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Dáil Éireann díospóireacht -
Thursday, 14 May 2009

Vol. 682 No. 4

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 7, inclusive, answered orally.

State Examinations.

Liz McManus

Ceist:

8 Deputy Liz McManus asked the Minister for Education and Science if he had been planning to introduce a junior certificate version of the leaving certificate vocational programme or leaving certificate applied syllabus; if this programme had been due to launch in 30 schools in disadvantaged areas; the status with regard to the introduction of the new courses; and if he will make a statement on the matter. [19247/09]

I had no plans to introduce a junior certificate version of either the leaving certificate vocational or applied programmes.

The Leaving Certificate Applied, introduced in 1995, is a self-contained Leaving Certificate programme which is pre-vocational by nature and is designed for those students who do not wish to proceed directly to higher education or for those for whom the established Leaving Certificate is unsuitable. Participants in the Leaving Certificate Applied are mainly engaged in work and study of an active, practical and student-centred nature. The main aim of the Leaving Certificate Applied is to prepare participants for transition to adulthood and working life.

The Leaving Certificate Vocational Programme (LCVP) was introduced in 1994. It is designed to enhance the vocational dimension of the Leaving Certificate (Established). This two-year programme combines the academic strengths of the Leaving Certificate (Established) with a new and dynamic focus on self-directed learning, enterprise, work and the community which are included in the Link Modules.

The aim of the existing junior cycle curriculum is to provide students with a broad and balanced programme of study across a wide range of curriculum areas in order to prepare them for transition to senior cycle education. Accordingly, some 25 subjects are available from which a range of academic or vocational subjects can be chosen. The Junior Certificate School Programme (JCSP), introduced in 1996, is particularly targeted at junior cycle (lower secondary) students who are identified as being at risk of early school leaving.

The DEIS (Delivering Equality of Opportunity in Schools) Action Plan for Educational Inclusion provides for extended access to the JCSP for second-level schools with the highest concentrations of disadvantage. An additional 30 schools joined the programme in 2007, and a further 24 schools joined in 2008. Participation in the programme is supported by an enhanced pupil:teacher ratio and by the provision of professional development support to schools and teachers. The programme is designed to offer schools and teachers a more flexible approach in mediating the Junior Cycle curriculum for students who have diverse learning needs.

Arrangements are being made for the final phase of rollout of JCSP to DEIS schools to take place in 2009/10.

Teachers’ Remuneration.

Brian O'Shea

Ceist:

9 Deputy Brian O’Shea asked the Minister for Education and Science his views on the revelation, at a meeting of the Joint Committee on Education and Science on 23 April 2009, that fee paying schools would charge fees of approximately €20,000 to €30,000 if the €100 million provided by the State for teachers’ salaries was removed; his views on whether most fee paying schools would collapse if this payment was removed; and if he will make a statement on the matter. [19250/09]

I understand that the statement to which the Deputy refers was made at the Joint Committee by Sr. Eileen Randles from the Loreto Education Trust. As the record of that discussion shows Sr. Eileen was seeking to address what she termed "a simplistic sound bite" in the media about why taxpayers should pay for the salaries of teachers in fee charging second level schools. Sr. Eileen went on to express the view that if fee charging second level schools through the withdrawal of public funding were to become like public schools in England, most of the schools she knew would not continue because the trustees could not run schools to which parents would have to pay €20,000 to €30,000 per annum.

First let me say that the position is a hypothetical one as there are no proposals to remove totally the exchequer funding of teacher salaries from fee charging second level schools. As Sr. Eileen identified there is a risk that this issue is treated in a simplistic or sensational manner. Indeed I want to compliment Sr. Eileen, committee members from both Houses and those who made the presentation and answered question for members. The discussion by the Joint Committee was valuable in exploring the historic evolution and context for the arrangements that apply in respect of the fee charging schools and why the current or future position of these schools cannot be considered in a simplistic manner.

The fee charging schools are all recognised voluntary secondary schools and as noted during the discussion at the Joint Committee many of them are among the oldest second level schools in the country. What distinguishes them from all other voluntary secondary schools is the choice made by those schools in relation to what is termed the "free scheme" initiated by Donogh O'Malley, to provide for universal free second level education.

At the time they chose to retain the capacity to charge fees while the schools that entered the scheme surrendered that capacity in return for enhanced funding. It is also important to note that at the time of the introduction of the free scheme the State was in large part funding the salaries of teachers in secondary schools and that prior to the introduction of the free scheme schools were not charging an economic fee by virtue of the exchequer funding they received.

As I have already stated it is intended to continue to fund teacher salaries for all voluntary secondary schools including those that chose to retain a capacity to charge fees.

Third Level Places.

Kathleen Lynch

Ceist:

10 Deputy Kathleen Lynch asked the Minister for Education and Science the way he expects the additional 3,500 third level places to come into effect in autumn 2009 in view of the fact that the Central Application Office’s deadline for applications passed on 1 February 2009; his view on the CAO's suitability for targeting these additional places to the unemployed; and if he will make a statement on the matter. [19252/09]

I understand that the Deputy's question specifically refers to the suitability of the CAO application process in allocating the 2,000 full time places and 1,500 part time places which are part of the overall package of 5,400 new higher education places for unemployed people announced in the Supplementary Budget.

In relation to the 2,000 full time places, over 73,000 applications have been received through the CAO to date this year which is an increase of 8.5% on last year. This includes over 12,000 applications from mature students, an increase of 30% on 2008. Applications from people that previously attended Higher Education have also increased by 13%. These figures are likely to reflect the fact that many people who have been made redundant have already taken the initiative and applied to return to education to up-skill. While the initial CAO closing date is 1 February, late applications are accepted up to 1 May and 5,945 such applications were received this year, an increase of 51% on 2008. On 2 July next the CAO will publish details of its Available Place courses where places are likely to be available following the first round of CAO offers in August. A further opportunity will be available for people to apply for places on such courses from 18 August 2009. Unemployed people who obtain a third level place can apply to the Department of Social and Family Affairs to participate in the Back to Education Allowance Scheme under which they retain eligibility for income support payments and a Cost of Education Allowance while undertaking their course of study.

Part time places in third level institutions are not filled through the CAO process. The 1,500 part time third level places announced in the Supplementary Budget will be provided to enable persons who are unemployed to pursue third level certificate or degree programmes on a part time basis from September 2009. Arrangements for the operation of this initiative are being finalised by officials of my Department and the Department of Enterprise, Trade and Employment, which is funding the cost of these new places. Access to these places will be on a direct entry basis. Further information on how to access these courses and clarification of participants entitlements in relation to social welfare payments will be made available as soon as these arrangements are finalised. Information on the courses will also be made available to unemployed people though local FAS and Department of Social Welfare Offices.

Schools Building Projects.

Seymour Crawford

Ceist:

11 Deputy Seymour Crawford asked the Minister for Education and Science the position regarding his proposal to build a new secondary school in Kingscourt, County Cavan; the progress made towards same regarding drawings and planning and so on; the year he will guarantee the building and staffing of the school; and if he will make a statement on the matter. [19133/09]

As the Deputy will be aware, I was pleased to announce recently approval in principle for the establishment of a new post-primary school for Kingscourt, County Cavan.

In this regard, an examination of the demographics and projected pupil numbers by the Forward Planning Section of my Department satisfied me that a facility for between 300 and 400 pupil places will be sustainable in this area in the medium term.

As my decision was only recently announced, the Deputy will appreciate that plans for the new school are at an early stage. There are a number of preliminaries that will have to be completed before an actual building project for the new school can be advanced. As a first step, officials from my Department will be meeting with the VEC shortly to discuss groundwork issues, appropriate feeder schools etc.

In addition, my Department will need to give consideration to how the new school should be procured. This will include an examination of the PPP model. Three separate PPP bundles have been announced to date and these are progressing through the procurement process. The make-up and timing of further bundles will be determined by my Department in consultation with the National Development Finance Agency (NDFA).

The issues to be considered in the timing and bundling of these schools include site availability for each school, geographical spread and the estimated total cost of the proposed bundle.

When a decision has been taken as to how the new school will be procured, the normal procedures will be put in train to prepare the project for advancement such as the preparation of an educational worksheet and the drawing up of schedules of accommodation.

When all of the preliminaries have been completed, consideration can then be given to the inclusion of a project in the School Building Programme for the appointment of a Design Team or inclusion in a PPP bundle. It will be a matter for the Design Team appointed to the project to prepare the building plans, apply for planning permission and deliver the building.

I am committed to advancing the project but the necessary preparatory procedures will have to be followed before this can happen. At this stage of the process it is not possible to be specific about the timeframe for delivery of the project.

School Patrons.

