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Dáil Éireann díospóireacht -
Tuesday, 3 Feb 2009

Vol. 673 No. 2

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 and 2, answered orally.
Questions Nos. 3 to 100, inclusive, resubmitted.
Questions Nos. 101 to 109, inclusive, answered orally.

Pension Provisions.

Catherine Byrne

Ceist:

110 Deputy Catherine Byrne asked the Minister for Social and Family Affairs the date the long-term pension framework will be published; and if she will make a statement on the matter. [3246/09]

Sean Sherlock

Ceist:

162 Deputy Seán Sherlock asked the Minister for Social and Family Affairs her target date for completion of the White Paper on Pensions. [3224/09]

I propose to take Questions Nos. 110 and 162 together.

As the House is aware, the Green Paper on pensions was published in October 2007 and this was followed by a lengthy consultation process which concluded at the end of May 2008. The consultation was very successful as it showed that there is a great demand for pensions reform. Unfortunately, there was little consensus on the type of reform required. The views expressed ranged from a continuation of the existing voluntary arrangement to a State run earnings-related pension system operated through the PRSI system.

The Government is faced with very difficult decisions in this area. A good pensions system is costly no matter how it is organised. The challenge faced by Government is to strike the appropriate balance between those involved, including employers, people in employment and the State.

Recent market difficulties have also highlighted issues in relation to security of pensions and this must also be considered in the development of our long-term approach.

Our objective must be a pension system which will deliver an adequate retirement income for all which is, at the same time affordable and sustainable for the State, and those who sponsor and provide occupational pensions systems.

It had been hoped to finalise our approach on all aspects of the pensions system by the end of 2008 but this did not prove possible. Discussions with my Government colleagues on the final framework are on-going, and I expect that the framework will be ready for publication shortly.

Carers Strategy.

Michael Creed

Ceist:

111 Deputy Michael Creed asked the Minister for Social and Family Affairs the date the National Carers Strategy will be published; and if she will make a statement on the matter. [3259/09]

Kathleen Lynch

Ceist:

119 Deputy Kathleen Lynch asked the Minister for Social and Family Affairs when she will publish a National Carers Strategy. [3219/09]

I propose to take Questions Nos. 111 and 119 together.

In January 2008 a working group, chaired by the Department of An Taoiseach, was established to develop the National Carers Strategy. My Department provides the secretariat to the working group which also includes representatives of the Departments of Finance, Health and Children and Enterprise, Trade and Employment as well as FÁS and the Health Service Executive. Considerable work was undertaken in developing the strategy during 2008.

The Department met with a wide range of organisations including the Equality Authority, Combat Poverty Agency, Citizen's Information Board, the National Council on Ageing and Older People, the Office of the Revenue Commissioners, the Department of Environment, Heritage and Local Government and the National Disability Authority.

In addition, a request for submissions from the public was published in regional and national newspapers in March 2008 which yielded a good response from both individuals and organisations.

The commitment to the development of a National Carers Strategy also includes a commitment to appropriate consultation with the social partners. An update in relation to the strategy was provided to the social partners plenary session in February. A consultation meeting with the social partners was held on 8 May 2008.

However, despite the work undertaken by the group, the context in which the strategy is being developed has been severely constrained by the immediate fiscal difficulties facing the economy. These difficulties have lead to uncertainty not just within the Department of Social and Family Affairs but also the health service and the range of organisations represented on the working group which made it impossible to bring the strategy to a satisfactory completion last year.

Officials from the Department and members of the working group met with carer representative groups in December 2008 in the second of two agreed meetings on the strategy. At this meeting the difficulties facing the working group as a result of the current economic situation were outlined. The groups were also informed that the strategy would not be published by the end of 2008 as had been anticipated. The draft document produced by the working group is currently being considered.

Pension Provisions.

Pat Breen

Ceist:

112 Deputy Pat Breen asked the Minister for Social and Family Affairs if, in the context of the growing number of company failures, she intends to protect employees who have contributed to insolvent pension schemes; and if she will make a statement on the matter. [3240/09]

Joe Costello

Ceist:

116 Deputy Joe Costello asked the Minister for Social and Family Affairs the number of defined benefit pension schemes which currently fail the minimum funding standard; and the number of these which are below 24% of the standard, 50% of the standard, and 75% of the standard respectively. [3211/09]

Brian O'Shea

Ceist:

122 Deputy Brian O’Shea asked the Minister for Social and Family Affairs if she is satisfied that Directive 80/987/EEC is being complied with here; and her plans to amend legislation arising from a Court of Justice judgement (details supplied). [3216/09]

Aengus Ó Snodaigh

Ceist:

140 Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs the new measures being taken or the proposals being considered to address the crisis in private pension funds; and if she will make a statement on the matter. [3201/09]

Thomas P. Broughan

Ceist:

143 Deputy Thomas P. Broughan asked the Minister for Social and Family Affairs if she is satisfied with the level of enforcement of the minimum funding standard in respect of defined benefit pensions. [3213/09]

Ruairí Quinn

Ceist:

144 Deputy Ruairí Quinn asked the Minister for Social and Family Affairs her views on applying any shortfall from the minimum funding standard in respect of a defined benefit pension scheme as a corporate debt on the company concerned. [3214/09]

Ciaran Lynch

Ceist:

147 Deputy Ciarán Lynch asked the Minister for Social and Family Affairs the discussions between her Department and the European Commission in relation to compliance here with Directive 80/987/EEC. [3217/09]

Caoimhghín Ó Caoláin

Ceist:

152 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs if there has been correspondence between her office and persons (details supplied); and if she will make a statement on the matter. [3204/09]

Brian O'Shea

Ceist:

156 Deputy Brian O’Shea asked the Minister for Social and Family Affairs the steps she will take to secure the pension benefits of workers with defined benefit pensions. [3212/09]

Joan Burton

Ceist:

158 Deputy Joan Burton asked the Minister for Social and Family Affairs if she will review funding and employer contribution or top-up requirements in respect of private sector defined benefit employee pension funds; and if she will make a statement on the matter. [45345/08]

Joan Burton

Ceist:

161 Deputy Joan Burton asked the Minister for Social and Family Affairs the correspondence she has received with respect to the possible insolvency or collapse of private sector defined benefit pension funds; her views on whether the failure of such funds would be unacceptable; if she has prepared a contingency plan in the event that such funds were to collapse; and if she will make a statement on the matter. [45379/08]

I propose to take Questions Nos. 112, 116, 122, 140, 143, 144, 147, 152, 156, 158 and 161 together.

The pension rights of scheme members are protected through trust law and by provision in the Pensions Act 1990 as amended.

As supplementary pension schemes are usually established under irrevocable trust, the assets of the scheme are legally separate from the assets of the employer and are not available to any other creditors where the employer becomes insolvent. Under trust law, trustees of occupational pension schemes have the principal responsibility for ensuring that the entitlements of the members are adequately protected and that they receive the pensions due to them.

In addition to the safeguards provided by trust law, the Pensions Act 1990 also provides for the regulation of pensions schemes in Ireland. In an EU context, Article 8 of Directive 80/987/EEC provides that Member States shall ensure that the necessary measures are taken to protect the interests of employees and of persons having already left the employer's undertaking or business at the date of the onset of the employer's insolvency. In its review of the transposition of that Directive, the EU Commission, at the time gave an assurance that Ireland had adequately transposed the provision in that Directive. Accordingly, the implications of the more recent ECJ judgement are being assessed to see to what impact, if any, it might have on Ireland.

Under the Pensions Act, defined benefit pension schemes must meet a minimum funding standard which requires that schemes maintain sufficient assets to enable them discharge accrued liabilities in the event of the scheme winding up. Where schemes do not satisfy the Funding Standard, the sponsors/trustees must submit a funding proposal to the Pensions Board to restore full funding within three years. The Pensions Board can allow a scheme up to ten years to meet the standard in certain circumstances.

Based on the most recent actuarial funding certificates submitted to the Pensions Board 75% of defined benefit schemes passed the Funding Standard. Most of those schemes failing the test had a funding proposal in place. However, the effective date of most of these certificates pre-dates the current market difficulties. Accordingly, the full extent of the problem and the actual level of under-funding will not be fully apparent until schemes carry out their next actuarial assessment and report the results to the Pensions Board.

The Government is very conscious of the pressures on employers sponsoring pension schemes, and scheme trustees, arising from the very significant losses incurred by pension funds over the last year. It is anxious to ensure, in so far as it can, that those involved have sufficient time and space to fully assess the implications of the current difficulties for their schemes and the remedial action they can take.

Correspondence on these matters has been received from a number of interested bodies, including the Pensions Board, representative organisations and the social partners. The Government is considering the proposals and is working to find ways to ease the pressure on schemes by striking a balance between the long-term nature of pension savings and the need to ensure short-term security of accrued benefits. In this regard a number of short-term measures have already been announced.

Extra time is being allowed to schemes to formulate funding proposals. This will mean that trustees will have 18 months to review the situation with sponsoring employers and to formulate proposals for recovery.

The Pensions Board will deal as flexibly as possible with applications for approval of funding plans;

The Board will have the flexibility to allow longer periods (over 10 years) for recovery plans in appropriate circumstances;

The Board will allow the term of a replacement recovery plan to extend beyond the end date of the original plan where the scheme is part-way through a previous recovery plan but is off track due to investment losses;

The Board will take into account voluntary employer guarantees in approving recovery plans;

To ensure that these concessions are not seen as a weakening of supervision arrangements, the Board will not accept recovery plans which do not demonstrate an appropriate investment approach.

As indicated, these are short-term measures and the Government is considering the long-term response to the situation in the context of the Green Paper on Pensions and the framework for future policy which is being finalised at present.

Our objective must be a pensions system which can deliver adequate retirement incomes and which is affordable in the long-term for the State and those who sponsor occupational schemes.

Question No. 113 answered with Question No. 106.

Public Service Expenditure.

Bernard Allen

Ceist:

114 Deputy Bernard Allen asked the Minister for Social and Family Affairs if her Department has met with the special group on public service numbers and expenditure programmes; and if she will make a statement on the matter. [3234/09]

Aengus Ó Snodaigh

Ceist:

126 Deputy Aengus Ó Snodaigh asked the Minister for Social and Family Affairs the types of social welfare benefits that the special group on public service numbers and expenditure programme will be examining. [3202/09]

Caoimhghín Ó Caoláin

Ceist:

157 Deputy Caoimhghín Ó Caoláin asked the Minister for Social and Family Affairs when the special group on public service numbers and expenditure programme is expected to report back to her on proposed changes in social welfare spending. [3203/09]

Róisín Shortall

Ceist:

164 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the discussions she has had with the group established to identify potential cost savings in the public sector in relation to possible cutbacks in her Department’s expenditure and specifically in relation to the half-rate carers payment. [3218/09]

I propose to take Questions Nos. 114, 126, 157 and 164 together.

The Special Group on Public Service Numbers and Expenditure Programmes was established by the Minister for Finance to examine current expenditure programmes in each Department and to make recommendations for reducing public service numbers so as to ensure a return to sustainable public finances. The Group will make periodic reports to the Minister for Finance and will submit its final report by the end of June 2009.

Neither I, nor officials of the Department, have had discussions with the Group to date. Indeed, the Group is not scheduled to examine the Department's expenditure until early April 2009.

Family Income Supplement.

David Stanton

Ceist:

115 Deputy David Stanton asked the Minister for Social and Family Affairs further to parliamentary Question No. 11 of 11 November 2008; if the ESRI research project regarding take up levels of family income supplement has been completed; when she will publish same; the action she will take as a result of the findings; and if she will make a statement on the matter. [3330/09]

The family income supplement scheme (FIS), which provides income support for employees on low earnings with families, is designed to preserve the incentive to move from welfare to (or remain in) employment in circumstances where the employee might only be marginally better off than if he or she were claiming other social welfare payments.

Since its introduction concern has been expressed from a number of quarters that there is a low take-up under the scheme. It has not been possible to estimate from administrative sources the number of families who would be eligible but do not apply for their FIS entitlements. However, research undertaken by the Economic and Social Research Institute (ESRI) in 1997, which was based on the results of the Living in Ireland Survey 1994, suggested that fewer than one in three of potentially eligible claimants were actually in receipt of the payment at that time. Since those with a higher entitlement are more likely to avail of the scheme, the take-up in expenditure terms was estimated to be somewhat higher, at close to 40% of potential expenditure. Subsequent studies by the ESRI have arrived at similar estimates of take-up.

Following on from further research undertaken by the ESRI, the Department undertook to determine the current level of take up of FIS among potentially qualifying families and to ascertain the reasons underlying the failure to avail of this payment, where applicable, and carry out an analysis of the existing FIS customer base. This research on the take-up of FIS has been undertaken by Millward Brown IMS on behalf of the Department and is now well advanced.

Question No. 116 answered with Question No. 112.

Social Welfare Benefits.

Noel Coonan

Ceist:

117 Deputy Noel J. Coonan asked the Minister for Social and Family Affairs her recent proposals to assist lone parents; and if she will make a statement on the matter. [3254/09]

David Stanton

Ceist:

133 Deputy David Stanton asked the Minister for Social and Family Affairs further to Parliamentary Question No. 11 of 11 November 2008, the progress that has been made by her Department in implementing the Government proposals for supporting lone parents, in particular the introduction of a new income support payment for low income parents, whether living alone or with a partner with young children; when she expects to introduce this new payment; and if she will make a statement on the matter. [3329/09]

I propose to take Questions Nos. 117 and 133 together.

The Government discussion paper, "Proposals for Supporting Lone Parents," put forward proposals to tackle obstacles to employment for lone parents and other low income families. These included proposals for the extension of the National Employment Action Plan to focus on lone parents, focused provision of childcare and the introduction of a new social assistance payment for low income families with young children.

Any proposed new payment cannot be introduced without co-ordinated supports and services being put in place by other Departments and Agencies. The Senior Officials Group on Social Inclusion is working on an implementation plan to progress the non-income recommendations.

Issues including access to childcare support, education, training and activation measures are being discussed with the relevant Departments and Agencies in tandem with the development of a new payment scheme.

To further inform the process, the Department, with the co-operation of FÁS, the Office of the Minister for Children and Youth Affairs and the Department of Education and Science, tested the proposals in both an urban and rural setting: Coolock, Dublin and Kilkenny. These studies were carried out to facilitate the development of the policy and operational details of the new scheme. The process involved both lone parents and qualified adults. It was carried out on a voluntary basis and the take-up was low.

The experience has however highlighted how both lone parents and qualified adults are not a homogenous group, are of different ages, have experienced different routes into their current situation and have different needs. Educational levels of those who participated were generally low, there was little or no engagement with FÁS, some participants intended to return to full or part-time work when their child was a few months old; others, however, had been out of the work force for a considerable period of time. Earnings from previous employment were generally low. For almost all of those intending to return to work, affordable childcare is a critical issue.

Officials in the Department continue to work on developing the proposed new income support payment and the experience of this engagement process is feeding into the development of our approach to working with lone parents and qualified adults.

Seymour Crawford

Ceist:

118 Deputy Seymour Crawford asked the Minister for Social and Family Affairs the number of farm families benefiting from farm assist; if she is satisfied that farmers are aware that this scheme could benefit them; her views on whether it is fair that farmers should be questioned by a social welfare inspector who advised them to apply for farm assist; and if she will make a statement on the matter. [3332/09]

There are 7,538 claimants on the farm assist scheme at present; of which 76 are new claims awarded since 1 January 2009. The average weekly payment is €219.60. There has been a steady decline in uptake of the farm assist scheme. This is due to the significant increase in off-farm employment in recent years and the take up of the Rural Social Scheme which is operated by the Department of Community, Rural and Gaeltacht Affairs and which also specifically targets low-income farmers.

The Department's information policy is to ensure that all citizens are made aware of their entitlements and that they are kept informed of changes and improvements in schemes and services as they occur. Information on farm assist is provided through the normal channels including information leaflets and guides and through the Department's network of local and branch offices. Each Local Office has officers who are dedicated to providing information and are available to explain supports and services to people. This locally based service is supported by central Information Unit which operates a LoCall information line (1890 66 22 44) which customers may Call for information and guidance on their entitlements.

Staff of the department also attend exhibitions and seminars throughout the country promoting information on social welfare rights and entitlements. A stand was provided at the Ploughing Championships in Cuffesgrange, Co. Kilkenny in September giving information on all schemes and services including farm assist. In addition, information on all schemes and services is available on the Department's webswww.welfare.ie. The Citizens Information Board, which comes under the aegis of the Department, also provides information through approximately 260 Citizen Information Centres and other outlets around the country, through a phone service which operates from 9am to 9pm Monday to Friday, and the website www.citizensinformation.ie.

Farm assist has brought about significant worthwhile improvements for low income farmers, particularly for those with children, making a valuable contribution to supporting those who are at the lower end of the farm income spectrum. The Department will continue to promote and publicise the scheme in order to achieve and maintain maximum take up.

It is an intrinsic part of the role of Social Welfare Inspectors to provide information and advice on Social Welfare schemes and in this context, inspectors in rural areas actually facilitate the farm assist scheme.

Social Welfare Inspectors are also required to assess the means of applicants for farm assist and provide a report on the farmer's income to a Deciding Officer. The Deciding Officer makes a decision based on the Inspector's report. Any farmer who is dissatisfied with a decision given on a farm assist application may appeal the decision to the independent Social Welfare Appeals Office.

Question No. 119 answered with Question No. 111.

Eamon Gilmore

Ceist:

120 Deputy Eamon Gilmore asked the Minister for Social and Family Affairs the target times that apply to the processing of jobseeker payments. [3230/09]

The target for jobseeker's benefit is that 85% of claims will be processed within 2 weeks. For jobseeker's allowance the target is 70% in two weeks. During December, 69% of jobseeker's benefit claims were decided within 2 weeks and 40% of jobseeker's allowance claims were decided within 2 weeks. However, these figures must be viewed in the context that there has been a 71% increase in the live register since December 2007.

During December 2008, a total of 24,052 jobseeker benefit claims and 11,685 jobseeker allowance claims were decided as compared with 10,235 and 5,875 respectively in December 2007 representing almost a 122% increase in the number of decisions made.

The existing performance targets for all schemes are currently being reviewed by the Department. As I outlined in the answer to the first priority question, the Department has taken a number of steps to improve processing times for jobseeker's payments. An additional 31 staff were assigned to 15 local offices following a review of the number of staffing levels in local offices in May and June last year.

Following a further review late last year, it was decided to put an extra 115 staff in place. 57 of these have already taken up work, while start dates have been agreed for a further 19 staff over the next two to three weeks. It is expected that all of the posts will be filled by late February. Appropriate training will be given to the new staff on their assignment to the local offices.

Four Central Decisions Units are also being set up in Dublin City Centre, Sligo, Finglas and Carrick-on-Shannon, each of which will have 10 staff.

In addition to this, a further 16 Social Welfare Inspectors are being assigned to various locations throughout the country to do means and other work associated with processing claims for jobseeker's payments.

This brings to 202 the number of additional staff being assigned to local offices and claim processing roles.

At the same time, the procedures and processes associated with claims for jobseeker payments are being reviewed and a number of process improvement initiatives are being implemented. For example, the Dundalk initiative I referred to earlier involves applicants for jobseeker's payments having their claims taken and decided upon during an appointment with a deciding officer.

Some 40% of jobseeker's applications are now being decided upon this way in the Dundalk office. Having been well-received by customers, this initiative will be extended to other offices on a phased basis.

Question No. 121 answered with Question No. 106.
Question No. 122 answered with Question No. 112.
Question No. 123 answered with Question No. 106.

Social Welfare Fraud.

Leo Varadkar

Ceist:

124 Deputy Leo Varadkar asked the Minister for Social and Family Affairs if she is satisfied with the progress made in tackling welfare fraud; and if she will make a statement on the matter. [3327/09]

The prevention of fraud and abuse of the social welfare system is an integral part of the day-to-day work of the Department.

The Department makes payments to over one million people every week and the vast majority of them are receiving the entitlement due to them. Where overpayments occur the Department seeks to recover the overpayments and in cases of serious fraud, the Department will use all legal avenues open to it to recover the money defrauded and seek redress.

A four-pronged control strategy has been adopted by the Department, namely prevention of fraud and error at the initial claim stage, early detection through effective review of claims in payment, measures to deter fraud and the pursuit and recovery of overpayments.

Key elements of the Department's control strategy include systematic risk analysis, surveys of the levels of fraud and error within schemes and matching the Department's scheme data with other bodies' data e.g. Revenue's commencement of employment and earnings data. These control tools help identify the types of claims which should be prioritised for review purposes.

There are approximately 600 staff at local and regional level whose work involves control activities including a dedicated section dealing with identity fraud in PPSN allocations.

Two officers of the Department are seconded to the Garda National Immigration Bureau to assist both agencies in the pursuit of their respective remits, with particular emphasis on welfare fraud and breaches of immigration legislation.

In 2008 almost €476 million in social welfare payments was saved through fraud and error control measures which is an increase of €29million on the previous year. Over 560,000 social welfare claims were reviewed and over 1,000 reports of possible fraud were received from members of the public.

At the end 2008, 357 cases of social welfare fraud were forwarded to the Chief State Solicitors Office for the initiation of prosecution proceedings. 328 cases were finalised in court, two were imprisoned, 19 received suspended sentences, 208 were fined, nine received community service and 46 received the Probation Act. The remaining penalties included cases which were bound to the peace or adjourned with liberty to re-enter.

I am committed to ensuring that social welfare payments are available to those who are entitled to them. I am also determined to ensure that abuse of the system is prevented and is dealt with effectively when detected. In this regard the control programme of the Department is carefully monitored and the various measures are continuously refined to ensure that they remain effective.

Social Welfare Benefits.

Emmet Stagg

Ceist:

125 Deputy Emmet Stagg asked the Minister for Social and Family Affairs if she will engage with the European Commission to ensure that reduced rate welfare payments made by her Department that are affected by changes in the value of sterling, or more precisely by the average value of sterling over the previous three months as assigned by the Commission, are updated instead on a monthly basis by the average value of sterling over the previous month. [3226/09]

I understand the Deputy is mainly concerned with the assessment of income derived from payments (e.g. pensions) received from other EU Member States for the purposes of means-tested payments provided by my Department.

There is no necessity to engage with the EU Commission on this issue, as the current EU rules would allow for different method of calculation in such cases.

Article 107 of Council Regulation (EEC) No. 574/72 on Social Security for Migrant Workers sets out the exchange rate which should be used by EU States for currency conversions in certain circumstances. These circumstances include, for example, a situation where a person from one Member State receives health care in a second Member State, but their home State is liable to reimburse the second State for such costs.

It is the practice in my Department to use this conversion mechanism for situations not covered by this Article of the Regulations, such as assessment of means. This approach has the advantages of transparency and consistency. While the time-lag means that the conversion rate is not always up-to-date, this can also work to the customer's advantage when exchange rates are falling.

As I have already indicated in previous replies to recent questions on this issue, under this mechanism the conversion rate used for means testing purposes is derived from the average of the daily exchange rates in the first month of a quarter. This rate is then used in all conversions during the course of the succeeding quarter. Alternatively the conversion rate applicable to the next succeeding quarter is used if it is more beneficial to the customer. The Department does not generally review claims specifically because of movements in exchange rates. However, it is open to any pensioner who believes they may be entitled to an increase in the rate of their payment to seek to have their means reviewed.

Question No. 126 answered with Question No. 114.

Willie Penrose

Ceist:

127 Deputy Willie Penrose asked the Minister for Social and Family Affairs if she will review social welfare legislation governing the operation of family income supplement to allow for the splitting of the payment between parents when they both make significant provision for the child or to allow either parent claim when they both make significant provision for the child regardless of where either parent resides, as the definition or qualified child means that separated or divorced parents cannot claim for a child that does not reside with them but to whom they may provide substantial maintenance. [3208/09]

The family income supplement scheme (FIS), which provides income support for employees on low earnings with families, is designed to preserve the incentive to take up or remain in employment in circumstances where the employee might only be marginally better off than if he or she were claiming other social welfare payments.

Under the current provisions, a separated or divorced parent can claim FIS where s/he is wholly or mainly maintaining the other parent, with whom their children are resident, provided that there is not an existing FIS claim in payment in respect of those children.

The primary objective of FIS is to provide an income support to low-income households in which children are being reared. If the definition of a family for FIS purposes were to be extended to include a separated or divorced spouse, thereby qualifying the separated/divorced spouse for FIS, all family income would have to be assessed in the same way as if the family were residing together, in order to avoid discriminating against households where both spouses/partners reside together. However, this approach would raise serious administrative and policy issues where either parent re-married or formed a new partnership arrangement in the future. For example, questions would arise regarding how the earnings of a second spouse or cohabiting partner should be assessed, and how families should be treated where there are children from different relationships residing in the one household.

An additional issue for consideration would be the treatment of maintenance payments by the non-resident spouse or partner for FIS purposes. For example, if a non-resident spouse or partner is earning €400 a week and is paying €50 in weekly maintenance, s/he could qualify for a FIS payment of €90 a week if s/he has 1 child. In this case, the FIS scheme would effectively be subsidising the payment of the maintenance award by the non-resident spouse or partner.

A technical review of the entire social welfare code, including the FIS scheme, is currently underway to examine its compatibility with the Equal Status Act, 2000. This review, which is examining the social welfare schemes and services provided for both on a legislative and administrative basis, aims to identify any possible instances of direct or indirect discrimination on any of the nine grounds listed under the Equal Status Act, including: gender, marital status and family status, that are not justified by a legitimate social policy objective or where the means of achieving that objective are either unnecessary or inappropriate. The complex issues that would arise if the FIS payment were to be split in cases where the spouses/partners are either separated or divorced, together with other relevant aspects of the FIS scheme, will be examined in the light of the findings of this review, which is due to be completed in the coming months.

Question No. 128 answered with Question No. 106.

Mortgage Interest Supplement.

Damien English

Ceist:

129 Deputy Damien English asked the Minister for Social and Family Affairs the measures that have been put in place by her Department in conjunction with other Departments to meet the growing applications for assistance by people struggling to meet mortgage repayments; and if she will make a statement on the matter. [3272/09]

Sean Sherlock

Ceist:

163 Deputy Seán Sherlock asked the Minister for Social and Family Affairs her plans to introduce new regulations for mortgage interest supplement. [3221/09]

I propose to take Questions Nos. 129 and 163 together.

The supplementary welfare allowance scheme provides for a weekly or monthly supplement to be paid in respect of mortgage interest. The purpose of the mortgage interest supplement is to provide short term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only.

As of 23 January 2009, there were over 8,500 people in receipt of mortgage interest supplement, an increase of 4,400 (108%) over the number in payment at end 2007. New provisions relating to mortgage interest supplement were included in the Social Welfare (Miscellaneous Provisions) Act 2008. These provisions were inserted to strengthen the legal basis for the regulations governing the payment of mortgage interest supplement and to ensure that new regulations can be made setting out the conditions and circumstances under which mortgage interest supplement can be paid and the duration of the payment. The relevant regulations have not yet been made.

The Department has commenced a review of the administrations of the mortgage interest supplement scheme. The main purpose of the review is to consider how, in the current economic environment, the mortgage interest supplement scheme can best meet its objective of catering for those who require income assistance on a short-term basis, where they are unable to meet mortgage interest repayments on their sole place of residence. Legislative and operational issues arising in the existing mortgage interest scheme will also be examined and new regulations made as required.

The mortgage interest supplement scheme is administered by the community welfare service of the Health Service Executive on behalf of the department. The operational arrangements for the processing of applications and the payment to qualifying individuals, is a matter for the respective community welfare division areas.

The administration costs of the supplementary welfare allowance, including mortgage interest supplement, and back to school clothing and footwear schemes are met by the department. The issue of increased demand on existing resources is a matter for the HSE in the first instance to prioritise workloads and re-deploy resources where necessary so that frontline services are maintained. The department is committed to working closely with the HSE in ensuring effective delivery of the supplementary welfare allowance scheme and associated income support payments. It is open to the HSE at anytime to approach the department to review its allocation for staff costs associated with delivery of these services. However, the question of any increase in expenditure for staffing within the community welfare service above that currently provided, would love to be considered in the context of overall Government policy on public service manpower levels.

Social Welfare Benefits.

Joe Costello

Ceist:

130 Deputy Joe Costello asked the Minister for Social and Family Affairs the efforts she has made to ensure that the restrictions introduced in the Social Welfare (Miscellaneous Provisions) Act 2008 to jobseeker benefit payments do not negatively impact on the eligibility of persons applying for the back to education scheme and community employment schemes. [3227/09]

The recent changes to the duration of the payment of jobseeker's benefit are necessary to control expenditure on the scheme by aligning the contribution conditions for these benefits more closely to the level and duration of the benefits being provided. The changes are designed to ensure a uniform, rationalised, approach across the short-term social insurance schemes.

The back to education scheme is designed to enable people in receipt of social welfare payments to pursue an approved full-time education course, subject to fulfilling the qualifying conditions. The underlying objective is to raise education and skill levels among the long-term unemployed, improve their skills and qualifications and, therefore, their prospects of returning to the work force. One of the conditions for the back to education allowance is that a person must be in receipt of a qualifying payment for a specified period immediately prior to commencing the relevant course.

For a person in receipt of jobseeker's benefit or jobseeker's allowance, the specified period is 6 months (156 days) for second level courses and 12 months (312 days) for third level courses. In order to support the activation of the unemployed, the specified waiting period for access to the third level option was reduced to nine months for participants in the National Employment Action Plan.

There is no waiting period for an unemployed person who is awarded statutory redundancy and who has established entitlement to a social welfare payment. A person with no jobseeker's allowance or other social welfare payment entitlement after the exhaustion of jobseeker's benefit may access the BTEA on the basis of credited contributions and qualify for the cost of education allowance only.

Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a fixed term basis. The current eligibility criteria set by the Department of Enterprise, Trade and Employment for entry onto the CE programme allows for the combination of periods on different social welfare payments provided they add up to at least 12 consecutive months (where applicable) and the person is currently in receipt of the payment at the time of application.

A person in receipt of jobseeker's benefit can normally apply for jobseeker's allowance when their contribution-based payment is exhausted and the combined periods will count for access to the schemes.

The operation of the schemes have been subject to review and modification over the years to ensure that they continue to assist those furthest from the labour market. The qualifying conditions will continue to be monitored in the context of the objectives of the schemes and the changing economic circumstances.

Seymour Crawford

Ceist:

131 Deputy Seymour Crawford asked the Minister for Social and Family Affairs the number of people who receive the half rate carer’s allowance; if her attention has been drawn to the fact that many of those people would be legally entitled to hold onto their existing social welfare benefits and retain full employment if they did not opt to care for their loved ones; her views on whether this care is saving the country a lot of money in keeping the elderly and disabled out of full-time nursing home care; and if she will make a statement on the matter. [3331/09]

Martin Ferris

Ceist:

138 Deputy Martin Ferris asked the Minister for Social and Family Affairs the changes she will implement to the half-rate carer’s allowance; and if she will make a statement on the matter. [3200/09]

Bernard J. Durkan

Ceist:

335 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she will confirm that no reduction in payment of carer’s allowances is anticipated in 2009 and that no change will take place in the qualification criteria which might restrict the level and scale of payments to carers or those in receipt of care; and if she will make a statement on the matter. [3529/09]

I propose to take Questions Nos. 131, 138 and 335 together.

Budget 2007 provided for new arrangements whereby people can receive a maximum payment equivalent to a half rate carers allowance while receiving another social welfare payment, other than jobseeker's benefit or allowance. These measures came into effect in September 2008 and there are currently just over 16,100 people in receipt of half-rate carer's allowance and another social welfare payment.

Eligibility for a carers payment, including half-rate carer's allowance is dependent on the person providing full time care and attention to a person who needs it. If a person ceases to provide such care and takes up full time employment they may be eligible to retain another social welfare payment, depending on the conditions of the scheme in question. For example, a person can engage in full time employment while in receipt of state pension (contributory). However, a person engaged in full time employment would be likely to have means in excess of the thresholds for a means tested payment, such as widow/er's (non-contributory) pension.

The introduction of the half-rate carer's allowance is only one of a number of improvements to payments to carers in recent years. Since 1997 weekly payment rates to carers have greatly increased, qualifying conditions for carer's allowance have significantly eased, coverage of the scheme has been extended and new schemes such as carer's benefit and the respite care grant have been introduced and extended. The means test for carer's allowance has been significantly eased over the years, most notably with regard to spouse's earnings. Since April 2008, the income disregard has been €332.50 per week for a single person and €665 per week for a couple. These levels surpass the Towards 2016 commitment to ensure those on average industrial earnings continue to qualify for a full carer's allowance.

From June 2005, the annual respite care grant was extended to all carers who are providing full time care to a person who needs such care, regardless of their income. The rate of the respite care grant has also been increased to €1,700 per year in respect of each care recipient since June 2008.

In June 2006, the number of hours for which a person can engage in employment, self-employment, education or training and still be considered to be providing full time care for the purposes of carer's allowance, carer's benefit and the respite care grant was increased from 10 to 15 hours per week.

In Budget 2009, I increased the rate of carer's allowance for those aged 66 or over by €7 to €239 per week and for those aged under 66 by €6.50 to €220.50 per week. These increases took effect from January 2009. Recipients of carer's allowance are also eligible for household benefits and free travel and the respite care grant. It is estimated that combined expenditure on carer's allowance, carer's benefit and the respite care grant will be €643 million in 2009. I have no plans to change the conditions associated with half-rate carer's allowance.

Emmet Stagg

Ceist:

132 Deputy Emmet Stagg asked the Minister for Social and Family Affairs if she will review the rules applying to jobseeker’s allowance in relation to the assessment of self-employed people to social assistance payments in view to the sudden drop in income affecting many self-employed people. [3206/09]

Bernard J. Durkan

Ceist:

136 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the steps she proposes to take to meet the needs of persons becoming unemployed with particular reference to easing the qualifying criteria for the initial payment and eligibility of those previously self-employed who meet the usual means test guidelines; and if she will make a statement on the matter. [3231/09]

Ruairí Quinn

Ceist:

150 Deputy Ruairí Quinn asked the Minister for Social and Family Affairs if she will review the rules applying to jobseeker’s allowance in relation to the assessment of contract workers to social assistance payments in view of the sudden drop in income affecting many people engaged in contract work. [3207/09]

I propose to take Questions Nos. 132, 136 and 150 together.

The combined employee and employer social insurance contribution for general employees, paying class A PRSI, is 14.05%, excluding levies. Self-employed people, on the other hand, are only liable for PRSI at the Class S rate of 3%. These much lower contributions give coverage towards long-term benefits such as State and Widow's Pension but do not enable a person to qualify for short-term insurance payments such as Illness Benefit or Jobseeker's Benefit.

A system of separate arrangements for employed and self-employed workers within a social insurance context is common in other European social protection systems. Self-employed people can apply for the means-tested Jobseeker's Allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services.

Their means would be taken as any net profit that they will earn in the coming 12 months. While their income from the previous twelve months is used as an indication in estimating their likely future earnings, it is not simply assumed that the previous year's earnings will be received in the coming year. Instead, account is taken of the potential for significant upward or downward variations in income from one year to the next. For example, if a self-employed person lost a contract and was unlikely to find a substitute contract in the coming year, this would be factored into the assessment of future income. The implications of the present downturn in the economy would of course be taken into account.

If a self-employed person's situation changes after they have made an initial claim for Jobseeker's Allowance, they can apply to have their means reviewed in the light of their changed circumstances. In addition it is open to the individual if he or she is dissatisfied with the means assessed to appeal to the Social Welfare Appeals office.

I appreciate the difficulties currently being faced by many self-employed people. However, extending social insurance cover for short-term benefits to this group would have significant financial implications and would have to be considered within a budgetary context.

Consideration would also have to be given to an appropriate increase in the rate of the PRSI Class S contribution. In that context, the Government has no immediate plans to change the current arrangements.

Instead, we will continue to ensure that the mechanisms used for assessing means for the Jobseeker's Allowance are sufficiently adaptable to meet the challenges presented by the current economic situation.

Question No. 133 answered with Question No. 117.
Questions Nos. 134 and 135 answered with Question No. 106.
Question No. 136 answered with Question No. 132.

Employment Support Services.

Willie Penrose

Ceist:

137 Deputy Willie Penrose asked the Minister for Social and Family Affairs if she is satisfied with the level of co-operation between local employment services and her Department’s local area offices; the ways she will improve same; and if she will make a statement on the matter. [3215/09]

Ireland's National Employment Service (NES) consists of 2 strands, Employment Services operated by FÁS, the National Training and Employment Authority, and the Local Employment Service (LES) which operates mainly through Local Area Partnership Companies on contract from FÁS.

The Department of Social and Family Affairs works closely with FÁS in providing opportunities for people on social welfare to access the range of training and employment services afforded by that organisation. An important area of this cooperation is in relation to the joint National Employment Action Plan. This is the main welfare to work measure under which all persons between the ages of 18 and 65 years who are approaching 3 months on the Live Register are identified by the Department of Social and Family Affairs and referred to FÁS for interview with a view to assisting them enter/re-enter the labour market. This includes people from new member states and those from outside EU.

The NEAP process is a key element in addressing the progression needs of those on the Live Register. It provides a stimulus to job search and affords an opportunity to explore, under professional guidance, the full range of employment and training services offered by FÁS. Just over 50,000 people were referred to FÁS under the NEAP in the 10 months to the end of October 2008. Of these 28,219 have left the Live Register of whom 6,664 were placed by FÁS in jobs, training or education.

Each week, FÁS and DSFA exchange files containing relevant client details of all current customers for the purpose of referring the unemployed and for the collation of statistics on outcomes of FÁS engagement with the targeted caseload. Social welfare staff in local offices liaise locally with FÁS to schedule interview dates for unemployed people.

FÁS together with the Local Employment Services provided by Area-Based Partnerships, is currently gearing up its Employment Services to provide increased capacity for the referrals from the Live Register under the National Employment Action Plan. It is proposed to refer people to the Local Employment Services (LES) of which there are over 100 offices throughout the country. Discussions on this initiative are on-going between DSFA, LES and FÁS.

