and in particular the impact of the loss of teachers in the school due to the increase in pupil-teacher ratio of 2.6 teachers equivalents the loss of disadvantaged allocation one teacher equivalent, the loss of leaving certificate applied and transition year grants, and the loss of the grants for travelling children, together with the loss of the book grant and adverse impacts for the school concerned; and if he will make a statement on the matter. [46338/08]

I propose to take Questions Nos. 502, 507 and 524 together.

The 2009 Budget required difficult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect Education while protected to a much greater extent than most other areas of public expenditure could not be totally spared. The various impacts at school level were included in the Budget day announcements. Even with the Budget measures in place there will still be a significantly increased borrowing requirement in 2009.

My Department will be advising individual schools and Vocational Education Committees in the normal way in relation to their staffing and grant allocations. The preparatory work for this has commenced with the processing of enrolment data that has been received from schools. The staffing allocation processes including notification to schools will commence early in the New Year. The allocation process includes appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. In addition to the mainstream classroom teachers my Department also allocates teaching resources to schools for special needs and language support. The final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme.

I have no difficulty in setting out for this House or for the public generally the overall changes on aggregate teacher numbers or on grant levels in schools for the 2009/10 school year. I will do this when the allocation processes have been completed. Furthermore the staffing schedule will be published and it is a transparent and clear way of ensuring that schools are treated consistently and fairly and know where they stand.

At this time the priority for my Department within the resources available to it is to carry out those processes in a timely manner. Diverting resources in order to compile either historic information or to create staffing or funding profiles for individual schools or VECs, information which at this time could only be speculative, could not be justified and would in fact impede the process.

Physical Education Facilities.

Tom Hayes

Ceist:

503 Deputy Tom Hayes asked the Minister for Education and Science the position regarding an application by a school (details supplied) in County Tipperary for the provision of a sports hall at the school. [46152/08]

The school to which the Deputy refers has applied to my Department for capital funding for a General Purposes Room. Projects of this nature attract a Band 3 rating under the published prioritisation criteria for large scale building projects.

Because of the substantial number of higher priority projects that must be funded from the capital budget of the Department, it is not possible to give a timeframe for the progression of this project at this time.

School Staffing.

John Perry

Ceist:

504 Deputy John Perry asked the Minister for Education and Science the school year which will be used in determining teacher numbers in a school (details supplied) in County Sligo from September 2009; if the decision will be based on September 2007 enrolment figures or September 2008 enrolment figures; and if he will make a statement on the matter. [46160/08]

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 staffing allocation for the academic year 2009/10 will therefore be based on the enrolment figures as of 30 September 2008.

The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year. This process, which includes notification to all primary schools will commence early in the New Year. The allocation process includes appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. At primary level the final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme.

An important consideration in relation to the staffing allocations for schools is that schools should be treated in an equitable manner. The staffing schedule operates in a manner that treats schools in like circumstances equally. I have a responsibility to ensure that whatever the overall level of allocation the system for allocating teachers to schools is transparent and fair where everyone knows where they stand and each school knows that it is getting the same number of mainstream class teachers as the school up the road with similar enrolment.

Michael Ring

Ceist:

505 Deputy Michael Ring asked the Minister for Education and Science if the examination of alternative arrangements for a service (details supplied) in County Mayo has been completed; when the service will be restored in full; and if he will make a statement on the matter. [46162/08]

My Department has advertised a full-time Visiting Teacher post to be based in County Mayo. It is hoped to fill the post as early as possible in 2009.

Departmental Funding.

Ulick Burke

Ceist:

506 Deputy Ulick Burke asked the Minister for Education and Science if he is satisfied with the consequences of the education cuts to a college (details supplied) in County Galway resulting in a loss of €27,500 to their delivery of adult education in the country; and if he will make a statement on the matter. [46163/08]

The allocation of funding for 2009 for adult education has not yet been finalised by my Department. No decisions have been made in relation to funding for any Vocational Education Committee, including County Galway.

Question No. 507 answered with Question No. 502.

Ulick Burke

Ceist:

508 Deputy Ulick Burke asked the Minister for Education and Science if he will re-examine the situation at a college (details supplied) in County Galway following the cutbacks announced in budget 2009 as 16.68 teachers will be lost to the scheme which will have serious consequences resulting in the loss of 550 classes per week or 18,370 per year; and if he will make a statement on the matter. [46165/08]

I have consistently said that the 2009 Budget required difficult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect Education, while protected to a much greater extent than most other areas of public expenditure, could not be totally spared. The various impacts at school level were included in the Budget day announcements and in view of the ominous financial circumstances that we are facing I am not in a position to reverse any of the decisions taken.

Prudent management of the Government finances is particularly important at this time of global economic uncertainty when tax revenue has fallen so significantly and when world economic conditions are so serious. The increase in my Department's budget for 2009 of over €300 million — bringing the total to over €9.6 billion — is a real achievement in the current climate and the challenge will be to ensure that this investment is used to maximum effect.

I have made it clear in briefing material published on the 2009 Estimates for the Department of Education and Science that overall, the number of post-primary teachers in schools in September 2009 is projected to be about 200 fewer compared to September, 2008.

The allocation processes include appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. This is particularly relevant at post-primary level where the appellate process considers in particular any specific curricular needs of the school concerned. In addition discrete allocations are made to post-primary schools for example to cater for pupils with Special Educational Needs and those with Language difficulties.

I have already put it on record that I have no difficulty in setting out for this House or for the public generally what the final impact will be on the overall changes on aggregate teacher numbers in schools for the 2009/10 school year. I am not claiming in any way that there will be no impact on the staffing position in schools generally but this will vary from school to school and there will be schools where the number of teachers will remain the same.

For the moment the priority for my Department is to move ahead with the allocation processes and begin the interaction with individual schools early in the new year.

Ulick Burke

Ceist:

509 Deputy Ulick Burke asked the Minister for Education and Science if he will re-examine the effects of the education cuts in budget 2009 on a college (details supplied) in County Galway which will result in a loss of €55,000 in book grants to the scheme which will demolish the scheme and cause great hardship to parents and deprive many students of available text books; and if he will make a statement on the matter. [46166/08]

Notwithstanding the increase of €302 million in the Education budget for 2009, which is a real achievement in the current economic climate, a number of tough and difficult decisions had to be taken. These decisions included reductions on the aid for school books scheme. From 2009 this grant will be available only to schools within the DEIS scheme. Three schools under the management of County Galway VEC are designated included in the DEIS scheme and will continue to receive funding for school books.