Ruairí Quinn

Ceist:

12 Deputy Ruairí Quinn asked the Minister for Education and Science if he has received the legal opinion which his Department sought in relation to the application by Educate Together to have its existing status as patron of primary schools extended into post primary schools; if that legal opinion has identified an impediment which would prevent Educate Together from becoming a patron at post primary level; and if he will make a statement on the matter. [19241/09]

My Department is currently considering a number of broad policy issues relating to the recognition process for second level schools. To facilitate full consideration of all of the issues involved, my Department has sought legal advice from the Office of the Attorney General in relation to the system of patronage at second level. At this stage, the advice has not yet been received. However, it is intended that officials from my Department will be meeting with their counterparts in the Office of the Attorney General to discuss the matter within the coming week or so.

It is timely to examine the broad issues of patronage at second level, given the current climate of an ever increasing student population and the moves towards diversity in education provision.

I can assure the Deputy that the application from Educate Together to be recognised as a patron body at second level will be fully examined within the context of the legal, financial and other factors that I must consider.

School Placement.

Mary Upton

Ceist:

13 Deputy Mary Upton asked the Minister for Education and Science if, in respect of the two community national schools operating in north County Dublin, the question on the application form for admission regarding the religion of the child is a mandatory question or one that is voluntary and can therefore be left unanswered by the parents of the child; and if he will make a statement on the matter. [19244/09]

The new community national schools welcome and respect children of all faiths and none. They recognise and aim to accommodate the wishes of parents to have their children receive religious education within the school day and also cater for parents who do not wish their children to receive religious education based on any one particular faith. Therefore the admission form for the community national schools includes a question seeking information on religion. It is not compulsory for the parents to declare their religion when enrolling children in the schools and a number of parents of children currently enrolled in each school have declined to provide this information.

For operational reasons and to assist the evaluation of community national school pilot model, it is helpful to know what religions and faiths are represented in the schools. The pilot phase provides an opportunity to test approaches to the practical issues that arise and to draw lessons from that experience that can allow the model to be developed and refined.

Question No. 14 answered with Question No. 7.

Disadvantaged Status.

Denis Naughten

Ceist:

15 Deputy Denis Naughten asked the Minister for Education and Science the steps he is taking to support disadvantaged children in the classroom; and if he will make a statement on the matter. [19135/09]

The majority of schools include among their pupils, children with disadvantaged backgrounds. In general most schools address the individual needs of these children without recourse to additional targeted resources. Evidence has shown that disadvantage associated with poverty and social exclusion assumes a multiplier effect where the levels are highly concentrated in schools.

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). As a result of the identification and review processes, 876 schools have been included in the School Support Programme (SSP) under DEIS. These comprise 673 primary schools (urban and rural) and 203 second-level schools.

The plan commenced in 2006 and is being rolled out on a phased basis over the period to 2010.

DEIS provides various supports for both primary and post primary schools. These include:

reduced pupil teacher ratio in primary schools in urban areas with most disadvantage.

allocation of administrative principal on lower figures than generally apply in primary schools in urban areas.

additional capitation funding based on level of disadvantage.

additional funding for schools books.

access to School Meals Programme

access to numeracy/literacy supports and measures at primary level.

access to Home School Community Liaison services.

access to School Completion Programme.

enhanced guidance counselling provision at post primary level.

access to planning supports.

provision for school library and librarian support at second level

access to Junior Certificate School Programme and Leaving Certificate Applied

access to range of professional development supports.

In line with my focus on retaining resources in the most disadvantaged areas, it is important to note that following Budget 2009, all DEIS supports in DEIS schools are not being affected.

Consultancy Contracts.

Sean Sherlock

Ceist:

16 Deputy Seán Sherlock asked the Minister for Education and Science if he will, in respect of the two community national schools operating in north County Dublin, give details of the academic who has been hired as a consultant by his Department to advise on the issue of the provision of denominational religious education within these schools; the provisions made within these schools for those pupils whose parents have not sought religious denominational education; the terms of reference and conditions of the contract; when the academic’s report will be completed; and if he will make a statement on the matter. [19242/09]

The Community National School model is proceeding on the basis of very clearly stated principles in respect of the availability of religious education during the school day, in conformity with the wishes of parents. Approaches to the delivery of religious education in line with these principles are being developed on an action research basis over the course of the pilot phase.

The research project is being undertaken by a Research Officer with suitable qualifications in the field of curriculum development and with considerable practical experience in this area and is being facilitated by County Dublin VEC as patron-designate.

The Research Officer's initial brief is to develop a programme for Junior and Senior Infants in the first instance. The programme will provide a draft for future development in these schools and possibly elsewhere. The action research began in June 2008 and is expected to continue until programmes have been developed for children up to sixth class.

The research project is assisted by a Reference Group which includes representatives of non-theist perspectives. This will accommodate the development of an appropriate programme of moral development for children whose parents do not wish them to participate in multi-faith religious education where it is possible to provide such an option.

State Agencies.

Kathleen Lynch

Ceist:

17 Deputy Kathleen Lynch asked the Minister for Education and Science the progress made on the merger of the National Qualifications Authority of Ireland, the Further Education and Training Awards Council and the Higher Education and Training Awards Council; the number of redundancies within each agency envisaged by the successful completion of the merger; the estimated savings the merger will accrue; and if he will make a statement on the matter. [19253/09]

The amalgamation of the National Qualifications Authority of Ireland (NQAI), the Higher Education and Training Awards Council (HETAC) and the Further Education and Training Awards Council (FETAC) was announced as part of the Government's programme for the rationalisation of agencies. The new organisation will also take responsibility for the external quality assurance review of the universities, a function which is currently performed by the Irish Universities Quality Board (IUQB) and the Higher Education Authority (HEA). The budget announcement also refers to the possibility of including some of the related functions of the National University of Ireland (NUI) in the new organisation.

An Implementation Advisory Group (IAG) has been formed to advise my Department on the implementation of the amalgamation, comprising representatives of the NQAI, HETAC, FETAC, the HEA, the IUQB and the Irish Universities Association. The IAG has met on four occasions to date. My Department has had separate discussions with NUI.

A consultation paper has been prepared, with the assistance of the IAG, covering the functions and shape of the new organisation and key legislative considerations. A period of public consultation is planned, which is due to start very shortly and will conclude in June. My Department has also started work on the legislation necessary for the amalgamation. The target completion date for the legislative process is Autumn 2010, with the new statutory organisation to be established in Winter 2010.

Savings will arise from efficiencies achieved through economies of scale, the removal of parallel structures and streamlined and shared corporate services. Annual savings arising from the amalgamation are estimated to be in the region of €1 million, although it should be noted that it is likely that once-off up-front costs arising from the process will be incurred.

While the staffing requirements of the new agency have not been finalised, the three core agencies involved were requested immediately after the budget announcement not to recruit any new staff on a permanent basis. In addition, the recently announced moratorium on recruitments and promotions and incentivised early retirement scheme applies to the agencies. The impact of these measures on staffing levels will be kept under review and the situation will be examined when the staffing requirement of the new organisation is finalised.

School Accommodation.

Bernard J. Durkan

Ceist:

18 Deputy Bernard J. Durkan asked the Minister for Education and Science the number of pupils at primary and second level accommodated in temporary overcrowded or prefabricated accommodation at present; the degree to which this number is expected to change in 2009 or future years; and if he will make a statement on the matter. [19271/09]

Caoimhghín Ó Caoláin

Ceist:

20 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Science the number of children here being taught in prefabricated accommodation. [19218/09]

I propose to take Questions Nos. 18 and 20 together.

The demand for additional accommodation in schools has risen significantly over the last number of years, with the appointment of 6,000 extra teachers in the primary sector alone since 2002. In considering the need to provide extra resource and other teachers to schools in recent years, the Government could have decided to make children wait until permanent accommodation could be provided. However, we prioritised putting the extra teachers into schools as soon as possible and, in some cases, this has involved the provision of high-quality prefabricated structures to accommodate them.

In general, my Department approves the purchase or rental of prefabricated classrooms based on need at the time of application. Local school managements then organise their class numbers, year on year, to achieve the optimum local efficiencies. My Department does not hold information on the numbers of pupils in individual schools who currently occupy temporary accommodation; this depends on the organisation of class groups by schools within available accommodation and may vary from year to year.

Following analysis of costs in my Department, it is now practice to purchase rather than rent temporary accommodation where the need for such accommodation is likely to exist for more than 3 years. This will reduce the incidence of long term rental of prefabs. In July of 2008, I introduced a further innovation which allows those schools with an urgent and pressing need for additional accommodation which is likely to last for more than 3 years, and who are being given approval for grant aid, to avail of the option of using their grants either to purchase prefabs or to construct permanent classrooms for the same amount.

Question No. 19 answered with Question No. 7.
Question No. 20 answered with Question No. 18.

Special Educational Needs

David Stanton

Ceist:

21 Deputy David Stanton asked the Minister for Education and Science when the review of special classes and special schools being conducted by the National Council for Special Education began; when the report is due to be completed; the stakeholders consulted as part of this review; and if he will make a statement on the matter. [19265/09]

The review of schools and special classes was commenced by the National Council for Special Education (NCSE) in 2007 and involves wider consultation with schools and Education partners selected by the NCSE. It is expected that the review will be completed in 2009 and I look forward to receiving the report from the NCSE.