The objective of the LES is to focus on the provision of services to those most disadvantaged in the labour market as a direct response to the local context within which it operates.

Question No. 138 answered with Question No. 131.

Arthur Morgan

Ceist:

139 Deputy Arthur Morgan asked the Minister for Social and Family Affairs if efforts are being made to make the back to work enterprise allowance more accessible; and if she will make a statement on the matter. [3198/09]

The back to work allowance scheme is one of the department's employment support schemes designed to assist and encourage the long term unemployed, lone parents, people with disabilities and other social welfare recipients to return to the active labour force. There are two strands to the scheme; the back to work allowance (BTWA) for persons who take up employment and the back to work enterprise allowance (BTWEA) for persons who become self employed. These allowances provide a monetary incentive for people who are long term dependant on social welfare payments to make the return to work financially attractive and viable.

To qualify for the back to work enterprise allowance a person must be setting up a self — employment business that has been approved by a Partnership Company or a department's facilitator and, in the case of someone on the live register, they must be in receipt of a jobseeker's payment for 2 years prior to commencing their self employment. Participants on the back to work enterprise allowance receive a tapered percentage of their social welfare payment over a four year period. Participants may also retain entitlement to certain other secondary benefits. At the end of December 2008, there were 8,162 participants availing of the back to work scheme of which 4,604 were participating in the self employed option.

The scheme has been subject to review and modification over the years to ensure that it continues to assist those furthest from the labour market. The qualifying conditions will continue to be monitored in the context of its objectives and the changing economic circumstances.

Question No. 140 answered with Question No. 112.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

141 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of Irish citizens refused social welfare payments, including rent support, on foot of the habitual residency clause criteria; and if she will make a statement on the matter. [3232/09]

Bernard J. Durkan

Ceist:

331 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of Irish-born citizens who have been deprived of social welfare payments in the past two years under the habitual residency clause; and if she will make a statement on the matter. [3525/09]

Bernard J. Durkan

Ceist:

332 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of non-Irish born Irish citizens who have been deemed ineligible for a social welfare payment on foot of the habitual residency clause since its inception; and if she will make a statement on the matter. [3526/09]

I propose to take Questions Nos. 141, 331 and 332 together.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004.

It was introduced in the context of the Government's decision to open the Irish labour market to workers from the 10 new EU Member States, without the transitional limitations which were imposed at that time by most of the other Member States.

The effect of the condition is that a person whose habitual residence is elsewhere would not normally be entitled to social welfare assistance or child benefit payments on arrival in Ireland.

Under Social Welfare legislation, decisions in relation to all aspects of claims are made by statutorily appointed Deciding Officers. Each case received for a determination on the Habitual Residence Condition is dealt with in its own right and a decision is based on application of the legislation and guidelines to the particular individual circumstances of each case. Decisions in relation to Supplementary Welfare Allowance, including Rent Supplement, are made by Community Welfare Officers in the Health Service Executive (HSE).

Any applicant who disagrees with the decision on a case has the right to request a review of that decision and/or appeal to the independent Social Welfare Appeals Office.

While decisions to the effect that applicants satisfy the Habitual Residence Condition (HRC) can be made in the vast majority (over 90%) of cases at claim acceptance stage on the basis of answers given on the primary claim forms, complex cases are examined in more detail.

Claims involving complex HRC issues are assessed and decided in all scheme areas within the Department by deciding officers who are experienced and fully familiar with the issues involved for each scheme in regard to HRC. I am satisfied that this arrangement contributes greatly to accuracy and consistency in the decision-making process.

The Supplementary Welfare Allowance scheme, including Rent Supplement, is administered by the Community Welfare Service of the HSE. Statistics are not recorded which would enable detailed information to be provided on the numbers refused Supplementary Welfare Allowance, including Rent Supplement, by reason of not satisfying the Habitual Residence Condition. (HRC).

However on the basis of local experience the Community Welfare Service estimates that less than 1% of all claims refused each year come within this category. During the period from May 2004 to December 2008 82,757 cases involving complex HRC issues were decided for all social welfare schemes. 19,504 or 24% of these were in respect of Irish citizens — of which 89% (17,414) were allowed and 11% ( 2,090) were disallowed . Statistical information is not maintained in regard to whether an Irish citizen's place of birth was in Ireland or not.

An analysis by geographical sector of the decisions made in all 82,757 complex cases is set out as follows.

Claims Decided

IRISH

UK

EU 13

New Member States

Other

Total

Yes

17,414

5,656

2,183

10,846

25,006

61,105

No

2,090*

868

3,519

10,921

4,254

21,652

Total

19,504

6,524

5,702

21,767

29,260

82,757

% disallowed

11%

13%

62%

50%

15%

*Of the total of 2,090 Irish citizens who failed to satisfy HRC, 374 of these cases were decided in 2007 and 427 in 2008.

EU legislation prohibits discrimination between nationals of EU Member States in the context of freedom of movement of workers and their access to social security or social assistance entitlements. Therefore national legislation cannot provide advantages to non-resident Irish nationals on short visits here without extending the provisions to all EU nationals under the same conditions. It must be emphasised that Irish nationals returning to live here on a permanent basis should experience no difficulty in demonstrating that they satisfy the requirements of the Habitual Residence Condition.

The criteria that have been incorporated in the social welfare legislation in relation to the HRC have been drawn from judgments of the European Court of Justice and are therefore soundly grounded in case-law.

The Habitual Residence Condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when they need it. The operation of the condition was reviewed by the Department in 2006 and it is not proposed to introduce any changes to the current policy in this regard as the original reason for the policy is still valid.

Departmental Funding.

Thomas P. Broughan

Ceist:

142 Deputy Thomas P. Broughan asked the Minister for Social and Family Affairs if she is satisfied that the level of funding her Department is providing to the Health Service Executive in respect of the salaries of community welfare officers is sufficient to allow local officers meet the extra demand placed on them arising from the economic downturn or to allow the HSE to recruit additional officers. [3228/09]

The Supplementary Welfare Allowance (SWA) and Back to School Clothing and Footwear Allowance (BSCFA) schemes are administered by the Community Welfare division of the Health Service Executive (HSE) on behalf of the Department Social and Family Affairs. The operational arrangements for the processing of applications and the payment to qualifying individuals, is a matter for the respective community welfare division areas.

The administration costs of the SWA and BSCFA schemes are met by the department. Funding for salaries of community welfare officers is based on the proportion of time they spend administering these schemes. Funding is provided centrally to the HSE which is responsible for the allocation of budgets to individual community welfare divisions.

In 2008 the department paid the HSE €58.3m in administration costs. This was based on the cost of salaries in 2007 plus a Department of Finance pay inflator of 3.74%. The issue of increased demand on existing resources is a matter for the HSE in the first instance to prioritise workloads and re-deploy resources where necessary so that frontline services are maintained. The department is committed to working closely with the HSE in ensuring effective delivery of the Supplementary Welfare Allowance scheme and associated income support payments. It is open to the HSE at anytime to approach the department to review its allocation for staff costs associated with delivery of these services.

However, the question of any increase in expenditure for staffing within the Community Welfare Service above that currently provided would have to be considered in the context of overall Government policy on public service manpower levels.

Questions Nos. 143 and 144 answered with Question No. 112.

Services for People with Disabilities.

Kathleen Lynch

Ceist:

145 Deputy Kathleen Lynch asked the Minister for Social and Family Affairs when she will provide for a personal advocacy service in respect of people with disabilities; the target date to which she is working; and if she will make a statement on the matter. [3223/09]

The statutory basis for the introduction of a personal advocacy service under the Citizens Information Board (CIB) was provided for in the Citizens Information Act, 2007. However, having regard to the current budgetary circumstances, it will not be possible to proceed with this in 2009.

The provision of an advocacy service remains a priority for this Government. In this regard, significant resources have been provided since 2005, and will continue to be made available under the auspices of the Citizens Information Board for the development and provision of advocacy services for people with disabilities.

The Community and Voluntary Sector Advocacy programme has been developed by the Board since 2005 and has funded 46 separate advocacy projects. The overall focus of the programme is on representative advocacy for people with a disability. Projects either operate within a specific geographic area or are focused on a particular disability type. Each of the projects possess different challenges, some requiring more intensive work with smaller caseloads while others have larger caseloads with shorter periods of client contact. Up to the end of 2008, 3,404 members of the public have availed of the services provided by the projects.

The Citizens Information Board is monitoring the programme to ensure that the projects are operating in accordance with the Board's advocacy guidelines. It is planned to undertake a full evaluation of the Community and Voluntary Sector Advocacy programme in 2010.

The Citizens Information Board also provides advocacy through the Citizens Information Services focusing on access to services, welfare entitlements and employment rights. This type of mainstream advocacy is also open to people with disabilities and the Community and Voluntary Sector Advocacy programme is creating close links with the Citizens Information Services to ensure that people with disabilities are encouraged and supported to use the mainstream services where possible. The advocacy capacity is being strengthened through the provision of Advocacy Resource Officers who work to build the capacity of information providers within the Citizens Information Services to advocate on behalf of clients. There are nine Advocacy Resource Officers in operation across the Citizens Information Services network.

I am satisfied with the developments undertaken to provide advocacy services for people with disabilities through the Citizens Information Board. The Department will continue to work with them to further enhance advocacy services for all citizens including those with disabilities.

Social Welfare Benefits.

Martin Ferris

Ceist:

146 Deputy Martin Ferris asked the Minister for Social and Family Affairs her views on whether the new PRSI requirements for jobseeker’s benefit unfairly penalises young people who may have lost their first jobs because of the economic downturn. [3199/09]

In order to qualify for a social insurance payment, a person must fulfil all of the relevant conditions including the social insurance contribution conditions relating to the particular benefit being claimed. These contribution rules aim to preserve a balance between the level of contributions paid and the amount of benefits received, by ensuring that the claimants record of contributions is sufficient, both in terms of initial establishment of a right to a benefit and of consistency of payment of contributions over the person's working life.

Where a person will be drawing more heavily on the resources of the Social Insurance Fund, e.g. where a person is claiming a benefit over a longer-term, it is considered appropriate that the tests should be more stringent. Accordingly, jobseeker's benefit requires the claimant to have paid a minimum number of contributions since they first started working and also to demonstrate a recent attachment to the workforce by having a minimum number of contributions in a recent tax year. For long-term benefits, such as the state pension contributory, the person must have paid a more substantial minimum number of contributions (currently 260) and must also have a prescribed yearly average over their working lives.

In this context the Government considers it appropriate to look at some of the instances where people with a very limited or distant contribution record have been able to qualify for very significant benefits, regardless of their household income. One of these changes relates to entitlement to jobseeker's benefit. It had been the case that people who had paid just 52 contributions in total could qualify for jobseeker's benefit. This meant that young workers, including migrants who had only worked for a total of one year were entitled to claim jobseeker's payments for 12 months, without having to satisfy a means test.

This condition has been changed from the beginning of January 2009, with the number of required paid contributions being doubled to 104 for new claimants.

Another measure that has been introduced relates to the duration of jobseeker's benefit. It had been the case that people who had paid 260 or more PRSI contributions could receive jobseeker's benefit for up to 15 months. From 15 October, 2008, this has been limited to 12 months for existing claimants with less than six months duration on the scheme as well as for all new claimants. Where the claimant has paid less than 260 PRSI contributions, the maximum duration of jobseeker's benefit will be 9 months (instead of 12 months) for existing claimants who have been in receipt of benefit for less than three months and for all new claimants. These measures are d Another measure that has been introduced relates to the duration of jobseeker's benefit. It had been the case that people who had paid 260 or more PRSI contributions could receive jobseeker's benefit for up to 15 months. From 15 October, 2008, this has been limited to 12 months for existing claimants with less than six months duration on the scheme as well as for all new claimants. Where the claimant has paid less than 260 PRSI contributions, the maximum duration of jobseeker's benefit will be 9 months (instead of 12 months) for existing claimants who have been in receipt of benefit for less than three months and for all new claimants. These measures are designed to more closely align the contribution conditions for jobseeker's benefit to the level and duration of the benefit being provided.

However, it should be noted that people who are affected by these changes will be able to claim jobseeker's allowance or supplementary welfare allowance instead, if they have limited means. The maximum rate of these two schemes is paid at the same rate as jobseeker's benefit.

Question No. 147 answered with Question No. 112.

Jack Wall

Ceist:

148 Deputy Jack Wall asked the Minister for Social and Family Affairs the work she has undertaken to review the conditions of the back to education scheme and the back to work enterprise allowance to allow social welfare claimants avail of these schemes within a few months of becoming unemployed. [3209/09]

There is a range of education and employment supports available to persons in receipt of welfare payments. These initiatives are designed to assist and facilitate people on social welfare payments to return to the active labour force, included in these measures is the back to work allowance and back to education allowance.

The back to education allowance (BTEA) is a second chance education opportunities scheme designed to remove the barriers to participation in second and third level education. It encourages and facilitates people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force. The scheme enables qualified people who have been getting a social welfare payment to continue to receive a payment while pursuing an approved full-time education course.

To qualify for participation an applicant must be in receipt of a relevant social welfare payment and be at least 21 years of age prior to commencing an approved course of study. However, lone parents and persons in receipt of unemployment payments can qualify at 18 years of age provided they are out of formal education for at least 2 years. In general, an applicant must be in receipt of a relevant Social Welfare payment for 6 months if pursuing a second level course or 12 months if pursuing a third level course.

In addition, the qualifying period for access to the third level option has been reduced to 9 months for persons who are participating in the National Employment Action Plan (NEAP) process, where a FÁS Employment Services Officer recommends pursuance of a third level course of study as essential to the enhancement of the individual's employment prospects. People who are awarded statutory redundancy may access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study. The requirement to be in receipt of a relevant social welfare payment for a minimum period has always been a feature of the BTEA scheme and is considered necessary to ensure that limited resources are directed at those most in need.

The back to work allowance (BTWA) scheme is designed to assist the long term unemployed, lone parents, people with disabilities and other social welfare recipients to return to work. There are two strands to the scheme, the back to work enterprise allowance for the self-employed and the back to work allowance for employees. The aim of the BTWA scheme is to assist and encourage the long term unemployed, lone parents, people with disabilities and other social welfare recipients to return to the active labour force. These allowances provide a monetary incentive for people who are long term dependant on social welfare payments to make the return to work financially attractive and viable.

To qualify for this allowance the application must be submitted in advance and the person must be in receipt of a qualifying payment for a specific length of time immediately prior to commencing employment. Participants receive a tapered percentage of their social welfare payment over a three year period for employees and a four year period for those who become self employed. Participants may also retain entitlement to certain other secondary benefits.

The current back to education and back to work schemes have been subject to review and modification over the years. The requirement to be in receipt of a relevant social welfare payment for a minimum period has always been a feature of the schemes. People who have been unemployed for a very short time are not the main focus of the schemes.

The operation of the schemes have been subject to review and modification over the years to ensure that they continue to assist those furthest from the labour market. The qualifying conditions will continue to be monitored in the context of the objectives of the schemes and the changing economic circumstances.

Ciaran Lynch

Ceist:

149 Deputy Ciarán Lynch asked the Minister for Social and Family Affairs the steps her Department has taken to prevent the payment of rent allowance to non-registered landlords; the number of rent allowance payments that have ceased in the past three years as a result of a discovery that the landlord has not registered; and if she will make a statement on the matter. [3220/09]

The supplementary welfare allowance scheme, which is administered on behalf of the Department by the community welfare division of the Health Service Executive, provides for the payment of a rent supplement to assist eligible tenants who are unable to provide for their immediate accommodation needs from their own resources and who do not have accommodation available to them from any other source. Under the Residential Tenancies Act 2004, landlords are legally obliged to register tenancies with the Private Residential Tenancies Board (PRTB). The Department supports the requirement that tenancies facilitated by rent supplement should be registered with the PRTB and is working closely with the PRTB in ensuring that all rent supplemented tenancies comply with the statutory system of tenancy regulation and safeguards. To that end, the Department provides the PRTB with details of rent supplement payments to enable them identify tenancies that are not registered and to take any follow-up action necessary.

It is not a requirement of the rent supplement scheme that landlords must be registered with the PRTB before a rent supplement is paid to a tenant. Landlords are legally obliged to register tenancies with the PRTB within one month from the start date of a tenancy. To require the landlords of all rent supplemented tenants to be registered with the PRTB would therefore frequently have the effect of delaying payment of rent supplement.

In many cases, when a tenant's rent supplement application is being decided the tenancy will not have been registered by the landlord with the PRTB, as the establishment of the tenancy will be dependent on rent supplement being awarded. Furthermore, there are certain instances where a tenancy need not be registered with the PRTB, for example, in the case of renting a room in a house.

It is my view that rent supplemented tenancies which are liable for registration with the PRTB, should be so registered. I am satisfied that the arrangements I have outlined in relation to the exchange of data with the PRTB, contribute to ensuring that landlords whose tenants receive rent supplement comply with this statutory obligation.

Question No. 150 answered with Question No. 132.

Michael Creed

Ceist:

151 Deputy Michael Creed asked the Minister for Social and Family Affairs the number of farmers who will be entitled to farm assist on foot of the changes in the disadvantaged areas scheme regarding the reduction of eligibility of farms from 45 to 34 hectares and the consequent income loss; and if she will make a statement on the matter. [44048/08]

The Farm Assist scheme was introduced in the Social Welfare Act, 1999. The scheme was designed specially for farmers on low incomes.

It is not possible to estimate the number of farmers who may qualify for farm assist due to changes in the disadvantaged area scheme. However, it is open to any farmer to apply for farm assist and a decision will be given on his/her application. If a farmer is already getting farm assist and if his/her circumstances have changed, s/he may apply to have their claim reviewed.

The farm assist scheme is a practical response by the Department to the situation of low-income farmers and it represents a long-term safety net for them. It benefits farm families with children and also provides increased payments to farming couples without children and to single farmers on low income.

Question No. 152 answered with Question No. 112.
Question No. 153 answered with Question No. 106.

Jim O'Keeffe

Ceist:

154 Deputy Jim O’Keeffe asked the Minister for Social and Family Affairs the various steps which arise in dealing with an application for jobseeker’s assistance; and the normal timespan involved before payments are made. [3205/09]

A person who wishes to claim Jobseeker's Allowance has to attend at their local Social Welfare Office. There are several conditions which must be met including that:

the person be of habitual residence in the State

s/he is available for full-time work

s/he is genuinely seeking work

s/he satisfies a means test.

If the person satisfies these conditions the amount of payment granted will also be informed by the spouse/partner's circumstances, family size and any means that the person may have.

In some cases the means test will be carried out in the Local Office while in others it may be necessary for a Social Welfare Inspector to carry out the assessment which may involve a home visit. This may impact on the timescale of the decision. In some cases delays arise where the person fails to supply all pertinent information in support of his/her application.

For jobseeker's allowance claims decided in December (the latest month for which such figures are available), the average processing time was 5 weeks.

Jack Wall

Ceist:

155 Deputy Jack Wall asked the Minister for Social and Family Affairs if she will review the level of co-operation between her Department and the Department of Health and Children in relation to the operation and means testing of rent allowance to avoid the situation in which social welfare income is counted in the assessment of rent allowance. [3210/09]

Rent supplement is administered on behalf of the department by the community welfare service of the Health Service Executive as part of the supplementary welfare allowance scheme. The purpose of the rent supplement scheme is to provide short-term income support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source.

Rent supplement is normally calculated to ensure that a person, after the payment of rent, has an income equal to the rate of supplementary welfare allowance appropriate to family circumstances less a minimum contribution of €18, which recipients are required to pay from their own resources. Many recipients pay more than €18 because they are also required, subject to income disregards, to contribute any additional assessable means that they have over and above the appropriate basic supplementary welfare allowance rate, towards their accommodation costs.

Social welfare legislation provides that all income in cash is assessable for supplementary welfare allowance purposes. This includes income from social welfare payments. Some specific disregards of income are provided for in the legislation in respect of the means test for the rent supplement scheme to include pensioners aged over 65 years, carers, recipients of child benefit, guardian's payment, respite care grant and those engaged in rehabilitative employment. The assessment for rent supplement also provides for a gradual withdrawal of payment as hours of employment or earnings increase. In recent years improvements have been made to the means test to encourage eligible people to engage in employment without losing their entire rent supplement.

Since June 2007, where a person has additional income in excess of the standard weekly rate of supplementary welfare allowance, the first €75 of such additional income together with 25% of any additional income above €75 is disregarded for means assessment purposes. This ensures that those returning to work or participating in training schemes are better off as a result of taking up such an opportunity.

I am satisfied that the assessment of means for the purposes of the rent supplement scheme, provides an adequate short-term "safety net" within the overall social welfare system to ensure that people do not suffer hardship. I am also satisfied that the community welfare service is administering the supplementary welfare allowance scheme in accordance with the relevant statutory provisions.

Question No. 156 answered with Question No. 112.
Question No. 157 answered with Question No. 114.
Question No. 158 answered with Question No. 112.

Jan O'Sullivan

Ceist:

159 Deputy Jan O’Sullivan asked the Minister for Social and Family Affairs her plans to transfer the operation of rent allowance from Health Service Executive community welfare officers to local authorities; and if she will make a statement on the matter. [42432/08]

The supplementary welfare allowance scheme, which includes rent supplement, is currently administered on behalf of the department by the community welfare division of the Health Service Executive.

There are no plans to transfer the administration of the rent supplement scheme to local authorities. However, the government has decided that certain functions of the Health Service Executive will transfer to the Department of Social and Family Affairs, including the administration of the supplementary welfare allowance scheme including rent supplement.

The purpose of the rent supplement scheme is to provide short-term income support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. In recent years, a significant number of people have come to rely on rent supplement for extended periods. There are currently over 75,000 people in receipt of rent supplement of which over 31,000 are now getting a supplement for 18 months or more. For this reason, the scheme has to be viewed in the context of overall housing policy, particularly in the case of long-term claimants. In response to this situation the Rental Accommodation Scheme (RAS) was introduced in 2004 and is being implemented on a phased basis. RAS gives local authorities specific responsibility for meeting the longer-term housing needs of people receiving rent supplement for 18 months or more. Since 2005, over 18,000 rent supplement recipients have been transferred to RAS units and other social housing options. When fully implemented, it is expected that in excess of 30,000 rent supplement recipients will have transferred to the local authorities under RAS and other social housing schemes.

The Department continues to work closely with the Department of the Environment, Heritage and Local Government in ensuring that RAS meets its objective of catering for those on long term rent supplementation while enabling rent supplement to return to its original role of a short-term income support.

Social Insurance Fund.

Eamon Gilmore

Ceist:

160 Deputy Eamon Gilmore asked the Minister for Social and Family Affairs the action she will take to ensure that the social insurance fund is kept in surplus. [3225/09]

The legislation covering the Social Insurance Fund (SIF) established a tripartite funding arrangement with the Exchequer acting as a residual financier to contributions from employees and employers. In fact, Exchequer contributions to cover funding shortfalls from employer and employee contributions have been the norm since the establishment of the SIF.

Since 1996, there has been an annual surplus in the fund as a result of contributions from the latter which gave rise to an accumulated surplus of some €3.6bn at the end of 2007. During 2008 the fund experienced a deficit on a current basis and the excess of outgoings over income is being met at present from the accumulated surplus.

The approaches to the current and future deficits are matters for the Government to consider in a budgetary context.

Question No. 161 answered with Question No. 112.
Question No. 162 answered with Question No. 110.
Question No. 163 answered with Question No. 129.
Question No. 164 answered with Question No. 114.

Live Register.

Simon Coveney

Ceist:

165 Deputy Simon Coveney asked the Taoiseach the number of people on the live register in the area of Cork city and county; the increase in these figures over the past six months; and if he will make a statement on the matter. [3015/09]

The Live Register series gives a monthly breakdown of the number of people claiming Jobseeker's Benefit, Jobseeker's Allowance and other registrants as registered with the Department of Social and Family Affairs. Figures are published for each county and each social welfare office. The most recent information is for December 2008.

The table contains the number of persons signing on in each social welfare office in County Cork on the last Friday in each month from July to December 2008. The table also contains the change in the number of persons signing on in each social welfare office in County Cork over the period June to December 2008.

Persons on Live Register (Number) in County Cork by Social Welfare Office and month (July-December 2008)

July 2008

August 2008

September 2008

October 2008

November 2008

December 2008

Cork County Total

23,581

24,464

23,753

24,210

25,684

28,064

Bandon

878

901

881

951

1,009

1,063

Bantry

489

521

479

508

582

648

Bantry (SWLO)

186

187

180

182

201

224

Carrigaline

1,163

1,176

1,136

1,211

1,298

1,428

Clonakilty

642

652

649

693

773

807

Cobh

539

570

536

608

626

695

Cork City

11,338

11,900

11,575

11,295

11,730

12,637

Fermoy

1,470

1,538

1,490

1,538

1,563

1,706

Kinsale

758

800

813

843

954

979

Macroom

816

852

856

935

966

1,100

Mallow

1,291

1,319

1,290

1,272

1,417

1,794

Midleton

1,602

1,611

1,588

1,643

1,875

2,039

Newmarket

836

855

813

924

978

1,070

Skibbereen

537

544

491

528

591

667

Youghal

1,036

1,038

976

1,079

1,121

1,207

Persons on Live Register (Number) in County Cork by Social Welfare Office for June and December 2008 and the change over that period

June 2008

December 2008

Change in number of persons

Cork County Total

21,762

28,064

6,302

Bandon

811

1,063

252

Bantry

404

648

244

Bantry (SWLO)

174

224

50

Carrigaline

1,008

1,428

420

Clonakilty

598

807

209

Cobh

524

695

171

Cork City

10,540

12,637

2,097

Fermoy

1,330

1,706

376

Kinsale

723

979

256

Macroom

737

1,100

363

Mallow

1,206

1,794

588

Midleton

1,492

2,039

547

Newmarket

753

1,070

317

Skibbereen

488

667

179

Youghal

974

1,207

233

Source: CSO Live Register series.

Unemployment Levels.

Charlie O'Connor

Ceist:

166 Deputy Charlie O’Connor asked the Taoiseach the unemployment figures at the Tallaght social welfare office, Dublin in the past three months for which figures are available. [3183/09]

The Live Register series gives a monthly breakdown of the number of people claiming Jobseeker's Benefit, Jobseeker's Allowance and other registrants as registered with the Department of Social and Family Affairs. Figures are published for each county and each social welfare office. The most recent information is for December 2008.

The table contains the number of persons signing on in the Tallaght social welfare office on the last Friday in each month from October to December 2008. It should be noted that the Live Register is not a definitive measure of unemployment as it includes part-time workers, and seasonal and casual workers entitled to Jobseeker's Benefit or Allowance.

Persons on the Live Register (Number) at Tallaght Social Welfare Office October — December 2008

Oct

Nov

Dec

2008

2008

2008

Tallaght

5,526

5,955

6,516

Source: CSO Live Register Series.

Dáil Reform.

David Stanton

Ceist:

167 Deputy David Stanton asked the Taoiseach, further to his reply during the Order of Business on 27 January 2009, the members of the working group on Dáil Éireann reform to whom he referred to in his reply; when the group was established; the terms of reference; the number of times that this group has met; when he expects it to produce a proposal; and if he will make a statement on the matter. [3394/09]

The Government Working Group on Dáil Reform was established on 27 January 2009. The membership comprises Ministers Dermot Ahern and Noel Dempsey, Minister of State Pat Carey and Senator Dan Boyle. The Group will identify proposals as to how best we can restructure the way we do our business in the Dáil so as to ensure that the Irish people have a modern Parliament which reflects their concerns and needs. I am anxious that progress be made without delay and cross party agreement be found so that the business of the Dáil can be improved. The first meeting of the Group will be held shortly.

Irish Language.

Ciaran Lynch

Ceist:

168 Deputy Ciarán Lynch asked the Taoiseach the cost to his Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if he will make a statement on the matter. [3416/09]

The primary objective of the Official Languages Act, 2003 was to ensure better availability and a higher standard of service to the public in Irish. This was already a key feature of my Department's Customer Charter, which undertakes that customers who wish to conduct their business through Irish can do so. Because the primary focus however, of my Department's work is on dealings with Government and other Departments and Agencies, we do not experience a significant level of demand from the public for service in Irish. Nevertheless, in keeping with the spirit of the Act, we are fully committed to improving the service we provide in Irish and to developing, on an ongoing basis, a positive culture that encourages the use of Irish both within the Department and with our customers.

On foot of the Act, a Scheme was prepared following consultation with my Department and after advertising for submissions from the public. This Scheme outlined my Departments proposed measures to meet the obligations of the Act over the period 2005-2008. Work is currently underway in preparing the next Scheme which will cover the period from 2009 — 2011. I do not anticipate measures in the new Scheme which will give rise to significant costs to my Department.

As my Department was already providing a bilingual service as part of our customer service commitments prior to the Official Languages Act 2003, it is difficult to quantify exactly how much is directly attributable to the implementation of Act.

Costs which are principally incurred by my Department in relation to the Irish language include translation, advertising, minor adjustments to the Department's website and from time to time, some specific Irish language training.

Since the enactment of the Act, my Department and Agencies have spent approximately €3,000 on advertisements in Irish alone, and approximately €386,000 on advertisements in Irish and English. Assuming that something less that half of the latter cost relates to the content in Irish, the total expenditure on advertising in the Irish language is less than €196,000.

These costs relate in the main to public notices for events such as the National Day of Commemoration and the 1916 Commemoration, and to public consultation processes such as the recent OECD Review. It has long been the practice of my Department to publish such notices in both of the official languages. This practice pre-dates the enactment of the Official Languages Act and demonstrates my Department's ongoing commitment to providing a higher standard of service in both languages to our customers.

The Irish language training needs of staff in my Department are predominantly met by the Centre for Management and Organisation (CMOD) which provides Irish courses for the Public Service — Gaeleagras na Seirbhíse Poiblí — the costs of which are met from the central budget.

From time to time, some staff members attend specific Irish language courses outside the remit of CMOD.

The cost of such courses since the implementation of the Act has been in the region of €7,000 and has been met from the overall training budget for the Department.

As one would expect, the vast majority of translation costs incurred by my Department over the years has been in respect of translation from English to Irish with a view to providing a better service to those who wish to receive material in or conduct their business through the medium of Irish. Accordingly, approximate costs of translation over the years have been as follows:

Translation costs 2003 – €28,245

Translation costs 2004 – €40,673

Translation costs 2005 – €46,786

Translation costs 2006 – €81,527

Translation costs 2007 – €68,511

Translation costs 2008 – €56,873

As you will see, while there has been some increase in the cost of translations to my Department since the enactment of the Official Languages Act, 2003, it is not possible to ascertain exactly how much of this cost relates directly to the implementation of the Act.

Departmental Publications.

Liz McManus

Ceist:

169 Deputy Liz McManus asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason the report on media mergers was only published on-line and not in hard copy; her views on whether this report is of significant public importance; the further reason the submissions to the committee have not been published; and if she will make a statement on the matter. [3120/09]

The Report of the Advisory Group on Media Mergers, which was published on the 2nd January 2009, was not produced in hard copy for reasons of cost. The announcement accompanying the publication of the Report included a link whereby the Report could be accessed on-line. The Report remains available and can be accessed on my Department's website at www.entemp.ie/publications/commerce/2008/advisorygrouponmediamergersreport2008.

With regard to submissions made to the Advisory Group, the Deputy will appreciate that the publication or the inclusion of these submissions in the Group's final Report was a matter for the members of the Group.

As I stated previously, I very much appreciate the work of the Advisory Group in compiling its Report. The Report will be of tremendous assistance in my Department's review of the law in this area so as to ensure that Ireland has a robust legislative framework to safeguard the public interest aspects of media mergers.

Redundancy Payments.

Jack Wall

Ceist:

170 Deputy Jack Wall asked the Tánaiste and Minister for Enterprise, Trade and Employment further to a previous Parliamentary Question of 8 December 2008, the position of the application by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [2989/09]

I wish to advise the Deputy that the Redundancy Payments Section of my Department requires clarification on matters related to the company's business affairs. The company's accountant, who was contacted in December by that Section, has been requested to submit those details in order to progress the claim in question.

Departmental Funding.

Róisín Shortall

Ceist:

171 Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount of funding provided to FÁS in 2009 in respect of the local employment service; the breakdown of the amount which has been approved for each local employment service; the way this compares with the 2007 and 2008 allocations; when this funding will be available to each local employment service; and the plans to extend each service in order that the catchment area of every local social welfare office is covered. [3122/09]

In 2007 the total funding provided by the Department of Enterprise, Trade & Employment (DETE), through FÁS, to the Local Employment Service Network (LESN) was €19,267,664. This rose to €19,430,000 in 2008. The total spend by the LESN was €18,682,145 in 2007 and €19,279,126 during 2008. The table provides a detailed breakdown of the funds provided to each individual member of the LESN in 2007 & 2008.

The budget process for 2009 is currently underway and involves each LES making a bid, which addresses a variety of financial headings. In the meantime, funding is already being provided to the LESN while the budgetary process in being finalised. It is anticipated that the process will be finalised within a matter of weeks.

Together FÁS Employment Services and the Local Employment Service form the dual strands of the National Employment Service (NES). The NES has a national footprint at local level through FÁS's 70 Employment Service Offices nationwide and also through the LESNs provision of services within the 26 regions they operate in. To further enhance the service, the NES has established a complimentary working group with a view to closer co-operation between FÁS and the LESN at policy level, while at a local level FÁS Employment Services Managers & LES Coordinators work closely together in delivering services.

The NES and the Department of Social & Family Affairs (DSFA) coordinate at both national and local levels in order to further enhance employments services, through interdepartmental meetings attended by DETE, DSFA and FÁS and local level meetings between FÁS Employment Service Managers, LESN coordinators and Managers within the DSFA.

Finally, FÁS is in discussions with the LESN regarding their more intensive involvement in the activation of the unemployed and arrangements are being put in place for the direct referral of National Employment Action Plan (NEAP) clients to the LES.

2007 Expenditure

2008 Expenditure

LES Ballyfermot

694,786

738,793

LES Ballymun

991,800

1,037,177

LES Blanchardstown

893,325

944,541

LES Canal Inchicore

629,739

638,539

LES Clondalkin

825,510

882,820

LES Cork

820,924

947,129

LES DICP (Dublin Inner City)

917,636

1,129,020

LES Drogheda

693,604

645,523

LES Dundalk

452,110

387,987

LES Finglas/Cabra

760,768

818,728

LES Galway

582,187

624,863

LES Limerick

1,422,284

1,477,433

LES Mayo

775,517

786,747

LES Monaghan

636,076

577,297

LES Northside

982,221

1,025,414

LES South Kerry

471,236

464,516

LES Southside (Dublin)

721,360

778,863

LES Tallaght

968,815

952,500

LES Tralee

606,790

647,008

LES Waterford City

635,667

591,340

LES Co Waterford

319,648

333,637

LES Wexford County

587,056

601,189

K W C D LES (Kimmage, Walkinstown, Crumlin, Drimnagh)

587,155

609,553

LES Wexford Town

186,066

204,448

Bray Partnership

540,904

516,100

LES Kildare

957,224

901,853

LES Central Budget

21,737

16,108

Total

18,682,145

19,279,126

Redundancy Payments.

Kathleen Lynch

Ceist:

172 Deputy Kathleen Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment the contact her office has made with a company or the Singapore Government to secure a redundancy settlement for the former workers of a company (details supplied) in County Cork; and if she will make a statement on the matter. [3133/09]

Kathleen Lynch

Ceist:

173 Deputy Kathleen Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment when the former workers of a company (details supplied) in County Cork will be awarded their statutory redundancy entitlements through the social insurance fund; and if she will make a statement on the matter. [3134/09]

I propose to take Questions Nos. 172 and 173 together.

I wish to advise the Deputy that the statutory redundancy claims in respect of the company mentioned have been received in the Redundancy Payments Section of my Department. These claims are currently being processed and clearance for payment will follow, subject to the correct details being in place. My Office has not made contact with the above mentioned company or the Singapore government to secure a redundancy settlement.

Industrial Development.

Denis Naughten

Ceist:

174 Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment further to a meeting (details supplied) the progress made to date in addressing the issues raised; and if she will make a statement on the matter. [3190/09]

I am aware that since Minister Martin's meeting with Boyle Chamber of Commerce in April 2008, Enterprise Ireland is actively working with Boyle Chamber, the County Enterprise Board and the County Development Board regarding potential business development.

Enterprise Ireland has approved support for a total of six Community Enterprise Centres in County Roscommon. These Centres are located in Arigna, Ballaghadereen, Boyle, Castlerea, and two in Roscommon Town. Boyle Chamber of Commerce was approved €350,000 in 2006 for the construction of a Centre. The Chamber is in the process of applying for planning permission for the construction of the Centre.

IDA Ireland is also supporting enterprise development in the Midlands Region through its ongoing strategy of growing and embedding foreign direct investment activity. The agency is encouraging its client companies to add strategic functions to its Irish operations in areas such as R&D and marketing. There are opportunities here for indigenous companies in the areas of sub-supply and service provision.

Attracting FDI investments into Ireland is most competitive. Ireland now has to compete for more high value and skill-intensive investments than in the past. IDA Ireland in the Midlands competes with city regions in Ireland and worldwide for global investors to locate in this region. A large proportion of investments tend to favour the larger urban centres, close to Universities and Institutes of Technology. Combining the strengths of the Midlands Gateway is essential to boosting the Region's overall economic strength. The other towns, villages and rural areas all have complementary roles within that structure in achieving the aim of balanced regional development. Recent successes in the local area include:

Cameron Corporation announced in April 2008 that it is to significantly develop and expand its existing manufacturing and R&D facility in Longford town creating 140 high quality jobs over the next five years in engineering and support activities.

Harmac Medical employ over 180 skilled people at its Castlerea facility and celebrated their 10th Anniversary in September 2008.

Intertek BioClin's new, extended state of the art pharmaceutical laboratory facility in Athlone was officially opened in July 2008.

MBNA in Carrick-on-Shannon employs over 800 people in their facility.

Toucan in Sligo continues to grow and recruit personnel with employment over 140.

Innocoll Pharmaceuticals located its R&D and manufacturing centre in Roscommon.