DEIS (Delivering Equality of Opportunity in Schools) is the action plan for educational inclusion and focuses on addressing the educational needs of children and young people from disadvantaged communities. Approximately €7 million was made available in 2008 to DEIS schools for the school book grant scheme and this fund of €7 million will be made available for distribution to schools in the DEIS programme in 2009. The continuation of the school book grant to these schools is testament to the Government's determination to prioritise social inclusion and protect the most vulnerable in our society.

The Department continues to urge schools to implement book rental schemes as a measure to minimise the cost of school books to all parents. This was the recommendation of a consultancy report, submitted to my department in 1993, which dealt with the factors which contribute to the cost of school text books. The report, copies of which were sent to all schools, contains a number of useful suggestions, including a Code of Good Practice for successful operation of book rental schemes. My Department fully endorses the report's recommendations.

Higher Education Grants.

Arthur Morgan

Ceist:

510 Deputy Arthur Morgan asked the Minister for Education and Science if he will reconsider the decision to refuse the higher education grant to a person (details supplied) in County Louth for the academic year 2008-09; and if he will make a statement on the matter. [46168/08]

The condition in the 2008 maintenance grant schemes relating to residency requires, in the case of an ‘Independent Mature Candidate' the candidate himself/herself shall have been ordinarily resident in the administrative area of the Local Authority from 1st October 2007.

The candidate, referred to by the Deputy appealed Louth County Council's decision not to award a Higher Education Grant to my Department. The decision of the assessing authority in this case was upheld on appeal.

It is not open to me, or to my Department, to depart from the terms of the maintenance grant schemes in individual cases.

Whole School Evaluations.

Enda Kenny

Ceist:

511 Deputy Enda Kenny asked the Minister for Education and Science the number of whole school evaluations carried out in each of the past five years in secondary schools; the name of each school where such whole school evaluation has been carried out; the cost in each year of carrying out whole school evaluations; if he will provide a copy of the assessment and value of the whole school evaluations and the consequential recommendations and improvements actually carried out as a result of the evaluations in question; and if he will make a statement on the matter. [46171/08]

Whole-school evaluation (WSE) is a model of external evaluation for primary and post-primary schools that was formally introduced during the school year 2003/2004. WSE provides an external view to a school on the quality of its work and advice on how that work could be strengthened and improved.

In the 2004-2008 period, whole-school evaluations were conducted in 241 post-primary schools as follows:

2004 — 12 WS;

2005 — 53 WS;

2006 — 57 WSE;

2007 — 59 WSE;

2008 — 60 WSE.

Details of the schools in which a WSE was conducted during the 2004-2008 period are in the following table.

As the Inspectorate is part of the Department of Education and Science, all costs associated with its work are paid from the administrative budget of the Department. Whole school evaluations form just part of the Inspectorate's business plan in any given year. In addition, inspectors are also involved in a wide range of other work such as subject inspections, programme evaluations, the preparation of composite and thematic evaluation reports on aspects of educational provision in schools, participation in appeal boards established under Section 29 of the Education Act, and in contributing to policy formulation and development in areas such as teacher education, special education, and curriculum and assessment policy. It is not possible at present to separate out the costs specifically associated with whole school evaluations from other evaluations and from other costs incurred in carrying out the wider range of duties undertaken by inspectors. In 2007, there were 159 primary and post-primary inspectors at various grades and the total gross salary cost for 2007 was €13,450,363. The total travel and subsistence expenses paid, in accordance with Civil Service rates, in 2007 was €1,688,886.

Whole-school evaluation is designed to encourage a culture of improvement and an emphasis of the quality of provision in schools. It does so by providing an external perspective on the quality of the key aspects of the school's work including its management, leadership, teaching and learning. It seeks to affirm good practice and constructively identify areas for improvement. In doing so, whole-school evaluation complements the self-evaluation and school development planning carried out by the school (and in post-primary schools, on the development and self-review carried out by individual subject departments). It also provides a rigorous evaluation of the work of the school.

Since Feb 2006, all reports arising from WSE (as well as subject and programme inspections and evaluations of centres for education) are published on the Department's website. A total of 129 WSE reports on post-primary schools have been published since June 2006. The publication of inspection reports in this way ensures that the school community including parents, as well as other schools and the general public, have access to meaningful information on quality and standards in the education system. It also enables the school community to contribute to implementing the recommendations made by the inspection team. As part of the publication process, the school's board of management is also offered the opportunity to respond to the inspection report and set out how it intends to use the report to improve provision in the school.

An evaluation of the impact of WSE in each of the individual schools listed in the table has not been carried out. However, the Inspectorate has commissioned an independent review of the effectiveness of its work in schools. This customer survey, conducted by MORI in 2005, found that of teachers who had had recent experience of inspection, over 89% agreed or strongly agreed with the statement that "strengths as well as opportunities and recommendations were identified" during the inspection; over 86% agreed or strongly agreed with the statement that "feedback and advice were given in a supportive and constructive manner"; 80% agreed or strongly agreed with the statement that "inspectors provided constructive advice about ways of improving educational provision for pupils;" and over 80% agreed or strongly agreed with the statement that "written reports were clear and provided me with valid and constructive recommendations for development." The same survey conducted among principals whose schools had recently experienced inspection found that over 87% of principals agreed or strongly agreed with the statement that "inspectors provided constructive advice to the school about ways of improving educational provision for pupils;" and 91% of principals agreed or strongly agreed with the statement that "written reports were clear and provided the school with valid and constructive recommendations for development." Evidence from the school responses submitted by school management in response to the individual inspection reports listed for the deputy shows that in many cases, schools had either planned to implement recommendations or had already commenced doing so.

Responsibility for the implementation of improvements suggested by the inspection lies primarily with the board of management, principal and staff of each school. In some cases, schools may seek the assistance of school support services to assist them in implementing some changes. My Department deals, through its Schools Division, with the very small number of cases where very serious weaknesses are pointed out by the inspection. In such cases, it is sometimes necessary for my Department to engage with the patron, trustees or management of the school to ensure that the need for improvement and change is fully appreciated by the school and those responsible for its management.

Roll No.

School

Address

Year of WSE

63840C

St. Joseph’s C.B.S.