School Staffing.

Arthur Morgan

Ceist:

22 Deputy Arthur Morgan asked the Minister for Education and Science his views on the projected loss of 2.6 temporary and part-time teachers in secondary schools from September 2009. [19224/09]

I have consistently said that the 2009 Budget required difficult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect Education while protected to a much greater extent than most other areas of public expenditure could not be totally spared, and I acknowledge the impact of funding restrictions in a number of areas, including at school level. However, these are the inevitable result of the challenging economic environment and the need to manage Exchequer resources prudently. These decisions included the increasing of the pupil teacher ratio across all second-level schools from 18:1 to 19:1. In the case of fee-charging post-primary schools, there will be an additional one-point adjustment to 20:1.

Teacher allocations to all second level schools are approved annually by my Department in accordance with established rules based on recognised pupil enrolment. In accordance with these rules each school management authority is required to organise its subject options within the limit of its approved teacher allocation. The deployment of teaching staff in the school, the range of subjects offered and ultimately the quality of teaching and learning are in the first instance a matter for the school management authorities.

In terms of the position at individual school level the key factor for determining the level of resources provided by my Department is the pupil enrolment at 30 September 2008. The annual process of seeking this enrolment data from schools took place in the autumn and the data has since been received and processed in my Department enabling the commencement of the processes by which teaching resources are allocated to schools for the school year that begins next September.

Initial allocation letters have issued to Post Primary Schools and Vocational Educational Committees. The final position for any one school will depend on a number of other factors such as the allocation of support teachers and additional posts for schools that are developing rapidly.

In accordance with existing arrangements, where a school management authority is unable to meet its curricular commitments within its approved allocation, my Department considers applications for additional short term support i.e. curricular concessions. This concession is available as a short term support to enable essential curricular provision to continue.

The allocation processes also include appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. The Board of Management of a school can submit an appeal under certain criteria to an independent Appeal Board which was established specifically to adjudicate on appeals on staffing allocations in post-primary schools. This Board operates independently of my Department.

I am committed to providing information in relation to the allocation of teachers to schools as a new feature on my Department's website. The process has begun with the provision earlier this year of initial information on the allocation of mainstream classroom teachers to primary schools under the revised schedule for 2009/10.

Information on the teacher allocations to second level schools, whether enrolment related or otherwise, is currently being compiled into a format for publication on my Department's website in the coming weeks. My intention is that, just as is the case with the information provided in relation to primary schools, this information will identify the changed position for second level schools and VECs arising from the October budget decisions.

Third Level Institutions.

Joanna Tuffy

Ceist:

23 Deputy Joanna Tuffy asked the Minister for Education and Science if he has received the revised draft strategic plan and related budget from the Grangegorman Development Agency which will provide for the relocation of the Dublin Institute of Technology from more than 30 different locations and sites in the Dublin area to a new integrated urban campus at Grangegorman, Dublin 7, catering for 27,000 students; his views on the relocation of this third level institution on the grounds of efficiency, economy and the development of excellence in the education system; when he will bring the draft strategic plan and related budget to the Cabinet for approval; and if he will make a statement on the matter. [19257/09]

The Grangegorman Development Agency submitted a draft Strategic Plan and Budget to my Department in October 2008 as provided in Section 12(h) of the Act. Copies of the plan and Budget were also forwarded to the Minister for Health & Children for her consideration. Following receipt of the Strategic Plan plan, my officials in consultation with the Higher Education Authority commenced an assessment of the proposals. My Department also sought the advice of the National Development Finance Agency on the funding portions of the draft Cost Benefit Analysis from the Dublin Institute of Technology and the draft Strategic Plan.

In March 2009 the Agency submitted a revised Strategic plan and budget. The revised plan takes account of the reduced prices that have materialised in the construction sector by updating construction prices to January 2009 values. The Agency also reduced enabling infrastructure costs and revised the estimated value of DIT property portfolio to reflect current market trends. The revised plan proposes to deliver the complete project in phases.

The Grangegorman Development Agency has provided the Department with a clear indication of the overall costs for the development of the Grangegorman site.

This has allowed my Department the opportunity to consider fully the costs involved in utilising the majority of the Grangegorman campus to provide for needs of DIT.

There are issues relating to the proposals that my Department is discussing with the various interested parties and when these have been fully explored, I would intend bringing proposals to Government for consideration.

Pupil-Teacher Ratio.

Bernard J. Durkan

Ceist:

24 Deputy Bernard J. Durkan asked the Minister for Education and Science the extent to which the pupil-teacher ratio in the classroom will be affected by the budgetary cuts as proposed by his Department in 2009 and in subsequent years; and if he will make a statement on the matter. [19270/09]

I have consistently said that the 2009 Budget required difficult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect Education while protected to a much greater extent than most other areas of public expenditure could not be totally spared. The various impacts at school level were included in the Budget day announcements including the projected net impact on teacher numbers in primary and post-primary schools.

Clearly a net reduction in the number of teachers, while relatively small in terms of the overall number of teachers that will continue to be employed in our schools, will of course impact to some degree on the pupil teacher ratio in a situation where enrolments are rising.

I have already put it on record that I have no difficulty in setting out for this House or for the public generally what the final impact will be on the overall changes on aggregate teacher numbers in schools for the 2009/10 school year and this applies to pupil teacher ratios as well. My Department also publishes statistical information on an annual basis an element of which includes the pupil teacher ratios.

In relation to the impact on teacher numbers my Department has written to the primary schools that are projected to have a net loss or gain in classroom teaching posts in September, 2009. As part of my efforts to ensure that relevant information is openly available to the public detailed information on the opening position for primary schools is now published on my Department's website. This provisional list sets out the details on individual schools that, taken collectively, are projected to gain 128 posts and to lose 382 posts — a net reduction of 254 posts. It is my intention to have this information updated and ultimately to set out the final position when the allocation processes are completed.

Initial allocation letters have also issued to Post Primary Schools and Vocational Educational Committees. All the above allocations, primary and post-primary are provisional at this stage and reflect the initial allocation position. The final position for any one school at primary or post primary level will depend on a number of other factors such as the allocation of support teachers, additional posts for schools that are developing rapidly and posts allocated as a result of the appeals processes.

The final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme. The appellate process is particularly relevant at post-primary level where any specific curricular needs of the school concerned are considered. Also at post-primary there is no effective system wide redeployment scheme at present and this can mean that schools retain teachers, though over quota.

The final staffing position for all schools will therefore not be known until the autumn. At that stage the allocation process will be fully completed for mainstream classroom teachers and any appeals to the Staffing Appeals Board will have been considered.

Further Education.

Willie Penrose

Ceist:

25 Deputy Willie Penrose asked the Minister for Education and Science if he will lift the cap on the number of places available in further education colleges; and if he will make a statement on the matter. [19255/09]

The number of approved PLC places is determined in the context of the continuing requirement to plan and control numbers and to manage expenditure within the context of overall education policy and provision.

From September 2009, with a view to responding to increased training needs in the present economic context, resources have been redeployed to create an additional 1,500 Post Leaving Certificate (PLC) places. This will bring the total number of approved PLC places to 31,688.

The PLC programme provides successful participants with specific vocational skills to enhance their prospects of securing lasting, full-time employment, or progression to other studies. The allocation of these extra 1,500 PLC places is another step in expanding opportunities and broadening access to further education so that people can enhance their employment skills.

Grant Payments.

Jack Wall

Ceist:

26 Deputy Jack Wall asked the Minister for Education and Science if he will reverse the abolition of grants which were paid to Protestant secondary schools out of recognition that they represent a minority community and should be afforded special consideration; his views on the comments made by a person (details supplied); and if he will make a statement on the matter. [19249/09]

I wish to reassure the Deputy that I, along with my colleagues in Government, recognise the importance of ensuring that students from a Protestant background can attend a school that reflects their denominational ethos.

The Deputy will be aware that I have met with representatives of both the Church of Ireland Board of Education and the Grand Orange Lodge of Ireland to discuss the funding position of the schools referred to by the Deputy.

I briefed the representatives on funding arrangements for Protestant schools and the background to the decision in the October budget to remove certain grants from fee-paying Protestant schools.

I outlined the background to the block grant, which is expected to be €6.5 million in this school year. It covers capitation, tuition and boarding costs and is distributed through the Secondary Education Committee established by the churches concerned. Applications for assistance are made by parents to the Secondary Education Committee which, on the basis of a means test, distributes the funds to individual schools on the basis of pupil needs. This fund ensures that necessitous Protestant children can attend a school of their choice. I confirmed that there were no changes to this grant and that I would be willing to consider increasing it when the public finances permit.