Abbott Ireland Diagnostics now employs over 350 people in Longford and a further 1,000 people work in the Abbot plant in Sligo.

I would like to assure the Deputy that the State development agencies, under the auspices of my Department, will continue to work together to promote Boyle and its environs, in order to attract investment and to foster job creation in the area.

Task Forces.

Michael Noonan

Ceist:

175 Deputy Michael Noonan asked the Tánaiste and Minister for Enterprise, Trade and Employment when she will establish the special task force arising from the announcement of 1,900 redundancies at a company (details supplied); if she will name the members of the task force and provide short biographical notes on each member; the terms of reference of the task force; if the chairman and members of the task force will be remunerated; and if she will make a statement on the matter. [3350/09]

On 2nd February, I confirmed that Mr Denis Brosnan will chair the Mid-West Region Task Force. The other members are as follows:

Roger Downer;

John Herlihy;

John Fitzgerald;

Martin Cronin;

Brian O'Connell;

Anita Higgins;

Ken O'Sullivan;

Kay McGuinness;

Vincent Cunnane, (Chief Executive).

At the time of preparation of this reply, the final details of the task force remit are still under consideration but will be clarified in time for the first meeting of the task force which, I understand, is planned for next Monday 9th February.

Redundancy Payments.

Ciaran Lynch

Ceist:

176 Deputy Ciarán Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment when a person (details supplied) in County Cork who was made redundant in early October 2008 will receive statutory redundancy payments; and if she will make a statement on the matter. [3379/09]

I wish to advise the Deputy that the claimant's Statutory Redundancy has been processed and payment issued on 30 January, 2009.

Pension Provisions.

Róisín Shortall

Ceist:

177 Deputy Róisín Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment the severance package, pension and so on awarded to a person (details supplied); and the extent to which performance in office is linked to the value of such payments. [3387/09]

The Department of Finance sanctioned the following severance terms to the former Director General of FÁS:

superannuation benefits (Pension and Lump Sum) based on 40 years service, including added notional service, payable with effect from 26 November 2008, and

an ex-gratia payment, equivalent to 6 months salary.

During his time as Director General, Mr Molloy made a significant contribution to the development of FÁS, which came during a time of major change for the organisation.

Sales Law.

Willie Penrose

Ceist:

178 Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding the work of the sales law review group since its establishment; and if she will make a statement on the matter. [3390/09]

The Sales Law Review Group has held two meetings since its establishment in late November 2008.

As the proposed EU Directive on consumer rights is currently having a first reading at the Council Working Party on Consumer Protection and Information, the Group has decided to give initial priority to the provision of its terms of reference dealing with the proposed Directive. It has already submitted material on the proposed Directive to my Department and hopes to complete a more detailed analysis of the proposed Directive and its implications for Irish consumer rights and law by April.

Employment Support Services.

Willie Penrose

Ceist:

179 Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will support the establishment of a FÁS office in Ashbourne, County Meath to serve the needs of the towns of Ashbourne, Rathoath, Dunshaughlin and Dunboyne in view of the increase in both population and unemployment in this area, and whereby currently people seeking employment advice and support in this area have to travel significant distances to Navan, Finglas or Swords for the purpose of getting such support; and if she will make a statement on the matter. [3391/09]

FÁS, through its Employment Services Office located in Finglas village, provides a comprehensive service five days a week to its clients in Ashbourne and the surrounding area. The Finglas Employment Services Office is located on the main bus route, approximately ten miles from Ashbourne.

In addition, FÁS staff from the Navan Employment Service Office also provide a satellite Employment Services clinic in Ashbourne for a half day on the first and third Wednesday of each calendar month, from 10.00 am to 1.00 pm. This particular FÁS service is located in the HSE Ashbourne Health Centre.

In light of the changing labour market within the North East Region, the FÁS Employment Services management in the North East Region is currently reviewing all Employment Services clinics with a view of providing a more dispersed regional service. This review is taking place within the context of probable budgetary resources.

Irish Language.

Ciaran Lynch

Ceist:

180 Deputy Ciarán Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment the cost to her Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if she will make a statement on the matter. [3409/09]

The cost to my Department and the Offices of my Department of implementing the provisions of the Official Languages Act 2003, in each year since its introduction, is given in the table:

Year

2003

3,737.17

2004

32,849.83

2005

98,824.41

2006

94,810.93

2007

72,137.62

2008

101,229.05

Consumer Protection.

Willie Penrose

Ceist:

181 Deputy Willie Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment the legal protections for consumers who buy products or services on layaway; and if she will make a statement on the matter. [3478/09]

Sales transactions in Ireland are essentially governed by the Sale of Goods Act 1893, the Sale of Goods and Supply of Services Act 1980 and other secondary legislation deriving from EU Directives. This statutory framework, which covers both business to business and business to consumer sales transactions, provides particular protections for consumers when purchasing goods and services, including goods and services purchased on layaway. The Deputy may be aware that I recently established an expert Group to review the current framework of sales law. I understand that the issue of goods and services purchased on layaway will be considered by the Group in the course of its work.

Disabled Drivers.

Paul Kehoe

Ceist:

182 Deputy Paul Kehoe asked the Minister for Finance his views, in view of the large number of cars on the road, on reviewing the rules for the disabled drivers and disabled passengers scheme to take into consideration a person who would have one of their arms and hands totally disabled. [3000/09]

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.

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.

Pension Provisions.

Róisín Shortall

Ceist:

183 Deputy Róisín Shortall asked the Minister for Finance the severance package, pension and so on awarded to a person (details supplied); and the extent to which performance in office is linked to the value of such payments. [3388/09]

The Chief Executive of the Regulatory Authority is appointed by the other members of that Authority and the conditions of employment are agreed between the person and the other members of the Authority. I am informed that the Chief Executive's contract did not provide for performance related payments.

The Regulatory Authority has informed me that pension benefits to the former Chief Executive are payable in accordance with the Central Bank and Financial Services Authority of Ireland Superannuation Scheme. This Scheme has terms and conditions which allow, in certain circumstances, for the payment of full pension benefits in cases where less than 40 years service is accrued.

I am informed that the former Chief Executive had two years remaining on his contract. I am also informed that, having regard to independent legal advice and his exclusive availability to the Authority for a period of three months, the Authority agreed to the payment of an additional €151,500, equivalent to six months remuneration, plus an additional two months salary, to the former Chief Executive.

Planning Issues.

Aengus Ó Snodaigh

Ceist:

184 Deputy Aengus Ó Snodaigh asked the Minister for Finance if there is a legal impediment to him imposing a bar on developers who do not comply with planning legislation or building regulations from undertaking contracts with local or central Government; and if he will make a statement on the matter. [3542/09]

Public procurement regulations provide for the exclusion from a tendering process of parties who have been convicted of offences in relation to professional conduct or who are otherwise guilty of grave professional misconduct which can be proved by a contracting authority. The operation of these provisions is a matter for contracting authorities who are best placed to apply them in a manner appropriate to the circumstances of each particular case.

Tax Code.

Richard Bruton

Ceist:

185 Deputy Richard Bruton asked the Minister for Finance his views on extending tax relief to cover the payment by employers on behalf of their employees of two commuter tickets per working day in view of the fact that such commuter ticket options are considerably cheaper than the monthly or annual unlimited travel tickets; and if he will make a statement on the matter. [3021/09]

The extension of the scheme in this way would have cost implications for the Exchequer. It would also place an additional administrative burden on the Revenue Commissioners, the transport companies concerned and, in particular, on the employers who participate in the scheme. One of the advantages of the scheme as it currently stands is that it is well controlled, easily administered and reasonably well targeted. While its operation is continuously monitored there are no plans at present to modify or extend it.

Frank Feighan

Ceist:

186 Deputy Frank Feighan asked the Minister for Finance the reason the dirt rate on annual deposits maturing on 15 January 2009 is charged at 23% when the prevailing rate from 15 January 2008 until 31 December 2008 for the greatest part of the term was 20%. [3049/09]

Deposit Interest Retention Tax is deducted at source by deposit takers (e.g. Banks, Building Societies, Credit Unions, Post Office Savings Bank, etc.) from interest paid or credited on deposits of Irish residents. The rate of tax deducted is determined by the relevant legislation in force at the time the interest is paid or credited. As such, the period over which the interest accrued is not relevant for the purposes of applying the tax.

Pension Provisions.

Michael D'Arcy

Ceist:

187 Deputy Michael D’Arcy asked the Minister for Finance if his Department has acquired responsibility for the administration of pensions in universities or if it is still at a legislative stage; when the changeover will occur; and if he will make a statement on the matter. [3059/09]

Discussions are in train with the trustees and the administrators of the five older universities and certain non-commercial semi-State bodies with a view to providing consistency and clarity for the future in terms of meeting the liabilities of the funded pension schemes. In that context, and provided all the schemes concerned agree, it is proposed that the assets of these schemes would be transferred to the State together with the liabilities which would then be effectively met by the State on a pay-as-you-go basis. The administration of the schemes would, however, remain the responsibility of the individual body. Legislation would be required to give effect to the proposal.

Crime Prevention.

John O'Mahony

Ceist:

188 Deputy John O’Mahony asked the Minister for Finance the date on which the new cutter vessel will be assigned to operating around the northwest coast; the port at which the vessel will be based; if his attention has been drawn to the fact that due to no vessels being on patrol along the northwest coast shipments of drugs can be landed along the coastline without any restriction; and if he will make a statement on the matter. [3090/09]

I am informed by the Revenue Commissioners that construction of the second Revenue cutter is proceeding and delivery is expected in September 2009.

The second cutter will enhance the operating scope of Revenue's maritime unit, currently operating the RCC Suirbhéir cutter. The deployment of both crafts will, as always, be determined by risk, as indicated by intelligence developed internally by Revenue or received from other agencies in Ireland and abroad. All areas of the Irish coast, including the North West, are regularly visited by the existing cutter, to examine and explore identified risks and to enhance relationships between Revenue and coastal communities. In addition, Revenue can call on assistance from the Naval Service, the Air Corps and the Coastguard.

Procurement of a second cutter will enable a more extensive scheme of deployment. It is expected that both cutters will spend most of their time working in locations around the coast, away from their home port of Cork. They are based in Cork because of the convenience of berthing, maintenance and dry-docking; and because the South West coast is proven to be at the highest risk of drug landings from small craft.

Tax Code.

John O'Mahony

Ceist:

189 Deputy John O’Mahony asked the Minister for Finance the safeguards in place to prevent an individual from purchasing machinery and equipment in Northern Ireland or in the United Kingdom using the VAT number of another individual’s company thus avoiding payment of VAT; if the Revenue Commissioners are aware of this practice; the number of seizures of plant and machinery in which this practice occurred in the years 2005, 2006, 2007 and 2008; and if he will make a statement on the matter. [3091/09]

I am advised by the Revenue Commissioners that traders in an EU Member State who sell goods at zero rate of VAT to traders in other EU Member States have obligations in relation to verifying the VAT numbers of the purchasers, maintaining appropriate documentary evidence that the goods have been exported and the furnishing of periodic statements in relation to such exports to their tax authority under the VAT Information Exchange System (VIES). Checking the validity of VAT numbers may be done through the EU Internet website to which they have free access. Traders leave themselves open to being held liable for the VAT on the goods if the number is invalid. Traders also have obligations in relation to justifying the application of the zero rate, that is, that the goods have left the state in question and are not simply re-sold in that state. Traders are also advised of their obligation to confirm that the purchaser of the goods is, in fact, the holder of the VAT registration number quoted at the time of supply.

In the case of cross-border transactions between the UK and this State, checking the validity of VAT registration numbers through the VIES computer "Gateway", and indeed other tax compliance information, with their counterparts in Her Majesty's Revenue & Customs in the UK, and in Northern Ireland in particular, is part of the checks carried out by Revenue officers in connection with audits and assurance checks where risk or suspicions arise. These checks are carried out using the EU VAT Mutual Assistance Programme, which has been designed specifically to tackle cross-border VAT fraud. This programme allows for exchanges of information between EU Member States in relation to VAT matters and it also allows the presence of officials from a Member State in another Member State while enquiries are being carried out. These are VAT anti-fraud measures and Ireland plays a full role in the exchange of information with all other Member EU States, including the UK, with whom we have a very good working relationship.

I am advised that Revenue does not have details of the number of cross-border VAT fraud cases specifically involving plant and machinery for the years requested. However, Revenue is currently engaged in a number of ongoing cross-border investigations involving the zero VAT rating of machinery. I can assure the Deputy that any specific allegations regarding the abuse of VAT numbers will be investigated fully.

Financial Services Regulation.

Mary Upton

Ceist:

190 Deputy Mary Upton asked the Minister for Finance if, in view of the protection of the banking system, as evidenced by the bank guarantees, recapitalisation and nationalisations, he will intervene to stop banks unfairly cutting overdraft facilities for small and medium enterprises; if his attention has been drawn to the fact that this is driving many otherwise going concerns into receivership as they do not have access to cash flows; his views on whether, in view of the blanket guarantee offered to banks, that they should be required to support businesses that have the ability to remain profitable and stimulate employment and trade; and if he will make a statement on the matter. [3128/09]

It is Government policy to support measures to ensure the flow of credit to the enterprise sector, thereby supporting small business and related employment. Through the introduction of the Bank Guarantee Scheme, the recapitalisation package and the nationalisation of Anglo Irish Bank, the Government has sought to sustain an environment where banks can continue to support economic activity through their credit policies.

The recapitalisation package for Allied Irish Bank and Bank of Ireland announced in December included a credit package. One of the requirements of the credit package is that the banks will provide at least 10% more capacity for lending to small and medium-sized enterprises (SMEs) in 2009, subject to demand.

In addition, a Code of Practice on Business Lending is in preparation and will be introduced very shortly by the Financial Regulator. This will be legally binding and will set new standards for the recapitalised banks in dealing with their SME business customers. I am advised that the new Code will cover issues such as new lending, amendment or withdrawal of credit, security/collateral, notification and communication requirements, and a complaints procedure.

My Department and the Financial Regulator will be monitoring the application of the Code and the extent of credit being provided to small businesses throughout 2009 and will be following up with the banks as required.

Tax Code.

Mary Upton

Ceist:

191 Deputy Mary Upton asked the Minister for Finance the steps he has taken to ensure that tax exiles pay tax here; if he has examined tax systems in other countries that have been successful at tackling the tax exile phenomenon; and if he will make a statement on the matter. [3129/09]

I am advised by the Revenue Commissioners that individuals who are resident in Ireland for tax purposes are taxable here on their worldwide income; and individuals who are not resident here for tax purposes pay tax here only on income arising in the State.

An individual is resident in the State if he or she spends 183 days or more (approximately six months) in Ireland during a tax year; or spends 280 days or more in Ireland over a period of two consecutive tax years. This approach to determining residence status is broadly in line with most other OECD countries and I have no plans at this stage to make further changes in this area.

As the Deputy will be aware, I have recently made a change to the so-called "midnight rule". Up until 1 January 2009, an individual was regarded as present in the State for a day, for tax residence purposes, only if he or she was present in the State at midnight on that day. Section 15 of the Finance (No. 2) Act 2008 amended the tax residence rules to provide that an individual will now be regarded as present in the State on a day if he or she is in the State at any time during the day, not just at midnight. This will apply for the 2009 tax year and subsequent tax years.

Tax Collection.

Jack Wall

Ceist:

192 Deputy Jack Wall asked the Minister for Finance if a person (details supplied) in County Kildare has received all their tax entitlements; and if he will make a statement on the matter. [3155/09]

This is a matter for the Revenue Commissioners and I have been advised by Revenue that they have arranged for a review of the tax affairs of the person concerned and will be in contact directly with the person concerned very shortly to discuss the matter.

Financial Services Regulation.

Finian McGrath

Ceist:

193 Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied). [3333/09]

It is Government policy to support measures to ensure the flow of credit to the enterprise sector, thereby supporting small business and related employment. Through the introduction of the Bank Guarantee Scheme, the recapitalisation package and the nationalisation of Anglo Irish Bank, the Government has sought to sustain an environment where banks can continue to support economic activity through their credit policies.

The recapitalisation package for Allied Irish Bank and Bank of Ireland announced in December included a credit package. One of the requirements of the credit package is that the banks will provide at least 10% more capacity for lending to small and medium-sized enterprises (SMEs) in 2009, subject to demand.

In addition, a Code of Practice on Business Lending is in preparation and will be introduced very shortly by the Financial Regulator. This will be legally binding and will set new standards for the recapitalised banks in dealing with their SME business customers. I am advised that the new Code will cover issues such as new lending, amendment or withdrawal of credit, security/collateral, notification and communication requirements, and a complaints procedure.

My Department and the Financial Regulator will be monitoring the application of the Code and the extent of credit being provided to small businesses throughout 2009 and will be following up with the banks as required.

Crime Prevention.

John O'Mahony

Ceist:

194 Deputy John O’Mahony asked the Minister for Finance the number of ships or boats which were searched for drugs and tobacco products by customs officers at all ports in County Donegal and County Sligo in the years 2006, 2007 and 2008; and if he will make a statement on the matter. [3359/09]

I am advised by the Revenue Commissioners that, in line with best practice in Customs administrations worldwide, Revenue regards the development of information and intelligence as critical to the detection of the smuggling of drugs and fiscal products. Revenue continuously assesses the risk along the Sligo and Donegal coast, including risks in relation to small ports and other landing places, which may be utilised for the illegal importation of drugs and tobacco products. The coastline is patrolled on an ongoing basis. Enforcement activity is selective and targeted and is based on analysis and evaluation of national and international seizure trends, traffic frequency, routes and other risk indicators as well as specific intelligence. Surveillance of vessels on their arrival on the Irish coast, their stay in port and their journey out of port is also an integral part of Revenue's enforcement strategy. Customs officers liaise with local Gardaí, Harbour Masters and Coastguard Officers regarding drugs and with trade interests in respect of fiscal products. The level of enforcement is under constant review to take account of available intelligence and emerging smuggling trends.

A selection of ships and boats have been targeted in the years in question, involving Customs staff assembling a profile of the vessels, undertaking covert surveillance, examining crew lists, interviewing the captains and undertaking rummage operations. However, it is not the policy of the Revenue Commissioners to publish details of such enforcement activities as this could prejudice current or future operations.

As well as land-based staff, Revenue has a sea-going vessel, the Customs Cutter, which patrols the coastline. Revenue has placed a contract for a second cutter, delivery of which is expected towards the end of 2009 and this vessel will be of further benefit in the fight against illegal drugs and other smuggling. Where necessary, Revenue can call on assistance from the Naval Service, the Air Corps and the Coastguard.

I am further advised by the Revenue Commissioners that, in recognition of the risk of landing illegal drugs or fiscal products anywhere around the coast, they are actively promoting the Customs Drugs Watch programme in all coastal areas. This Programme seeks to enlist the help of the public in combating smuggling by noting any unusual or suspicious activity and reporting it immediately to a local Customs Drugs Watch Officer.

Financial Services Regulation.

Joan Burton

Ceist:

195 Deputy Joan Burton asked the Minister for Finance the status of the Financial Legislation Advisory Forum. [3366/09]

Joan Burton

Ceist:

198 Deputy Joan Burton asked the Minister for Finance the status of the Financial Legislation Advisory Forum in view of recent developments in the financial services sector; if he plans to amend the terms of reference, focus and work of the form; and if he will make a statement on the matter. [3369/09]

I propose to take Questions Nos. 195 and 198 together.

I propose to answer question 195 and question 198 together. The Advisory Forum on Financial Legislation was formally launched on 16 January 2008, with a mandate to consolidate and in so far as was possible within the timeframe envisaged for the Forum, to modernise Irish financial services legislation. The project is included as one of the action points for the financial services sector in "Building Ireland's Smart Economy" which was launched in December 2008. While the implications of the international financial crisis clearly raise issues for the work of the Forum; the consolidation of existing financial services legislation remains an important priority.

I expect the first report of the Forum in the coming months at which time the strategy and focus of the Forum can be evaluated in the context of national and international developments.

Deposit Guarantee Scheme.

Joan Burton

Ceist:

196 Deputy Joan Burton asked the Minister for Finance the period for which bank depositors would have to wait for payment in the event that the deposit guarantee scheme was invoked arising out of the dissolution of a financial institution; and if he will make a statement on the matter. [3367/09]

Joan Burton

Ceist:

197 Deputy Joan Burton asked the Minister for Finance if the payout delay period for depositors in the deposit guarantee scheme for banks and building societies has been reduced from three months to three days in line with the proposals of the EU Commission on 15 October, 2008; and if he will make a statement on the matter. [3368/09]

I propose to take Questions Nos. 196 and 197 together.

The Deposit Guarantee Scheme in Ireland is set out in the European Communities (Deposit Guarantee Scheme) Regulations 1995 (S.I. No. 168 of 1995). Under the current legal framework, which is the same throughout the European Economic Area (EEA), the payment of compensation under the deposit guarantee scheme is to be made within 3 months from the date a bank is deemed by the Financial Regulator or a court of law not to be able to meet its obligations to its depositors. In exceptional circumstances, the period may be extended by up to 9 months if it is required.

As the Deputy states in her question, a new proposal to amend Directive 94/19/EC was published by the European Commission on 15 October 2008. While the proposal has yet to be adopted by the European Parliament, following initial consultation by the European Parliament and European Council, its main elements are: increased coverage level to a minimum of €50,000 from the entry into force date and to be set at a harmonised level of €100,000 across the Community by 31 December 2010, subject to a Commission impact assessment; expedited payment of compensation under the deposit protection scheme from the date a bank is deemed not to be able to meet its obligations to its depositors to 20 working days with a possible extension of 10 working days. The Commission must submit a report within two years of coming into force of the Directive on the effectiveness and delays of the payout procedures assessing whether further reduction to ten working days would be appropriate; and removal of the optional co-insurance provision whereby the depositor can be required to bear 10% of the loss up to the coverage limit.

The Deputy will be aware that two of the main elements in this proposal were articulated by the Government, in its decision of 20 September 2008, to increase the statutory limit for the Deposit Guarantee Scheme from €20,000 to €100,000 per depositor per institution and to disapply the 10% co-insurance requirement. Legislation to give effect to the Government decision is being finalised. My Department will also ensure that legislation to give effect to the amended Directive will be enacted as soon as practicable after its adoption.

In conclusion, the Government's objective is to ensure the long-term sustainability of the banking sector in Ireland to pre-empt any requirement that the Deposit Guarantee Scheme would have to be invoked in any circumstances.

Question No. 198 answered with Question No. 195.

Financial Services Regulation.

Joan Burton

Ceist:

199 Deputy Joan Burton asked the Minister for Finance the measures and actions he will take to examine the reasons behind the regulatory failure in the financial services sector here to determine the changes that are required; if he will give a commitment to engage a broad range of stakeholders, such as academics, consumer representatives and social partners; and if he will make a statement on the matter. [3370/09]

Any change to the regulatory framework in Ireland must have regard to EU and international developments. In relation to the EU, there are a number of proposals being developed for adoption this year, including improvements to the Capital Requirements Directive to further strengthen the existing banking prudential framework. Furthermore, the role and mandates of national regulators has been the subject of in-depth consideration by the Ecofin Council. Common reporting standards for financial institutions will enable greater EU wide consistency in supervision. An initial report on this matter is due to be submitted to the Spring European Council and any reform of our Financial Regulator's structures will be consistent with EU developments.

Arising from recent events, there are a number of reviews underway within the Financial Regulator with a view to identifying any shortcomings in the Financial Regulator's strategic regulatory approach, its structures and its capacity to respond. I await with interest the outcomes of these reviews and will be working with the Regulatory Authority to bring about improvements in our system of financial regulation. Stakeholders will have an involvement in this process through the independent statutory Consultative Panels which will be making an important input to the review process. I will bring proposals to Government if, arising from these reviews, I consider that a change in legislation is required.

As the Deputy will also appreciate, under the Credit Institutions (Financial Support) Scheme, the oversight of the banks concerned has already been greatly intensified.

Tax Yield.

Joan Burton

Ceist:

200 Deputy Joan Burton asked the Minister for Finance when he expects the report which he has requested the Revenue Commissioners to undertake into the cost of cross-Border shopping to the Exchequer to be completed and published; and if he will make a statement on the matter. [3371/09]

As the Deputy is aware, during the Committee Stage of the Finance Bill, I stated that I had asked the Revenue Commissioners and the Central Statistics Office to examine the question of the loss to the Exchequer arising from cross-border shopping. They are to report by the end of this month.

Tax Collection.

Willie Penrose

Ceist:

201 Deputy Willie Penrose asked the Minister for Finance if he will take steps to have correspondence from a person (details supplied) in County Westmeath dealt with particularly in the context of the circumstances outlined in the correspondence, and the funding in their favour, that all moneys overpaid by them by way of taxation imposed, be refunded; and if he will make a statement on the matter. [3393/09]

I am advised by the Revenue Commissioners that formal appeal proceedings taken by the named person, and Revenue's consideration of the outcome, had prevented the processing of his income tax repayments claims. These issues have recently been resolved and the processing of the claims is now underway. The Revenue Commissioners wrote to the named person on 22nd January 2009 requesting necessary documentation and other details to facilitate the calculation of any tax refunds involved. On receipt of this required information, the Revenue Commissioners will proceed to repay any overpaid tax without delay.

Irish Language.

Ciaran Lynch

Ceist:

202 Deputy Ciarán Lynch asked the Minister for Finance the cost to his Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if he will make a statement on the matter. [3411/09]

The information sought is as follows.

Costs of implementing the provisions of the Official Languages Act in the Department of Finance for the years 2003 to 2008.

Year 2003

Payment made by

Total Amount Paid

Dept. of Finance

No payments

Year 2004

Payment made by

Total Amount Paid

Dept. of Finance

€82,308.38

Year 2005

Payment made by

Total Amount Paid

Dept. of Finance

€36,209.44

Year 2006

Payment made by

Total Amount Paid

Dept. of Finance

€33,879.88

Year 2007

Payment made by

Total Amount Paid

Dept. of Finance

€35,681.61

Year 2008

Payment made by

Total Amount Paid

Dept. of Finance

€40,567.84

Total Expenditure 2003 to 2008: €228,647.15.

Pension Provisions.

Enda Kenny

Ceist:

203 Deputy Enda Kenny asked the Minister for Finance if he will provide details of the provision within the additional voluntary contribution pension scheme which allows for the spreading back of the pension for long periods to allow for dependent’s benefits; and if he will make a statement on the matter. [3427/09]

I am advised by the Revenue Commissioners that, in general, where special contributions, that is additional voluntary contributions not made on a regular basis, are made by a member of an occupational pension scheme he or she may, subject to the relevant age related and overall earnings limits,

(i) claim tax relief on the contribution in the tax year in which the contribution is made, or

(ii) where the member has unused relief for the previous tax year, claim that unused relief if the special contribution is paid and the claim for relief is made before the return filing date of 31 October (with a further short period of grace where the return is made electronically via ROS).

Where relief for the full special contribution cannot be absorbed in either the tax year in which the contribution is made, or the previous tax year as outlined above, any excess can be carried forward and claimed in subsequent tax years, again subject to the relevant limits.

Section 774 of the Taxes Consolidation Act 1997 provides for an exception to this general rule in a number of circumstances, whereby relief for special contributions may be "spread back" and allocated to earlier years, subject to the overall statutory time limit of 4 years for repayment claims.

The circumstances are: a) where the special contribution is deducted from a lump sum payable on retirement to provide for dependents' (spouses and children) benefits, b) where the special contribution is made on retirement to pay back previous refunds of contributions or benefits made to an employee from the pension scheme where the employee had previously left the pension scheme, and c) where the special contribution is made on retirement in circumstances where an employee opted, under the rules of the pension scheme, before 6 February 2003, to purchase additional years service in respect of actual service by the employee before he or she joined the pension scheme.

Tax Yield.

Róisín Shortall

Ceist:

204 Deputy Róisín Shortall asked the Minister for Finance further to the table produced in reply to Parliamentary Question No. 115 of 2 October 2008, if he will provide the figure for tax year 2006 and the provisional figure for tax year 2007. [3442/09]

I am informed by the Revenue Commissioners that based on personal income tax returns filed by non-PAYE taxpayers for the years 2006 and 2007, the estimated amount of tax foregone by allowing a deduction for interest on borrowings to be offset against rents assessable under Case V, Schedule D is set out as follows.

Year

Estimated Tax Forgone

€m

2006

594

2007 (provisional)

877

The figure given for 2006 is an upward revision of a figure provided in the reply given on 2 October last. The revision was necessitated by new historical information becoming available in the interim.

The estimates are based on assuming that tax relief was allowed at the top income tax rate of 42% for 2006 and 41% for 2007 and the figures provided could therefore be regarded as the maximum Exchequer cost in respect of those taxpayers.

Company returns of rental income are net of interest on borrowings and the figures for interest are not separately distinguished in those returns. It should be noted that any corresponding data returned by PAYE taxpayers in the income tax return form 12 is not captured in the Revenue computer system. However, any PAYE taxpayer with non-PAYE income greater than €3,174 is required to complete an income tax return form 11. This return is the source of the figures provided in this reply.

Financial Institutions Support Scheme.

Joe Costello

Ceist:

205 Deputy Joe Costello asked the Minister for Finance if, in relation to the credit institutions (financial support) scheme, he will provide a full listing of all the institutions being protected under the scheme; the date, in respect of each institution, on which it was added to the scheme; if he will provide a full listing in respect of each institution of associated Irish or foreign based subsidiaries or related branches who are or will be protected through an Irish based branch or subsidiary; the latest estimate of the total amount of deposits being protected; the estimated breakdown of the total deposit figure between deposits here and foreign deposits; and if he will make a statement on the matter. [3461/09]

Those institutions that have executed a guarantee acceptance deed and have then been designated in an order by the Minister for Finance are "covered institutions". The list of "covered institutions", including their subsidiaries is:

Covered Institution

Subsidiary

Date added to the Scheme

Allied Irish Bank plc

AIB Mortgage Bank

24 October 2008

AIB Group (UK) plc

AIB Group (UK) plc

AIB North America Inc.

Anglo Irish Bank Corporation Ltd.

Anglo Irish Bank Corporation (International) Ltd.

24 October 2008

The Governor and Company of the Bank of Ireland

Bank of Ireland

24 October 2008

Mortgage Bank

ICS Building Society

Bank of Ireland (I.O.M.) Limited

EBS Building Society

EBS Mortgage Finance

24 October 2008

4 December 2008

Irish Life and Permanent plc

Irish Permanent (I.O.M.) Limited

24 October 2008

Irish Nationwide Building Society

Irish Nationwide (I.O.M.) Limited

24 October 2008

Postbank Ireland Limited

5 November 2008

Most of the institutions joined the Scheme on 24th October 2008, with the exceptions of Postbank Ireland Ltd which was added on 5th November 2008, and EBS Mortgage Finance added on 4th December 2008.

I assume the Deputy when referring to ‘total deposits' and ‘breakdown of total deposits' means the total covered liabilities guaranteed by the Government. Under the terms of the Scheme covered liabilities include: senior unsecured debt; asset covered securities; dated subordinated debt (Lower Tier 2); along with deposits (retail, corporate, and interbank). The estimated total amount of covered liabilities under the scheme for the final quarter of 2008 (an average of the end-month liabilities for October, November and December) amounts to €376bn. The deposits covered by the Deposit Protection Scheme amounts to €90bn which means that the total amount covered by both schemes is €466bn.

The Deputy should be aware that all covered liabilities are treated equally under the terms of the Government's Bank Guarantee Scheme with no distinction made between those originating from at home or abroad.

Tax Collection.

Seán Barrett

Ceist:

206 Deputy Seán Barrett asked the Minister for Finance if special consideration in extending the four year refund limit for DIRT will be given to a person (details supplied) in County Dublin; and if he will make a statement on the matter. [3543/09]

I have been advised by the Revenue Commissioners that the person in question has not been in contact with Revenue in relation to this matter.

A person of 65 or over can claim exemption from DIRT once their total income is below the relevant annual exemption limit. The current annual exemption limits are €20,000 for a single person and €40,000 for a married couple.

Forms 54 D have issued to the taxpayer for the years 2005-2008 for completion. The person should return the forms duly completed to his local tax district. Where his total income is below the relevant exemption limits for these years, refunds will be made in respect of the DIRT.

The Finance Act 2007 introduced new arrangements that allow DIRT — free deposit accounts where the person is over 65 and his income is below the exemption limit as mentioned above. A form DE1 has also issued to the taxpayer in this regard. On completion of same, the person should forward the form to his financial institution who will arrange to pay any future deposit interest without the deduction of DIRT.

Section 865(4) Taxes Consolidation Act 1997 provides that any claim to tax relief made after 01/01/2005 must be made within four years after the end of the year of assessment to which the claim relates. There is no legal basis to extend the four year limit.

Child Care Services.

Michael Creed

Ceist:

207 Deputy Michael Creed asked the Minister for Health and Children the budget for an organisation (details supplied); if funding is provided by this organisation for county childcare committees; if so the amount of funding provided for these committees; the number of these committees in existence; the number of staff employed therein; her views on whether these facilities provide value for money; and if she will make a statement on the matter. [3162/09]

As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme (NCIP) 2006-2010.

The NCIP is delivered at local level by a network of 33 City and county Childcare Committees (CCC's) which are funded for this purpose. The overall funding provided for the 33 Committees in 2009 is €12,972,616. A total of 200 full time equivalent staff members are employed by the CCC's. All of these figures are broken down in more detail in the enclosed tables.

As the CCC's are an essential mechanism in ensuring effective delivery of the NCIP at local level, including undertaking the initial assessment of grant applications, I am satisfied that they provide value for money. In addition, I understand that the CCC's were examined as part of the Value for Money review of the Childcare Programmes which was completed in 2007.

CCC

Direct Staff

CMAO* Direct

CMAO* Indirect

Contracted Staff/ Service Agreement

Other

Total

BMW

Cavan CCC

BMW

4.0

0.25

3.0

0.25

7.5

Donegal CCC

BMW

7.0

1.00

1.00

9.0

Galway City & County CC

BMW

8.0

1.00

9.0

Laois CCCC

BMW

4.0

0.50

4.5

Leitrim CCC

BMW

5.0

0.50

1.50

7.0

Longford CCC

BMW

3.5

0.50

4.0

Louth CCC

BMW

5.0

1.0

1.00

7.0

Mayo CCC

BMW

5.0

1.00

6.0

Monaghan CCC

BMW

4.0

0.25

0.25

1.0

1.50

7.0

Offaly CCC

BMW

4.5

0.50

5.0

Roscommon CCC

BMW

4.5

1.00

5.5

Sligo CCC

BMW

4.5

1.00

2.0

1.00

8.5

Westmeath CCC

BMW

4.0

0.50

4.5

Total

63.0

2.25

6.0

7.0

6.25

84.5

S&E

Carlow CCC

S&E

3.5

0.50

4.0

Clare CCC

S&E

5.0

1.0

6.0

Cork City CC

S&E

3.0

1.00

1.0

5.0

Cork County CC

S&E

6.5

1.50

8.0

Dublin City CC

S&E

6.0

2.00

8.0

Dun Laoghaire/Rathdown CC

S&E

5

0.50

0.5

6.0

Fingal County CC

S&E

6.0

1.0

1.00

8.0

Kerry CCC

S&E

4.0

1.00

1.5

6.5

Kildare CCC

S&E

5.5

1.00

6.5

Kilkenny CCC

S&E

4.0

0.50

0.50

5.0

Limerick City CC

S&E

3.0

1.0

4.0

Limerick County CC

S&E

4.0

1.00

5.0

Meath CCC

S&E

4.0

1.00

1.50

6.5

South DublinCCC

S&E

5.5

0.50

6.0

Tipperary North CC

S&E

4.0

0.5

0.50

5.0

Tipperary South CC

S&E

3.0

1.00

4.0

Waterford City CCCC

S&E

4.0

0.50

4.5

Waterford County CC

S&E

4.0

0.50

4.5

Wexford CCC

S&E

4.0

1.0

5.0

Wicklow CCC

S&E

7.0

1.00

8.0

Total

91.0

1.50

14.5

4.0

4.50

115.5

Overall Totals

154.0

3.75

20.50

11.0

10.75

200.0

*Childminding Advisory Officer.

Mental Health Services.

Seán Barrett

Ceist:

208 Deputy Seán Barrett asked the Minister for Health and Children the reason for the delay in implementing the comprehensive recommendations for mental health service reform set out in the Vision for Change strategy published in January 2006; the progress made towards the attainment of targets set for service delivery in the area of mental health; if she will adopt an implementation plan for A Vision for Change with detailed annual targets, timeframes and human and financial resource commitments; and if she will make a statement on the matter. [2994/09]

Implementation of ‘A Vision for Change' is primarily the responsibility of the Health Service Executive. In February 2008, the HSE approved an Implementation Plan which sets out six key priorities for 2008 and 2009. These priorities which have been progressed include:

Catchment Area Definition and Clarification

Modernisation of the Mental Health Infrastructure

Community Based Mental Health Teams

Child and Adolescent Mental Health Teams

Mental Health Services for People with Intellectual Disability

Mental Health Information Systems

A draft implementation plan for 2009 and beyond has been prepared and will be finalised by the HSE following completion of the new structure currently being developed in the Health Service Executive.

In January 2008, the Office for Disability and Mental Health was established. The Office will bring a new impetus to the implementation of the Report through working in partnership with the HSE and other stakeholders.

Health Repayment Scheme.

Caoimhghín Ó Caoláin

Ceist:

209 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the status of an application made in respect of a person (details supplied) under the long-stay repayment scheme; the reason for the delay; and if she will make a statement on the matter. [3009/09]

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

Proposed Legislation.

Ciaran Lynch

Ceist:

210 Deputy Ciarán Lynch asked the Minister for Health and Children the position with regard to the fair deal legislation; when she foresees the Health Service Executive having a legislative framework to implement the scheme; the implications for the children of a dementia patient taking decisions on the patient’s behalf under the present arrangements and under the planned fair deal scheme; and if she will make a statement on the matter. [3032/09]

The Minister published the Nursing Homes Support Scheme Bill 2008 on the 9th October and introduced it at Second Stage in the Dáil in November. It is her intention to bring the legislation through the Houses of the Oireachtas as soon as possible with a view to implementing the scheme in 2009.