Newfoundwell Rd, Drogheda, Co Louth

2004

71960I

Community College Dunshaughlin

Dunshaughlin, Co Meath

2004

60140F

Mount Anville Secondary School

Mount Anville Rd, Dublin 14

2004

70610W

City Vocational School

New Street, Kilkenny

2004

91301D

Holy Family Community School

Kilteel Road, Rathcoole, Co Dublin

2004

63150A

St. Jarlath’s College

Tuam, Co. Galway

2004

64300V

Scoil Carmel

O’Connell Avenue, Limerick

2004

61370E

St. Michael’s College

Listowel, Co. Kerry

2004

62140P

St Aloysius College

Carrigtwohill, Co Cork

2004

70041J

Collinstown Park Community College

Neilstown Rd., Rowlagh, Clondalkin, Dublin 22

2004

76062B

Castleknock Community College

Carpenterstown Road, Castleknock, Dublin 15

2004

91335U

Tallaght Community School

Balrothery, Tallaght, Dublin 24

2004

60300B

Manor House School

Watermill Road, Raheny, Dublin 5

2005

60370W

St. Fintan’s High School

Dublin Road, Sutton, Dublin 13

2005

61051L

St Clare’s College

Ballyjamesduff, Co. Cavan

2005

63520H

Ballinamore Post Primary Schools

Ballinamore, Co Leitrim

2005

63920A

Dundalk Grammar School

Dundalk, Co Louth

2005

71970L

St. Fintinas Post Primary School

Longwood, Enfield, Co Meath

2005

72190N

Castleblayney College

Dublin Road, Castleblayney, Co Monaghan

2005

72330D

Grange Vocational School

Grange, Co Sligo

2005

76072E

Abbey Community College

Boyle, Co Roscommon

2005

76083J

Magh Ene College

Church Road, Bundoran, Co Donegal

2005

91512Q

St Attracta’s Community School

Tubbercurry, Co. Sligo

2005

91517D

Athboy Community School

Athboy, Co. Meath

2005

60342R

Colaiste Eanna

Ballyroan, Dublin16

2005

60361V

St Raphaela’s Secondary School

Upper Kilmacud Road, Stillorgan, Co Dublin

2005

60530S

Gonzaga College

Sandford Road, Ranelagh, Dublin 6

2005

61130H

St Mary’s Knockbeg College

Knockbeg, Co. Carlow

2005

61520U

St. Brigid’s College

Callan, Co. Kilkenny

2005

61830M

St David’s Holy Faith Secondary

Co-Educational School, Greystones, Co Wicklow

2005

63640R

Christian Brothers Secondary School

Thomas St, Wexford

2005

70410O

Coláiste Eoin

Hacketstown, Co Carlow

2005

70820K

Abbey Community College

Wicklow, Co. Wicklow

2005

71680C

Wexford Vocational College

Westgate, Wexford, Co Wexford

2005

91310E

Cabinteely Community School

Cabinteely, Dublin 18

2005

91343T

St. Tiernan’s Community School

Parkvale, Balally, Dublin 16

2005

61930Q

Coláiste Mhuire

Harmony Row, Ennis, Co Clare

2005

62980N

St. Mary’s College

St. Mary’s Road, Galway

2005

63090I

Holy Rosary College

Mountbellew, Co Galway

2005

70901K

St Anne’s Community College

Killaloe, Co Clare

2005

71840V

Colaiste Chiarain

Croom, Co. Limerick

2005

72370P

Borrisokane Community College

Borrisokane, Co Tipperary

2005

91414Q

Dunmore Community School

Dunmore, Co Galway

2005

91461C

Ballyhaunis Community School

Knock Road, Ballyhaunis, Co. Mayo

2005

62080A

Árdscoil Phobal Bheanntrai

Bantry, Co Cork

2005

62200H

Colaiste Muire

Crosshaven, Co. Cork

2005

62420V

Christian Brothers Secondary School

Mitchelstown, Co Cork

2005

62470N

Mount St Michael

Rosscarbery, Co Cork

2005

62691G

Regina Mundi College

Douglas Road, Cork

2005

64922J

Stella Maris

Pond Rd, Tramore, Co Waterford

2005

64930I

C.B.S. Mount Sion, Waterford

Barrack Street, Waterford

2005

65010R

Newtown School

Waterford, Co. Waterford

2005

65270U

C.B.S.