At my meeting with representatives of the Church of Ireland Board of Education, led by Archbishop John Neill, I expressed my willingness to consider any proposals that might be made to my Department that would enable the available funding to be focused and adjusted to more effectively meet the twin objectives of access for individuals and sustaining the dispersed schools that they wish to attend. The Bishops are to respond on how the funding I am continuing to make available might best be deployed to meet the needs of their schools.

In this context, I wish to advise the Deputy also that my officials recently met representatives from the Secondary Education Committee to discuss future funding arrangements for Protestant schools.

I will continue to work with representatives of the Protestant educational sector to ensure that State funding made available to the Protestant community is targeted in the fairest way possible to meet the needs of their children and their schools.

School Curriculum.

Denis Naughten

Ceist:

27 Deputy Denis Naughten asked the Minister for Education and Science his views on the report of the expert group on future skills needs regarding the level of achievement in maths among students here; if he will implement the recommendations of the report; and if he will make a statement on the matter. [19136/09]

The OECD PISA (Programme for International Student Assessment) 2006 survey of 15 years olds across 57 countries showed that Ireland's mean score in mathematics was not significantly different from the OECD average. We ranked 16th of 30 OECD countries and 22nd of 57 countries. There were fewer lower achievers and higher achievers than the OECD average, with the majority of pupils scoring in the mid range of achievement. When performance levels for mathematics in 2006 are compared with those in 2000 and 2003, there are no changes for Irish students. Ireland showed a high level of equity in achievement outcomes. This is evidenced by relatively small levels of "between school" variation and comparatively good standards among lower achievers.

I have launched a major initiative, Project Maths, in second level, designed to encourage better understanding of maths, to reinforce the practical relevance of maths to everyday life, and to ensure better continuity between primary and second level, and junior and senior cycle. The initiative started in 2008 and is being piloted in 24 schools. The curriculum changes will be phased in over three years and mainstreaming will begin in 2010, prefaced by a national programme of professional development for teachers beginning in 2009.

Project Maths will be supported by intensive investment in professional development for teachers. A Maths Support Team has been appointed and is currently supporting the project schools, as well as preparing for mainstream in-service development which will start in September 2009, followed by mainstream implementation starting in Sept 2010. Some €3m has been provided for the programme in 2009 and the investment will continue over a number of years, to at least 2013, in a rolling programme of reform.

The Report of the Expert Group calls for the introduction of bonus points for Higher Level Mathematics in the Leaving Certificate. Decisions on the award of points and admission criteria for entry to higher education programmes are, under legislation, a matter for the higher education institutions. My Department asked the Higher Education Authority to initiate a discussion across higher education institutions regarding the desirability or otherwise of awarding bonus points. The overall view emerging was that the introduction of bonus points was unlikely to dramatically increase uptake of Higher Level Maths. The Report of the Points Commission in 1999 considered the issue of bonus points and recommended against such an approach.

Providing bonus points could reinforce the perception that Maths is a difficult subject. It should be noted that when bonus points were removed in 1994 on foot of curricular reform, participation in Higher Level Maths increased. We can therefore conclude that curriculum reform has more impact than points in this area. Introducing bonus points would inevitably lead to similar demands in other subjects such as science. The education sector must cater for all students, and placing some subjects at a higher value, notwithstanding the importance of other sectors of the economy, and the abilities and interests and legitimate choices of students, could potentially be counterproductive to the overall interests of the system.

Question No. 28 answered with Question No. 7.

School Accommodation.

Mary Upton

Ceist:

29 Deputy Mary Upton asked the Minister for Education and Science the number of new post-primary schools that will be required from 2015 onwards when, according to the Central Statistics Office, the student post primary figures will begin to increase rapidly after 2016; and if he will make a statement on the matter. [19245/09]

The Central Statistics Office is one of the key bodies that my Department liaises with in relation to demographic trends in order to establish future enrolments. The Forward Planning Section of my Department is currently in the process of identifying the areas where significant additional accommodation will be required at primary and post-primary level for future school years.

Factors under consideration include population growth, demographic trends, current and projected enrolments as well as recent and planned housing developments. These factors and particularly the capacity of existing schools to meet additional demand for places will inform decisions in relation to the number of new post-primary schools that will be required to cater for the projected increase in pupil numbers referred to by the Deputy.

Data available to my Department suggest that the projected total enrolments at post-primary level will increase by approximately 51,500 pupils by the year 2016. Such an increase in pupil numbers would in theory equate to a requirement for over 51 new post-primary schools, each capable of catering for over 1,000 pupils. However, I should caution that the actual number of new schools required to cater for the increased enrolments will be less than that number as the approach of my Department in the first instance is to optimise the capacity of existing schools and expand them where possible. Such an approach also reduces the requirement for site purchase, which can be very considerable in the case of post-primary provision.

These factors will be examined in detail by my Department when considering the extent of new school provision required in all areas of the country.

Schools Refurbishment.

Martin Ferris

Ceist:

30 Deputy Martin Ferris asked the Minister for Education and Science his plans to deal with the backlog in applications for the summer works scheme as a result of its cancellation in 2008. [19223/09]

I was pleased to announce on 7th May last my Summer Works Scheme for this year. €80m has been allocated to the Scheme which will enable 967 schools, primary and post-primary, to carry out much needed works to their school buildings on a devolved basis. A key principle behind the devolution of this Scheme is that responsibility for the management of the project is devolved to the school authority. The school authority can then make use of its local knowledge and presence on the ground to manage the project more effectively and ensure better value for money for the taxpayer.

The €80 million fund will finance over 1,180 small to medium-scale capital projects in these schools over the quiet summer months so that disruption is minimised. The capacity of schools to take responsibility for delivering small and medium-scale projects is a key component of the Summer Works Scheme and I'm pleased to be in a position to make funding available once again.

The Summer Works Scheme, which returns this year after a 12-month deferral period, covers school projects such as gas, electrical and mechanical works, roof replacements and repairs, window replacement, toilet upgrades, structural improvements and access works. The fund will dramatically improve structural, mechanical, electrical, gas and other works in schools right across the country. The Planning and Building Unit of my Department has contacted the schools approved for grant aid under this year's Scheme with further details and instructions on how to proceed.

The Summer Works Scheme was first introduced by my Department in 2004. Since then, over 3,000 summer works projects have been carried out in primary and post-primary schools at a cost of almost €300 million.

The Scheme had been deferred for the 2008 year to allow the Department's Planning and Building Unit to focus on larger-scale building projects with a particular emphasis on providing sufficient school places in developing areas, while also delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. The applications processed for this years Scheme were those submitted for the deferred 2008 Scheme. It is my intention that applications for a 2010 Summer Works Scheme will be invited later this year.

In addition to providing much needed improvements to school buildings this €80m investment in our schools will also create much-needed jobs in the construction sector. I am also asking schools to ensure that they get best value for money on prices for jobs in what is currently a more competitive construction market.

This year alone almost €614 million will be invested on the School Building and Modernisation Programme — the highest spend on school buildings in the history of the State.

The list of approved schools/projects is available on my Departments website at www.education.ie.

Special Educational Needs.

David Stanton

Ceist:

31 Deputy David Stanton asked the Minister for Education and Science if he considered the recommendations and conclusions of the 2005 report of his Department’s inspectorate, An Evaluation of Special Classes for Pupils with Specific Speech and Language Disorder, when he made his decision to close a large number of special classes here; and if he will make a statement on the matter. [19264/09]

I wish to clarify for the Deputy that no special classes for pupils with Specific Speech and Language Disorder have closed as a result of the 2005 Evaluation of Special Classes for pupils with Specific Speech and Language Disorder (SSLD) report.

The National Council for Special Education (NCSE), through the local Special Educational Needs Organisers (SENOs), is responsible for processing applications from primary and post primary schools for special educational needs supports. This includes applications for the establishment of special classes for SSLD. The NCSE operates within my Department's criteria in allocating such support. There are currently 62 special classes in place to support children with specific speech and language disorder. Each class can cater for up to 7 children and children have access to a speech and language therapist through the HSE.

Following the publication of the evaluation report, my Department issued a circular to schools clarifying the criteria for enrolment in SSLD classes and other related matters.

A number of teachers were recently withdrawn from schools with classes for children with a mild general learning disability where the number of children in those classes had fallen below the number required for those teaching posts. This is a separate category of class to the Specific Speech and Language Disorder classes to which the Deputy refers in his question.

Question No. 32 answered with Question No. 7.

School Accommodation.

Liz McManus

Ceist:

33 Deputy Liz McManus asked the Minister for Education and Science the name of all members and their respective organisations which are represented on both the technical group and the steering group of the commission in respect to the Commission on School Accommodation reporting to his Department; and if he will make a statement on the matter. [19246/09]

I have arranged for the information sought to be forwarded directly to the Deputy by my Department.

Question No. 34 answered with Question No. 7.

School Placement.