The scheme provides that a person may defer contributions based on their family home, or other Irish land-based assets, for the duration of their lifetime. This benefit is referred to as "Ancillary State support". The provision of Ancillary State support is subject to a Charge being placed against the asset concerned.

Those in long-term care under the current arrangements can continue with those arrangements if they so wish. Under the new arrangements set out in the Nursing Homes Support Scheme Bill, if a person wishes to avail of Ancillary State support and is of diminished mental capacity, they will require a care representative to act on their behalf unless they are already a Ward of Court or already have a registered Enduring Power of Attorney in place. A care representative is a person appointed by the Circuit Court to act on behalf of a person who is of diminished mental capacity. The care representative can act on behalf of the person in relation to (i) an application for Ancillary State support, (ii) consenting to the creation of the charge against the asset concerned and (iii) matters relating to the Nursing Homes Support Scheme generally. A care representative may not act on behalf of a person in relation to matters outside of the Nursing Homes Support Scheme.

The Nursing Homes Support Scheme Bill sets out the basis for determining mental capacity and appointing a care representative. It also stipulates the people who may act as a care representative as follows: the spouse or partner of the person, a parent of the person, a child of the person, a brother or sister of the person, a niece or nephew of the person, an aunt or uncle of the person, a registered medical practitioner or such other health practitioner (other than the proprietor of a nursing home in which the person resides or is likely to reside) as appears to the Court to be a fit and proper person to make the application.

The list operates in descending priority although a person with a greater priority may consent to an application by a person of lower priority.

Health Services.

Finian McGrath

Ceist:

211 Deputy Finian McGrath asked the Minister for Health and Children if she will support a person (details supplied) in Dublin 3. [3056/09]

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

Medicinal Products.

Frank Feighan

Ceist:

212 Deputy Frank Feighan asked the Minister for Health and Children the reason a plant (details supplied) is not available across the counter here as is the case worldwide; and her plans to create the same across the counter availability here. [3060/09]

Under the Medicinal Products (Prescription and Control of Supply) Regulations, 2003 (as amended), the plant mentioned by the Deputy is available for sale or supply only on foot of a prescription from a registered medical practitioner. I am advised by the Irish Medicines Board that interactions between the plant and a large number of commonly used medicines can lead to a potential decrease in the effectiveness of those medicines. It is therefore considered that the medicinal use and safety profile of the plant requires the intervention and supervision of a medical practitioner to ensure correct diagnosis, usage and patient care.

Health Services.

Ned O'Keeffe

Ceist:

213 Deputy Edward O’Keeffe asked the Minister for Health and Children the position regarding an application by a person (details supplied) in County Cork. [3088/09]

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

Olivia Mitchell

Ceist:

214 Deputy Olivia Mitchell asked the Minister for Health and Children if she will investigate the case of a person (details supplied) in Dublin 18; and if she will make a statement on the matter. [3116/09]

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

Hospital Services.

Jack Wall

Ceist:

215 Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Carlow will receive a hospital appointment for investigative surgery; and if she will make a statement on the matter. [3121/09]

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

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

Medical Cards.

James Reilly

Ceist:

216 Deputy James Reilly asked the Minister for Health and Children if she will issue a report on the means test for the over 70 years medical card (details supplied); and if she will make a statement on the matter. [3124/09]

Under the Health Act 2008, automatic entitlement to a medical card for persons aged 70 or over ceased on 31st December 2008, and with effect from 1st January 2009, the income thresholds for entitlement to a medical card for those aged 70 or over is €700 (gross) per week (€36,500 per year) for a single person and €1,400 (gross) per week (€73,000 per year) for a couple. Where the spouse/partner is under 70 years of age, he/she can qualify under the over 70s medical card scheme if the combined gross incomes of the applicant and dependant spouse/partner are within the income threshold limit of €1,400 (gross) per week.

Under the over 70s medical card scheme, from 1st January 2009 any savings and similar investments up to €36,000 (single)/€72,000 (couple) will be disregarded and only interest from savings or similar investments above these figures will be considered as income for means testing purposes. The remainder of savings and similar investments will be assessed on the income calculated at a notional interest rate, based on the prevailing interest rates at the time of application. The Health Service Executive's (HSE) Central Application Unit will review the notional rate (currently 3%) on a quarterly basis.

Alternatively, where an applicant wishes to have the actual interest from savings/investments considered, then the HSE will apply this approach and use the most beneficial option in favour of the applicant, subject to submission of the appropriate certificates from the relevant institutions. In the case of "longer term" investment accounts, where the interest is only applied at the end of a fixed period, if the applicant so wishes, the HSE will only take account of the interest earned on the date the investment matures.

Child Care Services.

Mary Upton

Ceist:

217 Deputy Mary Upton asked the Minister for Health and Children the reason funding for a development (details supplied) in Dublin 12 was decommitted; when an appeal on this case will be heard; and if she will make a statement on the matter. [3130/09]

The National Childcare Investment Programme (NCIP) 2006 -2010 is implemented by my Office with the assistance of Pobal, who manage the day to day operation of the programme.

Following enquiries made with Pobal, I understand that the group in question were approved capital funding under the NCIP of €1.4 million in April 2007. The applicants were then required to enter into a post-approval process so that they could proceed to signing a contract with Pobal which would allow for the draw-down of the approved funding and commencement of the construction of the project.

I understand that in May 2008, the applicants sought more time to enter into the initial stage of the post-approval process but did not specify a timeframe for the building work to commence. The applicants have since indicated that they may be in a position to sign a contract by February 2009. However, as they are already in breach of the terms of approval, their grant has been decommitted.

I understand that the Group has appealed the decommital decision and that this will be appraised in the coming weeks. Following this appeal process the applicants will be advised of the outcome.

Health Services.

Catherine Byrne

Ceist:

218 Deputy Catherine Byrne asked the Minister for Health and Children if budget 2009 cuts will affect the provision of drug and alcohol detoxification beds; and if she will make a statement on the matter. [3158/09]

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

Catherine Byrne

Ceist:

219 Deputy Catherine Byrne asked the Minister for Health and Children if budget 2009 cuts will affect the sourcing of alternatives to methadone for the treatment of heroin addiction; and if she will make a statement on the matter. [3159/09]

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

Child Care Services.

Michael Creed

Ceist:

220 Deputy Michael Creed asked the Minister for Health and Children if her Department has received a request for funding under schemes financed from proceeds of the national lottery from an organisation (details supplied) in County Cork; when a decision will be made in respect of this application; and if she will make a statement on the matter. [3163/09]

The application referred to by the Deputy was received in my Department in March 2008. Applications for the National Lottery grants far exceed resources. Funds available for 2008 were disbursed based upon an overall assessment of applications received. Accordingly, it is not possible to assist in this particular case.

The assessment of applications is informed by the fact that National Lottery Grants are discretionary ‘once off' funding. The application in question is for on-going funding to provide childcare facilities. The National Childcare Investment Programme (NCIP) provides a capital grant scheme for the development of childcare facilities, which is open to both commercial and community-based providers including voluntary groups, and the Community Childcare Subvention Scheme 2008-2010 (CCSS) which is confined to community — based providers including voluntary groups.

The Childcare facility in question receives CCSS funding under the NCIP scheme and is required to meet the rest of its operational costs from fee income like all other services supported under this scheme. Therefore, it would not be appropriate to grant National Lottery funding in this situation. To ask the Minister for Social and Family Affairs if she has satisfied herself that the level of funding her Department is providing to the Health Service Executive for the salaries of community welfare officers is sufficient to allow local officers meet the extra demand placed on them arising from the economic downturn or to allow the HSE to recruit additional officers

Suicide Incidence.

Charlie O'Connor

Ceist:

221 Deputy Charlie O’Connor asked the Minister for Health and Children if she will report on her supports to tackle suicide here; and if she will make a statement on the matter. [3179/09]

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, 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. An annual report on the measures taken by the National Office during the preceding year to prevent suicide is laid before both Houses of the Oireachtas each year.

Once-off funding of €1m has been 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.

Dáil na nÓg.

Charlie O'Connor

Ceist:

222 Deputy Charlie O’Connor asked the Minister for Health and Children if she will present a report on a meeting (details supplied); the issues raised; and if she will make a statement on the matter. [3180/09]

Dáil na nÓg Council Meeting 21st June 2008.

Dáil na nÓg is the annual national youth parliament for young people aged 12 to 18 years and is funded and overseen by the Office of the Minister for Children and Youth Affairs. Comhairle na nÓg are the responsibility of each of the 34 City and County Development Boards (CDBs). All 34 Comhairle na nÓg are funded by the Office of the Minister for Children and Youth Affairs and local agencies. The role of Comhairle na nÓg is to give children and young people a voice in local and national decision-making.

Each of the 34 Comhairle na nÓg elects one delegate to become a member of the Dáil na nÓg Council. The Council has a term of office of one year. Young councillors follow-up on recommendations from the previous session of Dáil na nÓg and try to make changes for young people in those areas. The issues discussed at Dáil na nÓg 2008 were Teen Mental Health and Education Reform. The Council meets once a month in the Office of the Minister for Children and Youth Affairs and works in two groups, one on each of the themes from Dáil na nÓg. The Council is supported in its work by the Office of the Minister for Children and Youth Affairs and the National Youth Council of Ireland. It is also assisted by 4 young Advisors who are young people from the outgoing Dáil na nÓg Council.

Barry Andrews TD, Minister for children and Youth Affairs met with the Dáil na nÓg Council on 21st June 2008. It was a very constructive meeting held in an informal manner. Members of the Mental Health and Education Reform groups briefed the Minister on the work undertaken so far. They explained what they hoped to achieve during their terms in office. Dáil na nÓg Advisory Council Members told the Minister about the work of the 2007 Dáil na nÓg Council. The Minister asked each of the young people what they would change for young people in Ireland if they could. The group also asked Minister Andrews questions about his role in the government, his plans for his term of office and how he feels about working with young people. The Minister agreed to attend a second meeting of the Council early in 2009.

Hospital Staff.

Joe Carey

Ceist:

223 Deputy Joe Carey asked the Minister for Health and Children if progress has been made in relation to the appointment of a dedicated adult consultant in respect of cystic fibrosis patients attending the Mid West Regional Hospital, Limerick; and if she will make a statement on the matter. [3186/09]

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

Health Services.

Finian McGrath

Ceist:

224 Deputy Finian McGrath asked the Minister for Health and Children if she will support a case (details supplied). [3335/09]

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

Health Service Procurement.

Joe Carey

Ceist:

225 Deputy Joe Carey asked the Minister for Health and Children the location from which the Health Service Executive west source pork, ham and bacon products; the country of origin this product comes from; and if she will make a statement on the matter. [3338/09]

The information requested is being provided by the Health Service Executive and will be forwarded to the Deputy directly.

Health Service Staff.

Joe Carey

Ceist:

226 Deputy Joe Carey asked the Minister for Health and Children when a second consultant geriatrician will be appointed in County Clare as currently the system is overstretched; and if she will make a statement on the matter. [3339/09]

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

Health Services.

Pat Breen

Ceist:

227 Deputy Pat Breen asked the Minister for Health and Children when a refund will issue to persons (details supplied). [3341/09]

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

Hospital Services.

Michael Ring

Ceist:

228 Deputy Michael Ring asked the Minister for Health and Children the reason a person (details supplied) in County Mayo appeared for surgery and was told that there was no intensive care bed available. [3342/09]

Michael Ring

Ceist:

229 Deputy Michael Ring asked the Minister for Health and Children the reason a person (details supplied) in County Mayo was prepared for surgery and then told there was no intensive care bed available. [3343/09]

Michael Ring

Ceist:

240 Deputy Michael Ring asked the Minister for Health and Children the reason a person (details supplied) in County Mayo was prepared for surgery and then told that there was no intensive care bed available. [3484/09]

I propose to take Questions Nos. 228, 229 and 240 together.

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

Jack Wall

Ceist:

230 Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare will receive an appointment for further investigation of their health problem; and if she will make a statement on the matter. [3355/09]

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

Health Repayment Scheme.

Michael McGrath

Ceist:

231 Deputy Michael McGrath asked the Minister for Health and Children the position in relation to the application for the health repayment scheme by a person (details supplied) in County Cork; and when a decision will be made on the application. [3356/09]

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

Hospital Services.

Joe Carey

Ceist:

232 Deputy Joe Carey asked the Minister for Health and Children if she will reinstate as a matter of urgency the elderly care unit at Ennis General Hospital; and if she will make a statement on the matter. [3372/09]

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

Health Service Staff.

Róisín Shortall

Ceist:

233 Deputy Róisín Shortall asked the Minister for Health and Children the details of the new arrangements for the regulation of dental technicians; the qualifications and criteria required in order to operate such a business; the steps that existing people working in this area must take in order to comply with the new regulations; the arrangement in place to facilitate such qualifications; and if she will make a statement on the matter. [3398/09]

In July 2008, I gave my consent to the establishment of a scheme for Clinical Dental Technicians submitted to me by the Dental Council. I am pleased to note that there are six Clinical Dental Technicians on the register held by the Dental Council.

The qualifications recognised by the Dental Council are set out in the scheme and include qualifications awarded by certain approved academic institutions in Ireland. The Dental Council may also recognise other qualifications which they deem to be of an equivalent standard.

Those who are currently working in this area and wish to secure registration as a Clinical Dental Technician should obtain these or other such suitable qualifications that may be recognised by the Dental Council. My Department is aware that both of the organisations representing dental technicians in Ireland are currently investigating options for education courses to enable their members to obtain registration.

Irish Language.

Ciaran Lynch

Ceist:

234 Deputy Ciarán Lynch asked the Minister for Health and Children the cost to her Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if she will make a statement on the matter. [3413/09]

My Department is fully committed to the implementation of the Official Languages Act 2003. A statutory scheme outlining plans for compliance with the provisions of the Act is currently being finalised. However my Department is already fulfilling many of the requirements of the Act.

Some of the information requested by the Deputy's question is not routinely collected by my Department. The information which is currently available in relation to translation costs and the cost of advertising in Irish is set out in the table.

Translation Costs

Advertising Costs

2004

7,165.00

605.00

2005

29,947.00

877.00

2006

21,218.00

4,262.00

2007

35,281.00

55,412.00

2008

21,424.00

4,153.00*

*Advertising costs for 2008 covers the period from January to September only.

Some expenditure by my Department on services provided through the Irish language, cannot be readily distinguished from the overall cost of the service. This would include expenditure on the publication of this Department's entries in telephone directories and official stationery which are set out in the table below for the period from 2004 to 2008.

Telephone Directory Costs

Letterhead Paper Costs

2004

42,232.00

11,220.00

2005

13,621.00

11,200.00

2006

14,114.00

5,026.00

2007

34,572.00

30,503.00

2008

57,010.00

5,216.00

As I indicated in my response to Parliamentary Question 169 of 28th January 2009, the cost for the printing of Annual Reports by my Department, by the Office of the Minister for Children and the Adoption Board amounted to €30,321 in 2008. These reports and the Department's Statement of Strategy are published in both official languages.

The provision of services through the medium of Irish also arises as part of the normal day to day work of individual sections within the Department but it is not possible to isolate the associated administrative costs from the overall costs of the Department.

Health Services.

Finian McGrath

Ceist:

235 Deputy Finian McGrath asked the Minister for Health and Children if she will support a person (details supplied). [3423/09]

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

Finian McGrath

Ceist:

236 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied). [3425/09]

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

Inter-Country Adoptions.

Michael McGrath

Ceist:

237 Deputy Michael McGrath asked the Minister for Health and Children if she will make every effort to secure a bilateral adoption agreement with Russia which meets the Hague Convention standards; her views on whether such an agreement can be put in place prior to the enactment of the Adoption Bill 2009, in order that Irish people can continue to adopt children from Russia. [3426/09]

The Adoption Bill, 2009, which will give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, was published on Friday 23rd January, 2009. 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.

My Office is currently working on drafting a bilateral agreement with Vietnam and is also examining the possibility of negotiating bilateral agreements with the Russian Federation and Ethiopia. As regards the Russian Federation, there have been informal discussions through normal diplomatic channels regarding a bilateral agreement. My Office is also undertaking preparatory work to consider the contents of such an agreement, including anticipating the likely requirements of the Russian Federation.

While every effort will be made to conclude a bilateral agreement in advance of any of the proposed changes in Irish law taking effect, it must be acknowledged that these matters will be determined to a considerable degree by the Government of the Russian Federation.

Hospital Charges.

Ciaran Lynch

Ceist:

238 Deputy Ciarán Lynch asked the Minister for Health and Children if her attention has been drawn to the fact that it is apparently the policy of accident and emergency units in Cork city to post invoices and receipts to patients and to refuse immediate payment by credit card; if she is satisfied that the cost of postage is justified in view of the fact that approximately 110,000 patients availed of these services in 2008; if alternative payment methods have been explored; and if she will make a statement on the matter. [3470/09]

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

Health Services.

Willie Penrose

Ceist:

239 Deputy Willie Penrose asked the Minister for Health and Children if she will investigate the proposals by the Health Service Executive to relocate the primary care unit situated at Springfield, Mullingar, County Westmeath to a centralised facility at Finglas, Dublin; if her attention has been drawn to the fact that this will result in the loss of 30 jobs and the consequences it will have in terms of delays and so on for the people who require services; and if she will make a statement on the matter. [3479/09]

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

Question No. 240 answered with Question No. 228.

Roads Network.

Jimmy Deenihan

Ceist:

241 Deputy Jimmy Deenihan asked the Minister for Transport when he will inform Kerry County Council of the 2009 specific improvement grants for roads; and if he will make a statement on the matter. [3038/09]

The 2009 grant allocations for regional and local roads were notified to local authorities yesterday.

Dublin Transport Authority.

Fergus O'Dowd

Ceist:

242 Deputy Fergus O’Dowd asked the Minister for Transport when he expects the Dublin Transport Authority to begin operations; when the process to appoint a chief executive began; the progress which has been achieved to date in establishing the DTA; and if he will make a statement on the matter. [2981/09]

Brian Hayes

Ceist:

251 Deputy Brian Hayes asked the Minister for Transport when the Dublin Transport Authority will be in operation; the estimated number of staff to be employed by this body; the estimated costs for it’s first full year; and if he will make a statement on the matter. [3071/09]

I propose to take Questions Nos. 242 and 251 together.

My Department is proceeding with preparations for the establishment of the Dublin Transport Authority (DTA) as soon as possible during 2009. A key part of those preparations is the recruitment of a Chief Executive Officer and the necessary recruitment process is now underway.

The Public Appointments Service initiated the recruitment process for the CEO on 23 January last and the closing date for receipt of applications is 19 February next.

My Department has had very productive discussions with the Department of Finance on the administrative budget and staff numbers for the DTA, on the basis of which it was agreed to proceed with the recruitment of the CEO. Final decisions on funding and staff numbers will be taken following consultation with the new CEO and the Authority.

Legislative Programme.

Fergus O'Dowd

Ceist:

243 Deputy Fergus O’Dowd asked the Minister for Transport if he expects to introduce legislation to establish a national transport regulator; when he expects to publish this legislation; the way a national transport regulator would affect the Dublin Transport Authority; and if he will make a statement on the matter. [2982/09]

The Agreed Programme for Government contains a commitment to examine the need for a National Transport Regulator in the context of the overall review of the economic regulatory environment. The Government Programme also contains a commitment to reform bus licensing to facilitate the optimum provision of services by providing a level playing field for all market participants.

The Government has recently approved the General Scheme of the Public Transport Regulation Bill which contains proposals for a new bus licensing regime which will replace the Road Transport Act 1932 and the provisions of the Transport Act 1958 that relate to the provision of bus services by the State bus companies. It is proposed that responsibility for bus route licensing and public transport services contracts nationwide will be assigned to the DTA under the Bill, which will also provide for the amalgamation of the Commission for Taxi Regulation into the DTA. The Bill will also provide for the renaming of the Dublin Transport Authority as the National Transport Authority given its proposed national focus in relation to commercial bus licensing, future bus and rail subvention and the regulation of small public service vehicles.

In the light of the recent Government approval of the General Scheme of the Public Transport Regulation Bill, the Bill will now be drafted and published as soon as possible.

Public Transport.

Fergus O'Dowd

Ceist:

244 Deputy Fergus O’Dowd asked the Minister for Transport if his Department has made findings in relation to complaints by private operators of unfair competition from State operators; and if he will make a statement on the matter. [2983/09]

My Department is currently investigating 3 complaints made by private bus operators to my Department in relation to alleged unfair competition by State bus companies.

One of those complaints is the subject of an independent review arising from the settlement of High Court proceedings. The remaining cases are currently the subject of correspondence between the Department and the parties involved.

Fergus O'Dowd

Ceist:

245 Deputy Fergus O’Dowd asked the Minister for Transport the contact he has had with CIÉ and Dublin Bus in the past three months regarding proposed cutbacks in public transport services; if he has expressed an opinion on these cutbacks to CIÉ; and if he will make a statement on the matter. [2984/09]

Fergus O'Dowd

Ceist:

246 Deputy Fergus O’Dowd asked the Minister for Transport the official contact he has had from Green Party politicians regarding public transport cutbacks in the past three months; and if he will make a statement on the matter. [2985/09]

I propose to take Questions Nos. 245 and 246 together.

Both my Department and I have had discussions with CIE and the CIE Companies in relation to the major challenges that they must address to restore their finances in the face of major economic difficulties which has led to declining demand for services in an increasing cost environment.

The Deloitte Report sets out a series of measures which are designed to enhance the role of the bus and, in my statement accompanying the release of the report last week, I indicated areas where the report had identified considerable scope within Dublin Bus to improve its services to customers, increase efficiencies and save money through, for example, redesigning the network, eliminating unnecessary service duplication and improving information to the customer. In the case of Bus Eireann, I identified areas where it could explore opportunities to further reduce costs and pursue new business opportunities.

The Deloitte Report is supporting the actions being taken by both companies to turn around their financial position which is not sustainable in the current environment and I have asked the companies to present to me their plans for the implementation of the recommendations in the report at an early date.

I am in regular contact with my Cabinet colleagues in the Green Party in relation to developments in public transport and the sustainability agenda.

State Bodies.

Fergus O'Dowd

Ceist:

247 Deputy Fergus O’Dowd asked the Minister for Transport further to Parliamentary Question No. 188 of 18 December 2008, the reason he will not give his full confidence to the chairman of Dublin Port Company; his views on whether Dáil Éireann is the appropriate place to seek assurances on the capacity of the chairman to manage the board of this State company and on whether the Dáil is the appropriate institution to ensure accountability of State companies; and if he will make a statement on the matter. [2986/09]

As the Deputy will be aware, the Chairman of Dublin Port Company announced his resignation from the post on 29 January.

Road Safety.

Caoimhghín Ó Caoláin

Ceist:

248 Deputy Caoimhghín Ó Caoláin asked the Minister for Transport his views on amending Regulation 3 of the Road Traffic (Licensing of Drivers) Regulations 2006 to allow a person whose name is entered on the register of the Royal College of General Practitioners to qualify as a registered medical practitioner for the purposes of Regulation 41(i)(f)(ii), in order that a Border resident’s Six County general practitioner may submit the required medical report on their behalf. [3003/09]

I have no proposals in this regard, to amend the Road Traffic (Licensing of Drivers) Regulations 2006.

I understand that a person who is registered as a medical practitioner in the UK is eligible to apply for inclusion in the register of Medical Practitioners maintained by the Medical Registration Council of Ireland. This procedure for registration also applies to Irish medical practitioners.

Light Rail Projects.

Brian Hayes

Ceist:

249 Deputy Brian Hayes asked the Minister for Transport the status of the proposed metro north infrastructural project; and if he will make a statement on the matter. [3048/09]

Good progress continues to be made on the Metro North project. The Railway Procurement Agency (RPA) has made an application to An Bord Pleanála for a Railway Order and subject to the grant of an enforceable railway order, preparatory works such as utility diversions will commence later this year. The first round of tenders for the Public Private Partnership (PPP) contract are due to be submitted at the end of February.

In accordance with the requirements of the Government decision on Transport 21, Metro North will be submitted to Government for a final decision on the project on the completion of the tender process.

Public Transport.

Finian McGrath

Ceist:

250 Deputy Finian McGrath asked the Minister for Transport if he will support a matter (details supplied). [3052/09]

It is a matter for CIÉ and Dublin Bus, within the resources available to them from fare revenue and Exchequer subvention, to maintain as high a level of service as possible. Decisions in regard to service rationalisations necessary to restore balance in the companies finances are matters for the companies. The Cost and Efficiency Review of Dublin Bus and Bus Eireann which I published on 26 January will assist both companies in this work. The Report sets out a series of measures which are designed to enhance the role of the bus. In my statement accompanying the release of the report last week I indicated areas where the report had identified considerable scope, principally within Dublin Bus, to improve its services to customers, increase efficiencies and save money through, for example, redesigning the network, eliminating unnecessary service duplication and improving information to the customer.

Question No. 251 answered with Question No. 242.

Air Services.

Denis Naughten

Ceist:

252 Deputy Denis Naughten asked the Minister for Transport his policy on the disposal of its share in Aer Lingus; and if he will make a statement on the matter. [3191/09]

The Government's aviation strategy is to facilitate the development of as wide a range as possible of competitive, safe and reliable air services for the benefit of business and tourism. In this context, at the time of the Aer Lingus IPO, the State retained a 25% shareholding in Aer Lingus to protect our strategic interests in a number of ways. Firstly, having a shareholding at this level acts as a block against a hostile takeover. The value of the State's shareholding in this regard has already been demonstrated and has ensured that the aviation market in Ireland will continue to be served by at least two strong competing airlines thus ensuring consumer choice and competition.

Secondly, the shareholding also ensures that the Memorandum and Articles of Association of the Company cannot be changed without the approval of the State. This, in turn, means that the safeguard measures relating to a disposal of Heathrow slots cannot be changed by other shareholders. Also the provision whereby the State can appoint three directors to the Board cannot be changed by other shareholders.

The Government will continue to exercise its shareholder role in Aer Lingus with a view to protecting Ireland's strategic interests.

EU Directives.

John O'Mahony

Ceist:

253 Deputy John O’Mahony asked the Minister for Transport when he will begin proceedings to transpose European Union Directive 2008/96/EC on Road Safety Infrastructure Management; if he will extend the scope of the proposal to all roads not just the TERN system; if a new independent body will be created to carry out the tasks laid down in the directive or if an existing body will be given the tasks; and if he will make a statement on the matter. [3364/09]

The deadline for the transposition of this Directive is the end of 2010. My Department will begin work on transposing the Directive this year. My Department has worked closely with the National Roads Authority in ensuring Ireland's position was fully represented during the negotiation stage.

I am assured by the NRA that they already have an independently audited road infrastructure safety management system in place which applies to all national roads and which will comply with the Directive once it has been transposed. This system is already in place and is implemented at the design stage of all major road development or improvement projects.

Irish Language.

Ciaran Lynch

Ceist:

254 Deputy Ciarán Lynch asked the Minister for Transport the cost to his Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if he will make a statement on the matter. [3417/09]

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

Visa Applications.

Brendan Howlin

Ceist:

255 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform the status of an application for a visitor visa in respect of a person (details supplied) in County Wexford; and if he will make a statement on the matter. [2975/09]

Based on the visa reference number provided, my Department has no record of a current visa application for the person in question.

Temporary Release of Prisoners.

Seán Barrett

Ceist:

256 Deputy Seán Barrett asked the Minister for Justice, Equality and Law Reform the basis on which temporary Christmas releases from prison are granted; the conditions attaching to such releases; the action taken against prisoners persistently re-offending while on temporary release; and if he will make a statement on the matter. [2993/09]

I wish to inform the Deputy that 107 prisoners were granted varying periods of temporary release at Christmas 2008 under the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003. This figure represents approximately 2% of the prisoner population at that time and was a significant reduction on Christmas 2007 figures of 138 prisoners.

The periods of release that these prisoners were granted varied from a few hours up to 7 nights. The prisoners released were nearing the end of their sentences and the overriding concern when considering the applications was the safety of the public. In addition to compassionate and humane considerations, the nature and gravity of the offence, length of sentence served to date, prior record on temporary release, behaviour while in custody and previous criminal history were also considered.

Temporary release arrangements operate similarly to a system of parole, which is a feature of prison systems worldwide. They are an important vehicle for re-integrating an offender into the community in a planned way. The generally accepted view is that the risk to the community is reduced by planned re-integration of offenders compared with their return to the community on the completion of their full sentence. Each case is examined on its own merits and the safety of the public is paramount when decisions are made.

All releases are subject to stringent conditions which may include, for example, to reside at a particular address, to return to the prison at a set time, that a family member or responsible person collect and return the prisoner. In the vast majority of cases there would be a requirement to report on a regular basis to the offender's Garda Station and in that regard the Garda authorities regularly circulate details of persons who have recently been released from custody. Any offender who breaches his or her temporary release conditions may be arrested and returned to prison immediately by the Gardaí.

Legal Aid Service.

Enda Kenny

Ceist:

257 Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform the 2008 and 2009 estimate for payments to lawyers under the legal aid service; the respective rates for these payments in 2008 and 2009; and if he will make a statement on the matter. [3061/09]

I am assuming that the Deputy is referring to the payments made to lawyers under the Criminal Legal Aid Scheme, which is administered by my Department. The details are as follows:

Actual expenditure for 2008: €55.3 million

Provisional estimated expenditure for 2009: €45 million

As regards the rates, the fees paid to solicitors and counsel in the Circuit and Higher Courts in respect of indictable offences are determined by the level of fees (set by the Director of Public Prosecutions) payable to prosecution counsel through parity arrangements which are provided for by Regulations made under the Criminal Justice (Legal Aid) Act 1962.

The rates of fees payable to solicitors for attendance in the District Court and for appeals to the Circuit Court; to solicitors and counsel in respect of essential visits to prisons and other custodial centres (other than Garda Stations) and for certain bail applications are set out in the Criminal Justice (Legal Aid) (Amendment) Regulations 2007 (S. I. No. 41 of 2007) and the Criminal Justice (Legal Aid) (Amendment) Regulations 2009 (S. I. No. 15 of 2009) which came into effect on 1 February, 2009 and reduced the rates by 2.5%.

In addition, there are a range of fees payable to solicitors under the Garda Station Advice Scheme.

Tribunals of Inquiry.

Enda Kenny

Ceist:

258 Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform the 2008 and 2009 estimate for payments from the operation of the various tribunals, including the payment for third party costs; and if he will make a statement on the matter. [3062/09]

The information sought by the Deputy in respect of the cost of the following tribunals in 2008 was €11.8 million.

The Morris Tribunal: €9.6 million

The Barr Tribunal: €0.7 million

The Smithwick Tribunal: €1.5 million

A further €1.3 million was also spent in 2008 on the Rossiter Tribunal of Inquiry.

Of the above, all but the Smithwick Tribunal have concluded their work and submitted their final reports which have been published.

It is not possible to forecast with a reasonable degree of accuracy the likely costs in 2009 in respect of tribunals.

Traffic Fines.

Enda Kenny

Ceist:

259 Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform the amount of uncollected fines imposed by the courts and the Garda Síochána, to include driving related offences for 2006, 2007 and 2008; and if he will make a statement on the matter. [3063/09]

Statistics of the kind sought by the Deputy are not readily available, particularly taking into account that there is inevitably a time lapse between a fine being imposed and its collection.

Garda Remuneration.

Enda Kenny

Ceist:

260 Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform the overtime budget spent for the Garda Síochána and the Prison Service for each year since 2004; and if he will make a statement on the matter. [3064/09]

The information requested by the Deputy is set out in the following tables.

Overtime Expenditure in An Garda Síochána

Year

Expenditure

€ million

2004

63.1

2005

79.5

2006

105

2007

138.4

2008

115.3

The figures shown above include overtime for both Garda Members and for civilian staff.

Overtime Expenditure in the Irish Prison Service

Year

Expenditure

€ million

2004

45.5

2005

46

2006

6.2*

2007

0.06*

2008

0.07*

*In August 2005 agreement was reached between the Irish Prison Service and the Prison Officers' Association on the Proposal for Organisational Change in the Irish Prison Service. A key element of the agreement was the elimination of overtime working and its replacement with an Additional Hours System. The introduction of the Additional Hours System has led to a decrease in overtime expenditure since 2005.

Departmental Expenditure.

Enda Kenny

Ceist:

261 Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform the additional cost to employ a garda to do work which did not require garda skills and could be done by a civilian in both 2007 and 2008; the increased cost since the 2001 benchmark was set (details supplied); and if he will make a statement on the matter. [3065/09]

There has been a major expansion in the number of civilians in An Garda Síochána since the civilianisation study referred to by the Deputy was carried out in 2001. The study recommended that an additional 556 posts were suitable for Civilianisation and that these would be filled over a period of 21 years to allow for continuity of skills, particularly in technical areas. On 31st March, 2001 there were 959 civilians serving in the Garda Síochána. As of 31st December, 2008, this figure has expanded to a total of 2,099 full time equivalents which is over double the recommended increase in the 2001 study. The ratio of civilian staff to Garda strength has also increased from approximately 1 in 13 in 2001 to 1 in 6.8 at the end of last year. This has been achieved over a much shorter timeframe than that envisaged in the 2001 study.

Civilian staff carry out a wide range of functions both administrative and technical and are recruited to senior management and executive grades as well as at clerical level. It is important to note that civilianisation does not necessarily imply the direct replacement of Gardaí with civilians, but that it can take a number of forms. Firstly, there is the replacement of sworn members, who are engaged in exclusively clerical, administrative or technical duties, with civilian staff. Secondly, there is the use of civilian support which allows sworn members who would otherwise have to perform some administrative duties to focus exclusively on front-line policing duties. Thirdly, there is the recruitment of civilians to perform new or expanded administrative, managerial and professional support roles in An Garda Síochána.

On this account, and because of the significant restructuring of roles, functions and business areas that has taken place at all levels of An Garda Síochána since 2001, it is very difficult to quantify the exact number and associated costs of posts which were occupied by sworn members in 2007 and 2008 and which could be occupied by civilians. Furthermore, such an exercise would not reflect the full extent and impact of the Garda Síochána civilianisation programme to date.

Garda Deployment.

Brian Hayes

Ceist:

262 Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform the number of gardaí allocated to community policing duties by Dublin policing district at the end of December 2008; and if he will make a statement on the matter. [3069/09]

I am informed by the Garda authorities that the number of Gardaí assigned to community policing duties in each Dublin District, as at the 31 December 2008 was as set out in the following table.

It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account. The situation will be kept under review and when additional personnel next become available the allocation of Gardaí to the Community Policing Units referred to by the Deputy will be fully considered by the Commissioner within the overall context of policing requirements throughout the country.

Division

District

Community Police

DMR East

Blackrock

14

Dún Laoghaire

27

DMR North

Balbriggan

6

Coolock

23

Raheny

16

Santry

20

DMR North Central

Bridewell

19

Fitzgibbon Street

26

Store Street

28

DMR South

Crumlin

12

Rathmines

8

Tallaght

34

DMR South Central

Donnybrook

8

Kevin Street

44

Pearse Street

23

DMR West

Blanchardstown

46

Clondalkin

21

Lucan

21

Total

396

Citizenship Applications.

Aengus Ó Snodaigh

Ceist:

263 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if applications for naturalisation are being unnecessarily delayed due to backlogs at the Garda Síochána; the average length of time it takes for a report on the applicant to be received once it has been requested from the Garda Síochána; the measures he will introduce to deal with these delays; and if he will make a statement on the matter. [3074/09]

The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. One such condition is that the applicant must be of good character. This is established mainly by carrying out enquiries with An Garda Síochána and is an important stage in the processing of all applications for naturalisation.

At present, 70% of all enquiries are receiving a response within 5 weeks, however, at certain peak periods each year this response time may not be possible. In very complex cases this process can take a lengthy time to complete and in a minority of cases this may take more than a year. This does not constitute an unnecessary delay in these complicated cases.

Officials from the Citizenship Division and An Garda Síochána are working together to ensure that any delays are minimised. However, there is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Deportation Orders.

Bernard J. Durkan

Ceist:

264 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will rescind the decision to deport in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [3075/09]

I refer the Deputy to the Reply given to his Parliamentary Question No. 164 on Tuesday 14 October 2008. The status of the persons concerned remains as set out in that Reply.

The persons concerned have continued to meet their presentation requirements with the Gardaí. The first named person is due to present himself again at Anglesea Street Garda Station, County Cork on Monday 9 February 2009. The second named person is due to present herself again at the Garda National Immigration Bureau (GNIB) on Tuesday 10 March 2009.

The enforcement of the Deportation Orders remains an operational matter for the GNIB.

Visa Applications.

Bernard J. Durkan

Ceist:

265 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for family reunification in the case of a person (details supplied) in Dublin 8; if a visa will issue before their spouse’s passport expires; and if he will make a statement on the matter. [3077/09]

I refer the Deputy to my answer to his previous Parliamentary Question.

I am informed by the Immigration Division of my Department that the person in question made an application for Family Reunification on behalf of his wife in June 2008.

This application has been forwarded to the Refugee Applications Commissioner for investigation as required under section 18 of the Refugee Act 1996. The Commissioner will prepare and forward in due course a report to my Department.

Upon receipt of the report the application will be considered and a decision will issue in due course.

At present, applications are taking approximately twenty-four months to process.

Departmental Offices.

Róisín Shortall

Ceist:

266 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the reason the repatriation section of the immigration service is only contactable by post; the logic behind such an arrangement; and if his Department will implement a proper procedure to deal with general queries and complaints relating to delays. [3100/09]

By way of background, I would like to clarify the primary functions carried out by the Repatriation Division of the Irish Naturalisation and Immigration Service which are:

(i) to consider and make decisions on applications for leave to remain in the State submitted by failed asylum seekers or persons who have become otherwise illegally present in the State,

(ii) to consider and make decisions on applications for Subsidiary Protection in the State submitted by failed asylum seekers,

(iii) to make practical arrangements for the deportation of persons issued with a Deportation Order,

(iv) to make practical arrangements for the transfer to another State of persons issued with a Dublin II Regulation Transfer Order,

(v) to assist in the voluntary return to their countries of origin of failed asylum seekers or other non-EEA national persons who wish to avail of this option,

(vi) to consider and make decisions on applications for renewal of leave to remain in the State submitted by persons already granted such status,

(vii) to consider and make decisions on applications for the revocation of an existing Deportation Order,

(viii) to respond, on behalf of the Minister, to legal challenges to any of the Division's decisions and

(ix) to carry out all administrative support functions arising from the Division's areas of responsibility.