Carrick-On-Suir, Co Tipperary

2005

70520V

Castleisland Community College

Tonbwee, Castleisland, Co. Kerry

2005

70970G

Cobh Community College

Carrignafoy, Cobh, Co. Cork

2005

71110H

Nagle Community College

Mahon, Blackrock, Cork

2005

60741I

St Michaels Secondary School

Wellmount Road, Finglas, Dublin 11

2005

60851P

Assumption Secondary School

Walkinstown, Dublin 12

2005

61702D

St Pauls Secondary School

Monasterevin, Co Kildare

2005

63750B

St. Mel’s College

Longford, Co. Longford

2005

71430C

Columba College

Killucan, Co Westmeath

2005

72520I

Coláiste Naomh Cormac

Kilcormac, Co Offaly

2005

76077O

Larkin Community College

Champions Avenue, Dublin 1

2005

91302F

Phobailscoil Iosolde

Palmerstown, Dublin 20

2005

91427C

Heywood Community School

Ballinakill, Portlaoise, Co. Laois

2005

60750J

Holy Faith Secondary School

1 Belgrove Road, Clontarf, Dublin 3

2006

63841V

St Mary’s Diocesan School

Beamore Road, Drogheda, Co. Louth

2006

64450R

Scoil Mhuire

Convent Of Mercy, Trim, Co Meath

2006

64750G

Patrician High School

Carrickmacross, Co. Monaghan

2006

65150K

Jesus & Mary Secondary School

Enniscrone, Co Sligo

2006

70010V

Balbriggan Community College

Pine Ridge, Chapel St., Balbriggan, Co Dublin

2006

71150T

Carrick Vocational School

Carrick, Co. Donegal

2006

71241W

St. Catherine’s Vocational School

Donegal Road, Killybegs, Co. Donegal

2006

71750U

Bush Post Primary School

Riverstown, Dundalk, Co Louth

2006

91342R

Pobalscoil Neasáin

Baldoyle, Dublin 13

2006

91506V

Coláiste Cholmcille

College St, Ballyshannon, Co Donegal

2006

60050E

Oatlands College

Mount Merrion, Co Dublin

2006

60490J

C.B.S. Westland Row

Westland Row, Dublin 2

2006

60820E

Loreto College

53 St Stephens Green, Dublin 2

2006

61150N

Presentation / De La Salle College

Royal Oak Road, Muine Bheag, Co. Carlow

2006

61590S

Presentation Secondary School

Loughboy, Kilkenny

2006

63610I

Good Counsel College

New Ross, Co Wexford

2006

70710D

St Patrick’s Community College

Limerick Road, Naas, Co. Kildare

2006

70740M

Arklow Community College

Coolgreaney Rd., Arklow, Co Wicklow

2006

76092K

Presentation College

Terenure, Dublin 6W

2006

91305L

Ballinteer Community School

Ballinteer, Dublin 16

2006

91360T

Community School

Castlecomer, Co Kilkenny

2006

91431Q

Ramsgrange Community School

Ramsgrange, New Ross, Co Wexford

2006

61940T

Meánscoil Na mBráithre

Ennistymon, Co. Clare

2006

62880J

Colaiste Sheosaimh

Gearrbhaile, Beál Áth na Slua, Co na Gaillimhe

2006

64280S

Salesian Secondary School

Fernbank, North Circular Road, Limerick

2006

64610N

Coláiste Cholmáin

Claremorris, Co Mayo

2006

71250A

Colaiste Cholmcille

Indreabhán, Co na Gaillimhe

2006

71850B

Hazelwood College

Dromcollogher, Co. Limerick

2006

71920T

St Nessan’s Community College

Moylish Park, Moylish, Limerick

2006

72050U

St. Brendan’s College

Belmullet, Co. Mayo

2006

72280O

Elphin Community College

Elphin, Castlerea, Co Roscommon

2006

91412M

Scoil Phobail

Clifden, Co Galway

2006

61360B

The Intermediate School

Iveragh Road, Killorglin, Co. Kerry

2006

61450C

Presentation Secondary School

Tralee, Co Kerry

2006

62330U

Patrician Academy

Mallow, Co Cork

2006

62460K

St Francis Capuchin College

Rochestown, Co Cork

2006

62630J

St Aloysius School

St Maries Of The Isle, Sharman Crawford Street, Cork

2006

65300D

Rockwell College

Cashel, Co Tipperary

2006

65490L

The Abbey School

Station Road, Co. Tipperary

2006

70990M

Coláiste an Chraoibhin

Duntaheen Road, Fermoy, Co Cork

2006

72420E

Central Technical Institute

Clonmel, Co Tipperary

2006

76066J

Meánscoil San Nioclás

Rinn O gCuanach, Co. Phort Láirge

2006

91386O

Ballincollig Community School

Innishmore, Ballincollig, Co Cork

2006

91390F

Millstreet Community School

Millstreet Town, Co Cork

2006

60100Q

Castleknock College

Castleknock, Dublin 15

2006

60481I

St. Aidan’s C.B.S.

Collins Avenue Ext, Whitehall, Dublin 9

2006

60843Q

St Josephs Secondary School

Stanhope St, Dublin 7

2006

60870T

Our Lady Of Mercy College

Beaumont, Dublin 9

2006

63211R

St Joseph’s College

Summerhill, Athlone, Co Westmeath

2006

63221U

Meán Scoil an Chlochair

Kilbeggan, Mullingar, Co Westmeath

2006

63290Q

Loreto College

Mullingar, Co Westmeath

2006

70700A

Maynooth Post Primary School

Moyglare Rd, Maynooth, Co Kildare

2006

71520D

St Fergal’s College

Rathdowney, Co Laois

2006

91338D

St Aidan’s Community School

Brookfield, Tallaght, Dublin 24

2006

91505T

St Wolstan’s Community School

Ballymakeely, Clane Rd, Celbridge, Co Kildare

2006

91515W

Gallen Community School

Ferbane, Co. Offaly

2006

60390F

St Josephs C.B.S.