Sean Sherlock

Ceist:

35 Deputy Seán Sherlock asked the Minister for Education and Science if, in respect of the two community national schools operating in north County Dublin, questions regarding the country of origin of the child in addition to the parents’ name, nationality and occupation are questions which are mandatory and must be answered by the parents or guardian in order to complete a valid school application form; and if he will make a statement on the matter. [19243/09]

The new community national schools acknowledge and respect the diversity of values, beliefs, languages and traditions in Irish society and operate in a spirit of partnership between patron, teachers, students, parents and the wider community served by the school. They aim at all times to provide a caring, happy and secure atmosphere where the intellectual, spiritual, physical, moral and cultural needs of the children are identified and met. Therefore the admission form for the community national schools includes questions seeking information on country of origin, nationality, parents' name and occupation. It is not compulsory for parents to declare such information when enrolling their children in the schools.

For operational reasons and to assist the evaluation of community national school pilot model, it is helpful to know what nationalities and cultural traditions are represented in the schools. The pilot phase provides an opportunity to test approaches to the practical issues that arise and to draw lessons from that experience that can allow the model to be developed and refined.

Further Education.

Brian O'Shea

Ceist:

36 Deputy Brian O’Shea asked the Minister for Education and Science if he is unable to offer first refusal to the further education sector, including the vocational education committees and the institutes of technology, on the 51,000 additional places announced in February 2009 in view of the fact they are repackaged places within FÁS and funded out of existing resources; and if he will make a statement on the matter. [19251/09]

FÁS, in addition to their own delivery of courses, already contract with other education and training providers for the provision of relevant courses. It is a matter for FÁS and its parent Department to determine the contracting arrangements. It is open to Vocational Education Committees (VECs) and the Institutes of Technology to bid for the provision of appropriate courses.

VECs already provide courses on behalf of FÁS under the One Step Up initiative. Examples include the Skills for Work programme delivered under the Workplace Basic Education Fund which provides education and training in basic skills at FETAC Level 3. VECs also provide courses for participants in FÁS-run Community Education schemes under the Return to Education programme. In addition, VECs provide courses under the Learning at Work and Competency Development programmes.

Legislative Programme.

Willie Penrose

Ceist:

37 Deputy Willie Penrose asked the Minister for Education and Science when he expects the completion of the Student Support Bill 2008; and if he will make a statement on the matter. [19254/09]

The current position in relation to the Student Support Bill is that a number of amendments are currently being considered arising from a review of the Student Support Bill following the Second Stage debate and further consultations since publication. A number of legal issues have arisen in the course of preparation of the legislation which requires further advice and clarification.

A number of the amendments to the Student Support Bill are at the final stages of preparation and my Department is currently working closely with the Office of the Attorney General to finalise any outstanding matters. I hope to be in a position to have these amendments finalised shortly with a view to progressing to Committee Stage before the summer recess.

Schools Building Projects.

Seymour Crawford

Ceist:

38 Deputy Seymour Crawford asked the Minister for Education and Science the position regarding the plans to build a new school at Rockcorry, County Monaghan, to replace the current school as promised in 2007; when this school building will commence; and if he will make a statement on the matter. [19134/09]

The school to which the Deputy refers submitted an application for a new school building under the Small Schools Scheme 2007. The application was unsuccessful at that time.

The main emphasis of the School Building and Modernisation programme for the foreseeable future will be on the delivery of large scale projects to provide additionality, particularly in rapidly developing areas, where little or no school accommodation currently exists. In light of the level of demand on the Department's capital budget for such projects, it is not possible to give an indicative timeframe as to when a project for the school in question might proceed.

Officials from my Department met with representatives of the school authority on 12 May 2009 and outlined this situation to them.

Further Education.

Joanna Tuffy

Ceist:

39 Deputy Joanna Tuffy asked the Minister for Education and Science further to Parliamentary Question No. 230 of 29 April 2009, if the application process for post leaving certificate courses in the 2009-10 academic year has concluded; if so, the way the 1,500 places allocated to post leaving certificate providers in the 7 April 2009 budget are to be offered to the public; the way the extra places being offered are to be targeted towards the unemployed; and if he will make a statement on the matter. [19256/09]

The application process for the 2009/2010 Post Leaving Certificate (PLC) Programme was completed on 1 April 2009 with the allocation of approved places to Vocational Education Committees (VECs) and other providers.

As part of the process, each application is examined by my Department on its merits, taking into account current and previous allocations, current and previous demand and uptake and the overall number of places available. Regard is also had in this context to ensuring appropriate provision on a geographic basis and the necessary critical mass for delivery of a quality education service. In addition, providers must demonstrate a labour market justification for the courses being proposed.

A priority for this Government is to support those who have lost their jobs through retraining and further education and I know in this context that individual VECs will be conscious of the need to adjust provision to meet these priorities. A decision with regard to the allocation of the additional 1,500 places will be made shortly and any allocations will be considered in light of the factors set out above.

Departmental Funding.

Arthur Morgan

Ceist:

40 Deputy Arthur Morgan asked the Minister for Education and Science his views on whether schools will be required to apply more pressure on parents to partake in fund-raising activities as a result of budget cutbacks. [19225/09]

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

The standard rate of capitation grant at primary level increased by €21 in the October budget to €200 per pupil, backdated to 1 September, 2008. This represents an increase of 146% in the standard rate of capitation grant since 2000, when the rate was €81.26. The Budget 2009 improvements involved an increase of more than €21 per pupil; the ancillary services grant for primary schools was also improved by €3.50 to €155 per pupil.

Taken together, these increases mean that primary schools eligible for the full ancillary services grant will get €355 per pupil — or almost €25 extra — in this school year to cover their day to day running costs, with a primary school of 200 pupils in receipt of €5,000 more. In 2000, a primary school with 200 pupils was in receipt of less than €27,000 to meet its day to day running costs. That same school under these new rates will receive €71,000. This excludes the salary of teachers and Special Needs Assistants which are paid by my Department.

Enhanced rates of capitation funding are paid in respect of children with special educational needs who attend special schools or special classes attached to mainstream schools. The current rates range from €512 to €986 per pupil.

At second level, there have been significant improvements in recent years in the level of funding for voluntary secondary schools. With effect from January 2009, the standard per capita grant was increased by €14 per pupil and now amounts to €345 per pupil. In addition, voluntary secondary schools have benefited by the increase of €8 per pupil in 2009 in the support services grant bringing that grant to €212 per pupil.

The cumulative increase of €22 per pupil in a voluntary secondary school brings the aggregate grant to €557 per pupil. These grants are in addition to the per capita funding of up to €40,000 per school that is also provided by my Department to secondary schools towards secretarial and caretaking services. For example, in the case of a secondary school with 500 pupils, this brings annual grants towards general expenses and support service to over €318,500. The corresponding figure in 2000 was approximately €147,300.

My Department has provided an estimated €18.4 million per annum in equalisation funding to date.

Budget allocations for schools in the Community and Comprehensive school sector, along with those in the VEC sector, are increased on a pro rata basis that corresponds to increases in the per capita grant paid to voluntary secondary schools. All schools are eligible for recurrent per capita grants towards special classes and curricular support grants.

While many schools supplement their income by organising fund-raising activities among parents, it is important to acknowledge the increase in State funding that has been made available to schools, and which continues to be made available.

By any standards there have been very significant improvements within a relatively short period of time, and the Government is committed to further increasing funding for schools as resources permit. While increasing resources is important, we must also focus on measures to enhance the quality of education in our schools to ensure that increased resources lead to the best possible outcomes for our children.

We are committed to investing in education but we have to invest at a level that is consistent with what we can afford and what is sustainable at the moment given economic circumstances. I am confident that as the global economy improves it will be possible to build again on the significant achievements of recent years and do so in a manner consistent with overall prudent management of the Irish economy.

Community Employment Schemes.

Joe McHugh

Ceist:

41 Deputy Joe McHugh asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will explain the length of time criteria for a person who was made redundant on 31 December 2008 and who is willing to participate in a community employment scheme in June 2009; and if she will make a statement on the matter. [19473/09]

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. CE helps unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and to assist them to enhance/develop both their technical and personal skills.

The criteria for participating on the Community Employment programme are based on age and length of time in receipt of various social welfare payments. In general, the Part-time Integration Option is for people of 25 or over who are receiving social welfare payments for 1 year or more, and people of 18 years or over in receipt of disability-related payments. The Part-time Job Option is for people who are 35 or over and in receipt of social welfare payments for 3 years or longer.

Certain groups such as travellers and refugees aged 18 or over are eligible for both options. If a person qualifies under the criteria but does not wish to take up the option themselves, there are certain conditions under which a spousal swap can take place. The maximum duration that individuals can remain on CE is dependent on the participant' eligibility status. Typically, participants can avail of periods of between 1 and 6 years.