The Deputy will note from the above that the great majority of the Division's work is paper based and, as such, the Division's transactions and decisions are carried out in written form. The Deputy will also appreciate the importance of all such business being carried out in a manner which respects customer confidentiality, a position that cannot be assured were important matters to be conducted through the medium of telephone communications. However, that said, it is not true to say that the Repatriation Division of the Irish Naturalisation and Immigration Service is only contactable by post. That Division can be contacted by telephone in the context of general repatriation related queries and in the context of customer specific queries where the bona fides of the person making a telephone enquiry are not in doubt. However where doubts exist, any person making a customer specific telephone enquiry is, not unreasonably, asked to convey such an enquiry in writing to include a notification of the written consent of the person who is the subject of the enquiry, to ensure that customer confidentiality is protected at all times.

The Deputy might also wish to note that all relevant general information relating to the work of the Irish Naturalisation and Immigration Service, including the Repatriation Division, is available on the Service's Website i.e. www.inis.gov.ie. Additionally, the Irish Naturalisation and Immigration Service has a telephone helpline in place to respond to general queries relating to the Service's functions.

In relation to the possible establishment of a procedure to deal with general queries and complaints relating to delays, the Deputy should note that my Department already responds to a substantial number of written enquiries on a daily basis from individual applicants, from applicants' legal representatives, from NGOs acting on behalf of applicants and from parliamentarians, both through the medium of responses to written representations and Parliamentary Questions.

Asylum Applications.

Róisín Shortall

Ceist:

267 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application by a person (details supplied) in County Dublin; and if in view of the delay already experienced he will expedite the decision. [3101/09]

Following the rejection of his asylum application, the person concerned was, on 9 July 2001, granted temporary Leave to Remain in the State under the provisions of Section 3 of the Immigration Act, 1999 (as amended) for a one year period, to 9 July 2002. This permission was subsequently renewed for a further one year period, to 15 July 2003.

On 8 July 2003, the person concerned was issued with a Stamp 4 by the Garda National Immigration Bureau, valid to 11 May 2008, on the basis of his marriage to an Irish National. By letter dated 12 May 2008, the person concerned applied to renew his permission to remain in the State. In this letter, the person concerned indicated that his domestic circumstances had changed and, as such, he was no longer in a position to apply for renewal of his permission to remain on the basis of his marriage to an Irish citizen.

The application of the person concerned for renewal of his permission to remain in the State is under consideration at present. When consideration of this application is completed, the person concerned will be notified in writing of the outcome.

Legislative Programme.

Leo Varadkar

Ceist:

268 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if he will make amendments to the law regarding incest offences committed by women; and if he will make a statement on the matter. [3103/09]

I am currently reviewing the criminal law governing sexual offences for the purpose of providing greater protection to children and other vulnerable persons against sexual exploitation and abuse. If in the course of this review the need for reform of the incest laws is identified, I will bring proposals to Government for approval to amend those laws accordingly.

Residency Permits.

Bobby Aylward

Ceist:

269 Deputy Bobby Aylward asked the Minister for Justice, Equality and Law Reform the progress made to date on the application for long term residency by a person (details supplied) in County Kilkenny. [3104/09]

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

The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long term residency. This particular long term permission does not grant an exemption from employment permit requirements to any such dependants.

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

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

An application for long term residency from the person referred to by the Deputy was received in March 2007. I am informed by my officials that this application is in the latter stages of processing. As soon as a decision is made in his case, the person concerned will be notified.

Citizenship Applications.

Richard Bruton

Ceist:

270 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if he will confine the higher €950 charge for naturalisation certificates only to persons whose application was lodged after the date when the increased charges were made. [3115/09]

The Irish Nationality and Citizenship (Fees) Regulations, 2008, sets out the prescribed fees payable by applicants on the issue of a certificate of naturalisation since 1 August, 2008. The fees are as follows:

(a) where an application is made on behalf of a minor, a fee of €200.00

(b) where an application is made by a spouse of a naturalised Irish citizen, a fee of €950.00

(c) where an application is made by a widow or widower of an Irish citizen, a fee of €200.00

(d) in the case of all other applications, a fee of €950.00

(e) the fee payable under (a), (b), (c), or (d) shall be nil, if the application for the certificate concerned was made by or on behalf of a refugee or stateless person or by or on behalf of a programme refugee.

The increases in fees were in line with inflation for the period 1993 to 2008. While the fees are designed to reflect the effort and cost involved in processing the different categories of applicant, the certification fees do not recoup the full cost of processing in any category.

Because this is a certification fee, it is the date of issue rather than the date of application that must be taken into account. Certificates of naturalisation can only be issued on payment of the prescribed fee at the time of certification.

Refugee Status.

Joe Costello

Ceist:

271 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if family members who have come here under family reunification have the same entitlements as the family member who has been granted residency; and if he will make a statement on the matter. [3117/09]

I am informed by the Immigration Division of my Department that in accordance with the provisions of Section 18 of the Refugee Act, 1996, family members of a refugee who are granted permission to reside in the State following a successful application for family reunification are entitled to the rights and privileges specified in Section 3 of the same Act. These include the entitlement to seek and enter employment, to carry on any business, trade or profession and to have access to medical services and social welfare benefits.

Legislative Programme.

Terence Flanagan

Ceist:

272 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform if he will respond to a query (details supplied); and if he will make a statement on the matter. [3141/09]

The Property Services (Regulation) Bill, to be published in the very near future, will establish the Property Services Regulatory Authority on a statutory footing. The Authority will operate a licensing system for property services providers, including auctioneers, estate agents and property management agents. It will also investigate complaints concerning the provision of property services by licensees, including services provided by management agents for property management companies. It is therefore an important element of the Government's overall strategy in relation to multi-unit developments.

The necessary work to respond in full to recommendations in the Law Reform Commission's Report on Multi Unit Developments, including property management companies, involves a number of Departments. In so far as my Department is concerned, I am determined to progress the necessary legislation as soon as possible. Following those discussions the Government has decided that apart from a number of discreet provisions relating to planning and regulatory issues more appropriately dealt with in the forthcoming Planning & Development Amendment Bill and the Property Regulatory Authority Bill respectively, the matter will be dealt with in a single Bill.

Citizenship Applications.

Niall Collins

Ceist:

273 Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform the status regarding an application by a person (details supplied) in County Limerick; and if he will make a statement on the matter. [3154/09]

I am pleased to inform the Deputy that I have approved the application of the person in question and a certificate of naturalisation has been issued to the individual on 10 December 2008.

I am also advised by officials in the Long Term Residency Section of my Department that a decision was made in the case of the person referred to by the Deputy on the 1st May 2008 and the person concerned was notified by post on that date.

Garda Deployment.

Catherine Byrne

Ceist:

274 Deputy Catherine Byrne asked the Minister for Justice, Equality and Law Reform the number of gardaí employed in the national drugs squad when it was first set up in 1996; the number of gardaí currently employed in the national drugs squad; and if he will make a statement on the matter. [3160/09]

I have been informed by the Garda authorities that the personnel strength of the Garda National Drugs Unit as of 30 January 2009 was 60 Gardaí (all ranks). The personnel strength of the Garda National Drugs Unit as of 31 December 1996 was 49 Gardaí (all ranks).

In addition to the National Unit, each Garda Division has a dedicated Drugs Unit with some 379 Gardaí currently deployed on drug investigations at local level. The Garda National Drugs Unit liaises with all local Drug Units to ensure that drug law enforcement policy is delivered in a clear and structured manner.

A dedicated unit within the Garda National Drugs Unit has also been established to liaise with the Criminal Assets Bureau to particularly target those criminals and criminal groupings believed to be deriving profits and assets from drug-related criminal activity.

Internationally the National Unit works in close co-operation with other agencies and jurisdictions in relation to drug issues. Garda Liaison Officers based in London, The Hague, Madrid, Europol and Interpol provide specific assistance to the National Unit in relation to international aspects of operations which target drug traffickers.

Ireland is also a full member of the MAOC(N) group based in Lisbon, which is an international intelligence led operation against drug trafficking at sea. The targeting of international traffickers is supplemented by a vigorous policy against persons in the Irish State who are supplying controlled drugs.

Senior Garda management is satisfied that, in addition to the considerable ongoing volumes of drugs being seized, significant impact continues to be made by arresting and prosecuting a number of major players suspected of being involved in drug-trafficking through the importation, sale and distribution of drugs. A significant number of crime gangs involved in this type of criminal activity have been disrupted and dismantled.

There is no complacency with regard to this matter. This work is ongoing and Garda operations and strategies to tackle drug supply are reviewed on an continual basis to ensure their effectiveness.

Asylum Applications.

Aengus Ó Snodaigh

Ceist:

275 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the status of an appeal by a person (details supplied) in County Limerick against the suspension of their basic allowance of €19.10 since June 2008; and the status of their refugee application. [3176/09]

The immigration status of the person concerned is as follows.

The person concerned applied for asylum on 2 September 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 31 May 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.

In relation to the suspension of the weekly Direct Provision payment to the person concerned, I have been advised by my officials that this arose after the person concerned was found to be engaged in paid employment, using a false identity, while claiming the Direct Provision payment. As such payments are administered by the Department of Social and Family Affairs, the Deputy may wish to raise the matter directly with that Department.

Garda Investigation.

Charlie O'Connor

Ceist:

276 Deputy Charlie O’Connor asked the Minister for Justice, Equality and Law Reform if there has been progress in the investigation into the murder of a person (details supplied) which has been raised at meetings of the British-Irish parliamentary assembly; and if he will make a statement on the matter. [3182/09]

The investigation into the killing of the individual in question remains active and ongoing. An Garda Síochána is leading the investigation, which has a significant cross-border element. Liaison with the Police Service of Northern Ireland was established at the outset of this investigation, and the Gardaí continue to receive comprehensive assistance from the PSNI. To date sixteen individuals have been arrested in connection with this investigation; seven of these in this jurisdiction, and nine in Northern Ireland. As I have stated in previous replies, I can assure the Deputy that everything will continue to be done to apprehend those responsible for this brutal crime.

Departmental Staff.

Joan Burton

Ceist:

277 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform the number of staff in his Department, including whole-time equivalent numbers from clerical officer grade to assistant secretary at October 2008. [3346/09]

I would refer the Deputy to my reply to Questions Nos. 326 to 328 on 17 December 2008, in which I provided detailed information in relation to the staffing of my Department.

Joan Burton

Ceist:

278 Deputy Joan Burton asked the Minister for Justice, Equality and Law Reform the number of staff the Courts Service employ including whole-time equivalent numbers from clerical officer grade to assistant secretary at October 2008. [3347/09]

While the Courts Service is not staffed by my Department, I am advised that there were 1,051 employees (942 whole-time equivalent staff) in the Courts Service, in the grades of Clerical Officer up to Assistant Secretary, at the end of October 2008.

Irish Language.

Ciaran Lynch

Ceist:

279 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform the cost to his Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if he will make a statement on the matter. [3414/09]

The costs of providing services through Irish are met from my Department's Administrative Budget and cannot readily be distinguished from the cost of providing services generally. Accordingly the information sought by the Deputy could not be compiled without the application of a disproportionate amount of staff time and resources.

Garda Training.

Michael McGrath

Ceist:

280 Deputy Michael McGrath asked the Minister for Justice, Equality and Law Reform the opening hours of the gymnasium facilities at the Garda College, Templemore, County Tipperary; his views on whether these hours are adequate; and if there are plans to extend these hours. [3469/09]

I have been informed by the Garda Commissioner that the gymnasium facilities at the Garda College are open for the full duration of training hours, i.e. 9am to 5pm, and are fully staffed and accessible to all. Student Gardaí are timetabled for classes during these hours.

In addition, the gymnasium is open outside of training hours between 5pm and 8pm from Monday to Thursday. On Tuesdays and Thursdays, specialised gymnasium training is conducted between 6pm and 9pm.

Senior Management at the Garda College are satisfied that these hours are adequate to meet the training needs and there are currently no plans to extend them.

Citizenship Applications.

Phil Hogan

Ceist:

281 Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform if an application for naturalisation has been decided on in respect of a person (details supplied); and if he will make a statement on the matter. [3472/09]

I refer the Deputy to my reply to Parliamentary Question 353 on 25 November, 2008. The position remains as stated.

Diplomatic Representation.

Caoimhghín Ó Caoláin

Ceist:

282 Deputy Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs the contact his Department had with the family of a person (details supplied) in County Donegal who was taken seriously ill and subsequently died in Turkey on 12 January 2009; the way his Department responded to requests by their family for assistance, specifically their request for a translator with medical knowledge; the reason neither the ambassador nor a representative met with the family when they were in Turkey; and if his Department will assist with the €29,000 cost to the family of bringing the person’s body home. [2973/09]

At the outset, I would like to take this opportunity to express my deepest sympathy to the family of the person mentioned by the Deputy.

I can assure the Deputy that our Embassy in Ankara and the Consular Division in Dublin provided extensive consular assistance to the family involved. Embassy staff were available at all times to support the family concerned by telephone from their arrival in Turkey. They remained in contact with and spoke regularly to the family for the duration of their stay. They also spoke regularly on behalf of the family to the doctors treating the woman.

I am assured that at no point did the family express to the Embassy any dissatisfaction about the assistance that they were providing. At no point did the family request the Embassy to send a representative to Alanya.

My Department was contacted by the mother of the woman concerned after she was taken seriously ill while on holiday in Turkey. The woman was taken to Alanya State Hospital on 7 January 2009. On arrival of family members in Alanya on the evening of 8 January, contact was made with the Embassy. The Embassy offered to assist with interpretation. However, this was declined as the Embassy was informed that the family were making local arrangements.

Late on Friday evening, 9 January, the Embassy was informed that the family were not satisfied with the service being provided by the interpreter they had engaged themselves. However, when the Embassy reverted to the family, they were informed that a decision was taken to bring the woman home by air ambulance and the issue of an interpreter was no longer relevant.

The Embassy, on behalf of the family, initiated contact with the air ambulance company (Antalya Assistance) to discuss the possibility of flying the woman home. The family were fully informed of the cost of the flight in advance of their return home and the medical implications. The woman was flown home on 11 January and, sadly, subsequently died in Ireland.

My Department has been in direct contact with the family concerned in relation to the financial costs involved. I am pleased to let you know that, as an exceptional measure, I have approved a grant towards those costs. I can assure the Deputy again that all possible assistance will continue to be provided to the family concerned.

Visa Applications.

Joe McHugh

Ceist:

283 Deputy Joe McHugh asked the Minister for Foreign Affairs the number of applications for American, Australian and Canadian visas his Department has received from citizens in County Donegal since 1 January 2008; and if he will make a statement on the matter. [2977/09]

The Department of Foreign Affairs does not receive visa application requests from Irish citizens wishing to travel to America, Australia or Canada. Applications are made directly to the immigration authorities of the three countries concerned.

Human Rights Issues.

Michael D. Higgins

Ceist:

284 Deputy Michael D. Higgins asked the Minister for Foreign Affairs the requests he has made with regard to the release of persons (details supplied); and if he will make a statement on the matter. [3023/09]

I am gravely concerned by the case of Ms. Jestina Mukoko and her two colleagues, who were abducted from their homes in early December, and whose whereabouts remained unknown for some weeks until they were located in police custody on Christmas Eve. Those abducted remain in custody, and I am very disturbed by allegations that they have been tortured. Furthermore, the refusal of prison authorities to allow Ms. Mukoko full access to medical treatment outside of prison — despite a Supreme Court order — is deeply troubling. The allegations made against Ms. Mukoko and her colleagues in an attempt to justify their detention — a plan to bomb Harare's central police station and a "plot" to violently topple Mr. Mugabe through the training of militants in Botswana — are not credible, and they should be released immediately.

The Embassy of Ireland in Pretoria, which is accredited to Zimbabwe, has formally communicated to the Zimbabwean Ministry of Foreign Affairs the deep concern of the Government in relation to the disappearance of Ms. Mukoko, and urged the Zimbabwean Government to do everything possible to ensure her safety. As recently as last week, the Embassy contacted the Zimbabwean Foreign Ministry to note our continued concerns about this case.

Ireland has also worked with our European Union partners to press for the release of Ms. Mukoko and her colleagues. On 8 December last, EU Ambassadors in Harare conveyed their strong concern about Ms. Mukoko's case to the Zimbabwean authorities, who at that stage denied any state involvement in her disappearance. The European Council of 11 and 12 December issued a declaration demanding the immediate release of people held incommunicado in Zimbabwe, specifically including Ms. Mukoko. Building on this declaration, at the meeting of the General Affairs and External Relations Council which I attended last week, EU Foreign Ministers expressly condemned the abduction and detention of those exercising a democratic right to express opposition to the regime and of those defending human rights in Zimbabwe.

Ireland will continue to work to ensure that this issue remains high on the EU agenda, and that the authorities in Zimbabwe are aware of our strong views on this matter.

Foreign Conflicts.

Jim O'Keeffe

Ceist:

285 Deputy Jim O’Keeffe asked the Minister for Foreign Affairs his views on the aerial bombing, shelling and killing of Tamil civilians in Sri Lanka; the steps he will take of a humanitarian nature through the EU and the UN to encourage a political solution to the problems in Sri Lanka. [3166/09]

As I stated in reply to a Parliamentary Question on 27 January, I am deeply concerned by the escalation in fighting which has taken place in recent months in the northern part of Sri Lanka and by the terrible effects it is having on the local population.

The International Committee of the Red Cross (ICRC) has confirmed that, following intensified fighting between the Sri Lankan security forces and the Liberation Tigers of Tamil Eelam (LTTE), hundreds of people have been killed and scores of wounded are overwhelming under-staffed and ill-equipped medical facilities in Sri Lanka's northern Vanni region.

The overall humanitarian situation remains critical. An estimated 250,000 people are trapped in a 250 square-kilometre area which has been the site of intense fighting and has come under intensive aerial bombardment by the Sri Lankan military. They have no safe area in which to take shelter and are unable to flee. There also seems to be evidence to suggest that even seriously injured civilians, including women and children, are being blocked by the LTTE from leaving the Vanni area to receive medical treatment and humanitarian assistance. There are also reports that the LTTE are seeking to force the local population into joining them.

I fully support the call, made on 26 January by the UN Secretary General, Ban Ki-moon, on both the LTTE and the Government of Sri Lanka to accord immediate and absolute priority to ensuring the protection and well-being of civilians, including humanitarian aid workers, in the Vanni region. The Government and the LTTE must ensure that all people, including the displaced, are treated in accordance with international humanitarian law. Both sides must respect "no-fire zones", "safe areas" and civilian infrastructure, including schools, medical facilities and humanitarian facilities and assets.

Bilaterally, and with our EU partners, Ireland has consistently sought to impress on both the Government of Sri Lanka and the 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 last year. We continue to take the firm view that there can be no lasting military solution to Sri Lanka's political difficulties.

As one of the four co-chairs of the 2003 Tokyo Conference on the Reconstruction and Development of Sri Lanka, the EU has been 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.

The Government will continue to support the efforts of the UN and the EU to address the difficult political and humanitarian situation in Sri Lanka.

Since 2005, the Government has provided, through Irish Aid, more than €5.3 million for humanitarian and development activities in Sri Lanka, including significant emergency assistance provided in the aftermath of the tsunami in 2004. In addition, over US$12 million was allocated from the UN's Central Emergency Response Fund to Sri Lanka during 2008. Ireland is currently the seventh largest donor to this Fund.

Irish Aid recently provided €7 million in un-earmarked funding to the International Committee of the Red Cross (ICRC), one of the key organisations at the centre of the response to the current humanitarian crisis in the Vanni region.

Illegal Immigrants.

Charlie O'Connor

Ceist:

286 Deputy Charlie O’Connor asked the Minister for Foreign Affairs if he has raised with the new US Administration the issue of the undocumented Irish in the USA; and if he will make a statement on the matter. [3178/09]

The Government is strongly committed to trying to resolve the plight of the undocumented Irish in the United States.

President Obama, Secretary of State Clinton and other senior members of the new Administration have for some time been strong supporters of comprehensive immigration reform. Since the new year, there have also been helpful public indications that Senate Majority Leader, Senator Harry Reid, and Senator John McCain intend to support action in this area. However, as the Deputy will appreciate, the issue remains politically divisive in the US Congress and making progress will be challenging.

The members of the new Administration and Congress are currently taking up office in Washington, and we will be establishing substantive contact shortly. In doing so, we will build on the extensive work on behalf of the undocumented that the Government has carried out over recent years with many of those now within the Administration.

The St. Patrick's Day period presents an ideal opportunity for the Taoiseach, myself and other members of Government to engage the new Administration on the matter at the very highest level. Our Ambassador in Washington will also attach the highest priority to this issue in his ongoing contacts with the Obama Administration.

More broadly, the Government is actively seeking to reform our overall migration arrangements with the United States. In addition to our work on behalf of the undocumented, the Government recently concluded a new Working Holiday Agreement with the United States and is working to secure the passage of legislation which would enable Irish citizens to avail of the E3 working visa currently open to Australians.

Irish Language.

Ciaran Lynch

Ceist:

287 Deputy Ciarán Lynch asked the Minister for Foreign Affairs the cost to his Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if he will make a statement on the matter. [3412/09]

In the time available it is not possible to collate all the costs, direct and indirect, associated with the implementation of the provisions of the Official Languages Act 2003 since its introduction. For instance, my Department's expenditure on printing of material in Irish cannot be readily distinguished from overall costs on printing generally.

The following table sets out the translation costs incurred by the Department of Foreign Affairs in implementing the provisions of the Official Languages Act 2003:

Year

Cost in Euros

2004

9,459

2005

9,574

2006

5,743

2007

6,514

2008

31,511

The significant increase in costs in 2008 is mainly due to the translation costs associated with the Irish version of the Department's Statement of Strategy 2008-2010 (€3,741) and expenditure of €20,188 in respect of costs associated with the translation into Irish of a significant proportion of the content of the Department's website.

Foreign Conflicts.

Jack Wall

Ceist:

288 Deputy Jack Wall asked the Minister for Foreign Affairs his views and the action he has taken in relation to the contents of a submission (details supplied); and if he will make a statement on the matter. [3474/09]

It is clear that the conflict in Gaza has been a profound tragedy for both the people of the territory and for the wider peace process. The bare statistics of the war in Gaza are grim: more than 1300 people have been killed, thousands of others wounded, and much of Gaza left in ruins. Initial estimates indicate that the rebuilding process could cost in excess of $2 billion and take three to five years. Clearly, there is now much work to be done, both to help the Palestinians in Gaza recover from the terrible events of the last 6 weeks and also to help rebuild confidence amongst Palestinians and Israelis in the peace process.

I welcome that the unilateral ceasefires announced by Israel and Hamas on 18 January broadly continue to hold, though it is of great concern that there have been a number of serious incidents in recent days. I urge all those in positions of authority to use their efforts to make the ceasefires more secure and lasting, rather than renew the cycle of retaliation and escalation. The imperative therefore must be consolidating the truce through the full implementation of United Nations Security Council 1860. This requires a complete halt to all rocket fire and militant attacks from Gaza, an end to arms smuggling into the territory, and the full reopening of border crossings, for both commercial and humanitarian goods.

I am especially anxious that the border crossings be reopened as soon as possible and that the economic blockade of Gaza in existence since June 2007 should be ended. The isolation of the people of Gaza has been unjust and unacceptable. It has also been politically counterproductive — strengthening the hand of extremists and undermining support for moderates who call for compromise over conflict. More than ever, Gaza requires stability and economic recovery, and this can only be achieved through the reopening of its border crossings.

While I can understand the understandable anger and frustration at the actions of the Israeli military in Gaza, calls for a boycott of Israel, be it diplomatic, commercial, sporting, or otherwise, do not constitute an appropriate response. Any boycott would only serve to harden attitudes in Israel to the peace process and to the benefits of negotiation with the Palestinians. Similarly, calls for an EU trade boycott, the suspension of the existing Association Agreement or imposition of an arms embargo are not practicable as they would not have any prospect of attracting the necessary consensus amongst member states. We need to encourage efforts to agree on a two-State solution — exclusionary policies or boycotts would do the opposite.

Looking forward, and in order to move away from the grim cycle of violence which has too often characterised the region, the search for a comprehensive peace in the Middle East must be the diplomatic priority for the international community. With this in mind, I have met this week with the Presidents of both Syria and Lebanon.

I am greatly encouraged in this regard by the renewed US involvement in support of the peace process and President Obama's promise that his administration will "actively and aggressively" pursue Middle East peace. I have warmly welcomed the appointment of George Mitchell, a man whose rigorous impartiality and superb mediation skills were amply demonstrated in Ireland, as an inspired choice to serve as President Obama's Middle East envoy. Ireland and our EU Partners look forward to working closely together with Secretary of State Clinton and Senator Mitchell in a renewed transatlantic effort to promote what Europe and America recognise as the strategic priority of a comprehensive Middle East peace settlement.

Following this crisis in Gaza, it is more critical than ever that the Palestinian and Israeli people can have faith in a revived and credible political process that is seen to be addressing the underlying causes of the conflict and leading to a two-State solution. However, no comprehensive peace is possible without intra-Palestinian reconciliation and the political reunification of Gaza and the West Bank, and I support the efforts of Egypt and other regional actors to promote such reconciliation.

Sports Capital Programme.

Jack Wall

Ceist:

289 Deputy Jack Wall asked the Minister for Arts, Sport and Tourism the reason a group (details supplied) in County Kildare has not been allocated the capital sports grant as determined by him; and if he will make a statement on the matter. [3017/09]

A provisional allocation to the club in question of €16,250, which includes a Rapid top-up grant of €3,750, towards purchase of racing boats and safety launch was announced in April 2007. My Department wrote to the club on April 24th 2007 verifying the amount of the provisional allocation and the purpose for which it was being allocated and detailing the various requirements in order for the grant to be formally approved and ultimately drawn down.

One of these requirements, which is intended to ensure value for money in the use of taxpayer funding, is that grantees submit to my Department three comparable quotations for each aspect of the project. My Department continues to liaise with the contact for the club in question with a view to confirming the suitability and comparability of the quotes that have been supplied to date. In this regard, my Department has been awaiting further documentation promised by the grantee since November 4th 2008.

Mary Upton

Ceist:

290 Deputy Mary Upton asked the Minister for Arts, Sport and Tourism when the next round of the ACCESS scheme will be announced in view of the fact that a theatre (detail supplied) in County Tipperary is in need of a refurbishment; and if he will make a statement on the matter. [3028/09]

I refer the Deputy to my answer to Parliamentary Question No. 104 of Wednesday 28th of January 2009.

Darragh O'Brien

Ceist:

291 Deputy Darragh O’Brien asked the Minister for Arts, Sport and Tourism when the 2006 sports capital grant for a club (details supplied) in County Dublin will be awarded; and if there are outstanding matters to resolve before the payment is made. [3386/09]

A grant of €32,000 was provisionally allocated to the club in question under the 2004 Sports Capital Programme and a further €240,000 was allocated in 2006.

Grant allocations are subject to the terms and conditions of the Programme, which include, for allocations above certain specified thresholds, the execution of a deed of covenant and charge. This places a charge on the grantee's title to the property and is intended to protect the taxpayer's investment by ensuring that the facility remains in sporting use for at least 15 years. Under the Programme, applicants solicitors are therefore asked to confirm that applicants have title to the property in respect of which a grant is being sought capable of securing a charge.

Currently the club in question does not have a lease of sufficient duration to register with the Property Registration Authority or to give undertakings normally required under the scheme in relation to the period of time for which the facility will be maintained in sporting use. The most recent advice on this matter was received from the Chief State Solicitor's Office on 9 January and my Department is currently examining this with a view to determining whether it is possible to progress the payment of the grant in a manner which allows for a prudent level of protection for the taxpayers investment in the facility.

Irish Language.

Ciaran Lynch

Ceist:

292 Deputy Ciarán Lynch asked the Minister for Arts, Sport and Tourism the cost to his Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if he will make a statement on the matter. [3404/09]

Prior to the coming into force of the Official Languages Act 2003, the Department was already providing a range of services in both Irish and English, such as signage, stationery and certain corporate publications. Because these services formed an integral part of the work of the Department, Irish language expenditure was not recorded separately.

Pursuant to Section 11 of the 2003 Act, the Department, in 2005, introduced its first Language Scheme to enhance the quantity and quality of services provided to the public through Irish. The additional costs of implementation of this Scheme in respect of services to the public are as set out in tabular form below. Since mid 2008 the Department is recording the total cost of providing services through Irish. Accordingly the figure shown in the table for 2008 is not comparable with the figures for the other years.

Year

Additional Cost — Implementation of Language Scheme

2005*

21,000

2006

30,000

2007

18,000

2008

49,227

*Figures relate to the period from 1 July to 31 December 2005, as the Department's first Language Scheme commenced only on 1 July 2005 and include costs for the launch of the scheme.

Sports Capital Programme.

Olwyn Enright

Ceist:

293 Deputy Olwyn Enright asked the Minister for Arts, Sport and Tourism the amount of sports capital funding allocated under the sports capital programme 2003; the amount allocated under that year’s funding that was paid; the amount applied for and drawn down in 2003; the amount allocated in 2003 that was drawn down in subsequent years; if he will provide such information in tabular form; and if he will make a statement on the matter. [3443/09]

Olwyn Enright

Ceist:

294 Deputy Olwyn Enright asked the Minister for Arts, Sport and Tourism the amount of sports capital funding allocated under the sports capital programme 2004; the amount allocated under that year’s funding that was paid; the amount applied for and drawn down in 2004; the amount allocated in 2004 that was drawn down in subsequent years; if he will provide such information in tabular form; and if he will make a statement on the matter. [3444/09]

Olwyn Enright

Ceist:

295 Deputy Olwyn Enright asked the Minister for Arts, Sport and Tourism the amount of sports capital funding allocated under the sports capital programme 2005; the amount allocated under that year’s funding that was paid; the amount applied for and drawn down in 2005; the amount allocated in 2005 that was drawn down in subsequent years; if he will provide such information in tabular form; and if he will make a statement on the matter. [3445/09]

Olwyn Enright

Ceist:

296 Deputy Olwyn Enright asked the Minister for Arts, Sport and Tourism the amount of sports capital funding allocated under the sports capital programme 2006; the amount allocated under that year’s funding that was paid; the amount applied for and drawn down in 2006; the amount allocated in 2006 that was drawn down in subsequent years; if he will provide such information in tabular form; and if he will make a statement on the matter. [3446/09]

Olwyn Enright

Ceist:

297 Deputy Olwyn Enright asked the Minister for Arts, Sport and Tourism the amount of sports capital funding allocated under the sports capital programme 2007; the amount allocated under that year’s funding that was paid; the amount applied for and drawn down in 2007; the amount allocated in 2007 that was drawn down in subsequent years; if he will provide such information in tabular form; and if he will make a statement on the matter. [3447/09]

Olwyn Enright

Ceist:

298 Deputy Olwyn Enright asked the Minister for Arts, Sport and Tourism the amount of sports capital funding allocated under the sports capital programme 2008; the amount allocated under that year’s funding that was paid; the amount applied for and drawn down in 2008; the amount allocated in 2008 that was drawn down in subsequent years; if he will provide such information in tabular form; and if he will make a statement on the matter. [3448/09]

I propose to take Questions Nos. 293 to 298, inclusive, together.

Under the Sports Capital Programme, which is administered by my Department and part funded by the National Lottery, funding is allocated to sporting and community organisations at local, regional and national level throughout the country.

Since 1998 the Government has allocated over €725m in sports capital funding to over 7,400 sports projects across the country. This investment has transformed the sporting landscape of Ireland and has allowed the development of sports facilities across the length and breath of the country. These facilities have dramatically increased the opportunities for all people to engage in a wide variety of sports.

The figures requested by the Deputy are currently being compiled by my Department and will be forwarded to the Deputy as soon as possible.

Community Support.

Olwyn Enright

Ceist:

299 Deputy Olwyn Enright asked the Minister for Community, Rural and Gaeltacht Affairs if funding is provided by his Department in respect of security measures in the homes of older people; and if he will make a statement on the matter. [3139/09]

My Department manages the Scheme of Community Support for Older People, which assists qualifying older people, by means of a community based grant scheme. Funding is provided towards the once-off cost of installing monitored alarm systems, door and window locks, door chains, security lighting, smoke alarms and in the case of qualifying older people living on our offshore islands, interior emergency lighting.

The Scheme is administered and funded by my Department with the services delivered by local community and voluntary groups throughout the country.

Maximum individual grants provided under the Scheme are as follows:

€300 in respect of the once-off installation cost of socially monitored alarms;

€200 in respect of physical security equipment;

€200 in respect of security lighting;

€50 in respect of smoke alarms; and

€150 in respect of interior emergency lighting for qualifying older people living on our offshore islands.

Applications under the Scheme are accepted throughout the year and can be made through a local community and voluntary group. Information on such groups is available from my Department and a list of groups approved under the Scheme in recent years is also available on my Department's website — www.pobail.ie.

National Drugs Strategy.

Catherine Byrne

Ceist:

300 Deputy Catherine Byrne asked the Minister for Community, Rural and Gaeltacht Affairs his views on whether the dial to stop drug dealing is an effective means of apprehending drug dealers; the number of calls to the freefone number that have been referred to the gardaí to date; the number of these calls that have resulted in arrests; and if he will make a statement on the matter. [3161/09]

Aengus Ó Snodaigh

Ceist:

303 Deputy Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs if a decision has been made to halt funding to the dial to stop drug dealing initiative in June 2009, the roll-out of which was announced in September 2008; the funding that will be made available to the initiative across 2009; the source of this funding; and if he will make a statement on the matter. [3010/09]

I propose to take Questions Nos. 300 and 303 together.

As the Deputies will be aware, the Dial-to-Stop Drug Dealing Campaign was officially launched on 30 September 2008. I would see the campaign as part of a range of initiatives that are used to apprehend those engaged in drug dealing.

The Local and Regional Drugs Task Forces are used to run the campaign which is designed to encourage people to provide any information they may have on drug dealing — anonymously, if required — through a confidential telephone line. This information will then be forwarded to An Garda Síochána. Each local campaign has been tailored to the requirements of the individual area — as identified by the Drugs Task Force — working closely with local communities. The input and co-operation of local communities is essential to maximise the effect of the campaign in their areas.

The first phase of the campaign ran across five Local and Regional Drugs Task Forces areas with funding being provided by my Department (€100,000) and the Department of Justice, Equality and Law Reform (€50,000). The confidential number used in the campaign is open for all to use, however, regardless of which area they come from. This was highlighted during the national launch.

Overall, I believe that the campaign to date has proved to be successful. According to the latest information on the campaign, there have been approximately 1,100 calls to the phone-line that have generated 306 information reports to the Gardaí. An Garda Síochána has confirmed that, to date, the information gathered has proved useful to their enquiries and has yielded a number of seizures and arrests. In all areas where the campaign is being rolled out, the local Gardaí are following strong lines of enquiry resulting from the information arising from the free phone number.

The next phases of the campaign will be funded from the Dormant Accounts Fund and an indicative allocation of €300,000 has been approved for the campaign in 2009. Following approval of the specific proposals, it is planned to run the campaign in a number of Local and Regional Drugs Task Force areas this year.

With regard to any future funding, as the Dormant Accounts funding is once-off in nature, the €300,000 referred to above is the total that will be allocated. As the allocation for funding for drugs initiatives in my Department in 2009 is fully committed, I regret that there is no scope, at present, for further campaigns.

Community Development.

Michael Ring

Ceist:

301 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs the reason hub towns here such as Ballina and Castlebar, County Mayo are exempted from the new Leader programme. [2987/09]

Michael Ring

Ceist:

302 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs the towns which are exempt from the new Leader programme. [2988/09]

I propose to take Questions Nos. 301 and 302 together.

For the purposes of implementing the Rural Development Programme, the following areas are exempt:

The City Council boundaries of Dublin, Cork, Galway, Waterford and Limerick

The Borough Council boundaries of Kilkenny, Sligo and Wexford

The Town Council boundaries of Athlone, Ballina, Castlebar, Cavan, Dundalk, Ennis, Killarney, Letterkenny, Mallow, Monaghan, Mullingar, Tralee, Tuam and Tullamore.

During negotiations in respect of the Rural Development Programme, the European Commission indicated that the OECD definition of rural areas should be used to define the rural areas that would be covered by the Programme. The OECD defines rural areas as those with a population density of less than 150 persons per square kilometre. It was considered, in the Irish context, that a more appropriate course of action would be to remove the urban areas defined as hubs and gateways in the National Spatial Strategy from coverage under the Programme.

The use of this definition, rather than a population density calculation, will ensure that Rural Development Programme funding will continue to be available to a more significant number of rural areas, which would otherwise not receive funding under the new Programme. This approach was adopted following detailed negotiations with the European Commission and is the best possible outcome in relation to Programme to coverage.

The positive impact on rural areas will far outweigh any potential loss in hubs and gateways and, in overall terms, the level of investment resulting from the new Rural Development Programme will be a significant boost to the country as a whole.

Question No. 303 answered with Question No. 300.

Offshore Islands.

Michael Ring

Ceist:

304 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if, in relation to a contract (details supplied), a boat has been selected; if so if that boat is compliant with the tender which was sent out. [3012/09]

Michael Ring

Ceist:

305 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if a five-year contract (details supplied) has been signed; the person who was awarded the contract; if he will provide this Deputy with a copy of the contract. [3013/09]

I propose to take Questions Nos. 304 and 305 together.

In late 2007, my Department awarded a five-year contract for the service referred to by the Deputy. This contract, which has been signed, covers the period from 1 January 2008 to 31 December 2012 and I will arrange for a copy to be forwarded to the Deputy for information.