Merville Ave, Fairview, Dublin 3

2007

62770C

Scoil Mhuire Secondary School

St. Oran’s Road, Buncrana, Co. Donegal

2007

63880O

Colaiste Rís

Sraid an tSéipéil, Dún Dealgan, Co Lú

2007

64350N

St Patrick’s Classical School

Moatlands, Navan, Co Meath

2007

64820B

St. Louis Secondary School

Monaghan, Co. Monaghan

2007

65180T

Ursuline College

Finisklin, Sligo

2007

70390L

Virginia College

Virginia, Co Cavan

2007

71220O

Mulroy College

Milford, Letterkenny, Co Donegal

2007

71570S

Vocational School

Drumshanbo, Co Leitrim

2007

72210Q

Beech Hill College

Monaghan, Co. Monaghan

2007

76078Q

Skerries Community College

Skerries, Co. Dublin

2007

81005Q

St Aidans Comprehensive School

Cootehill, Co Cavan

2007

91318U

The Donahies Community School

Streamville Road, Dublin 13

2007

60261R

St Benildus College

Upper Kilmacud Rd., Stillorgan, Blackrock, Co Dublin

2007

60341P

Sancta Maria College

Ballyroan, Rathfarnham, Dublin 16

2007

60500J

Marian College

Ballsbridge, Dublin 4

2007

60540V

Catholic University School

89 Lower Leeson Street, Dublin 2

2007

61730I

Coláiste Naomh Mhuire

Convent Of Mercy, Sallins Rd., Naas, Co Kildare

2007

61790D

St Brendan’s College

Woodbrook, Bray, Co Wicklow

2007

61860V

Dominican College

Wicklow, Co. Wicklow

2007

63630O

Our Lady of Lourdes Secondary School

Rosbercon, New Ross, Co Wexford

2007

70400L

Borris Vocational School

Borris, Co Carlow

2007

70620C

Coláiste Cois Siúire

Mooncoin, Co Kilkenny

2007

70790E

Coláiste Bhríde Carnew

Carnew, Co.Wicklow

2007

91492N

Gorey Community School

Esmonde Street, Gorey, Co. Wexford

2007

62020F

St. Joseph’s Secondary School

Tulla, Co. Clare

2007

62900M

Coláiste Mhuire

Ballygar, Co. Galway

2007

63001G

Jesus & Mary Secondary School

Salerno Secondary School, Threadneedle Rd., Salthill, Galway

2007

64130W

Scoil Pól

Kilfinane, Co. Limerick

2007

64200R

Colaiste Mhichil

Sexton Street, Limerick

2007

64270P

Laurel Hill Coláiste FCJ

Cnoc Na Labhras, Luimneach

2007

64630T

Jesus & Mary Secondary School

Gortnor Abbey, Crossmolina, Co Mayo

2007

65241N

St Josephs College

Borrisoleigh, Thurles, Co Tipperary

2007

71270G

Gairmscoil Mhuire

Athenry, Co Galway

2007

81007U

Shannon Comprehensive School

Shannon, Co Clare

2007

91462E

Ballinrobe Community School

Convent Road, Ballinrobe, Co Mayo

2007

91498C

Gort Community School

Gort, Co. Galway

2007

62130M

Coláiste An Chroí Naofa

Carraig na bhFear, Co Chorcaí

2007

62310P

De La Salle College

Macroom, Co Cork

2007

62440E

Scoil na mBráithre Chríostaí

Bakers Road, Charleville, Co Cork

2007

62590A

St Vincent’s Secondary School

St Mary’s Road, Cork

2007

70450D

Killarney Community College

New Road, Killarney, Co Kerry

2007

70920O

Colaiste Ghobnatan

Baile Mhic Ire, Co Chorcaí

2007

71050P

St Colman’s Community College

Youghal Road, Midleton, Co Cork

2007

71102I

Schull Community College

Colla Road, Schull, Co Cork

2007

76063D

Colaiste Dun Iascaigh

Cashel Road, Cahir, Co Tipperary

2007

91400F

Mayfield Community School

Old Youghal Road, Mayfield, Cork

2007

91503P

Pobalscoil Inbhear Sceine

Kenmare, Co. Kerry

2007

91509E

Blackwater Community School

Ballyanchor Road, Lismore, Co Waterford

2007

60420L

Árdscoil Rís

Griffith Avenue, Dublin 9

2007

60430O

St Pauls C.B.S.

Christian Brothers, Nth Brunswick Street, Dublin 7

2007

60491L

St Declan’s College

Nephin Road, Cabra, Dublin 7

2007

60571J

Patrician College

Deanstown Ave, Finglas West, Dublin 11

2007

60720A

Saint Dominic’s Secondary School

Kylemore Road, Ballyfermot, Dublin 10

2007

61690W

Cross And Passion College

Kilcullen, Co Kildare

2007

63730S

Cnoc Mhuire

Granard, Longford

2007

72560U

Tullamore College

Riverside, Tullamore, Co. Offaly

2007

91426A

Community School

Mountmellick, Co Laois

2007

91491L

St.Brendan’s Community School

Birr, Co Offaly

2007

60380C

St Dominic’s High School

Santa Sabina, Greenfield Road, Sutton, Dublin 13

2008

60791A

St Marys Secondary School

St Brigids Road, Killester, Dublin 5

2008

61080S

Royal School Cavan

College Street, Cavan, Co. Cavan

2008

63850F

Our Ladys College

Greenhills, Drogheda, Co Louth

2008

64410F

Eureka Secondary School

Kells, Co. Meath

2008

70120F

St Finians Community College

Swords, Co Dublin

2008

70121H

Fingal Community College

Seatown Road, Swords, Co Dublin

2008

70380I

Breifne College

Cootehill Rd., Cavan, Co Cavan

2008

71140Q

Crana College

Crana Road, Buncrana, Co. Donegal

2008

72170H

Ballybay Community College

Ballybay, Co Monaghan

2008

91325R

Malahide Community School

Broomfield, Malahide, Co. Dublin

2008

91508C

Boyne Community School

Trim, Co. Meath

2008

60042F

Coláiste Íosagáin

Bóthar Stigh Lorgan, Baile an Bhóthair, Co Átha Cliath

2008

60090Q

Rathdown School

Glenageary, Co Dublin

2008

60340N

Loreto High School

Beaufort, Grange Rd., Rathfarnham, Dublin 14

2008

60410I

C.B.S. James Street

James’s Street, Dublin 8

2008

60561G

St Michaels College

Ailesbury Road, Dublin 4

2008

60640C

Sandford Park School Ltd

Sandford Road, Ranelagh, Dublin 6

2008

63550Q

F.C.J. Secondary School

Bunclody, Enniscorthy, Co Wexford

2008

70200D

Technical Institute

Cambridge Road, Ringsend, Dublin 4

2008

70260V

St Mac Dara’s Community College

Wellington Lane, Templeogue, Dublin 6W

2008

70600T

Coláiste Mhuire

Johnstown, Co Kilkenny

2008

71650Q

Kilmuckridge Vocational College

Kilmuckridge, Co. Wexford

2008

91356F

Tullow Community School

The Mullawn, Tullow, Co. Carlow

2008

91376L

St. Kilian’s Community School

Ballywaltrim, Bray, Co. Wicklow

2008

62000W

Mary Immaculate Secondary School

Lisdoonvarna, Co Clare

2008

62870G

Presentation College

Athenry, Co Galway

2008

62981P

Coláiste Einde

Threadneedle Road, Galway

2008

63170G

Presentation College

Currylea, Tuam, Co Galway

2008

64510J

St Muredachs College

Sligo Road, Ballina, Co Mayo

2008

64590K

Naomh Iosaef

Clochar na Trócaire, Caisleán An Bharraigh, Co. Mhaigh Eó

2008

64640W

St Joseph’s Secondary School

Foxford, Co Mayo

2008

70900I

Scariff Community College

Scariff, Co Clare

2008

71870H

Vocational School

Abbeyfeale, Co. Limerick

2008

76061W

Colaiste na Trocaire (Mercy Community College)

Rathkeale, Co. Limerick

2008

76069P

Colaiste Phobáil Ros Cré

Corville Rd, Roscrea, Co Tipperary

2008

81014R

Crescent College Comprehensive

Dooradoyle Rd., Dooradoyle, Limerick

2008

61320M

Coláiste Bhréanainn

Cill Airne, Co Chiarraí

2008

62061T

Coláiste Na Toirbhirte

Árd Aoibhinn, Bandon, Co Cork

2008

62490T

Mercy Heights Secondary School

Skibbereen, Co Cork

2008

62531H

Gaelcholáiste Mhuire

An Mhainistir Thuaidh, Corcaigh

2008

62650P

Ursuline Secondary School

Blackrock, Cork

2008

64890W

St Augustines College

Abbeyside, Dungarvan, Co Waterford

2008

64940L

Waterpark College

Park Road, Waterford

2008

64971W

Our Lady of Mercy Secondary School

Ozanam St., Waterford

2008

65320J

Árdscoil na mBráithre

Clonmel, Co Tipperary

2008

70540E

Causeway Comprehensive School

Causeway, Co. Kerry

2008

70960D

Coachford College

Coachford, Co Cork

2008

76086P

Maria Immaculata Community College

Dunmanway, Co Cork

2008

91497A

Cashel Community School

Dualla Road, Cashel, Co Tipperary

2008

91504R

Scoil Phobail Sliabh Luachra

Rathmore, Co. Kerry

2008

60264A

Coláiste Phádraig CBS

Roselawn, Lucan, Co Dublin

2008

60400F

St Vincents C.B.S. Glasnevin

Glasnevin, Dublin 11

2008

60510M

St Johns College De La Salle

Le Fanu Rd., Ballyfermot, Dublin 10

2008

61682A

Holy Family Secondary School

Newbridge, Co. Kildare

2008

65630B

Killina Presentation Secondary School

Rahan, Tullamore, Co Offaly

2008

70040H

Deansrath Community College

New Nangor Road, Clondalkin, Dublin 22

2008

71450I

Mullingar Community College

Millmount Road, Mullingar, Co. Westmeath

2008

81017A

Trinity Comprehensive School

Ballymun Road, Dublin 9

2008

91316Q

Blakestown Community School

Blanchardstown, Dublin 15

2008

Irish Language.