To cater for older workers in particular, in November 2004 the standard 3 year CE cap was revised to allow those of 55 years of age and over to avail of a 6-year period on CE (based on participation since 3rd April 2000). Subsequently, the participation limit for persons eligible for CE based on a Social Welfare disability linked payment (including those under 55) was increased by 1 year. These measures were introduced in recognition of the fact that older participants and participants with a disability may find it more difficult to progress into the open labour market.

Further information on the Community Employment Programme is available from the FÁS website www.FÁS.ie.

FÁS Training Programmes.

Joe Carey

Ceist:

42 Deputy Joe Carey asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on allocating extra resources for training and re-training opportunities for those in employment but placed on short weeks or short time in order to preserve jobs; and if she will make a statement on the matter. [19468/09]

In the Supplementary Budget of 7 April last I announced a number of specific activation measures including a pilot scheme for short-term workers, which will provide training and income support to 277 workers considered to be in vulnerable employment. This will represent a significant new approach to supporting people in vulnerable employment. Under this training programme workers who are on short time working and signing on the Live Register for the days they are not working will receive 2 days training on those days with a view to enhancing their skill levels and employability.

Discussions are ongoing between my Department and other relevant Departments and it is expected that these discussions will be finalised in the near future when further details will be available concerning this scheme.

To further assist individuals through the provision of education and training opportunities in February 2009 I announced the availability of 51,000 new training places under the FÁS Training Initiatives Strategy. These places are in addition to the 27,000 previously planned for 2009 under the Bridging Foundation Training, Specific Skills Training and Traineeships Programmes. A further 13,848 places announced in the Supplementary Budget brings the total number of short course training places available to 92,000. Combined with the other available education and training interventions provided by FÁS this brings the total available places for the unemployed to 128,000 this year.

The 92,000 training places on short courses are available to the unemployed and people on short-time work and will be delivered through three core-training initiatives, Short Courses, Night Courses and Online Courses. The courses are for people who wish to add to their existing skills level and provide an excellent option for those who need a FÁSt flexible intervention and who prefer a self directed e-learning and blended learning environment.

State Agencies.

Finian McGrath

Ceist:

43 Deputy Finian McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will support a matter (details supplied). [19488/09]

Day to day decisions in relation to the funding of individual Skillnets networks are a matter for the Board of Skillnets.

Departmental Expenditure.

Joan Burton

Ceist:

44 Deputy Joan Burton asked the Minister for Finance if he will provide, by number and value, the proportion of leases for office accommodation entered into by the Commissioners of Public Works for fixed rents, that are subject to rent review clauses, and that are subject to upwards only rent review clauses; if and when the Office of Public Works ceased to agree to upwards only rent review clauses; the position adopted by the OPW in current circumstances when negotiating rent reviews in general and upwards only reviews in particular; if upwards only clauses have been successfully re-negotiated; and if he will make a statement on the matter. [19406/09]

Over the last twenty years, it has been standard practice in the property industry for almost all medium to long-term commercial leases to incorporate an upwards only rent review clause. The vast majority of leases entered into in that time by the Commissioners of Public Works complied with this commercial norm.

Currently, the Commissioners hold over 490 leases with an annual rent in excess of €10,000. Some 90% of these, with an annual rental bill of about €120m, are subject to periodic rent review.

Since the beginning of 2009, the policy of the Commissioners has been to avoid, where possible, upwards only review clauses in negotiations on all new medium to long-term leases and the renewal of existing leases. The Commissioners have also adopted a policy of seeking, where possible, reductions on existing rents that fall due for review in 2009.

To date, no rent reviews with a 2009 date have been concluded, although two lease renewals have been agreed this year, both at reduced rents.

Departmental Guidelines.

Ruairí Quinn

Ceist:

45 Deputy Ruairí Quinn asked the Minister for Finance the date of the last update to the rules for tendering processes issued by his Department; if the rules allow for alterations to the process for scoring tenders while the tender is open; if there is an appeals process for tender decisions; if so, the location at which details of this may be found; and if he will make a statement on the matter. [19410/09]

Rules and guidelines on public tendering are revised and updated periodically in line with developments in the public procurement regime. General guidance on award of contracts issued in 2004 and detailed guidance on particular aspects has been published on the national public procurement website www.etenders.gov.ie.

Guidance Notes issued for (i) public works contracts in April 2007 and (ii) appointment of consultants for construction related services in December 2006 are published on a website dedicated to construction procurement www. constructionprocurement.gov.ie.

The procurement guidelines provide that criteria for the award of contracts should be made known to tenderers in advance of tendering and that new or amended criteria may not be introduced in the course of the award procedure.

Tenderers must be informed of the result of a tendering procedure without delay. A contracting authority must allow an interval (currently 14 calendar days) between the date of informing unsuccessful tenderers of its award decision and the signing of a contract to give dissatisfied tenderers an opportunity to request a review of the decision if they consider that there are grounds for seeking such a review. These provisions are set out in the published regulations implementing EU Remedies Directives, are cited in the guidelines, are widely notified and are made available on the etenders website. The review body in Ireland is the High Court and the standard notice used when advertising contracts on the Official Journal of the EU has a provision for indicating this information to potential tenderers.

These formal review procedures apply in the case of contracts covered by EU Directives (including works contracts above approximately €5 million, supplies and service contracts above approximately €130,000 for central Government sector and €200,000 for most other sectors). The guidelines also promote a policy of voluntary debriefing of unsuccessful tenderers and contracting authorities are encouraged to engage with unsuccessful tenderers on the evaluation of their bids. In many cases, this can avoid the need for recourse to formal review procedures, encourage better bids in future and generate confidence in the integrity of the process.

State Agencies.

Ruairí Quinn

Ceist:

46 Deputy Ruairí Quinn asked the Minister for Finance further to parliamentary Question No. 337 of 22 April 2009, if his Department is the body ultimately responsible for deciding whether the staff at An Bord Altranais are affected by the moratorium on public sector recruitment; if not, the Ministry which is; and if he will make a statement on the matter. [19463/09]

A general moratorium on recruitment, promotion and acting appointments in the public service was introduced with effect from 27 March 2009. This moratorium includes all agencies under the aegis of all Government Departments and Offices, with the exception of commercial semi-state bodies.

Any exceptions to this principle in the Health area, which will arise in very limited circumstances only, will require the prior approval in each case of the Department of Health and Children (who will carry out a detailed assessment of the requirement) and the prior sanction of the Department of Finance. Accordingly, it would be a matter in the first instance for the Department of Health & Children to consider if any exceptions should be considered in the Health sector.

Tax Collection.

Joe McHugh

Ceist:

47 Deputy Joe McHugh asked the Minister for Finance if he will enumerate the Exchequer benefits of inheritance tax from the period 2000 to 2008 in tabular form; and if he will make a statement on the matter. [19480/09]

I am informed by the Revenue Commissioners that the information available in respect of the yield from inheritance tax is as follows:

Year

Inheritance Tax

€m

2000

154.7

2001

121.5

2002

128.1

2003

130.7

2004

171.3

2005

196.7

2006

299.4

2007

314.5

2008

291.8

Tax Code.

Bernard J. Durkan

Ceist:

48 Deputy Bernard J. Durkan asked the Minister for Finance if a refund of income tax is due in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19533/09]

I have been advised by the Revenue Commissioners that they have no record of payment of income tax by the person concerned in recent years. If he wishes to pursue his claim, I would suggest that he submit the relevant details, with supporting documentation, to Geraldine Morrissey, Kildare Revenue, Athy Business Campus, Castlecomer Road, Athy, County Kildare.

Departmental Staff.

Noel Ahern

Ceist:

49 Deputy Noel Ahern asked the Minister for Finance if he will clarify the position in relation to Civil Service staff who retired early on ill health grounds; the additional concessions or facilities available to such staff and particularly in the case of Revenue Commissioners staff; if they qualify for the equivalent of the free schemes, fuel allowance and so on which would be available to those on an equivalent invalidity social welfare pension if they were in the social welfare net; and if he will make a statement on the matter. [19548/09]

When a civil servant with at least five years' actual reckonable service retires on grounds of permanent ill-health, there is immediate payment of pension and lump sum. The retirement benefits may be supplemented by the award of added years, at the discretion of the Minister for Finance, the amount of which depends on the member's age and actual service. In respect of the Spouse's and Children's pension scheme, benefits are based upon the pension which would have been payable if the member had served to maximum retiring age, subject to a 40-year limit and provided that the appropriate contributions have been made. The terms of ill health retirement are set out in the Superannuation Handbooks which are available at www.cspensions.gov.ie.

Qualification for schemes operated by the Department of Social & Family Affairs is a matter for the Minister of that Department.

Tax Code.

Róisín Shortall

Ceist:

50 Deputy Róisín Shortall asked the Minister for Finance if it is correct that a person (details supplied) should be paying the income levy on income received from an Irish institution. [19572/09]

I am advised by the Revenue Commissioners that the person in these particular circumstances is not liable to pay the income levy. The pension provider should refund the income levy deducted since 1 January 2009.