The service in question is provided by an operator using three vessels in total. Under the terms of the contract concluded between my Department and the operator, the operator committed to carry out certain improvements to the main vessel used on the service. Arrangements are currently being made by the operator to have these improvements made. I am advised that the works proposed are aimed at improving the service and that, since the commencement of the contract on 1 January 2008, the service has been provided to the general satisfaction of the island communities involved. I am also advised that the vessels in question are fully compliant with all national safety standards.

Departmental Funding.

Mary Upton

Ceist:

306 Deputy Mary Upton asked the Minister for Community, Rural and Gaeltacht Affairs if the necessary funding will be provided to ensure the reopening of a community centre (details supplied) in Dublin 8 which has been closed since summer 2008; and if he will make a statement on the matter. [3027/09]

The RAPID Programme aims to ensure that priority attention is given to tackling the spatial concentration of poverty and social exclusion within 46 designated RAPID areas nationally. As I have indicated to the House on a number of occasions, it is a matter for individual Departments to report on the provision of funding and progress on delivery with respect to projects under their responsibility in the RAPID areas. In support, Pobal collects data from each RAPID area in respect of funding allocations received by projects from Government Departments and local state agencies. The latest data in respect of the programme are available on Pobal's website under the RAPID section — http://www.pobal.ie/live/RAPID — and the Deputy may find it useful to access this information.

RAPID has adopted environmental improvement and the addressing of crime and community safety as two of its key strategic themes for future action. In September 2008, my Department along with the Department of Environment, Heritage and Local Government launched the RAPID Physical Environment Improvement Scheme. The objective of this scheme is to fund Programmes of Works in each RAPID area designed to support the delivery of small-scale and locally identified project linked to these themes.

Initiatives to improve community safety include the provision of security doors, barriers, railings and gates. My Department, with Dublin City Council (on behalf of Department of the Environment, Heritage and Local Government), has made €20,000 available towards refurbishment costs and the installation of security measures for the Community Centre in question, which will assist in the reopening of the facility.

Departmental Programmes.

Mary Upton

Ceist:

307 Deputy Mary Upton asked the Minister for Community, Rural and Gaeltacht Affairs if there are grants a society (details supplied) in County Tipperary can avail of; and if he will make a statement on the matter. [3029/09]

As the Deputy will be aware, my Department implements and funds a wide range of measures, programmes and schemes to support all communities.

Details of all of the programmes and schemes operated by my Department, including guidelines and criteria, are available on the Department's website at www.pobal.ie. The Deputy will appreciate that eligibility for grants available depends on the nature of the grant sought and details of the group seeking them.

Irish Language.

Aengus Ó Snodaigh

Ceist:

308 Deputy Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs the number of times the sub-committee tasked with examining the recommendations of an staidéar teangeolaíochta ar usáid na Gaeilge sa Ghaeltacht has met; when each meeting took place. [3357/09]

Aengus Ó Snodaigh

Ceist:

309 Deputy Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs when he will act on the recommendations of an staidéar teangeolaíochta ar usáid na Gaeilge sa Ghaeltacht. [3358/09]

I propose to take Questions Nos. 308 and 309 together.

I refer the Deputy to my reply to Question No. 891 on 27 January 2009. As the Deputy is aware, the Report of the Linguistic Study on the Use of Irish in the Gaeltacht was presented to Government in late 2007 and was subsequently published. The Government noted the Report and established a Cabinet Committee to consider matters arising in the context of the analysis and recommendations of the Report, and to agree an integrated action plan to secure the future of Irish as the community language in the Gaeltacht. Work is continuing in this regard in conjunction with the ongoing development of a 20-year Strategy for the Irish Language.

The Cabinet Committee met on 10 April 2008 and 23 July 2008. A number of meetings have also taken place of personnel from the Senior Officials Group, which is assisting the Committee in its work. The next meeting of the Cabinet Committee is scheduled to take place on 18 February 2009.

Ciaran Lynch

Ceist:

310 Deputy Ciarán Lynch asked the Minister for Community, Rural and Gaeltacht Affairs the cost to his Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if he will make a statement on the matter. [3406/09]

At the outset I wish to remind the Deputy that it has been a long-standing policy of my Department to ensure that customers who wish to conduct their business through a choice of Irish or English are facilitated. Accordingly, expenditure on providing services through Irish and English arises from our existing commitments to our customers and is met from our normal administrative budget. It is not possible, therefore, readily to separate out the bilingual or Irish language dimension from the overall cost of running my Department and of its service delivery. In this context, and indeed as part of its commitment to the principles of Quality Customer Service even prior to the coming into effect of the Official Languages Act 2003, almost all classes of documentation intended for public dissemination, including advertisements, were published by my Department in both Irish and English and signage is provided in Irish or bilingually. Staff in many of my Department's organisational units are in a position to provide services through Irish or English, as required by the customer, at no extra cost.

I should also point out that the language scheme adopted my Department under the Official Languages Act details specific additional commitments in relation to improved delivery of the services of my Department through the Irish language. All of these commitments, both long-standing and new, have been, and will continue to be, delivered from within the overall budgets available to my Department.

Additionally, as Minister for Community, Rural and Gaeltacht Affairs, I have overall responsibility to ensure that the provisions of the Official Languages Act are implemented and that the primary objective of the Act, which is to ensure better availability and a higher standard of public services through Irish, is achieved. Consequently, in the years immediately following the enactment of the Act, my Department incurred certain once-off costs, such as the publication of statutory guidelines as required under section 12 of the Act, as well as the publication of my own Department's language scheme in 2004. It is estimated that these costs came to some €55,600 in total during the years since 2003.

Finally, the Deputy will be aware that Oifig an Choimisinéir Teanga is funded under my Department's Vote. This is a statutory, independent office whose role and functions are provided for in Part 4 of the Official Languages Act. The following sums were spent by the office since its establishment in 2004:

Year

€000

2004

389

2005

649

2006

647

2007

695

2008 (estimated outturn)

831

Water and Sewerage Schemes.

Joe Carey

Ceist:

311 Deputy Joe Carey asked the Minister for Community, Rural and Gaeltacht Affairs the position of the application for CLÁR funding in respect of Lemanagh group water scheme County Clare; and if he will make a statement on the matter. [3460/09]

On the 8th of August 2008, Local Authorities were informed that all water and sewerage measures under the CLÁR programme were being suspended with immediate effect. Local Authorities were also informed that all applications on hand at that date would be processed and funding allocated if appropriate.

As an application for CLÁR funding in respect of Lemanagh group water scheme was not submitted by Clare County Council until 22nd December 2008, I regret that it is not possible to consider it for CLÁR funding at this time.

Departmental Bodies.

Michael Creed

Ceist:

312 Deputy Michael Creed asked the Minister for Community, Rural and Gaeltacht Affairs his plans to bring a group (details supplied) in County Cork under the aegis of Údarás na Gaeltachta; and if he will make a statement on the matter. [3481/09]

My Department is examining ways at present of using the resources, both financial and human, available to it in the most efficient manner possible in order to minimise any disruption to the front line services it provides, particularly in view of the current economic downturn. In this context, I have asked my officials to review, in conjunction with both Údarás na Gaeltachta and the group referred to by the Deputy, the operations of the two organisations with a view to delivering their services in the most cost effective and efficient manner possible.

Departmental Correspondence.

Jack Wall

Ceist:

313 Deputy Jack Wall asked the Minister for Social and Family Affairs her views regarding a submission received from a person (details supplied) in County Kildare; the position in relation to the case quoted; and if she will make a statement on the matter. [3477/09]

This issue was the subject of a High Court judgement concerning the rights of a person, who has undergone gender reassignment surgery, to recognition of her acquired gender. On foot of a High Court judgement, delivered on 19 October 2007, the judge made a declaration, pursuant to Section 5 of the European Convention on Human Rights Act 2003, that Sections 25, 63 and 64 of the Civil Registration Act 2004 are incompatible with the obligations of the State under the European Convention on Human Rights by reason of their failure to respect the private life of the Applicant, as required by Article 8 of the Convention, in that there are no provisions which would enable the acquired gender identity of the Applicant to be legally recognised in this jurisdiction.

This is the first time that the High Court has made a declaration of incompatibility with the European Convention on Human Rights in respect of a provision of Irish law. As such, the High Court judgement is very significant and raises complex and far-reaching issues, not merely for this case but for future cases under the European Convention on Human Rights Act. The judgment has implications for a wide range of legislative and policy areas including taxation, social welfare, pensions, family law, criminal law, equality, employment, sport, financial services, health, education and so on.

As the judgment is the subject of an appeal to the Supreme Court, it is not considered appropriate for me to comment in detail at this time, other than to say that I am keeping the matter under review and that the comments made by Commissioner Hammarberg have been noted.

Departmental Strategy Statements.

Olwyn Enright

Ceist:

314 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the date the national carers strategy will be published; and if she will make a statement on the matter. [3540/09]

In January 2008 a working group, chaired by the Department of An Taoiseach, was established to develop the National Carers Strategy. My Department provides the secretariat to the working group which also includes representatives of the Departments of Finance, Health and Children and Enterprise, Trade and Employment as well as FÁS and the Health Service Executive. Considerable work was undertaken in developing the strategy during 2008.

The Department met with a wide range of organisations including the Equality Authority, Combat Poverty Agency, Citizen's Information Board, the National Council on Ageing and Older People, the Office of the Revenue Commissioners, the Department of Environment, Heritage and Local Government and the National Disability Authority.

In addition, a request for submissions from the public was published in regional and national newspapers in March 2008 which yielded a good response from both individuals and organisations.

The commitment to the development of a National Carers' Strategy also includes a commitment to appropriate consultation with the social partners. An update in relation to the strategy was provided to the social partners plenary session in February. A consultation meeting with the social partners was held on 8 May 2008.

However, despite the work undertaken by the group, the context in which the strategy is being developed has been severely constrained by the immediate fiscal difficulties facing the economy. These difficulties have lead to uncertainty not just within the Department of Social and Family Affairs but also the health service and the range of organisations represented on the working group which made it impossible to bring the strategy to a satisfactory completion last year.

Officials from the Department and members of the working group met with carer representative groups in December 2008 in the second of two agreed meetings on the strategy. At this meeting the difficulties facing the working group as a result of the current economic situation were outlined. The groups were also informed that the strategy would not be published by the end of 2008 as had been anticipated.

The draft document produced by the working group is currently being considered.

Question No. 315 answered with Question No. 106.

Social Welfare Benefits.

Michael Ring

Ceist:

316 Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and granted jobseeker’s allowance. [3014/09]

The person concerned applied for a jobseeker's allowance payment on 27 November 2008. He was requested by a Social Welfare Inspector to provide details of his parents' income. He failed to provide the necessary information and consequently his claim was closed. He was informed of this on 29 January, 2009.

It is open to him to make a fresh application, in which case he should provide all the information required.

Departmental Staff.

Simon Coveney

Ceist:

317 Deputy Simon Coveney asked the Minister for Social and Family Affairs the increase in the number of staff employed in social welfare offices to deal with any backlog due to the increase on the live register; the number of people who are part of this backlog in Cork city and county; and if she will make a statement on the matter. [3015/09]

The Department has put a range of measures in place to deal with the extra workload arising from the increase in the Live Register. These include, additional posts assigned, use of temporary staff to fill vacancies pending the appointment of permanent staff, extension of temporary staff contracts in certain offices, increased overtime, prioritisation of work. In addition the Department is implementing a number of process improvement initiatives aimed at improving overall processing times for the jobseeker schemes.

Because of the increased number of claims for jobseeker payments, the Department undertook a review of staffing levels in Local Offices in May and June of last year. This resulted in the assignment of an additional 31 staff to some 15 Local Offices. Following the most recent review of the staffing levels in Local Offices late last year, an additional 115 staff are being assigned. In addition, a separate exercise was undertaken for the Cork and Carrigaline Local Offices which identified the need for an additional 12 staff. Arrangements are in train to assign the additional resources required. Pending the appointment of the permanent staff 6 temporary staff have been assigned. The following table shows the number of claims awaiting a decision in each office in the Cork Region.

Pending claims 24 January 2009.

Office

Jobseeker’s Benefit

Jobseeker’s Allowance

Bandon

195

187

Bantry

53

81

Bantry (SWLO)

18

22

Carrigaline

96

163

Clonakilty

144

135

Cobh

29

37

Cork

2,302

1,958

Fermoy

191

135

Kinsale

107

128

Macroom

278

84

Mallow

289

165

Midleton

370

269

Newmarket

464

149

Skibbereen

46

92

Youghal

118

138

Total

4,700

3,743

Social Welfare Benefits.

Jack Wall

Ceist:

318 Deputy Jack Wall asked the Minister for Social and Family Affairs the reason income from the jobseeker’s allowance payment is deducted in its entirety for rent subsidy payments for a person (details supplied) and is of no financial benefit to the applicant; and if she will make a statement on the matter. [3043/09]

Rent supplement is administered on behalf of the department by the community welfare service of the Health Service Executive as part of the supplementary welfare allowance scheme.

Rent supplement is normally calculated to ensure that a person, after the payment of rent, has an income equal to the rate of supplementary welfare allowance appropriate to their family circumstances less a minimum contribution of €18, which recipients are required to pay from their own resources. Many recipients pay more than €18 because they are also required, subject to certain income disregards, to contribute any additional assessable means that they have, over and above the appropriate basic supplementary welfare allowance rate, towards their accommodation costs.

Social welfare legislation provides that all income in cash is assessable for supplementary welfare allowance purposes. This includes income from most social welfare payments including jobseeker's Benefit. Some specific disregards of income are provided for in the legislation in respect of the means test for the rent supplement scheme to include pensioners aged over 65 years, carers, recipients of child benefit, guardian's payment, respite care grant and those engaged in rehabilitative employment. The assessment of means for rent supplement purposes also provides for a gradual withdrawal of payment as hours of employment or earnings increase.

The Executive has advised that the person concerned had been in receipt of rent supplement taking account of income from jobseeker's benefit and maintenance payments. She was subsequently awarded one-parent family payment and her entitlement to jobseeker's benefit was reduced to half rate. Her entitlement to rent supplement was recalculated to take account of the additional income to the household. As a result, she is entitled to a reduced rate of rent supplement. Arrangements have been made to issue rent supplement to the person concerned at the reduced rate. It is open to the person concerned to appeal against this decision to the HSE Appeals Office if she is dissatisfied with the decision.

Finian McGrath

Ceist:

319 Deputy Finian McGrath asked the Minister for Social and Family Affairs her views on a matter (details supplied). [3054/09]

A special Christmas Bonus payment was first introduced in December, 1980, for social welfare pensioners and people who depend solely on their social welfare payments for income support. There have been a number of developments in this scheme since its inception, including changes in the level of the bonus payment, the introduction of a minimum payment and the extension of the categories of eligible claimants.

The focus of the bonus has always been on persons who rely on the social welfare system for financial support over the long term. The issue of payment of a Christmas Bonus in 2009 will, in due course, be examined in the context of the prevailing budgetary conditions.

Departmental Expenditure.

Terence Flanagan

Ceist:

320 Deputy Terence Flanagan asked the Minister for Social and Family Affairs if she will respond to correspondence from a person (details supplied); and if she will make a statement on the matter. [3066/09]

The Department of Social and Family Affairs has supported the organisation in question over a period of many years. An application for funding under the "Grants for the Development and Promotion of Information and Welfare Rights" scheme in respect of 2009 has been received and is currently being considered, having regard to the current budgetary circumstances. A decision will be made shortly in this regard.

Social Welfare Benefits.

Olwyn Enright

Ceist:

321 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the amount of capital disregard for means test purposes for all social welfare payments; if same applies to special saving incentive account savings; and if she will make a statement on the matter. [3140/09]

Seamus Kirk

Ceist:

322 Deputy Seamus Kirk asked the Minister for Social and Family Affairs if former special saving incentive accounts are included for means testing applicants for jobseeker’s allowance; and if she will make a statement on the matter. [3351/09]

I propose to take Questions Nos. 321 and 322 together.

In assessing means for social assistance purposes, account is taken of any cash income the person may have, together with the value of capital and property (except the family home). Capital may include the following: Stocks and shares of every description, which are assessed according to their current market value. Savings certificates / bonds / national instalment savings, which are also assessed according to their current market value. Money invested in a bank, building society etc.

For the purposes of most social assistance schemes including jobseeker's allowance, the first €20,000 of capital is disregarded for means test purposes. The first €50,000 is disregarded in the case of disability allowance while the first €5,000 is disregarded in the case of supplementary allowance. Capital amounts formerly held in Special Savings Investment Accounts are treated in the same manner as other capital.

Jack Wall

Ceist:

323 Deputy Jack Wall asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Kildare has not received a rent subsidy; and if she will make a statement on the matter. [3361/09]

The supplementary welfare allowance scheme, which includes mortgage interest supplement, is administered on behalf of the department by the community welfare division of the Health Service Executive.

Mortgage interest supplement provides short-term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only.

The Executive has advised that the person concerned applied for mortgage interest supplement. He was requested to provide further information in relation to the value of a second property which he owns. The Executive has further advised that a decision will be made on the application for mortgage interest supplement when the person concerned provides the information as sought by the HSE.

Departmental Schemes.

David Stanton

Ceist:

324 Deputy David Stanton asked the Minister for Social and Family Affairs further to Parliamentary Question No. 1006 of 27 January 2009, the expected savings to the Exchequer which will accrue in a full year as a result of the transfer of income support and maintenance schemes and the community welfare service from the Department of Health and Children to her Department; and if she will make a statement on the matter. [3395/09]

The transfer of income support and maintenance schemes and the community welfare service from the HSE to the Department arises from a decision to remove non core functions from the health sector. In addition to alleviating pressure on the health sector the transfer of functions will allow for the supplementary welfare allowance and other schemes to be managed within one entity. This will lead to a more efficient and coordinated approach to customer service needs, improved consistency in the delivery of the schemes and improved control management procedures.

The aim is to fully integrate the community welfare service into the Department on a phased basis. By introducing new work procedures the existing level of duplication of work effort by staff can be reduced. The efficiencies achieved in this way will increase the capacity of the Department to deploy resources to higher quality work such as customer case management. There are increasing pressures on the social welfare system at present arising from the downturn in the economy and it is important that we maximise the use of available resources. It is in the area of improved customer service and better coordination that the potential exists to achieve efficiency savings. It is not possible at this stage to quantify the exact level of efficiency savings that will arise because of the range of factors involved.

Irish Language.

Ciaran Lynch

Ceist:

325 Deputy Ciarán Lynch asked the Minister for Social and Family Affairs the cost to her Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if she will make a statement on the matter. [3415/09]

Providing a quality customer service in Irish has been a priority of the Department both prior and subsequent to the introduction of the Official Languages Act in mid-2003. It is not possible, therefore, to state precisely what amount of the total expenditure on the service in Irish arises from the implementation of the Act. Provision of services through Irish requires investment in a range of supports including staff training in spoken and written Irish, translation of forms, leaflets and other documentation, and the provision of bilingual signage in public areas. The following outlines expenditure in relation to these areas in the period 2003 to 2008:

Expenditure Area

2003

2004

2005

2006

2007

2008

Training

56,400

63,300

59,200

40,800

59,300

35,300

Signage*

37,900

22,900

43,100

33,500

29,400

53,300

Translation

72,700

27,800

26,000

75,400

81,000

93,000

*In the case of bilingual signage, it is not possible to separate the cost of the Irish element from the total cost of signage incurred.

Additional costs such as translations carried out by departmental staff and certain printing costs, are incurred in supporting services in Irish, but these can not be quantified.

Social Welfare Benefits.

Richard Bruton

Ceist:

326 Deputy Richard Bruton asked the Minister for Social and Family Affairs the changes which have been made to the eligibility criteria for disability allowance since budget 2009; if changes have been made to the eligibility of persons in residential care who currently receive disability allowance and the eligibility of those in residential care who are not currently in receipt of disability allowance; and if she will make a statement on the matter. [3419/09]

No changes to the Disability Allowance are being implemented as a result of Budget 2009. With effect from 3 January, 2007 people who had entered residential care without an entitlement to Disability Allowance became eligible for full Disability Allowance as a matter of right, subject only to the same conditions as apply to others. No changes have subsequently been introduced to these arrangements.

Social Welfare Appeals.

Pat Breen

Ceist:

327 Deputy Pat Breen asked the Minister for Social and Family Affairs when an appeal will be heard for a person (details supplied) in County Clare; and if she will make a statement on the matter. [3483/09]

The claim for jobseeker's allowance, by the person concerned, was refused by a Deciding Officer of the Department on 11 August 2008 as he did not satisfy the Habitual Residence conditions.

An appeal was opened on 26 August 2008 and I am advised by the Social Welfare Appeals Office, that in accordance with the statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of appeal.

The relevant documentation have been received and the case has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made.

The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

328 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the backlog in dealing with applications for contributory and non-contributory State pensions, one parent family allowance, unemployment benefit and assistance and carers and respite grants; and if she will make a statement on the matter. [3521/09]

The Department is committed to processing claims as expeditiously as possible having regard to the eligibility conditions which apply. At the end of December 2008 the numbers of claims being processed for the schemes mentioned were as follows:

Scheme

Claims being processed atend December 2008

State Pension (Contributory)

4,405

State Pension (Non Contributory)

1,415

State Pension (Transition)

1,632

One Parent Family Payment

4,593

Jobseeker’s Benefit

21,071

Jobseeker’s Allowance

24,529

Carer’s Allowance

3,569

Respite Care Grant

503

The processing of claims may involve, among other things, the need to establish the customer's social insurance record, verify medical conditions, establish a customer's identity or their place of habitual residence and assess means where appropriate.

Additional information or indeed information originally sought but not provided may also have to be requested from the customer. The figures for pension schemes include claims where a person's date of entitlement has not yet been reached.

The Department aims to process claims quickly and efficiently. In this regard there is a continued emphasis on providing staff with the necessary training and development to ensure they have the requisite knowledge and skills to carry out their work. Operational procedures, the organisation of work, and the allocation of staff resources continue to be reviewed and restructured to maximise the processing capability of the scheme areas.

An additional 31 staff were assigned to 15 local offices following a review of the number of staffing levels in local offices in May and June last year. Following a further review late last year, it was decided to put an extra 115 staff in place. 57 of these have already taken up work, while start dates have been agreed for a further 19 staff over the next two to three weeks. Work is on-going to complete the assignment of the remaining 39 staff as quickly as possible.

In order to maximise the number of people paid before Christmas, a temporary Central Decisions Unit was set up in Dublin City Centre for three weeks in December. Following on from the success of this initiative, four more such units are being set up in Dublin, Sligo, Finglas and Carrick-on-Shannon. Each unit will have 10 staff. In addition to this, a further 16 Social Welfare Inspectors are being assigned to various locations throughout the country to do means and other work associated with processing claims for jobseeker's payments.

Bernard J. Durkan

Ceist:

329 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the steps that have been taken to ensure the prompt provision of rent or mortgage support, having particular regard to the requirements of those finding themselves in need of such payments in the economic crisis; and if she will make a statement on the matter. [3523/09]

The supplementary welfare allowance scheme, which includes rent and mortgage interest supplement, is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE). The administration costs of the supplementary welfare allowance scheme, including rent supplement and mortgage interest supplement, are met by the Department while the operational arrangements for the processing of applications and the payment to qualifying individuals, is a matter for the respective community welfare division areas.

The issue of increased demand on existing resources is a matter for the HSE in the first instance to prioritise workloads and re-deploy resources where necessary so that frontline services are maintained. The department is committed to working closely with the HSE in ensuring effective delivery of the supplementary welfare allowance scheme and associated income support payments. It is open to the HSE at anytime to approach the department to review its allocation for staff costs associated with delivery of these services. However, the question of any increase in expenditure for staffing within the community welfare service above that currently provided would have to be considered in the context of overall Government policy on public service manpower levels.

Bernard J. Durkan

Ceist:

330 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if the number of recipients of family income supplement has increased in the past 12 months; the number of cases pending; and if she will make a statement on the matter. [3524/09]

The Family Income Supplement (FIS) is designed to provide support for people with families who are on low earnings. This preserves the incentive for them to remain in employment in circumstances where they might only be marginally better off than if they were claiming other social welfare payments. The number of FIS recipients has increased by almost 5,000 in the last 12 months. In December 2007 there were 22,823 FIS recipients while by the end of December 2008 there were 27,798 FIS recipients. There are currently about 2600 claims pending.

Questions Nos. 331 and 332 answered with Question No. 141.

Bernard J. Durkan

Ceist:

333 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if adequate provision has been made in her Department’s budget to meet in full the expected payment arising from increased unemployment levels; and if she will make a statement on the matter. [3527/09]

Bernard J. Durkan

Ceist:

334 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if her Department has adequately predicted and financially provided for the full extent of social welfare payments expected to arise in the course of 2009; and if she will make a statement on the matter. [3528/09]

I propose to take Question Nos. 333 and 334 together.

The vast bulk of expenditure by the Department of Social and Family Affairs is incurred on social welfare payments to individual recipients based on predetermined qualifying conditions and rates of payment. The expenditure, which is demand-led, is driven by a range of economic, social and demographic factors. There can also be complex interactions between schemes. The Estimates for the Department of Social and Family Affairs which were published with the 2009 Budget were based, in the main, on an analysis of trends as regards likely numbers of recipients and average value of payments in 2009. The estimates for Jobseeker's Benefit and Jobseeker's Allowance were based on the Department of Finance's prediction of an average Live Register of 290,000 for the year. Developments on the Live Register are being closely monitored by both Departments and the Estimate for Jobseeker's Benefit and Allowance will be reconsidered again in the context of the finalisation of the Revised Estimates Volume. The determination of the average Live Register figure to underpin the Estimate is the responsibility of the Department of Finance.

Question No. 335 answered with Question No. 131.
Question No. 336 answered with Question No. 106.

Bernard J. Durkan

Ceist:

337 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she will ease qualification requirements for the back to education allowance in view of the economic situation; and if she will make a statement on the matter. [3531/09]

The back to education allowance (BTEA) Scheme is designed to help those in receipt of a social welfare payment who have not worked for some time to improve their employability and job-readiness by acquiring educational qualifications. It is a recognition of the special difficulties which such persons can face when attempting to gain a foothold in the labour market. The allowance is paid at a standard weekly rate equivalent to the maximum rate of the relevant social welfare payment that qualifies the applicant for participation in the scheme. It essentially replaces their existing social welfare income and in addition an annual €500 cost of education allowance is payable.

To qualify for participation an applicant must be in receipt of a relevant social welfare payment and be at least 21 years of age prior to commencing an approved course of study. However, lone parents and persons in receipt of unemployment payments can qualify at 18 years of age provided they are out of formal education for at least 2 years. In general, an applicant must be in receipt of a relevant Social Welfare payment for 6 months if pursuing a second level course or 12 months if pursuing a third level course. In addition, the qualifying period for access to the third level option has been reduced to 9 months for persons who are participating in the National Employment Action Plan (NEAP) process, where a FÁS Employment Services Officer recommends pursuance of a third level course of study as essential to the enhancement of the individual's employment prospects. Also people who are awarded statutory redundancy may access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study. The requirement to be in receipt of a relevant social welfare payment for a minimum period has always been a feature of the BTEA scheme and is considered necessary to ensure that limited resources are directed at those most in need.

The current scheme has been subject to review and modification over the years to ensure it continues to support those people who are most distant from the labour market and whose need is greatest. The qualifying conditions will continue to be monitored in the context of the objectives of the scheme and the changing economic circumstances.

Departmental Expenditure.

Joe McHugh

Ceist:

338 Deputy Joe McHugh asked the Minister for Defence the annual financial savings that will be made for the State by the closures of Rockhill and Lifford Army barracks, County Donegal; if he will provide this information in account form; and if he will make a statement on the matter. [2978/09]

The closure of barracks and the consolidation of the Defence Forces formations into a smaller number of locations is a key objective of the White Paper on Defence. While the decision was made in the context of realising savings in the Defence budget, the decision was not purely a financial one. The consolidation process is designed to facilitate collective training and improved training standards, while also freeing up under-utilised resources and personnel for operational duties. The dispersal of personnel over an extended number of locations is a major impediment to essential collective training. It also imposes increased and unnecessary overheads on the Defence Forces in terms of barrack management, administration, maintenance and security. The current plan has been put together in close consultation and cooperation with the Defence Forces General Staff. It provides an overall package that will serve the needs of the Defence Forces into the future.

A detailed cost benefit was compiled by the Department on the overall package of consolidation proposals. The immediate costs which will be incurred in preparing the barracks to receive the troops will cost approximately €3.2million, against annual recurring savings estimated at €2.7 million. Over a three year period, with the disposal of the properties, the net benefit to the Defence Forces will amount to some €23.6 million. I am fully satisfied that the proposals are justified on cost grounds, on the contribution which receipts from the sale of the properties will make to Defence Forces equipment and infrastructure funding and on the basis of the qualitative benefits accruing in terms of Defence Forces training.

Public Order Offences.

Jimmy Deenihan

Ceist:

339 Deputy Jimmy Deenihan asked the Minister for Defence if he had recent discussions with the Minister for Justice, Equality and Law Reform regarding the possible use of the Defence Forces under their ATCP commitment in cases of serious public order circumstances; and if he will make a statement on the matter. [3037/09]

I have not had recent discussions with the Minister for Justice, Equality and Law Reform on this matter.

Irish Language.

Ciaran Lynch

Ceist:

340 Deputy Ciarán Lynch asked the Minister for Defence the cost to his Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if he will make a statement on the matter. [3407/09]

Since the introduction of the Official Languages Act 2003, my Department has spent a total of €34,394.54 in translation costs, required for implementing its provisions. As the printing costs for documents are not disaggregated into English language and Irish language costs, the specific costs of the Irish language element are unavailable.

Year

Translation Costs

2003

1,798.48

2004

10,631.54

2005

4,671.88

2006

2,653.77

2007

7,048.94

2008

7,550.34

Total

34,354.95

Ferry Services.

Joe McHugh

Ceist:

341 Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government if he will engage with the Northern Ireland First Minister, Mr. Robinson and Deputy First Minister, Mr. McGuinness, to ensure that the Lough Foyle and Lough Swilly ferry services are funded into the future; if his attention has been drawn to the fact that the contract for the service is up for renewal shortly and that the contractors are unwilling to renew it without an improvement in their terms; if his attention has been further drawn to the importance of the ferry services to the critical tourism corridor in north Ulster; and if he will make a statement on the matter. [3002/09]

I have no function in relation to the matters raised in the Question.

Tax Code.

Joe Carey

Ceist:

342 Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Government the rationale used to arrive at an across the board €200 tax imposed in budget 2009 on all second houses regardless of location, valuation, size or potential to yield rental income; and if he will make a statement on the matter. [3482/09]

The proposed charge on non-principal private residences is set at a relatively modest level and should not, therefore, give rise to concerns of equity in the context of those to whom it will apply.

It is intended that the charge should be as simple and straightforward to administer as possible. This is an important principle in the introduction of any new taxation measure.

Housing Aid for the Elderly.

Simon Coveney

Ceist:

343 Deputy Simon Coveney asked the Minister for the Environment, Heritage and Local Government if he will make funding available under the housing adaptation grant schemes for older persons and persons with a disability to Cork City Council; if reimbursements will be made to people who had to personally finance and carry out immediate works in 2008 when funding ran out; and if he will make a statement on the matter. [3016/09]

The Housing Adaptation Grant Schemes for Older People and People with a Disability are funded by 80% recoupment available from my Department together with 20% contribution from the resources of the local authority. Local authorities will be notified of their combined capital allocations for the operation of the Schemes in 2009, following the publication of the Revised Estimates for Public Services 2009.

In 2008, my Department made an initial combined capital allocation of €1,855,620 to Cork City Council for the operation of the Housing Adaptation Grant Schemes for Older People and People with a Disability. This was supplemented by a further Exchequer allocation of €300,000 in October 2008. It is a matter for each local authority to decide on the specific level of funding to be directed towards each of the schemes, from within the combined allocation notified to them by my Department, and to manage the operation of the schemes in their areas from within this allocation. In light of the heightened level of demand for grant aid following the introduction of the revised framework of grants in November, housing authorities have been requested to operate the grant schemes on a prioritised basis, with particular consideration to be given to applicants requiring adaptations to facilitate discharge from hospital or alleviate the need for hospitalisation in the future, and those applicants requiring improvement works to facilitate the continuance of care in their own homes.

Under the provisions of the Housing Adaptation Grant Schemes for Older People and People with a Disability, all applicants are advised that grant aid is not available in respect of any works which are undertaken without the prior written approval of the local authority.

Environmental Policy.

James Bannon

Ceist:

344 Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government if his removal of the national ban on incandescent light bulbs is an admission that his plans for the phasing out of such bulbs was rushed and ill thought in regard to health and safety implications; and if he will make a statement on the matter. [3024/09]

Inspired by my plans and those of other Member States, the European Commission accelerated its proposal in relation to an EU-wide phasing out of incandescent light bulbs. While the Commission's proposal, published in December 2008, is slightly later in terms of commencing the phase-out process, its overall scope is much broader than expected. If adopted and implemented as proposed, the Commission proposal obviates the need for any national measures either proposed, taken or under consideration in Member States, including the Irish proposal.

Rather than having to introduce domestic primary legislation, the elimination of inefficient incandescent light bulbs will now take place under the 2005 EU Ecodesign of Energy-Using Products Directive, and will now begin in September 2009.

Local Authority Housing.

Brian Hayes

Ceist:

345 Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local Government the position regarding regeneration projects (details supplied); the efforts he is taking to support these communities; and if he will make a statement on the matter. [3070/09]

The regeneration of Croke Villas and Dominick Street are two of a number of projects included in Dublin City Council's Housing Regeneration Programme. It is a matter for Dublin City Council to finalise the approach to progressing these projects and, subject to the outcome, to submit proposals to the Department for project approval and funding from within the annual housing allocation made available to the local authority.

Decentralisation Programme.

Paul Kehoe

Ceist:

346 Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government the status of the decentralisation to an area (details supplied); if there are vacancies which members of the public can apply for; and if he will make a statement on the matter. [3072/09]

The decentralisation of my Department's Headquarters (HQ) to Wexford (270 posts) is proceeding as planned. The construction of the Headquarters is expected to be completed and the building handed over to my Department by end March 2009. Following ICT and furniture fit-out, it will be ready for occupation from April 2009, with the transfer of staff taking place in phases during the April to June period.

The majority of posts have now been filled and the remaining posts will be filled by the transfer into the Department of civil servants currently serving in other Departments/office. It is not envisaged that any new competitions will be held to recruit staff for the Wexford office.

Grant Payments.

Dan Neville

Ceist:

347 Deputy Dan Neville asked the Minister for the Environment, Heritage and Local Government if he will issue payment due to a group (details supplied) in County Limerick. [3084/09]

I very recently approved funding under my Department's Capital Assistance Scheme for this project. Limerick County Council is responsible for the administration of the scheme and it is a matter for the Council to deal with any payment claims from the housing body in question.

Proposed Legislation.

Róisín Shortall

Ceist:

348 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government the position regarding amending legislation to ensure that the Private Residential Tenancies Board can make detailed information on landlords available to the Revenue Commissioners, allow automatic access by the Revenue Commissioners to the PRTB’s landlord database and provide for automatic reporting by the Private Residential Tenancies Board of new registrations to the Revenue Commissioners. [3099/09]

The Residential Tenancies Act 2004 allows for information held by the Private Residential Tenancies Board (PRTB) to be shared with the Revenue Commissioners on a case by case request basis.

The Public Accounts Committee, in its report Taxation of Rental Income Receipts published on 4 September 2008, recommended that the Residential Tenancies Act 2004 should be amended to enable the Revenue Commissioners to have full access to landlord records held by the PRTB for the purposes of enabling tax compliance checks.

My Department has accepted this recommendation and, in conjunction with the Attorney General's Office, is working on preparing the necessary amendment to the Residential Tenancies Act 2004. I hope to be in a position to table an appropriate amendment at Dáil Committee stage of the Housing (Miscellaneous Provisions) Bill 2008.

EU Directives.

Michael Noonan

Ceist:

349 Deputy Michael Noonan asked the Minister for the Environment, Heritage and Local Government if, under the terms of Article 17 of the European Communities (Good Agriculture Practice for the Protection of Waters) Regulations 2006, farmers are excluded from applying fertiliser within 250 m of a public water source; if compensation will be awarded to farmers for losses incurred arising from the exclusion; if exceptions will be made in certain circumstances; and if he will make a statement on the matter. [3137/09]

The EU Nitrates Directive aims to protect all waters against pollution from agricultural sources. Particular care is required for the protection of public health in the case of waters which serve as the source of drinking water. The European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006 and 2007 implement the Directive in Ireland and provide statutory support for good agricultural practice to protect waters against pollution from agricultural sources.

Article 17(2) of the Regulations includes a prohibition on the application to land of organic fertiliser or soiled water within specified distances from watercourses. In the case of drinking water abstraction points the specified distance for larger water supply schemes is 200 metres and for smaller supplies is 100 metres or 25 metres, depending on the size of the supply. These distances are measured from the actual abstraction point.

These prohibitions are necessary for the protection of sources of drinking water generally. However, in the case of specific abstraction points, Article 17(5)(a) of the Regulations provides that a local authority may, following consultation with the Environmental Protection Agency, specify an alternative distance following prior investigations and where the authority is satisfied that it is appropriate for the protection of waters being abstracted at that point. Compensation is payable where it is necessary for a local authority to acquire land.

Local Authority Staff.

Martin Ferris

Ceist:

350 Deputy Martin Ferris asked the Minister for the Environment, Heritage and Local Government if he will provide a list of all payments and bonuses to the director of services in each county council for 2008. [3187/09]

Salaries of Directors of Service are set out in the City and County Managers (Remuneration) (No. 2) Order 2008. The salary scale for a Director of Service, from the 1 of September 2008, is €93,231 increasing by annual increments to €110,183.

The Review Body on Higher Remuneration in the Public Sector (Part 2 of Report No. 38 of September 2000 dealing with Rewarding Exceptional Performance) recommended the introduction of a performance related awards scheme for Managers, Assistant City Managers and Directors of Service of local authorities. Accordingly, a scheme was introduced in 2003. The pool for performance awards is 10% of the pay bill for the group concerned. Individual participants may receive payments of up to 20% of pay. No decision has been made on performance awards for 2008.