Aengus Ó Snodaigh

Ceist:

512 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science the reason the demand for schooling through the medium of Irish is not one of the criteria listed to be taken account of by the forward planning section in its process of identifying areas in which additional schools are required; if this runs contrary to his policy; and if he will make a statement on the matter. [46185/08]

Aengus Ó Snodaigh

Ceist:

513 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science if his attention has been drawn to the fact that the existing Gaelscoileanna servicing the demand for Irish-medium education in Dublin 12, including schools (details supplied) are full to capacity and have waiting lists, sometimes three times their capacity; the plans to cater for this demand; if consideration is being given to the proposal to open a new Gaelscoil in 2009; and if he will make a statement on the matter. [46186/08]

Aengus Ó Snodaigh

Ceist:

514 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science his views on whether his statement that new schools will not be established for reasons unrelated to demographic growth in areas in which there is already or in which increases can be catered for by extending existing school accommodation runs counter to the status of Irish as the national language. [46187/08]

I propose to take Questions Nos. 512 to 514, inclusive, together.

As the Deputy will be aware I have recently established a Technical Working Group under the Commission on School Accommodation to undertake a full review of the criteria and procedures for the recognition of new primary schools, including Gaelscoileanna. This working group will begin work shortly and it is expected that the review of procedures for recognising primary schools will be completed and revised arrangements in place within a two year timeframe. All the partners in education will be represented during this review process, including an Foras Pátrúnachta.

In the interim period it is not proposed to recognise any new primary schools, except in areas where increases in pupil numbers cannot be catered for in existing schools and which require the provision of new schools. This means that new schools will not be established for reasons not related to demographic growth in areas where there is already sufficient school accommodation or where increases can be catered for by extending existing school accommodation. It, of course, remains open to existing schools to apply for capital funding under the Department's large scale Capital Building Programme to cater for long term accommodation needs to meet increasing demand for places. All such applications are assessed in the context of the existing and projected demographics of an area.

Site Acquisitions.

Michael McGrath

Ceist:

515 Deputy Michael McGrath asked the Minister for Education and Science the position regarding the acquisition of a site in respect of a proposed new primary school (details supplied) in County Cork. [46191/08]

The Office of Public Works, which acts on behalf of my Department in relation to site acquisitions generally, has been requested to source a site for the school referred to by the Deputy.

The further progression of the acquisition of the site will be considered in the context of the capital budget available to the Department for school buildings generally. In light of the many competing demands on the capital budget, it is not possible to give an indicative timeframe for the acquisition of the school site at this time.

Special Educational Needs.

Bernard J. Durkan

Ceist:

516 Deputy Bernard J. Durkan asked the Minister for Education and Science the reason tuition grant fees cannot be used to fund educational assistance for a person (details supplied) in County Kildare and the other 47 families who have children attending this facility; if this matter will be reviewed; and if he will make a statement on the matter. [46203/08]

My Department has taken no decision in relation to this matter.

My Department is continuing to work with the service provider in question in the context of a proposal which they submitted in relation to home tuition payment arrangements.

Schools Refurbishment.

Paul Kehoe

Ceist:

517 Deputy Paul Kehoe asked the Minister for Education and Science the status of the application from a school (details supplied) under the summer works scheme; and if he will make a statement on the matter. [46235/08]

It is my intention to have a Summer Works Scheme in 2009. The details of the operation of the scheme in 2009 and the level of funding to be made available are currently being considered and this work will be completed as soon as possible.

The Professional and Technical Reports provided by schools for 2008, including the application from the school referred to by the Deputy, can be used again for future projects so that schools will not be at the loss of expenditure already incurred on them. My Department will be in contact with the school in relation to the application in due course.

Higher Education Grants.

Eamon Gilmore

Ceist:

518 Deputy Eamon Gilmore asked the Minister for Education and Science the reason a person (details supplied) in County Wicklow has had their application for a higher education grant from Dun Laoghaire Rathdown County Council turned down; and if he will make a statement on the matter. [46239/08]

The decision on eligibility for student maintenance grants is a matter for the relevant assessing authority, either the local authority or VEC, as appropriate. These bodies do not refer individual applications to my Department, except in exceptional circumstances.

If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of maintenance grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC.

Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to my Department.

Tax Code.

Sean Fleming

Ceist:

519 Deputy Seán Fleming asked the Minister for Education and Science if a private college (details supplied) in County Kildare has applied for approval by him for the purposes of tax relief in respect of tuition fees paid by an individual in respect of third level education; and if he will make a statement on the matter. [46252/08]

Section 473A, Taxes Consolidation Act, 1997, provides tax relief, at the standard rate of tax, for tuition fees paid in respect of approved courses at approved colleges of higher education including certain approved undergraduate and postgraduate courses in EU Member States and postgraduate courses in non-EU countries.

An approved college in the State, in relation to a year of assessment, is defined under Section 473A, Taxes Consolidation Act, 1997 to mean a college or institution of higher education in the State which (i) provides courses to which a scheme approved by the Minister under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992, applies, or (ii) operates in accordance with a code of standards laid down by the Minister.

The college referred to by the Deputy has applied for approval for tax relief. However, it would appear from the information provided by the College to date that the College does not meet the definition of an approved college for the purposes of Section 473A, Taxes Consolidation Act, 1997 and this has been confirmed to the College by the Higher Education Training and Awards Council (HETAC).

Schools Refurbishment.

Thomas P. Broughan

Ceist:

520 Deputy Thomas P. Broughan asked the Minister for Education and Science if he will initiate a new schools insulation programme to bring all schools up to a minimum standard and to reduce heating costs for schools; and if he will make a statement on the matter. [46285/08]

My Department is at the fore front of design with respect to energy efficiency in school buildings. Its Technical Guidance Documents, which set the benchmark for low energy design in schools are clearly focused on energy efficiency and are based on solid energy research projects. It has been demonstrated that all Primary School's designed and built in line with this can have an energy performance that is 2.3 times more efficient than International best practice and nearly five times more efficient than schools built in the late 80's.