Departmental Staff.

Jim O'Keeffe

Ceist:

51 Deputy Jim O’Keeffe asked the Minister for Finance the filling of posts by Department which he has been asked to sanction and those which he has sanctioned since the introduction of the embargo on the recruitment of public servants; and if he will make a statement on the matter. [19582/09]

On 27 March 2009, I announced a moratorium on recruitment and promotion in the public service (with certain exceptions in the health and education sectors). Since then my Department has received 221 applications for the filling of posts comprehended by the moratorium. To date, I have sanctioned 55 (36 are for staff in the offices of recently appointed Ministers of State). The details are set out in the following table.

Department/Office

Applications

Sanction Conveyed

Agriculture, Fisheries & Food

73

13

Arts, Sports & Tourism

1

1

Office of the Attorney General

3

3

Communications, Energy & Natural Resources

2

0

Community, Rural & Gaeltacht Affairs

10

10

Education & Science

25

0

Enterprise, Trade & Employment

26

7

Environment, Heritage & Local Government

33

0

Health & Children

12

12

Justice, Equality & Law Reform

14

0

Office of Public Works

6

4

Social & Family Affairs

6

1

Taoiseach

4

4

Transport

6

0

Total

221

55

I am also allowing the recruitment of some seasonal summer staff (e.g. life guards, guides at heritage sites, cover for term time absences and analogous cases).

Services for People with Disabilities.

David Stanton

Ceist:

52 Deputy David Stanton asked the Minister for Health and Children if she will provide assistance to enable a child (details supplied) in County Cork to avail of personal assistance in order to attend preschool; and if she will make a statement on the matter. [19471/09]

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 Services.

Bernard J. Durkan

Ceist:

53 Deputy Bernard J. Durkan asked the Minister for Health and Children her proposals to meet the speech and language requirements in all schools here in 2009 without exception; and if she will make a statement on the matter. [19506/09]

The Government emphasised its commitment to people with disabilities by allocating an additional €20 million in budget 2009 for health and education services for children with special educational needs. €10 million of this allocation will be to the Health Service Executive (HSE), and €10 million to the Department of Education and Science, to enable the services provided to children with special educational needs to be enhanced and strengthened.

The additional €10 million allocated to the Health Service Executive will provide for 125 additional therapy posts in the disability and mental health services, targeted at children of school-going age. Of this, an additional 90 posts will be provided in the disability services area, to include Speech and Language therapists, Occupational therapists, Physiotherapists and Psychologists for children's disability services. There will be 35 additional posts for the Child and Adolescent mental health services, including Clinical Psychologists, Occupational Therapists, Speech and Language therapists and Social Workers for new and existing multi-disciplinary teams.

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.

Medical Cards.

Thomas Byrne

Ceist:

54 Deputy Thomas Byrne asked the Minister for Health and Children the status of a medical card application by a person (details supplied) in County Meath. [19396/09]

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

Hospital Waiting Lists.

Charles Flanagan

Ceist:

55 Deputy Charles Flanagan asked the Minister for Health and Children when a person (details supplied) in County Offaly will be called to Beaumont Hospital, Dublin, in respect of brain surgery; and if she will make a statement on the matter. [19411/09]

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

Community Care.

Michael McGrath

Ceist:

56 Deputy Michael McGrath asked the Minister for Health and Children if there are potential funding sources within her Department for a proposed community facilities project (details supplied) in County Cork. [19414/09]

The question of funding the facilities in question is a matter for the Health Service Executive, in accordance with the overall priorities for particular services as set out in its Service Plan. The Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services.

Finian McGrath

Ceist:

57 Deputy Finian McGrath asked the Minister for Health and Children if she will support a person (details supplied). [19426/09]

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.

Medical Cards.

Ned O'Keeffe

Ceist:

58 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will ascertain the position regarding a medical card application which was submitted three months ago in respect of a person (details supplied) in County Cork. [19432/09]

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

Hospital Waiting Lists.

John McGuinness

Ceist:

59 Deputy John McGuinness asked the Minister for Health and Children if an early appointment for an assessment and knee operation will be arranged in the case of a person (details supplied) in County Kilkenny. [19439/09]

The management of out-patient waiting lists is a matter for the HSE and the individual hospitals concerned. I have, therefore, referred the Deputy's question to the Executive for direct reply

John McGuinness

Ceist:

60 Deputy John McGuinness asked the Minister for Health and Children if an assessment and operation will be provided for a person (details supplied) in County Kilkenny; and if she will expedite a response. [19440/09]

The management of out-patient waiting lists is a matter for the HSE and the individual hospitals concerned. I have, therefore, referred the Deputy's question to the Executive for direct reply.

Hospital Services.

John McGuinness

Ceist:

61 Deputy John McGuinness asked the Minister for Health and Children if a public long stay bed will be provided for a person (details supplied) in County Kilkenny; and if she will expedite a response. [19441/09]

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

Care of the Elderly.

John McGuinness

Ceist:

62 Deputy John McGuinness asked the Minister for Health and Children if the Health Service Executive will consider the lease or purchase of a nursing home (details supplied) in County Kilkenny for the provision of long stay public beds in respect of the care of the elderly in view of the demand in the county and neighbouring counties; if the facility which is available as a turn key project will be examined to determine the use the HSE might have for such a state of the art centre of care; if she will investigate the proposals; and if she will make a statement on the matter. [19442/09]

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

Health Services.

John McGuinness

Ceist:

63 Deputy John McGuinness asked the Minister for Health and Children if home help will be provided in the case of a person (details supplied) in County Kilkenny; and is she will expedite an outcome to the application. [19443/09]

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

Phil Hogan

Ceist:

64 Deputy Phil Hogan asked the Minister for Health and Children if she will intervene to support the provision of additional funding for an organisation (details supplied) in County Kilkenny; and if she will make a statement on the matter. [19453/09]

The Department of Health and Children does not fund organisations working in the disability sector directly. Under the Health Act 2004, the Health Service Executive has responsibility for the management and delivery of health and personal social services. 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.

Child Care Services.

Michael McGrath

Ceist:

65 Deputy Michael McGrath asked the Minister for Health and Children her views on the involvement of Montessori schools in the early childhood care and education scheme (details supplied). [19457/09]

As the Deputy will be aware, I have responsibility for the implementation of the new scheme to provide a free Pre-School year of Early Childhood Care and Education (ECCE) which was announced recently by the Minister for Finance.

The scheme, which is being introduced from January 2010, will be open to almost 5,000 private and voluntary pre-school services, including montessori schools. The scheme will allow children to avail of a free play-school place in their pre-school year, which will be provided for three hours per day, five days per week for 38 weeks. It will also allow children in their pre-school year who are attending full day or part-time day care services to avail of a free session of two hours and 15 minutes per day, five days per week for 50 weeks.

Participating services will receive capitation of €64.50 per week where children attend for 38 weeks, and €48.50 where they attend for 50 weeks of the year. Services will receive payments at the start of each term. Where the child is attending full-day or part-time child care, the service will be required to reduce the child care fees by the amount of the capitation. A participating service may also operate a pre-school service which is not within the scheme.

Services which choose to participate in the scheme must do so on the basis that the pre-school provision is available without charge. It is, however, open to services to charge parents for additional services which they provide, including additional hours and additional activities or services, provided these are offered on an optional basis to parents and provided appropriate programme based activities are provided to children not participating in an additional activity.

To ensure that a satisfactory standard of pre-school provision is delivered, a minimum enrolment of eight children is envisaged. Exceptions will be considered where, for good reason and subject to compliance with all other contractual requirements governing the scheme, a service has an enrolment of at least five children in their pre-school year or there is a minimum enrolment of eight children of which at least three are in their pre-school year and the remainder would be eligible in the following year.

Housing Aid for the Elderly.

Tom Hayes

Ceist:

66 Deputy Tom Hayes asked the Minister for Health and Children the reason capital assistance scheme funding administered by the Health Service Executive has been cancelled; when funding for an organisation (details supplied) in respect of a further 20 accommodation units under this fund will be granted, having previously been approved; the number of other projects cancelled under this scheme; if the fact that legal contracts were made, and commitments to those wishing to move into the units were made will be taken into account; and if she will make a statement on the matter. [19460/09]

From the details supplied by the Deputy it appears that the Deputy is referring to the Capital Assistance Scheme (CAS) Funding which is provided by the Department of the Environment Heritage and Local Government and drawn down through the local authorities. Accordingly, this scheme does not fall under this Department's or the Health Service Executive's remit.

Health Service Staff.