Social and Affordable Housing.

Brian Hayes

Ceist:

351 Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local Government his plans for social housing and accommodation on land (details supplied) in Dublin 7; when funds will be released to fund this project; and if he will make a statement on the matter. [3189/09]

In June 2008 my Department issued approval to Dublin City Council to proceed to detailed design stage for a social housing project at the site referred to. My Department is currently awaiting Dublin City Council's detailed proposal for this project.

EU Directives.

Michael Ring

Ceist:

352 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government when he proposes to delete sections 23(7)(a) to (c) of the Wildlife Act 1976, as amended by the Wildlife (Amendment) Act 2000 (details supplied). [3336/09]

The amendments to Section 23(7) of the Wildlife Act 1976 referred to in the question were given effect by the European Communities (Natural Habitats) (Amendment) Regulations 2005.

EU Directives.

Michael Ring

Ceist:

353 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the location at which practical information on access to administrative and judicial review procedures is available to the public in accordance with Article 10a of Directive 85/337 as amended by 03/35/EC. [3381/09]

Directive 2003/35/EC concerning public participation in certain environmental decision-making procedures, requires the amendment of a number of consent systems pertaining to Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment.

While amendments to a number of consent systems remain outstanding, where those amendments have been completed, information regarding the relevant review procedures is set out in the implementing legislation. In relation to practical information on judicial review procedures, the Citizen's Information Board, and the services it provides are relevant, comprehensive information on judicial review procedures is available from the Citizens Information Service, www.citizensinformation.ie

Michael Ring

Ceist:

354 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the measures his Department will take to remedy a situation in view of the fact that obligations under directives (details supplied) have not been complied with here; and if he will make a statement on the matter. [3382/09]

The European Commission is currently in correspondence with my Department in respect of 28 cases relating to possible infringements of EU environmental legislation including the directives referred to in the question. These cases are at various stages of proceedings as listed in the following table.

Since taking up office, I have prioritised the resolution of issues arising from environmental infringement cases and my Department is working hard to resolve these cases as soon as possible. In this regard I welcome the decision by the Commission, on 29 January 2009, to close two long-standing nature protection cases that it had taken against Ireland under the European Union Habitats (92/43/EEC) and Birds (79/409/EEC) Directives.

Stage in Proceedings

Directive Number and General Reference for the main directive in each case

Article 226 Letter of Formal Notice

Article 226 Reasoned Opinion

Being Referred to the European Court of Justice

Before the European Court of Justice for a hearing or awaiting judgement

European Court of Justice Decision to be Implemented

Article 228 Letter of Formal Notice

Article 228 Reasoned Opinion

75/442/EEC the waste directive

2

1

0

1

0

1

0

76/464/EEC on dangerous substances in water

0

0

0

0

0

0

1

79/409/EEC on wild birds

0

0

0

0

1

0

0

79/923/EEC on the quality required of shellfish waters

0

0

0

0

0

1

0

80/68/EEC on groundwater

0

0

0

0

1

0

0

80/778/EEC on the quality of drinking water for human consumption

0

0

0

0

0

0

1

85/337/EEC on the assessment of the effects of certain public and private projects on the environment

1

0

1

0

2

0

0

91/271/EEC on urban waste water treatment

0

0

1

0

1

0

0

92/43/EEC on habitats

0

0

1

0

0

1

0

98/81/EC on the contained use of genetically modified micro-organisms

1

0

0

0

0

0

0

99/31/EC on landfill

0

1

0

0

0

0

0

2000/60/EC the water framework directive

1

0

0

0

0

0

0

2002/96/EC on waste electrical and electronic equipment

1

0

0

0

0

0

0

2001/42/EC on the assessment of the effects of certain plans and programmes on the environment

1

0

0

0

0

0

0

2003/35/EC on public participation in certain plans and programmes relating to the environment

0

0

0

1

0

0

0

2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage

0

0

0

1

0

0

0

2004/107/EC on Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air

0

1

0

0

0

0

0

2006/21/EC on the management of waste from extractive industries and amending Directive 2004/35/EC

1

0

0

0

0

0

0

2008/01/EC concerning integrated pollution prevention and control (codified version of 1996/61/EC)

1

0

0

0

0

0

0

Irish Language.

Ciaran Lynch

Ceist:

355 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the cost to his Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if he will make a statement on the matter. [3410/09]

In accordance with the Official Languages Act 2003 and the principles of Quality Customer Service, my Department is committed to providing quality services in Irish and/or bilingually to its customers.

As set out in the Department's Irish Language Scheme, a wide range of services and initiatives are implemented by my Department to support the provisions of the Official Languages Act 2003. These include publication in Irish and English of key strategy documents, reports, consultation documents, information leaflets, posters and advertisements; the provision of stationery and website material in Irish and English; the provision of Irish language training supports for staff, and the erection of signage and information displays in Irish and English across the Department's different office locations, national parks and nature reserves. The cost of providing the services in Irish is not recorded separately and its compilation would involve a disproportionate amount of time and work.

Social and Affordable Housing.

Joanna Tuffy

Ceist:

356 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the number of local authority direct starts, the number of Part V social rented units, the number of Part V affordable units, the number of voluntary and co-operative units, the number of voluntary units under Part V and the number of 1999 affordable initiative units completed by Meath County Council between 2004 and 2008; and if he will make a statement on the matter. [3449/09]

Details of activity on social and affordable housing programmes in County Meath for the years 2004 to 2007 and for the first two quarters of 2008 are set out in my Department's Housing Statistics Bulletins, copies of which are available in the Oireachtas library and on my Department's website at www.environ.ie. Data for quarters three and four of 2008 are currently being compiled, and will be made available on the Department's website as soon as they are finalised.

Local Authority Funding.

Enda Kenny

Ceist:

357 Deputy Enda Kenny asked the Minister for the Environment, Heritage and Local Government when and the way in which his Department will issue the previously allocated budget funding to local authorities for 2009; and if he will make a statement on the matter. [3468/09]

I assume the question is referring to the €935.2m in General-Purpose Grants from the Local Government Fund for 2009 which I allocated in October 2008. In general, payment of the allocated grants will be made to local authorities in quarterly tranches during 2009. Payment of the first 25% of the allocation was made to local authorities on 22 January 2009.

Fisheries Protection.

Simon Coveney

Ceist:

358 Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources the rationale for the decision to ban eel fishing here with the approval of the European Commission; the reasoning behind establishing a working group that did not include representatives from the eel fishing community, until strong representations were made from various fishery boards for their inclusion; the most recent eel stock survey data that are in his possession; and the way that compares to stock numbers over the past five years. [3123/09]

Recent scientific advice issued by the International Council for the Exploration of the Sea (ICES), indicated that the European eel fish stock is so depleted that it is now outside safe biological limits. Subsequently, the EU brought forward Council Regulation 1100/2007 establishing measures for the recovery of the stock of European eel. The purpose of the Regulation is to put in place a new framework for the protection and sustainable use of the stock of European eel and to achieve recovery of the stock to previous high levels.

A Working Group was established at the outset to prepare a National Eel Management Plan (EMP) as required under the Regulation. The Working Group comprised officials from the Departments and agencies responsible for providing advice on the management of the fishery, i.e. the Department of Communications, Energy and Natural Resources, the Department of the Environment, Heritage and Local Government, the Central and Regional Fisheries Boards, Marine Institute, Bórd Iascaigh Mhara, ESB and the National University of Ireland, Galway.

A detailed fact sheet was circulated to all interested parties by the Regional Fisheries Boards in March 2008 to advise of the approach being adopted to comply with the Regulation. The elected eel representatives on the Regional Fisheries Boards were kept informed by the fisheries boards' officials on progress towards preparation of the EMP. Conservation bye-laws were introduced in May 2008, which capped the number of licences and restricted the season. A public consultation was launched on the draft EMP from 1 August 2008. Information meetings were organised in each region by the Regional Fisheries Boards during the consultation period, which ended on 15 September 2008 and some 16 submissions were received. These were largely from eel fishermen representatives and, while acknowledging the decline in stocks, sought to continue fishing. A number of eel fishing representatives joined the Eel Working Group in October 2008.

Having considered the scientific and management advices the Working Group recommended a number of management measures in order to reach the targets set in the Regulation including closure of the commercial and recreational fishery from 2009. I am advised that surveys of eel stocks were undertaken by the Marine Institute (MI) throughout the 1960s into the mid 1990s. Eels were also recorded in the mixed stock surveys undertaken by the Central and Regional Fisheries Boards. The MI has funded in 2008, a multi-agency project to collate all available eel survey data into a national database which will support assessments of the stock into the future.

In order to inform decision making in the preparation of the EMPs, scientists developed a stock assessment model based on current best available data. This model was developed to estimate the historic quantity of silver eels being produced in the absence of human mortality and also to estimate current escapement and the impact of reductions in fishing and hydropower mortality on recovery time.

Current stock assessments were based on time series of juvenile recruitment, adjusted fisheries catch returns, estimates of turbine mortalities, silver eel escapements, sizes and growth rates of brown and silver eel. Graphs showing the outputs from the stock assessments are available in Section 5.2.4.4 "Summary of individual RBD Targets" in the draft Eel Management Plan, which can be found at www.dcenr.gov.ie.

The outputs from these stock assessments are, I understand, consistent with 2001-2007 observed data and when the last 25 years of poor recruitment is taken into account, it is clear that the adult eel stock in Irish waters will continue to decline for at least the next decade.

Housing Grants.

Billy Timmins

Ceist:

359 Deputy Billy Timmins asked the Minister for Communications, Energy and Natural Resources if there are grants available for the insulation of a house and for the replacement of windows in a house; and if he will make a statement on the matter. [3138/09]

Paul Connaughton

Ceist:

360 Deputy Paul Connaughton asked the Minister for Communications, Energy and Natural Resources when an application form in respect of the new house insulation grant will be made available to a person (details supplied) in County Galway; and if he will make a statement on the matter. [3434/09]

I propose to take Questions Nos. 359 and 360 together.

The improvement of energy efficiency in the building stock is one of the most cost effective ways of reducing emissions and energy bills and is a key Government priority as reflected in the significant funding provided in Budget 2009. Energy efficiency measures to tackle deficiencies in households will also support employment in the construction sector and the development of an energy services industry.

Experience of the pilot phase of the Home Energy Saving Scheme in 2008 has demonstrated that there is considerable demand for a support scheme for energy efficiency measures, not only among householders, but also among building energy rating assessors, product manufacturers, installers and other market players. Sustainable Energy Ireland (SEI) estimates that demand among householders across the country could well exceed 100,000 homes over the lifetime of the scheme. Homeowners can expect to save up to €700 on their energy bills if they implement the full suite of measures being proposed under the national scheme.

SEI is at present finalising the details for the national roll-out of the Home Energy Savings scheme and I intend to announce the details of the scheme shortly. While the pilot phase of the Scheme last year did not specifically include Galway, it will of course be included in the national scheme.

Olwyn Enright

Ceist:

361 Deputy Olwyn Enright asked the Minister for Communications, Energy and Natural Resources the progress made by the inter-departmental group on energy affordability; and if he will make a statement on the matter. [3539/09]

The Government is committed to protecting vulnerable consumers from the impact of high energy costs through a combination of institutional supports and investment in improving the energy efficiency of the housing stock. I am working closely with the Minister for Social and Family Affairs to deliver a fully cohesive approach across Government.

I established, last year, an Inter Departmental/Agency Group led by my Department and the Department of Social and Family Affairs, and which also includes the Departments of Finance, Taoiseach, Environment, Heritage and Local Government and Health and Children, the Commission for Energy Regulation, Sustainable Energy Ireland (SEI), ESB, BGÉ and the Institute of Public Health. The Group is also liaising with relevant groups and Agencies in Northern Ireland.

This intensive cooperation and coordinated working by all the relevant Departments, agencies and the utilities is ensuring the effective delivery of a comprehensive approach to addressing energy affordability. The Group has been conducting a series of meetings with representative groups and agencies including Age Action Ireland and Energy Action.

The group has finalised an advisory booklet to inform and assist those seeking advice about supports in relation to energy affordability. The booklet will be published this month alongside a new complementary website and will be widely disseminated. I have increased the 2009 funding for the Warmer Homes Scheme and secured further funding from ESB Customer Supply and BGÉ. At the request of the Group, SEI in consultation with ESB and BGÉ and other stakeholders, is reviewing the operation of the Warmer Homes Scheme with the aim of ensuring that maximum impact is delivered from the enhanced funding.

Energy Resources.

Enda Kenny

Ceist:

362 Deputy Enda Kenny asked the Minister for Communications, Energy and Natural Resources the amount of the €26 million grant for ocean energy research which has been released; the progress Sustainable Energy Ireland and the Marine Institute have had in developing ocean energy resources; if he is satisfied with the progress made to date and the rate of such progress; if his Department has received complaints from industry or from universities regarding supports for ocean energy research and development; and if he will make a statement on the matter. [2990/09]

The Government is giving high priority to supporting the development of Ireland's ocean energy potential. The multi annual Ocean Energy Package, which I launched last year, encompasses the establishment of the Ocean Energy Development Unit based in Sustainable Energy Ireland; the creation of a state-of-the-art National Ocean Energy facility in University College Cork; the development of a grid-connected wave energy test site off the west coast; the establishment of an Ocean Energy Prototype Fund; and the introduction of a new feed-in-tariff under the REFIT scheme for wave and tidal technologies of €220 per Megawatt Hour. I am pleased to confirm that all components of the package are under way and are being progressed as a priority, with the full involvement of stakeholders, by the Ocean Energy Development Unit.

Expenditure in 2008, at just over €1m, reflects the fact that each of the component measures was in the process of being established and I am advised that the full allocation of €7m in 2009 will be spent. My Department and the Ocean Energy Development Unit are working closely and constructively with all players to progress all dimensions of the Ocean Energy Package.

Telecommunications Services.

Billy Timmins

Ceist:

363 Deputy Billy Timmins asked the Minister for Communications, Energy and Natural Resources the position in relation to the provision of broadband to an area (details supplied); the person who is responsible for providing same; when it will be provided; and if he will make a statement on the matter. [3020/09]

The provision of broadband services is, in the first instance, a matter for the private sector. Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. Broadband services are available from competing service providers over multiple platforms, including DSL (telephone lines), cable, fixed wireless, and mobile. I understand that broadband is available in the Kilmacanogue area from a number of service providers.

Housing Grants.

Paul Nicholas Gogarty

Ceist:

364 Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources if he will introduce schemes to encourage the carrying out of energy efficiency audits on older housing stock, or for energy efficient retrofitting of houses with low energy efficiency performance; and if he will make a statement on the matter. [3114/09]

The Home Energy Savings Scheme operated on a pilot basis in 2008 and provided grants towards the cost of retrofitting energy efficiency improvement measures in older housing. I intend to announce the details of a national roll-out of the scheme shortly.

For households on low incomes, such as those in receipt of fuel allowance, invalidity or disability benefit, the Warmer Homes Scheme can also assist with retrofitting of energy efficiency improvement measures. This scheme arranges for the installation of measures free or at a nominal cost to the householder. The service is delivered principally through community based organisations. There are 20 such groups currently approved by Sustainable Energy Ireland (SEI). Applications for assistance under this Scheme should be made via the relevant community organisation, details of which can be found under the grants section of SEI's website (www.sei.ie/grants).

Ireland's Building Energy Rating (BER) scheme is recognised by the EU Energy End Use Efficiency and Energy Services Directive as an energy audit scheme. Since 1 January 2009, any person selling or leasing a house is obliged to have a BER assessment of the house carried out and present the BER certificate to any prospective buyer or tenant. However, any other person is also free to contract a BER assessor to rate the energy performance of their home and will benefit from the accompanying Advisory Report, which will assist them in identifying the investments they could make to lower their energy costs and reduce their carbon emissions.

Telecommunications Services.

Dinny McGinley

Ceist:

365 Deputy Dinny McGinley asked the Minister for Communications, Energy and Natural Resources when it is expected that broadband services will be available in the Bunaninver and Brinalack area of County Donegal; and if he will make a statement on the matter. [3135/09]

My Department has entered into a contract with "3", a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS). 3 will be required to provide services to all residences and businesses that are within the NBS area and who seek a service. 3 is currently planning the construction and roll-out of the required infrastructure for the purposes of the provision of the service. Challenging roll out targets have been agreed with 3. Services will begin to be rolled out in April 2009 and the entire NBS area must be covered by September 2010. Details of the areas to be covered by 3 under the NBS are available at www.three.ie/nbs. The Bunaninver and Brinlack area of County Donegal will be covered by the NBS.

Irish Language.

Ciaran Lynch

Ceist:

366 Deputy Ciarán Lynch asked the Minister for Communications, Energy and Natural Resources the cost to his Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if he will make a statement on the matter. [3405/09]

The implementation of the Irish Languages Act 2003 is an integral function of the day to day activities carried through in my Department.

As it is embedded in the administrative processes it is not possible, without a considerable allocation of resources, to easily disaggregate costs that may have been incurred.

Energy Regulation.

Róisín Shortall

Ceist:

367 Deputy Róisín Shortall asked the Minister for Communications, Energy and Natural Resources if he will amend legislation to compel the energy regulator to review and set electricity prices to customers on a quarterly basis rather than on an annual basis as at present. [3418/09]

Statutory responsibility for the regulation of electricity prices resides with the independent Commission for Energy Regulation (CER) under the Electricity Regulation Act as amended.

The Act is not prescriptive in terms of the methodology to be used by CER in its regulation of charges by ESB Customer Supply. The legislation does not, by definition, preclude the regulator reviewing electricity prices more frequently.

I have agreed with the CER that their fundamental review of energy tariff structures will be expedited this year in consultation with all stakeholders.

Telecommunications Services.

Dara Calleary

Ceist:

368 Deputy Dara Calleary asked the Minister for Communications, Energy and Natural Resources the district electoral divisions in County Mayo that are not part of the national broadband scheme; the reason they are not part of the scheme; and the details of the broadband service available in each of the these districts. [3473/09]

My Department has entered into a contract with "3", a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS). 3 will be required to provide services to all residences and businesses that are within the NBS area and who seek a service.

3 is currently planning the construction and roll-out of the required infrastructure for the purposes of the provision of the service. Challenging roll out targets have been agreed with 3. Services will begin to be rolled out in April 2009 and the entire NBS area must be covered by September 2010.

Details of the areas to be covered by 3 under the NBS are available at www.three.ie/nbs. The following table is a list of the electoral divisions (EDs) in County Mayo and it shows those that will and those that will not be covered by the NBS.

EU State Aid and competition rules govern how states can intervene in areas where there are existing service providers. Accordingly, the NBS, which was approved by the EU Commission, is prohibited from providing a service in served areas where to do so would give rise to an unacceptable level of market distortion. Accordingly, the NBS will not address certain EDs listed in the table herewith.

A list of service providers offering broadband services in any particular location is available at www.broadband.gov.ie.

ED Reference

Addergoole DED

157002

NBS

Aghagower North DED

157003

NBS

Aghagower South DED

157004

NBS

Aghamore DED

157005

NBS

Aillemore DED

157006

NBS

An Geata Mor Theas DED

157007

NBS

An Geata Mor Thuaidh DED

157008

NBS

Ardnaree North DED

157010

NBS

Attymass East DED

157012

NBS

Attymass West DED

157013

NBS

Ballinchalla DED

157019

NBS

Ballycastle DED

157022

NBS

Ballycroy North DED

157023

NBS

Ballycroy South DED

157024

NBS

Ballynagoraher DED

157028

NBS

Ballyovey DED

157029

NBS

Ballysakeery DED

157030

NBS

Bangor DED

157031

NBS

Barroosky DED

157032

NBS

Bekan DED

157033

NBS

Beldergmore DED

157034

NBS

Belmullet DED

157036

NBS

Bohola DED

157037

NBS

Brackloon DED

157038

NBS

Bunaveela DED

157040

NBS

Bundorragha DED

157041

NBS

Burriscarra DED

157043

NBS

Callow DED

157044

NBS

Cappaghduff DED

157045

NBS

Caraun DED

157046

NBS

Carrowmore DED

157047

NBS

Clare Island DED

157050

NBS

Clogher DED

157052

NBS

Clogher DED

157053

NBS

Cloghermore DED

157054

NBS

Cloonmore DED

157056

NBS

Coolnaha DED

157058

NBS

Coonard DED

157059

NBS

Corraun Achill DED

157060

NBS

Course DED

157061

NBS

Croaghmoyle DED

157062

NBS

Croaghpatrick DED

157063

NBS

Crossmolina South DED

157066

NBS

Cuildoo DED

157067

NBS

Culnacleha DED

157068

NBS

Dalgan DED

157069

NBS

Deel DED

157070

NBS

Derry DED

157071

NBS

Derryloughan DED

157072

NBS

Doocastle DED

157073

NBS

Dooega DED

157074

NBS

Drummin DED

157075

NBS

Erriff DED

157077

NBS

Fortland DED

157078

NBS

Garrymore DED

157079

NBS

Glenamoy DED

157080

NBS

Glencastle DED

157081

NBS

Glenco DED

157082

NBS

Glenhest DED

157083

NBS

Goolamore DED

157084

NBS

Hollymount DED

157085

NBS

Houndswood DED

157086

NBS

Islandeady DED

157087

NBS

Kilbeagh DED

157088

NBS

Kilcommon DED

157090

NBS

Kilfian East DED

157091

NBS

Kilfian South DED

157092

NBS

Kilfian West DED

157093

NBS

Kilgarvan DED

157094

NBS

Kilgeever DED

157095

NBS

Kilkelly DED

157096

NBS

Killala DED

157097

NBS

Killavally DED

157098

NBS

Killedan DED

157099

NBS

Kilmaclasser DED

157100

NBS

Kilmaine DED

157101

NBS

Kilmeena DED

157102

NBS

Kilsallagh DED

157104

NBS

Kilvine DED

157106

NBS

Knappagh DED

157107

NBS

Knock South DED

157109

NBS

Knockadaff DED

157110

NBS

Knocknalower DED

157111

NBS

Lackan North DED

157112

NBS

Lackan South DED

157113

NBS

Letterbrick DED

157114

NBS

Mayo DED

157118

NBS

Meelick DED

157119

NBS

Mount Falcon DED

157120

NBS

Muingnabo DED

157121

NBS

Muings DED

157122

NBS

Murneen DED

157123

NBS

Neale DED

157124

NBS

Newbrook DED

157125

NBS

Newport East DED

157126

NBS

Newport West DED

157127

NBS

Owenbrin DED

157128

NBS

Owennadornaun DED

157129

NBS

Portroyal DED

157131

NBS

Rathhill DED

157132

NBS

Rathoma DED

157133

NBS

Roslee DED

157134

NBS

Sallymount DED

157135

NBS

Sheskin DED

157136

NBS

Shrule DED

157137

NBS

Slievemahanagh DED

157138

NBS

Sonnagh DED

157140

NBS

Srahmore DED

157142

NBS

Tagheen DED

157145

NBS

Tawnynagry DED

157146

NBS

Toocananagh DED

157147

NBS

Tumgesh DED

157149

NBS

Achill DED

157001

Non-NBS

Ardagh DED

157009

Non-NBS

Ardnaree South Rural DED

157011

Non-NBS

Ardnaree South Urban DED

157154

Non-NBS

Balla DED

157014

Non-NBS

Ballina Rural DED

157015

Non-NBS

Ballina Urban DED

157016

Non-NBS

Ballinafad DED

157017

Non-NBS

Ballinamore DED

157018

Non-NBS

Ballindine DED

157020

Non-NBS

Ballinrobe DED

157021

Non-NBS

Ballyhaunis DED

157025

Non-NBS

Ballyhean DED

157026

Non-NBS

Ballyhowly DED

157027

Non-NBS

Bellavary DED

157035

Non-NBS

Breaghwy DED

157039

Non-NBS

Burren DED

157042

Non-NBS

Castlebar Rural DED

157048

Non-NBS

Castlebar Urban DED

157049

Non-NBS

Claremorris DED

157051

Non-NBS

Cloonkeen DED

157055

Non-NBS

Cong DED

157057

Non-NBS

Crossboyne DED

157064

Non-NBS

Crossmolina North DED

157065

Non-NBS

Emlagh DED

157076

Non-NBS

Kilcolman DED

157089

Non-NBS

Kilmovee DED

157103

Non-NBS

Kiltamagh DED

157105

Non-NBS

Knock North DED

157108

Non-NBS

Loughanboy DED

157115

Non-NBS

Louisburgh DED

157116

Non-NBS

Manulla DED

157117

Non-NBS

Pontoon DED

157130

Non-NBS

Slievemore DED

157139

Non-NBS

Sraheen DED

157141

Non-NBS

Strade DED

157143

Non-NBS

Swineford DED

157144

Non-NBS

Toomore DED

157148

Non-NBS

Turlough DED

157150

Non-NBS

Urlaur DED

157151

Non-NBS

Westport Rural DED

157152

Non-NBS

Westport Urban DED

157153

Non-NBS

Media Funding.

Bernard J. Durkan

Ceist:

369 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if he has made inquiries to ascertain if funding has been made available directly or indirectly through sponsorship or other form of financial support or patronage to the broadcasting or print media, public or private, from any source associated with euro scepticism; the basis or nature of such funding or support; if understandings, agreements or arrangements have been entered into; the basis on which they have been entered into; and if he will make a statement on the matter. [3511/09]

I have not made inquiries in relation to any of the matters raised by the Deputy insofar as they relate to broadcasting. I have no function in relation to the print media.

Garda Investigations.

Michael Creed

Ceist:

370 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the progress made on a Garda inquiry into a matter (details supplied); and if he will make a statement on the matter. [3164/09]

An Garda Síochána are continuing their investigation into the dioxin contamination incident that arose in a food recycling premises. My Department is assisting them in whatever manner required. They are also being assisted by other Agencies. I am not in a position to comment further.

Farm Waste Management Scheme.

Paul Kehoe

Ceist:

371 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the waiting times for inspections on a county basis under the farm waste management scheme; and if he will make a statement on the matter. [2991/09]

17,397 payment applications remain to be brought to final payment stage under the Farm Waste Management scheme in 2009, including those which have completed the inspection process in 2008. As all these applications are at different stages of finalisation, including those under query with the farmer, etc., it is not possible to determine an average waiting time for inspection in regard to each county.

However, my Department will endeavour to ensure that inspections are completed within the shortest time possible and has introduced revised arrangements to expedite the process.

Paul Kehoe

Ceist:

372 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food when farmers can expect to receive payment under the farm waste management scheme; if he will confirm that payment will be made in one single payment as opposed to a series of staged payments; and if he will make a statement on the matter. [2992/09]

The arrangements for payment of the grants due to farmers under the revised Farm Waste Management Scheme which closed for payment applications at the end of 2008 are currently under review.

Rural Environment Protection Scheme.

Michael Ring

Ceist:

373 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if new entrants are being accepted on to a scheme (details supplied). [3011/09]

Entry to REPS 4 continues to be available to eligible applicants.

Grant Payments.

Paul Connaughton

Ceist:

374 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when a slatted house grant will be awarded to a person (details supplied) in County Galway; and if he will make a statement on the matter. [3030/09]

The person named is an applicant for grant-aid under the Farm Waste Management Scheme. A decision will be made in respect of the application as soon as possible.

Seymour Crawford

Ceist:

375 Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Monaghan will be granted the farm waste management grant. [3036/09]

The person named is an applicant for grant-aid under the Farm Waste Management Scheme. A decision will be made in respect of the application as soon as possible.

Tom Sheahan

Ceist:

376 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) will receive the farm waste management grant. [3041/09]

The person concerned is an applicant under the Farm Waste Management Scheme. A decision will be made in respect of the application as soon as possible.

Tom Sheahan

Ceist:

377 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) will receive the farm waste management payment. [3042/09]

The person concerned is an applicant under the Farm Waste Management Scheme. A decision will be made in respect of the applications concerned as soon as possible.

Food Labelling.

Pat Breen

Ceist:

378 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when country of origin labelling will be displayed on all pork products sold here; and if he will make a statement on the matter. [3082/09]

The Minister for Health and Children has overall responsibility for the general food labelling legislation. Under the general labelling Directive (2000/13/EC), the place of origin of the foodstuff must be given only if its absence might mislead the consumer to a material degree. The European Commission is currently undertaking a major review of all food labelling legislation. In this context the Commission has prepared draft revised labelling regulations and these are being discussed at Council Working Party level in Brussels. These draft regulations will be submitted to the EU Council of Health ministers during 2009.

Notwithstanding the outcome of the current review on origin labelling my Department has taken steps to try to introduce origin labelling for meats other than beef, which is already subject to specific legislation since September 2000.

My Department, in conjunction with the Department of Health and Children, drafted regulations that would require the country of origin to be indicated on pigmeat, poultry and sheepmeat. This was notified to the EU Commission in December 2007 as required by legislation. The Commission was not prepared to adopt the draft regulations in their present format on the grounds that the proposed legislation is not in compliance with EU food labelling regulations. The Commission's main contention is that only harmonised rules with EU-wide applicability may be applied to food labelling other than in exceptional circumstances. In March, the EU Commission delivered a negative opinion on the regulations but afforded Ireland an opportunity to provide further information in support of them. In the meantime, the Department provided additional details, including the current misleading labelling practices and evidence of consumers' desire for country of origin labelling. However the EU Standing Committee on the Food Chain and Animal Health formally adopted the negative opinion in December 2008.

I will continue to pursue the question of labelling at EU level in the context of the current review. In the meantime products carrying the Bord Bia quality assurance label provide consumers with assurance on product origin.

Grant Payments.

Ned O'Keeffe

Ceist:

379 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food if an applicant (details supplied) in County Cork has been approved for payment. [3085/09]

If the application and plan submitted by the person named pass the administrative checks, his REPS 4 contract will have a starting date of 1 January 2009 and his first payment will be due when the administrative checks for all 2009 payments are completed towards the end of 2009.

Ned O'Keeffe

Ceist:

380 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food when payment of a grant scheme will issue to a person (details supplied) in County Cork. [3086/09]

The person named is an applicant for grant-aid under the Farm Waste Management Scheme. A decision will be made in respect of the application as soon as possible.

Ned O'Keeffe

Ceist:

381 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food when payment of a grant will issue to a person (details supplied) in County Cork; and if this payment is to be made in one lump sum or over a phased period of time. [3087/09]

The person named is an applicant for grant-aid under the Farm Waste Management Scheme. A decision will be made in respect of the application as soon as possible.

Michael Ring

Ceist:

382 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be granted a REP scheme four. [3092/09]

REPS 4 is a measure under the current Rural Development Programme 2007-13 and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before the first payments issue. The first payments for 2008 REPS 4 applications issued last week to those whose applications required no correction following the administrative checks. Further payments will continue to be made as applications are cleared. Queries have arisen during the administrative checks on the plan of the person named and it is currently under further examination.

Michael Ring

Ceist:

383 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be granted REPS 4. [3093/09]

My Department has no record of an application for REPS 4 from the person named. He received payment on 15 December 2008 for the third year of his REPS 3 contract.

Michael Ring

Ceist:

384 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be granted the farm waste management grant. [3094/09]

The person named is an applicant for grant-aid under the Farm Waste Management Scheme. A decision will be made in respect of the application as soon as possible.

Ned O'Keeffe

Ceist:

385 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food when payment of a scheme will issue to a person (details supplied) in County Cork. [3098/09]

The person named has 21 cows for payment processing under the scheme. Payments totalling €931.20 in respect of 12 animals have already issued. The remaining 9 animals are ineligible for payment at present, as their calves were moved from the holding to a mart on 2 September 2008, which was during the compulsory 4 weeks meal-feeding period prior to weaning. Although these animals were returned to the holding on the same date, my Department considers this to be a breach of the Terms and Conditions of the Suckler Welfare Scheme. The person named was written to on 23 October 2008 and informed that the 9 animals were ineligible for payment and given the right of appeal. A letter of appeal was received on 10 November 2008, and following contacts with the Suckler Herds Section of my Department in Portlaoise, further written explanation regarding the movement dated 2 September 2008 is awaited from the person named. Following receipt of this explanation, a final written decision will be made.

Departmental Funding.

Sean Sherlock

Ceist:

386 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the amount of money paid to a company (details supplied) in view of its closure following the restructuring of the sugar industry; and if he will make a statement on the matter. [3108/09]

In the context of the reform of the EU sugar regime in 2006, EU restructuring aid was made available where a sugar processor renounced sugar quota and undertook to dismantle the associated sugar production facilities. The amount of the aid available was based on the size of the quota involved. The sugar processor concerned had to implement a restructuring plan including social commitments in respect of former employees and environmental commitments related to factory dismantling and site remediation. At least 10% of the aid was reserved for former beet growers and specialized beet machinery growers.

Following its decision to renounce its entire sugar quota and close the sugar plant at Mallow, the company in question qualified for EU restructuring aid of €127m approximately under the relevant EU regulations and in accordance with a High Court ruling in the matter. The aid was paid in two instalments, in June 2007 and February 2008.

Common Agricultural Policy.

Andrew Doyle

Ceist:

387 Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the amount of unspent CAP funds of 2008 available to his Department; the criteria that he will use in providing funding from this source to vulnerable sectors; and his views on whether the poultry industry is vulnerable. [3118/09]

During the negotiations on the Health Check of the CAP I pressed very strongly for and was successful in getting agreement that Member States be allowed to use unspent Single Farm Payment funds for a range of measures including specific sectors in need of assistance. These funds which amount to approximately €29m will be available from 2010.

In addition I secured agreement for the early introduction of this provision in 2009 using funding available in the national reserve which in Ireland's case, amounts to approximately €7m. I have consulted widely with all stakeholders and a number of submissions have been received. These are currently being evaluated having due regard to the provisions of the Regulations and I will be announcing my decision shortly.

As regards the poultry sector, I appreciate that it faces a number of issues and these will be examined by the Poultry Expert Group. It is not, however, one of the sectors specified as in need of assistance under the EU Regulation.

Rural Development.

Andrew Doyle

Ceist:

388 Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the amount of money received in 2008 from compulsory modulation; and the percentage of this fund which has been used for projects in the rural environment. [3119/09]

Under the 2007-2013 Rural Development Programme modulated funds of €225.5m were included as an integral part of the overall funding available. Over the period of the programme the total allocation of funding of €5.778bn was based on three sources: EU co-funding €2.114bn, Modulation €0.225bn, Exchequer €3.439bn. In the year 2008 approximately €41m of modulated funds were included in the funding of the various support measures under the programme. The programme addresses three priorities, competitiveness, the environment and the wider rural economy, and encompasses the following main measures: REPS, Compensatory Allowances, Early Retirement, Installation Aid, Farm Modernisation.

Grant Payments.

Michael Ring

Ceist:

389 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be awarded their REPS 4 payment. [3131/09]

REPS 4 is a measure under the current Rural Development Programme 2007-13 and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before the first payments issue. The first payments for 2008 REPS 4 applications issued last week to those whose applications required no correction following the administrative checks. Further payments will continue to be made as applications are cleared. Queries have arisen during the administrative checks on the plan of the person named and it is currently under further examination.

Michael Ring

Ceist:

390 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be awarded a grant. [3132/09]

The person named is an applicant for grant-aid under the Farm Waste Management Scheme. My Department is currently examining the application and a decision will be made as soon as possible.

Pat Breen

Ceist:

391 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 47 of 30 October 2008, his views regarding the farm waste management scheme; when farmers can expect to receive payments under this scheme; and if he will make a statement on the matter. [3184/09]

The Farm Waste Management Scheme closed for the receipt of payment applications at the end of 2008 and 17,397 payment claims remain to be brought to final payment stage. My Department is endeavouring to ensure that all inspections and outstanding payments are completed within the shortest time possible.

Denis Naughten

Ceist:

392 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 407 of 9 December 2008, when the installation aid payment will be issued; and if he will make a statement on the matter. [3192/09]

The person concerned is an applicant under the Installation Aid Scheme. Further information has now been requested from the person concerned and his application cannot be further processed until this information is received.

Aquaculture Protection.

John O'Mahony

Ceist:

393 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the preventive measures in place, including licence conditions to minimise risk of the Pacific oyster gigas spawning and settling in high value bays and estuaries around the coast, particularly Natura 2000 sites and sites with indigenous native oyster beds; and if he will make a statement on the matter. [3193/09]

John O'Mahony

Ceist:

396 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the rapid action he is taking to halt the spread and to try to get the Pacific oyster under control in effected Natura 2000 sites in view of reports from local fishermen and the first study by Coastwatch in Lough Swilly, County Donegal demonstrating that the Pacific oyster is behaving as a typical invasive alien species and out competing native oyster species; the way local fishermen and other concerned knowledgeable stakeholders are being included in prevent and control plans and actions; and if he will make a statement on the matter. [3196/09]

I propose to take Questions Nos. 393 and 396 together.

The Pacific oyster (Crassostrea gigas) is included in Annex IV of Council Regulation (EC) 708/2007 concerning use of alien and locally absent species in aquaculture. Article 2(5) of the Regulation specifically exempts those species listed in Annex IV from the provisions of the Regulation, with the exceptions of articles 3 and 4. The justification of exempting the Pacific Oyster from the general provisions of the Regulation is that it has been in production for many years, has been moved from jurisdiction to jurisdiction and until recently has had very limited recruitment in many EU Member States.

Article 4 requires Member States to ensure that all appropriate measures are taken to avoid adverse effects to biodiversity, and especially to species, habitats and ecosystem functions which may be expected to arise, inter alia, from the spreading of alien and locally absent species into the wild. My Department is advised that, to date, there is little evidence that any decline in Native Oyster numbers have been linked with the presence of the Pacific Oyster although it is accepted that recruitment has been recently documented in Ireland.

In order to assist in determining the future potential risk of widespread proliferation of the Pacific Oyster in Ireland the Marine Institute is funding a research study to document the level of reproductive effort of oysters grown on the seabed compared with the more traditional culture methods for this species. This study is expected to be completed by September 2010. The results of this study can be used to inform any actions that may be required to prevent and control movement of the Pacific Oyster.

Aquaculture Licences.