My Departments policy is supported by a strong research programme with over thirty research projects at various stages currently in hand. A hybrid approach is taken with respect to low energy design in schools based on maximising natural resources and energy efficient technologies. Schools are positioned to maximise gain from the sun during the day for passive solar heating and natural daylight. Passive solar design saves 20% of early morning heating period and adequate natural daylight when combined with automated lighting systems in the classrooms can eliminate the need for electrical light for up to 80% of the schools teaching hours.

Energy efficient boilers and individual room temperature controls combined with a strong emphasis on air tight testing and high insulation levels minimise heat requirements.

The performance of my Department in the area of low energy design has been recognised at both National and International level with sustainable energy awards for excellence in Design and Specification.

A programme for thermal improvements in existing schools is currently being developed and the Planning and Building Unit of my Department is developing a technical and administration guidance document that will provide school authorities with the necessary criteria and specifications to implement an insulation programme. Case studies will also be provided.

In addition, an Energy Management Guide for Schools is being developed in partnership between my Department and Sustainable Energy Ireland and this will be available on line in early 2009. This guide will be specifically directed to schools and will provide school managers with advice and guidance on how to improve energy management within the school and thereby reduce costs.

Departmental Expenditure.

Bobby Aylward

Ceist:

521 Deputy Bobby Aylward asked the Minister for Education and Science when payment due in respect of works carried out to a school (details supplied) in County Waterford will issue. [46290/08]

An extension and refurbishment project for the school to which the Deputy refers is at an early stage of architectural planning.

The Department received a stage 1/2 submission from the Design Team, however, further information has been requested from it on foot of this.

Design Team fees only accrue for payment when a stage submission is fully complete and approved by the Department.

School Staffing.

Richard Bruton

Ceist:

522 Deputy Richard Bruton asked the Minister for Education and Science if his recent proposals for education in 2009 have any impact on the staffing levels or funding going to special schools; and if he will make a statement on the matter. [46299/08]

I am pleased to advise the Deputy that the recent budgetary announcements do not affect the criteria used for the allocation of additional teaching and care resources in Special Schools. Capitation funding for Special Schools has also been increased bringing the top rate up to almost €1,000 per pupil.

I am particularly pleased that, in order to strengthen and enhance services, and continue the preparation for the full implementation of the EPSEN Act at a later date, the Government has provided €20m in 2009 — €10m for education services and €10m for health services.

In my Department this additional funding will provide for an expansion of the NEPS service, so that all schools in the country will be covered by the service, as well as enhancing the capacity of the NCSE to co-ordinate the provision of services to children with special educational needs. In addition, there will be further investment in teacher training in this area.

An integrated approach is being adopted by the education and health sectors to target these additional resources to the areas of greatest need. Progress in both sectors will be kept under review by the Office for Disability & Mental Health and the Cross-Sectoral Team during 2009.

Special Educational Needs.

Richard Bruton

Ceist:

523 Deputy Richard Bruton asked the Minister for Education and Science if his attention has been drawn to the initiative within Trinity College, Dublin to develop a third level option for students with a mild intellectual disability; if he plans to undertake an assessment of this initiative with a view to extending it to other colleges; and if he will make a statement on the matter. [46300/08]

I understand that the initiative referred to by the Deputy is the Certificate in Contemporary Living which is delivered by the National Institute for Intellectual Disabilities (NIID) in Trinity College. This is a two-year, full-time programme which commenced in October 2005.

The Certificate programme aims to promote the full inclusion of individuals with intellectual disabilities by providing them with the strategic skills to become independent self-reliant adults and to facilitate their lifelong learning. Career development is an integral part of the course.

The NIID received funding from my Department under the second cycle of the Strategic Innovation Fund in February 2008 to develop this programme across a number of higher education institutions. The development of the programme in collaborating institutions will involve institutional visits and mentoring of the institutions staff from staff associated with the established TCD programme. This will ensure that the project is consistently monitored to ensure best practice in the field.

UCC is the first collaborating institution and it will pilot the first module in January 2009, and the programme is expected to commence in the 2009/10 academic year. Other institutions have expressed an interest and it is proposed to commence pilot programmes next year in Dundalk Institute of Technology and Sligo Institute of Technology.

Question No. 524 answered with Question No. 502.

School Transport.

Denis Naughten

Ceist:

525 Deputy Denis Naughten asked the Minister for Education and Science if, further to correspondence (details supplied), he will approve school transport in view of the fact that the nearest school can not physically cater for the pupil concerned; and if he will make a statement on the matter. [46386/08]

As previously advised, the pupil referred to by the Deputy in the details supplied is not eligible for transport as he resides less than 3.2 kilometres from his nearest school. Furthermore, there is no provision under the terms of the school transport scheme to provide transport, in the circumstances, outlined by the Deputy.

In order to be eligible for transport, under the terms of the scheme, pupils must reside 3.2 kilometres or more from, and be attending their nearest primary school or Gaelscoil as determined by my Department.

Site Acquisitions.

Joe Costello

Ceist:

526 Deputy Joe Costello asked the Minister for Education and Science the progress that has been made to date in finding permanent accommodation for a school (details supplied) in Dublin 7; if he will facilitate a round table meeting between his Department, Dublin City Council, the GAA club, the board of management and the parents association; and if he will make a statement on the matter. [46389/08]

As the Deputy was informed in response to a Dáil Adjournment on the 11th December, 2008, the Office of Public Works, OPW, which acts on behalf of the Department in site acquisitions generally was requested to source a greenfield site for the school in question. However, on foot of advertising, no proposals were received for a greenfield site in the Cabra area.

Further to this, the OPW was requested by the Department to look into building a permanent school on the existing temporary site. In order to pursue this further, meetings have taken place between the Department and Dublin City Council regarding the potential availability of this site.

The Department has written to the council with a proposal suggesting a lease arrangement be put in place. A response is awaited. When the Department has received that response, it will be in a position to consider the next steps. It will continue to liaise with stakeholders.

The further progression of the acquisition of the site will be considered in the context of the capital budget available to the Department for school buildings generally.

School Enrolments.

Seán Ardagh

Ceist:

527 Deputy Seán Ardagh asked the Minister for Education and Science if he will examine the concerns expressed in correspondence from the school principal of a school (details supplied) in Dublin 6w; if he will respond to their concerns; and if he will make a statement on the matter. [46395/08]

I am aware of the concerns raised by the school referred to by the Deputy. The Government's commitment to education is clear both from its track record over the past decade in providing substantial additional resources, most notably extra teachers to meet previously unmet needs and from the programme the Government set for itself when it came into office. A lot has changed in the past year and the first and foremost imperative is that we stabilise the public finances. It is only by doing so that we can shelter gains made and put ourselves in the position of being able to make improvements in the future.