John O'Mahony

Ceist:

394 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food his views on whether licensed dredging activities in Lough Swilly, County Donegal, are damaging the native oyster and that failure to ensure an adequate impact assessment before the automatic renewal of the licence has contributed to the decline in oyster stocks; and if he will make a statement on the matter. [3194/09]

An application to renew an aquaculture licence in Lough Swilly is under consideration by my Department. In considering an application for an aquaculture licence, including an application to renew an aquaculture licence, the licensing authority must consider:

the potential impacts on safety and navigation,

the ecological impacts on wild fisheries, natural habitats, flora and fauna,

the suitability of the waters,

the other beneficial uses of the place or waters,

the likely effects on the economy of the area, and

the statutory status under European legal frameworks of the area under application.

Section 16 of the Fisheries (Amendment) Act 1997 provides that the licensee shall, by virtue of, but subject to the conditions of, the licence and the requirements of any regulations made under section 71, have the exclusive right to do within the boundaries or limits specified in the licence activity authorised by the licence or necessary or expedient to conduct the operations specified in the licence.

Last year my Department was notified by the EU Commission of a complaint regarding alleged damage through dredging to the Natura 2000 site in Lough Swilly. My Department investigated the complaint and concluded that the activity in question was a legitimate use of a licensed aquaculture site by the licence holder. My Department's response was communicated to the EU Commission and the complainant.

John O'Mahony

Ceist:

395 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food if he will confirm that there was no appropriate assessment undertaken for licence renewals given to all aquaculture operators who reapplied for licences they held when the Fisheries (Amendment) Act 1997 was amended to include section 101 of the Sea Fisheries and Maritime Jurisdiction Act 2006; his views on whether failure to incorporate assessment procedures into licence renewals undermines conservation procedures; and if he will make a statement on the matter. [3195/09]

In accordance with section 19A(4) of the Fisheries (Amendment) Act 1997 (as inserted by section 101 of the Sea-Fisheries and Maritime Jurisdiction Act 2006) a licensee who has applied for the renewal or further renewal of an aquaculture licence shall, notwithstanding the expiration of the period for which the licence was granted or renewed but subject otherwise to the terms and conditions of the licence, be entitled to continue the aquaculture or operations in relation to aquaculture authorised by the licence pending the decision on the said application.

Section 61 of the Fisheries (Amendment) Act 1997 requires that the licensing authority, in considering all applications for aquaculture licences, considers, inter alia, the likely ecological effects of the aquaculture or proposed aquaculture on wild fisheries, natural habitats and flora and fauna, and the effect or likely effect on the environment generally in the vicinity of the place or water on or in which that aquaculture is or is proposed to be carried on.

In addition my Department is in consultation with the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government and the EU Commission to agree future procedures to ensure that all applications for aquaculture licences are fully compliant with the requirements of the EU Birds and Habitats Directives. €1.46 million has been set aside specifically to support compliance of fisheries and aquaculture with respect to activities in Natura 2000 sites.

Question No. 396 answered with Question No. 393.

Food Labelling.

Joe Carey

Ceist:

397 Deputy Joe Carey asked the Minister for Agriculture, Fisheries and Food if he will provide commitment and date when country of origin labelling will be introduced into law for the white meat sectors together with effective policing procedures; and if he will make a statement on the matter. [3337/09]

The Minister for Health and Children has overall responsibility for the general food labelling legislation. Under the general labelling Directive (2000/13/EC), the place of origin of the foodstuff must be given only if its absence might mislead the consumer to a material degree. The European Commission is currently undertaking a major review of all food labelling legislation. In this context the Commission has prepared draft revised labelling regulations and these are being discussed at Council Working Party level in Brussels. These draft regulations will be submitted to the EU Council of Health ministers during 2009. Notwithstanding the outcome of the current review on origin labelling my Department has taken steps to try to introduce origin labelling for meats other than beef, which is already subject to specific legislation since September 2000.

Regarding the labelling of poultry meat, there are EU Regulations, which provide for the labelling of unprocessed poultry meat at retail level. The Regulations require such poultry meat to be labelled with the information regarding class, price, condition, registered number of slaughterhouse or cutting plant and, where imported from a Third Country, an indication of country of origin.

My Department, in conjunction with the Department of Health and Children, drafted regulations that would require the country of origin to be indicated on pigmeat, poultry and sheepmeat. This was notified to the EU Commission in December 2007 as required by legislation. The Commission was not prepared to adopt the draft regulations in their present format on the grounds that the proposed legislation is not in compliance with EU food labelling regulations. The Commission's main contention is that only harmonised rules with EU-wide applicability may be applied to food labelling other than in exceptional circumstances. In March, the EU Commission delivered a negative opinion on the regulations but afforded Ireland an opportunity to provide further information in support of them. In the meantime, the Department provided additional details including the current misleading labelling practices and evidence of consumers' desire for country of origin labelling. However the EU Standing Committee on the Food Chain and Animal Health formally adopted the negative opinion in December 2008.

We will continue to pursue this issue at EU in the context of the current review. In the meantime products carrying the Bord Bia quality assurance label provide consumers with assurance on product origin. The Food Safety Authority has overall responsibility for the enforcement of food labelling legislation in Ireland. This is done through service contracts with the relevant authorities.

Grant Payments.

Martin Ferris

Ceist:

398 Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food when he will make full payment of the farm waste management scheme. [3363/09]

The arrangements for payment of the grants due to farmers under the revised Farm Waste Management Scheme which closed for the receipt of payment applications at the end of 2008 are currently under review.

Willie Penrose

Ceist:

399 Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food if he will take steps to review a decision not to award a grant to a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [3392/09]

In December last I announced ex-gratia payments to a number of animal welfare organisations involved in the delivery of animal care. In order to be considered for such payments, animal welfare organisations were required to fulfil a number of conditions including the completion of a standard application form. Advertisements inviting applications for funding were placed in the national press in July 2008 and details were also posted to my Department's website.

While the person concerned submitted some documentation to my Department in connection with ex-gratia funding, a completed application form was not received. My Department was in contact with the person concerned by phone, email and by letter on this matter between September and December 2008 but despite this the person concerned did not submit an application form for funding and therefore it was not possible for my Department to make an assessment for funding.

If my Department is in a position to provide ex-gratia funding to animal welfare organisations in 2009 and if the person concerned submits an application for funding at the appropriate time, it will be considered in the light of resources available and having regard to competing claims submitted by other animal welfare bodies and providing all eligibility criteria is fulfilled.

Information Request.

Niall Collins

Ceist:

400 Deputy Niall Collins asked the Minister for Agriculture, Fisheries and Food if he will supply information (details supplied); and if he will make a statement on the matter. [3400/09]

The information requested by the Deputy will be forwarded to him as soon as possible.

Grant Payments.

John Perry

Ceist:

401 Deputy John Perry asked the Minister for Agriculture, Fisheries and Food when the REPS 4 scheme payment will be made to a person (details supplied) in County Sligo; if he will ensure that payment is made as a matter of urgency in view of financial difficulties; and if he will make a statement on the matter. [3401/09]

REPS 4 is a measure under the current Rural Development Programme 2007-13 and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before the first payments issue. The first payments for 2008 REPS 4 applications issued last week to those whose applications required no correction following the administrative checks. Further payments will continue to be made as applications are cleared.

Queries have arisen during the administrative checks on the plan of the person named and it is currently under further examination.

Farm Inspections.

Phil Hogan

Ceist:

402 Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 1315 of 27 January, 2009, if he will supply the information requested; and if he will make a statement on the matter. [3402/09]

The person concerned is an applicant under the Farm Waste Management Scheme. My Department is currently examining the application and will carry out the farm inspection concerned as soon as possible.

Irish Language.

Ciaran Lynch

Ceist:

403 Deputy Ciarán Lynch asked the Minister for Agriculture, Fisheries and Food the cost to his Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if he will make a statement on the matter. [3403/09]

The table below shows the translation and printing costs of implementing the Official Languages Act 2003:

Year

Amount

2005

19,641.05

2006

44,430.91

2007

40,171.94

2008

49,737.63

Total

153,981.53

Grant Payments.

Paul Connaughton

Ceist:

404 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason a hardship grant has not been awarded in view of the fact that reactors were found in a herd belonging to a person (details supplied) in County Galway; and if he will make a statement on the matter. [3435/09]

The Hardship Grant Scheme 2008/2009 is aimed at assisting eligible owner/keepers(s) whose herds continue to be restricted during the period 1 November to 20 April following a reactor re-test. Payment is also subject to compliance with other terms and conditions of the scheme, including those relating to off-farm income, buying-in of cattle etc.

In the case of the person concerned, the holding was restricted on 18 September 2008, following which one animal was removed and valued under the On Farm Market Valuation Scheme. An application under the Hardship Grant Scheme was received by my Department on 28 October 2008 but, since the full herd reactor re-test was not carried out until 16 January 2009, eligibility of the herdowner for payment could not be considered before that date. His eligibility will now be assessed and, if he is found to be in compliance with the terms and conditions of the scheme, payment will issue shortly after 16 February, in accordance with normal practice.

Installation Aid Scheme.

Paul Connaughton

Ceist:

405 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food if young farmers who had their farms transferred to them but had not applied for the installation aid grant will have their cases examined in the near future; and if he will make a statement on the matter. [3436/09]

Only fully completed applications made under the Young Farmers' Installation Scheme and received up to and including 14 October 2008 are being processed by my Department at present.

Due to budgetary constraints, I am not in a position at present to re-consider the decision to suspend entry to the Scheme.

Paul Connaughton

Ceist:

406 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the fact that a person (details supplied) in County Galway had inherited the farm from their father and was in the process of making application for the installation aid for young farmers when the scheme was withdrawn; if cases such as this are being examined in his Department; and if he will make a statement on the matter. [3440/09]

Only fully completed applications made under the Young Farmers' Installation Scheme and received up to and including 14 October 2008 are being processed by my Department at present.

Due to budgetary constraints, I am not in a position at present to re-consider the decision to suspend entry to the Scheme.

Pigmeat Sector.

Michael Ring

Ceist:

407 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when all of a fund will be awarded to a group of people (details supplied); if both categories have been awarded; and when they will be awarded. [3480/09]

The agreement concluded with pigmeat processors in December provides 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. The agreement covers both large and small processors. The details of the scheme have been published on my Department's website and final payments will be effected without delay once the relevant conditions have been satisfied. Interim payments of €36 million were made in December. My Department hopes to be in a position to make further payments shortly.

Schools Building Projects.

Seán Barrett

Ceist:

408 Deputy Seán Barrett asked the Minister for Education and Science when work will commence on the rebuilding of the main building of a school (details supplied) in County Dublin, the design for which has been completed by his Department since 2007; and if he will make a statement on the matter. [2995/09]

The proposed building project to which the Deputy refers is at an early 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.

Special Educational Needs.

Paul Kehoe

Ceist:

409 Deputy Paul Kehoe asked the Minister for Education and Science if there is additional assistance with tuition available to a person (details supplied); and if he will make a statement on the matter. [2997/09]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENO), for allocating resource teachers and special needs assistants to schools to support children with special needs. The precise level of additional support, if any, for the child in question would be determined by the SENO and would depend on a number of factors including the extent of the assessed needs, whether these needs are significantly impacting on the child's ability to learn in school and the level of support already available in the school. The NCSE operates within my Department's criteria in allocating such support.

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 Refurbishment.

Paul Kehoe

Ceist:

410 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. [2998/09]

There is no record in my Department of a further application for funding under the Summer Works Scheme (SWS) from the school in question. Applications under the 2005, 2006 and 2007 schemes were approved for the school.

It is my intention to have a Summer Works Scheme in 2009. The details of the operation of the scheme and the level of funding to be made available are currently being considered.

Disadvantaged Status.

Enda Kenny

Ceist:

411 Deputy Enda Kenny asked the Minister for Education and Science the difference in value to a school given the designation of urban DEIS as distinct from rural DEIS; the funding, resources and facilities available to a rural school as opposed to an urban school; the cost of each scheme for the past five years; the criteria set out for each designation; and if he will make a statement on the matter. [3001/09]

DEIS (Delivering Equality of Opportunity in Schools), the action plan for educational inclusion, provides for a standardised system for identifying levels of disadvantage and an integrated School Support Programme (SSP). DEIS brings together and builds upon a number of existing interventions in schools with concentrated levels of disadvantage.

The process of identifying schools for participation in DEIS was managed by the Educational Research Centre (ERC) on behalf of the Department and supported by quality assurance work co-ordinated through the Department's regional offices and the Inspectorate. There are 876 schools in DEIS. These comprise 673 primary schools (199 Urban Band 1, 141 Urban Band 2 and 333 Rural) and 203 second-level schools.

The ERC's overall approach was guided by the definition of educational disadvantage in the Education Act (1998), as: ". . . the impediments to education arising from social or economic disadvantage which prevent students from deriving appropriate benefit from the education in schools".

In the primary sector, the identification process was based on a survey carried out by the ERC in May 2005, from which a response rate of more than 97% was achieved. The analysis of the survey returns from primary schools by the ERC identified the socio-economic variables that collectively best predict achievement, and these variables were then used to identify schools for participation in the School Support Programme. The variables involved were:

% unemployment,

% local authority accommodation,

% lone parenthood,

% Travellers,

% large families (5 or more children),

% pupils eligible for free books.

The identification process was in line with international best practice and had regard to and employed the existing and most appropriate data sources available. Primary schools serving rural communities including towns with populations below 1500 are designated as rural.

In relation to the supports available under the DEIS programme, the following supports are available to both urban and rural DEIS schools:

additional non-pay/capitation allocation based on level of disadvantage.

financial allocation under the School Books Grant Scheme.

access to the School Meals Programme.

access to Home, School, Community Liaison services or access to Rural Co-ordinator.

access to planning supports.

In addition to this, urban DEIS schools also benefit from:

reduced class size of 20:1 in junior classes and 24:1 in senior classes (Band 1 urban schools only);

allocation of administrative principal on lower enrolment and staffing figures than apply in primary schools generally;

access to literacy/numeracy supports such as Reading Recovery, First Steps, Maths Recovery;

access to the School Completion Programme.

A new streamlined model for allocating financial supports was devised in 2006 which took account of level of disadvantage and relevant financial supports already in place and replaced all other models of grants paid to schools under previous disadvantaged programmes.

The grants paid per eligible pupil are based on schools' level of disadvantage relative to other schools as identified by the new DEIS identification process. The same rate of grant is paid in respect of each eligible pupil in both DEIS Urban and DEIS Rural schools.

For the 2008/2009 school year, urban DEIS schools received DEIS grants totalling €8.66 million and rural DEIS schools were in receipt of DEIS grants totalling €1.86 million.

For the 2007/2008 school year, urban DEIS schools received DEIS grants totalling €8.3 million and rural DEIS schools were in receipt of DEIS grants totalling €1.84 million.

For the 2006/2007 school year, urban DEIS schools received DEIS grants totalling €7.06 million and rural DEIS schools were in receipt of DEIS grants totalling €1.5 million.

Schools Building Projects.

Pádraic McCormack

Ceist:

412 Deputy Pádraic McCormack asked the Minister for Education and Science the position regarding the provision of a new secondary school (details supplied) in County Galway, at the location of the second level community school; and if he will make a statement on the matter. [3008/09]

The project to which the Deputy refers is currently at an advanced stage of architectural planning.

The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, 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.

Simon Coveney

Ceist:

413 Deputy Simon Coveney asked the Minister for Education and Science the position in relation to a school (details supplied) in County Cork; if previous assurances in relation to timescale and commencement of building time are accurate; and if he will make a statement on the matter. [3025/09]

A project to provide a new building for the school to which the Deputy refers is in the early stages of architectural planning. In this regard, a revised stage 2A submission (Developed Sketch Scheme) has been received in my Department and is currently being examined.

The further progression of this project, in common with all large scale projects, will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. This position has been articulated to the school authority at all times.

Simon Coveney

Ceist:

414 Deputy Simon Coveney asked the Minister for Education and Science the progress made in relation to a school (details supplied); the timescale for the commencement of building on site for the school; and if he will make a statement on the matter. [3026/09]

Officials of my Department recently met with representatives of the School to which the Deputy refers and agreed to progress the design of the proposed project.

The Department is currently considering the most appropriate method of procurement of this project and will be in contact shortly with the school authorities in this regard. Progression of the project will be considered in the context of the multi-annual school building programme.

Site Acquisitions.

Pádraic McCormack

Ceist:

415 Deputy Pádraic McCormack asked the Minister for Education and Science the position regarding the provision of a site for a school (details supplied) in County Galway; and if he will make a statement on the matter. [3031/09]

I wish to advise the Deputy that the Office of Public Works (OPW) which acts generally on behalf of the Department to acquire sites for schools was asked to source a site for the school in question. On foot of advertisements a number of proposals were received and a technical assessment of the proposed sites was conducted.

The further progression of the site acquisition will have to be considered in the context of the capital budget available to my Department for school buildings generally. In light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the acquisition of the site at this time.

School Enrolments.

Finian McGrath

Ceist:

416 Deputy Finian McGrath asked the Minister for Education and Science if he will support the case of a person (details supplied) in Dublin 3. [3050/09]

The question of enrolment in individual schools is the responsibility of the managerial authority of those schools and the Department does not seek to intervene in decisions made by schools in such matters. The Department's main responsibility is 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.

It is the responsibility of the managerial authorities of schools to implement an enrolment policy in accordance with the Education Act, 1998. In this regard a Board of Management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.

In 1993, the Department issued a circular (M 51/93) to post-primary schools, advising of a memorandum of agreement between the Department and the post-primary schools managerial association, that selection for the purposes of enrolment based on academic ability should be discontinued.

Under section 15(2)(d) of the Education Act 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the right of parents to send their children to a school of the parents choice are respected.

Section 29 of the Education Act 1998, provides parents with an appeal process where a Board of Management of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of Education Act 1998 to appeal that decision to either the relevant Vocational Educational Committee or to the Secretary General of my Department. In the case of the latter, only where an appeal under Section 29 is upheld can the Secretary General of my Department direct a school to enrol a pupil.

The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The NEWB advises parents to apply to more than one school in order to assist in securing a school placement. The Board can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700.

Higher Education Grants.

Finian McGrath

Ceist:

417 Deputy Finian McGrath asked the Minister for Education and Science if he will support a person (details supplied) in Dublin 15. [3057/09]

The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.

If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of 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 assessing authority, 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.

School Staffing.

Finian McGrath

Ceist:

418 Deputy Finian McGrath asked the Minister for Education and Science if he will support a matter (details supplied). [3058/09]

Details of the job-sharing scheme are set out in my Departments circular letter 18/98. This scheme has not been withdrawn and there have been no recent amendments to this circular letter. Under this scheme, the decision to approve an application for job-sharing is a matter for the authorities of the employing school.

School Accommodation.

Brian Hayes

Ceist:

419 Deputy Brian Hayes asked the Minister for Education and Science his plans to provide alternative permanent school premises for a school (details supplied) in Dublin 7 during the short to medium term; if he will confirm that this school will move into the Grangegorman Dublin Institute of Technology site in the first wave of new buildings; and if he will make a statement on the matter. [3068/09]

My Department is exploring the possibility of the relocation, on a temporary basis, of the school in question to an alternative site from the academic year beginning September 2009. The Department is liaising with the school, who are aware of the proposal.

The progression of all large scale building projects from initial design through to construction phase is considered on an ongoing basis in the context of my Department's Multi-Annual Building and Modernisation Programme. In light of the current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the completion of this project at this time.

Vocational Education Committees.

Brian Hayes

Ceist:

420 Deputy Brian Hayes asked the Minister for Education and Science the amount spent on the administration of all vocational educational committees here, that is the amount spent on the administration of the bodies as distinct from the schools under the control of the VEC’s; the number of VEC’s here; and if he will make a statement on the matter. [3079/09]

There are 33 vocational education committees (VECs) established under, and governed according to, the Vocational Education Acts, 1930 to 2001. Each VEC is a statutory body with its own corporate status.

Financial allocations are made to the VECs as part of a block grant. VECs are given a high level of autonomy in the management and appropriation of their budgets and each VEC is allowed to distribute its allocations in line with its priorities and perceptions of need. Accordingly, my Department does not have available to it a detailed breakdown of the distribution of funds by VECs across their schools and head offices.

However, I can inform the Deputy that VECs spent approximately €58.5 million on what is termed administration pay in 2008. I should clarify for the Deputy that this figure does include an element of expenditure on the pay of secretaries in VEC schools.

Schools Building Projects.

Brian Hayes

Ceist:

421 Deputy Brian Hayes asked the Minister for Education and Science the progress his Department is making in the provision of a new school building (details supplied) in Dublin 7; and if he will make a statement on the matter. [3097/09]

Officials from my Department met with the City Council and representatives of the GAA club on the 23 January 2009 to discuss the issue of entering into a lease arrangement with the City Council which in time will require the GAA club to surrender its interest on some of the lands required for a building project. My Department has confirmed its intention, as sought by the local authority, to enter into negotiations in relation to the terms of a lease for the lands required.

James McDaid

Ceist:

422 Deputy James McDaid asked the Minister for Education and Science the status of a school (detail supplied) in County Donegal in relation to its school building programme application. [3109/09]

The school to which the Deputy refers has applied to my Department for capital funding for a large scale project. The project is currently awaiting the appointment of a Design Team. The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the level of demand on the Department's capital budget currently, it is not possible to give an indicative timeframe for the progression of the project at this time.

James McDaid

Ceist:

423 Deputy James McDaid asked the Minister for Education and Science the status of a school (details supplied) in County Donegal in relation to its school building application. [3110/09]

The project to which the Deputy refers is currently at an early stage of architectural planning. The progression of all large scale building projects, including this project, from initial design stage through to construction 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.

James McDaid

Ceist:

424 Deputy James McDaid asked the Minister for Education and Science the status of a school (details supplied) in County Donegal in relation to their school building application. [3111/09]

The school to which the Deputy refers has applied to my Department for capital funding for a large-scale extension project. The project is currently awaiting the appointment of a Design Team.

The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the level of demand on my Department's capital budget, it is not possible to give an indicative timeframe for the progression the project at this time.

James McDaid

Ceist:

425 Deputy James McDaid asked the Minister for Education and Science the status of a school (details supplied) in County Donegal regarding its school building application. [3112/09]

The project to which the Deputy refers is currently 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 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.

James McDaid

Ceist:

426 Deputy James McDaid asked the Minister for Education and Science the status of a school (details supplied) in County Donegal. [3113/09]

The project to which the Deputy refers is currently 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 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.

Seymour Crawford

Ceist:

427 Deputy Seymour Crawford asked the Minister for Education and Science the progress made regarding the building programme for a national school (details supplied) in County Cavan in which the prefabs have been in place since 1972; his views on whether it would be better to supply a properly built building for this school thus giving employment rather than replacing the existing prefabs with expensive leased prefabs; and if he will make a statement on the matter. [3167/09]

The school to which the Deputy refers has applied to my Department for capital funding for a large scale project. The long term accommodation requirements of the school have been determined. The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the overall level of demand on the Department's capital budget, it is not possible to give an indicative timeframe for the progression of the project at this time.

Seymour Crawford

Ceist:

428 Deputy Seymour Crawford asked the Minister for Education and Science the situation regarding the building programme at a school (details supplied) in County Monaghan; his views on whether this project is a priority in view of the fact that it is the only college of its kind in the country with a national primary road running through its campus as well as the fact that the building above the road is completely out of date, cold and damp; and if he will make a statement on the matter. [3168/09]

The project to which the Deputy refers is currently at an early stage of architectural planning. The progression of all large scale building projects, including this project, from initial design stage through to construction 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.

Seymour Crawford

Ceist:

429 Deputy Seymour Crawford asked the Minister for Education and Science the position regarding the upgrading and extension to a school (details supplied) in County Monaghan which has been long promised and needed; and if he will make a statement on the matter. [3169/09]

The project to which the Deputy refers is currently at an early stage of architectural planning. The progression of all large scale building projects, including this project, from initial design stage through to construction 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.

Seymour Crawford

Ceist:

430 Deputy Seymour Crawford asked the Minister for Education and Science if he will take immediate steps to deal with the serious and unacceptable situation at a school (details supplied) in County Cavan; and his views on whether it is unacceptable and dangerous that a leaking roof is dripping directly on worktops in the home economics rooms and that if this was a food related industry it would be closed immediately. [3170/09]

A large scale project at the school to which the Deputy refers is at an early stage of architectural planning. The progression of all large scale building projects, including this project, from initial design stage through to construction 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.

My Department is currently considering an application from the school for emergency funding to deal with some of the problems referred to by the Deputy. A decision on this application will be conveyed to the school in due course.

Seymour Crawford

Ceist:

431 Deputy Seymour Crawford asked the Minister for Education and Science the progress made towards the restructuring and extension of a national school (details supplied) in County Cavan; his views on the fact that this school got the go ahead in April 2007 but nothing has happened since; his further views on the fact that the school have to pay leases on nine to ten prefabs, carrying cost of same on delayed refunds from his Department while the building and renovations of such a major project would give significant and much needed employment in the area; and if he will make a statement on the matter. [3171/09]

The project to which the Deputy refers is currently awaiting the appointment of a design team. The progression of all large scale building projects, including this project, from initial design stage through to construction 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.

Whole School Evaluations.

Brian Hayes

Ceist:

432 Deputy Brian Hayes asked the Minister for Education and Science if he will estimate the amount that his Department will spend during 2009 on whole school evaluations. [3175/09]

Whole-school evaluations (WSE) form just one part of the Inspectorate's business plan in any given year. In addition, inspectors are 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 and participation in appeal boards established under Section 29 of the Education Act. Inspectors also provide advice on an on-going basis to various sections within the Department including teacher education, special education, and curriculum, qualifications and assessment policy.

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. Costs exclusively associated with whole-school evaluations are not recorded separately from the cost of other work done by the Inspectorate or the cost of other evaluations such as subject inspections which frequently take place at the same time. Furthermore, inspectors are involved in the wide range of work outlined above on a continuing basis.

The gross salary cost for the Inspectorate in 2008 was €13,575,860. The total travel and subsistence expenses paid, in accordance with Civil Service rates, in 2008 was €1,545,038. The outputs achieved in 2008 included 3,787 inspections (WSE, subject/programme inspections, probationary teachers, etc) and the publication of composite/thematic reports on Music, Home Economics, Materials Technology (Wood) and Construction Studies, Junior Cycle Science and ICT in schools. The outputs planned for 2009 are in line with those achieved in 2008, thus it is expected that similar costs will be incurred in 2009.

Schools Building Projects.

Emmet Stagg

Ceist:

433 Deputy Emmet Stagg asked the Minister for Education and Science if he will appoint an official to resolve the accommodation problems at a school (details supplied) in County Kildare in view of the fact that the contractor is unable to carry out the work and his Department appear to be still dealing with it. [3177/09]

The matter to which the Deputy refers is being proactively dealt with by my Department. Details of the accommodation needed at the school are being finalised with the contractor with a view to his moving on site to carry out the works as quickly as possible.

Early Childhood Education.

Joan Burton

Ceist:

434 Deputy Joan Burton asked the Minister for Education and Science the nature of both the recruitment process, and contracts offered, within his Department to the former director and assistant director of the Centre of Early Childhood Development and Education; if the posts were advertised through a public recruitment process; if the new posts were created on a permanent basis; and if he will make a statement on the matter. [3360/09]

Section 8 of the Public Service Management (Recruitment and Appointments) Act 2004 allows for temporary unestablished posts to be excluded positions for the purposes of that Act. The Commission for Public Service Appointments granted an excluding order for the two Early Education specialist posts within my Department. These Early Education specialist posts were offered as alternative employment to staff within the Centre for Early Childhood Development and Education. On the basis of the selection criteria that applied to the staff made redundant when the Centre closed, the Early Education specialist posts were offered to the former director and assistant director of the CECDE. The posts are temporary unestablished posts and the contracts are fixed term contracts.

Garda Vetting Services.

Brian Hayes

Ceist:

435 Deputy Brian Hayes asked the Minister for Education and Science the number of teachers at first and second levels who have been vetted by the Garda vetting unit; and if he will make a statement on the matter. [3373/09]

Brian Hayes

Ceist:

436 Deputy Brian Hayes asked the Minister for Education and Science the number of teachers at primary and second level who have been vetted by the Garda vetting unit each year since vetting commenced; and if he will make a statement on the matter. [3374/09]

Brian Hayes

Ceist:

437 Deputy Brian Hayes asked the Minister for Education and Science if special needs assistants have been vetted by the Garda vetting unit; if so, the proportion of SNAs who have been vetted each year since vetting was introduced; and if he will make a statement on the matter. [3375/09]

Brian Hayes

Ceist:

438 Deputy Brian Hayes asked the Minister for Education and Science the ancillary staff other than teachers in school who are vetted by the Garda vetting unit; the proportion of ancillary staff who have been vetted to date; and if he will make a statement on the matter. [3376/09]

I propose to take Questions Nos. 435 to 438, inclusive, together.

The specific data on vetting requested by the Deputy is not readily available from the Garda Vetting Unit. The arrangements for vetting of teaching and non-teaching staff are set out in Department Circular 0094/2006 which is available on my Department's website. The vetting arrangements were introduced in September 2006 for vetting of new teachers at the time of their initial registration with the Teaching Council.

An indication of the level of vetting carried out for teachers can be gauged from data from the Teaching Council which shows that to date a total of 14,960 applicants for registration with the Council have been referred to the Garda Vetting Unit for the purposes of having vetting done. The vetting procedures also apply to prospective employees for posts that involve working with children such as Special Needs Assistants (SNAs), bus drivers, bus escorts to children with special needs, caretakers and other ancillary staff in schools.

As the expansion of service by the Garda Vetting Unit is rolled out my Department will be consulting the relevant education stakeholders on how best to introduce vetting of existing teachers and other existing education staff working with children. The circular does require the vetting of any person being appointed to a teaching position who has not been employed in the school system in the previous 3 years.

Irrespective of the position on vetting by the Garda Vetting Unit where facts or information comes to a Board of Management's attention calling into question a person's suitability to work with children it is a matter for the Board to satisfy itself that the person is suitable to work in that capacity. This will naturally have to be assessed on a case by case basis. The Board will have to consider all the circumstances of the case, give due weight to all relevant factors, and afford fair procedures to the individual concerned before making a decision.

Teaching Qualifications.

Brian Hayes

Ceist:

439 Deputy Brian Hayes asked the Minister for Education and Science the number of unqualified persons who are on a regular teaching contract of employment within the primary and secondary sectors; and if he will make a statement on the matter. [3377/09]

The recruitment and appointment of teachers to fill vacancies in an individual school is a matter for the Board of Management of the school concerned. It is the policy of my Department that unqualified personnel should only be employed in exceptional circumstances and when all avenues for recruiting qualified personnel have been exhausted. Unqualified personnel should therefore only be employed for short periods pending the recruitment of a fully qualified teacher.

I have indicated my intention to commence Section 30 of the Teaching Council Act in the near future. I have also indicated that the commencement of the section will also provide for it to be regulated that a school may employ unregistered personnel on a time limited basis in extreme circumstances.

There are currently of the order of 430 persons who are not qualified as primary school teachers employed in teaching posts in primary schools. This figure may include some new teachers who are awaiting recognition of their existing qualifications by the Teaching Council which, when received, will enable their re-classification on my Department's payroll to qualified teachers.

The number of untrained post-primary teachers is currently being compiled and will be forwarded directly to the Deputy by the Post Primary Payroll Section of my Department.

Teaching Council.

Brian Hayes

Ceist:

440 Deputy Brian Hayes asked the Minister for Education and Science when section 30 of the Teaching Council Act 2001 commenced; and if he will make a statement on the matter. [3378/09]

I have indicated my intention to commence Section 30 of the Teaching Council Act in the near future. I have also indicated that the commencement of the section will also provide for it to be regulated that a school may employ unregistered personnel on a time limited basis in extreme circumstances.

School Management.

Caoimhghín Ó Caoláin

Ceist:

441 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Science if his Department has had contact with the boards of management of private fee-paying schools with regard to their desire to change to public status; his views on this change of status; and if he plans to contact these schools in relation to this matter. [3380/09]

I have not had any contact with boards of management of fee-charging schools concerning admission to the free education scheme.

It is open to any fee-charging school to apply to join the free education scheme. As such a decision is very much a matter for the schools concerned, I do not have any plans to contact boards of management in relation to this matter.

Irish Language.

Ciaran Lynch

Ceist:

442 Deputy Ciarán Lynch asked the Minister for Education and Science the cost to his Department, in each year since its introduction, of implementing the provisions of the Official Languages Act 2003; and if he will make a statement on the matter. [3408/09]

Since the implementation of the provisions of the Official Languages Act 2003 relating to the translation of publications the following are the costs incurred by my Department: 2007 — €181,322.31; 2008 — €156,060.40.

Prior to 2007 the amount spent on the Irish translation of publications was not separately identified and accordingly my Department is unable to provide this information.

There may be additional costs that have been incurred by various sections of my Department with regard to implementing the provisions of the Act. These costs have been from within existing allocations and are not readily identifiable.

In addition, Section 31 of the Education Act 1998 obliges the Minister to establish a body to provide supports to schools for the teaching and learning of Irish and through Irish. Accordingly, my Department provides a range of services and supports through Irish.

School Management.

Michael D. Higgins

Ceist:

443 Deputy Michael D. Higgins asked the Minister for Education and Science the progress made regarding the moving of a school (details supplied) in County Galway from the local vocational educational committee to the local county council. [3432/09]

I assume the Deputy is referring to the proposed transfer of a site for the school in question between Galway City Council and City of Galway VEC. My Department has recently written to the VEC instructing them to proceed with negotiations regarding the site acquisition with the local authority.

School Transport.

Paul Connaughton

Ceist:

444 Deputy Paul Connaughton asked the Minister for Education and Science his views on re-routing a school bus at Ballymoe, County Galway which would take in the villages of Cloonruff, Cornamuckla, Treanboy, Turla and Knockagonnell which brings 15 fare paying children to a school (details supplied) in County Galway; and if he will make a statement on the matter. [3439/09]

Under the terms of my Department's Primary School Transport Scheme, pupils who reside 3.2 kilometres or more from, and are attending, their nearest suitable national school as determined by my Department, are eligible for free school transport.

Bus Éireann, which operates the school transport schemes on behalf of my Department, has advised that the specific school transport service referred to by the Deputy is operating to capacity catering for 33 eligible pupils and 12 concessionary fare paying pupils.

The Deputy will be aware that pupils in the concessionary fare paying category may only avail of transport if spare capacity exists on the service in question. In general, school transport routes are not extended or altered to cater for such pupils. As all eligible pupils are availing of a service within the guidelines of the primary school transport scheme I do not propose to change the existing arrangements.

Disadvantaged Status.

Brian Hayes

Ceist:

445 Deputy Brian Hayes asked the Minister for Education and Science if he will re-consider the loss of the home school community liaison teacher from September 2009 to those schools in the post-primary and primary sector which were originally included in the disadvantaged area scheme but were subsequently not included in the delivering equality in schools scheme, but retained resources under the DAS; the number of schools in this category which are expected to lose a home school liaison teacher; if, in view of the small number of schools in question, he will reconsider his proposal in this area given the impact of this decision for these schools; and if he will make a statement on the matter. [3451/09]

Following the introduction of DEIS (Delivering Equality of Opportunity in Schools) the Action Plan for Educational Inclusion, a commitment was given, as a concessionary measure to Non DEIS schools in receipt of resources under pre-existing schemes, that they would retain a level of support in line with their size and disadvantage levels for the duration of the DEIS Initiative.

Given the current volatile and challenging economic climate, difficult choices had to be made in order to contain public sector spending. One of these decisions is the withdrawal of disadvantaged area scheme posts, Home School Community Liaison posts and additional financial resources from all Non DEIS schools with effect from 31 August 2009. The main focus of Social Inclusion measures is to retain resources in schools participating in DEIS, as there is a need to focus targeted resources on the schools serving the most disadvantaged communities. This approach is in line with the broad thrust of the recommendations of the Comptroller and Auditor General which are set out in his report on Primary Disadvantage of 2006, which recommended that my Department should focus its educational disadvantage measures on those schools serving the most disadvantaged communities.

From September 2009 some 62 Home School Community Liaison posts, currently serving 20 primary and 73 post primary schools will be withdrawn. These schools were judged by an independent identification process in 2005 not to have a sufficient level of disadvantage among their pupils to warrant their inclusion in DEIS.

Schools Building Projects.

Leo Varadkar

Ceist:

446 Deputy Leo Varadkar asked the Minister for Education and Science the progress made to date in providing a sports hall and extension to a school (details supplied) in Dublin 15; and if he will make a statement on the matter. [3452/09]

The building project for the school referred to by the Deputy is at an early stage of architectural planning. My Department has received a Stage 2/3 (sketch scheme) addendum and it is being reviewed. Officials in my Department will be in further contact with the Design Team on completion of this review.

Progression of all projects to tender and construction will be considered in the context of the Department's multi-annual School Building and Modernisation Programme.

Leo Varadkar

Ceist:

447 Deputy Leo Varadkar asked the Minister for Education and Science the progress made to date in providing an extension for a school (details supplied) in Dublin 15; and if he will make a statement on the matter. [3453/09]

The major capital project for the School to which the Deputy refers has been assigned the highest priority band rating of 1. A design team has been appointed and the project is currently at Stage 1 — preliminary design and sketch scheme.

The progression of all large scale building projects from initial design stage through to tender and construction, including this project, will be considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme. In light of current competing demands on my Department's capital budget, it is not possible to give an indicative timeframe for the completion of the project at this time.

Leo Varadkar

Ceist:

448 Deputy Leo Varadkar asked the Minister for Education and Science the progress made to date in providing an extension and new car park for a school (details supplied) in Dublin 15; and if he will make a statement on the matter. [3454/09]

The major capital project for the School to which the Deputy refers has been assigned the highest priority band rating of 1 and a design team has been appointed.

The progression of all large scale building projects from initial design stage through to tender and construction, including this project, will be considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme. In light of current competing demands on my Department's capital budget, it is not possible to give an indicative timeframe for the completion of the project at this time.

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