However we are dealing with an economic situation of unprecedented difficulty. The Government has a collective duty to respond to this and to take very difficult decisions in the national interest. In doing this we have attempted to afford some shelter to the education sector but given the scale of public expenditure on education it is simply not possible to avoid tough decisions. The various impacts at school level were included in the Budget day announcements. Even with the budget measures in place there will still be a significantly increased borrowing requirement in 2009.

I fully accept that these decisions are not of themselves desirable and that they can only be justified by the imperative of securing the future economic stability of the country. I have called for co-operation from all the education partners in meeting the challenges facing us both as an education community and as a country.

It is a matter for each school's Board of Management to have an enrolment policy and to then operate that policy in a fair and consistent manner having regard to the overall physical space capacity of a school. My Department has a responsibility to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice. That is no more than a normal feature of the enrolment process in any community.

My Department will continue to ensure that those schools with the greatest increase in pupil numbers will still qualify for developing school status thus enabling them to get their increased staffing in September 2009 — a year in advance of other schools.

The Forward Planning Section of my Department is currently in the process of identifying the areas where significant additional school accommodation will be required at primary and post-primary level. Factors under consideration include population growth, demographic trends, current and projected enrolments, recent and planned housing developments and capacity of existing schools to meet demand for places. Having considered these factors decisions will be taken on the means by which emerging needs will be met within an area.

The demand for junior infant places in the area in question will be considered within this context.

What is not acceptable is that any school authority would in the coming year alter its approach to enrolment simply because it wants to pressurise the government or to give support to a campaign being conducted by a teacher union.

As I have already pointed out in the House in recent weeks the changes to the classroom staffing of primary schools reverts schools to the position that applied just over one school year ago. Schools are given teaching resources commensurate with their enrolment and under the staffing schedule schools with like enrolments are treated in the same way. In terms of accommodating pupils I believe it is totally reasonable to expect schools to operate from next September no less favourably than they did in 2006/2007.

Any school acting dishonourably in this regard must ultimately answer to its local community and to the parents and children in that community in particular.

In terms of the staffing implications at school level the allocation processes including notification to schools will commence early in the New Year. The allocation process includes appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. The final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme.

Schools Refurbishment.

Willie Penrose

Ceist:

528 Deputy Willie Penrose asked the Minister for Education and Science when approval for refurbishment works which have been promised for a school (details supplied) in County Longford will be allowed to proceed in 2009; and if he will make a statement on the matter. [46400/08]

The project for the school to which the Deputy refers is at an advanced stage of architectural planning.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Schools Building Projects.

Mary O'Rourke

Ceist:

529 Deputy Mary O’Rourke asked the Minister for Education and Science the planning and construction status of a school (details supplied) in County Westmeath; if his attention has been drawn to the fine and varied curriculum on offer in this school and its regard for pupils of all abilities; and if he will make a statement on the matter. [46404/08]

The proposed building project to which the Deputy refers was announced to commence architectural planning on the 8th November 2006. The schedule of overall accommodation for the school in question was recently agreed with the school management and County Westmeath VEC.

The progression of all large scale building projects, including this project from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Mary O'Rourke

Ceist:

530 Deputy Mary O’Rourke asked the Minister for Education and Science the planning and construction status of a school (details supplied) in County Longford; if his attention has been drawn to the fine and varied curriculum being offered in this school and the particular care it has for disadvantaged students. [46405/08]

The project for the school to which the Deputy refers is at an advanced stage of architectural planning.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

School Enrolments.

Seán Ardagh

Ceist:

531 Deputy Seán Ardagh asked the Minister for Education and Science if he will examine the concerns expressed in correspondence from the school principal of a school (details supplied) in Dublin 12; if he will respond to their concerns; and if he will make a statement on the matter. [46514/08]

I am aware of the concerns raised by the school referred to by the Deputy. The Government's commitment to education is clear both from its track record over the past decade in providing substantial additional resources, most notably extra teachers to meet previously unmet needs and from the programme the Government set for itself when it came into office. A lot has changed in the past year and the first and foremost imperative is that we stabilise the public finances. It is only by doing so that we can shelter gains made and put ourselves in the position of being able to make improvements in the future.

However we are dealing with an economic situation of unprecedented difficulty. The Government has a collective duty to respond to this and to take very difficult decisions in the national interest. In doing this we have attempted to afford some shelter to the education sector but given the scale of public expenditure on education it is simply not possible to avoid tough decisions. The various impacts at school level were included in the Budget day announcements. Even with the budget measures in place there will still be a significantly increased borrowing requirement in 2009.

I fully accept that these decisions are not of themselves desirable and that they can only be justified by the imperative of securing the future economic stability of the country. I have called for co-operation from all the education partners in meeting the challenges facing us both as an education community and as a country.

My Department will be advising individual schools in the normal way in relation to their staffing and grant allocations. The preparatory work for this has commenced with the processing of enrolment data that has been received from schools. The staffing allocation processes including notification to schools will commence early in the New Year. The allocation process includes appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. In addition to the mainstream classroom teachers my Department also allocates teaching resources to schools for special needs and language support. The final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme.

I appreciate that the abolition of a number of grants for some schools will impact on funding levels in 2009 but it is also the case that the enhanced levels of funding announced in the Budget for the capitation and ancillary services grants will help to alleviate the impact of this.

The Education Budget for 2009 has provided for improvements to the overall level of funding for the day to day running costs of primary schools which will see funding increase from €167 million in 2008 to almost €190 million in 2009. The Government is committed to making further improvements as resources permit.

Substitution cover will continue to be provided for all other categories of absences currently available such as certified sick leave and maternity leave.

In primary schools there will be substitute cover for teachers on uncertified sick leave other than on the first day of absence. In a school where more than one teacher is absent on the first day of uncertified sick leave, substitute cover will be provided for the second and subsequent teachers that are absent. In schools with two teachers or less cover will be provided where any classroom teacher is absent.

In the period until the end of the school year, there will be a full review of the substitution and supervision scheme and related matters in conjunction with the school management bodies and teacher unions with a view to making up the additional expenditure and thereby ensuring that the budgetary parameters are met.

I am confident that as the global economy improves it will be possible to build again on the significant achievements of recent years and do so in a manner consistent with overall prudent management of the Irish economy.

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