Ruairí Quinn

Ceist:

67 Deputy Ruairí Quinn asked the Minister for Health and Children further to Parliamentary Question No. 337 of 22 April 2009, if her Department is the body ultimately responsible for deciding whether the staff at An Bord Altranais are affected by the moratorium on public sector recruitment; if not, the Ministry which is; and if she will make a statement on the matter. [19462/09]

In order to implement savings measures on public service numbers, the Government has decided that, with effect from 27 March 2009 to end 2010, no post in the public sector, however arising, may be filled by recruitment, promotion, or payment of an allowance for the performance of duties at a higher grade. The decision also applies to temporary appointments on a fixed-term basis and to the renewal of such contracts. Therefore when vacancies arise, each agency must reallocate or reorganise work or staff accordingly. In the case of the health sector, any exceptions to this principle, which will arise in very limited circumstances only, require the prior sanction of both the Minister for Health and Children and the Minister for Finance.

Hospital Staff.

Joe Carey

Ceist:

68 Deputy Joe Carey asked the Minister for Health and Children when the appointment of two cystic fibrosis nurse specialists will be made for the mid-west at Limerick Regional Hospital; and if she will make a statement on the matter. [19469/09]

Joe Carey

Ceist:

69 Deputy Joe Carey asked the Minister for Health and Children when the appointment of a specialist cystic fibrosis adult physiotherapist will be made for the mid-west at Limerick Regional Hospital; and if she will make a statement on the matter. [19470/09]

In order to implement savings measures on public service numbers, the Government has decided that, with effect from 27 March 2009 to end 2010, no post in the public sector, however arising, may be filled by recruitment, promotion, or the payment of an allowance for the performance of duties at a higher grade. The decision also applies to temporary appointments on a fixed-term basis and to the renewal of such contracts.

Arrangements have been put in place for the health sector that aim to ensure that key services are maintained insofar as possible and there will be flexibility in relation to the filling of key frontline posts for the following grades; Hospital Consultants, Speech and Language Therapist, Occupational Therapist, Physiotherapist, Clinical Psychologist, Behavioural Therapist, Counsellor, Social workers and Emergency Medical Technicians to allow for the continued development of integrated health care, particularly primary and community care, care of the elderly and people with disabilities.

The way in which the Government decision will be applied is a matter for the Health Service Executive. My Department has asked the HSE to reply to the Deputies in relation to the specific issues raised.

Nursing Home Charges.

James Reilly

Ceist:

70 Deputy James Reilly asked the Minister for Health and Children the legal position and her policy on demands by care institutions in the State that residents or clients hand over their social welfare books or pension books to these institutions; and if she will make a statement on the matter. [19483/09]

The Health (Amendment) Act 2005 provides the legislative basis for the imposition of charges on residents of Health Service Executive long stay care. When residents are admitted to Health Service Executive long stay care, the resident and/or their family are informed that a charge will apply and they are advised of the different payment methods that are available to assist in paying the charge. The payment options include:

(a) Payment can be made on foot of an invoice issued to the resident or their personal representative.

or

(b) The resident's pension/social welfare entitlement may be submitted to the care unit, where the resident or their family arranges with the Department of Social & Family Affairs for the Health Service Executive to become the agent of the pension/social welfare entitlement. The Health Service Executive then makes deductions from the pension/social welfare entitlement for long stay charges with the remaining balance either lodged to the resident's own private property account or returned to them in cash, depending on the wishes of the resident/personal representatives.

Residents of the Health Service Executive care units are not obliged to hand over their social welfare or pension books to the institution. It is at the discretion of the resident and/or their personal representative to choose which payment method is the preferred option.

Services for People with Disabilities.

James Reilly

Ceist:

71 Deputy James Reilly asked the Minister for Health and Children if her attention has been drawn to demands for large increases in charges for disability services in a reported case (details supplied) of up to 85%; and if she will make a statement on the matter. [19484/09]

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.

Ambulance Service.

Joanna Tuffy

Ceist:

72 Deputy Joanna Tuffy asked the Minister for Health and Children the level of funding provided, in each of the past five years, for the air ambulance service operating out of Bantry General Hospital in County Cork; if there are plans to further develop this service; and if she will make a statement on the matter. [19489/09]

An air ambulance service is currently provided by the Air Corps on the basis of a Service Level Agreement prepared by the Departments of Defence and Health and Children, in consultation with the Health Service Executive, the Defence Forces and the Air Corps; all of which are signatories to it. This arrangement has operated successfully for a number of years.

The air ambulance service is provided by the Air Corps for the following categories:

Inter-hospital transfer of patients with spinal or other serious injury or illness,

Neonates requiring immediate medical intervention in Ireland,

Patients requiring specialised emergency treatment in the UK,

Organ retrieval teams within Ireland, and

Paediatric patients requiring immediate medical intervention in Ireland.

In addition, the Irish Coast Guard provides Air Ambulance inter-hospital transfers as part of its mission tasking and also provides for emergency medical evacuation from the islands around Ireland. In situations where the Coast Guard service is not available, the Air Corps will transport patients from offshore islands to mainland hospitals. The particular issue raised by the Deputy is a service matter and has been referred to the HSE for direct reply.

Health Service Staff.

Tom Hayes

Ceist:

73 Deputy Tom Hayes asked the Minister for Health and Children the reason the moratorium on recruitment in the health service is affecting the newly qualified pharmacists taking up their essential pre-registration trainee placements; the number of trainees affected by this measure; the way they will get future employment without this key year; and her plans to have suitable pharmacists work in hospitals here without allowing this year in the future. [19491/09]

Notwithstanding the Government decision to introduce a moratorium on recruitment across the public service, certain posts in the health sector may be filled, through the application of exemptions in the employment control framework for front line posts. In this regard, provision has been made within the employment control framework for the continuation of the normal arrangements in relation to the filling of clinical placements, rotations and training positions for health care professionals, including trainee pharmacists.

Pharmacy graduates are obliged to complete one year's post-qualification training before they are eligible to become registered pharmacists. This is to fulfil the EU obligation that pharmacy education is of a minimum of 5 years duration. Furthermore, at least 6 months of the pre-registration training must be in a clinical setting, either in a community or hospital pharmacy. This course of pre-registration study, supervised work experience and examination is organised by the Pharmaceutical Society of Ireland (PSI).

In the past number of years there have been 28 pre-registration pharmacist practical placements available in the public hospital sector. However, the PSI is aware that pharmacy students who are expecting to graduate this year have been experiencing difficulties in securing placements in a number of these hospitals. The PSI has informed me that it is preparing a contingency plan in the event that there is a shortfall in the number of placements available this year and I welcome the initiative of the PSI in this regard.

The PSI has been in discussions with the HSE concerning the number of placements available in the hospital sector and to ascertain whether there is an opportunity to increase the throughput of students in this area. The PSI's contingency plan endeavours to ensure that all of the students are enabled to acquire a ‘qualification appropriate for practice' and thereby to obtain registration as pharmacists and practice their profession. For example, to date, the majority of pre-registration pharmacy students have tended to undertake 12 months of pre-registration training in one establishment e.g. a community or hospital pharmacy. However, it is possible for students to undertake two 6 months placements, one of which must be in a community or hospital pharmacy and the second 6 months in another establishment relevant to the practise of pharmacy e.g. in the pharmaceutical industry, academia, etc.

The PSI's contingency plan requires the full support of the HSE, community pharmacies and the pharmaceutical industry, as well as tutor pharmacists across all sectors of practice, either in the community, hospital, industry, academic and regulatory sectors, if it is to succeed. I would urge all concerned to support the PSI in this initiative.

Medical Cards.

Bernard J. Durkan

Ceist:

74 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [19543/09]

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

Bernard J. Durkan

Ceist:

75 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [19544/09]

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

Health Services.

Bernard J. Durkan

Ceist:

76 Deputy Bernard J. Durkan asked the Minister for Health and Children when assistance will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [19545/09]

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

Medical Cards.

Bernard J. Durkan

Ceist:

77 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card application will be reviewed in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [19546/09]

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

Bernard J. Durkan

Ceist:

78 Deputy Bernard J. Durkan asked the Minister for Health and Children the position in relation to an application for a medical card in the case of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [19547/09]

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

Róisín Shortall

Ceist:

79 Deputy Róisín Shortall asked the Minister for Health and Children if she has an estimate of the percentage of over 70 year olds who hold a full medical card; and if she will make a statement on the matter. [19567/09]

The HSE's medical card database shows that on the 1st April 2009 there were 334,151 medical card holders aged 70 and over.

Róisín Shortall

Ceist:

80 Deputy Róisín Shortall asked the Minister for Health and Children her estimate of the cost to the Exchequer if the criteria for the means-testing of over 70 year olds was based on net income rather than gross. [19568/09]

Under the new arrangements effected by the Health Act 2008, a much simplified system of assessment for eligibility was introduced in respect of persons aged 70 or over, based on the significantly higher gross income thresholds rather than the standard net income limits. The gross income thresholds are €700 per week for a single person and €1,400 for a couple, as against net income limits of €201.50 for a single person and €298 for a couple. Under the net income assessment system, allowance may be made for rent/mortgage, travel to work and childcare costs. Persons who do not qualify under the new gross thresholds can apply to the Health Service Executive (HSE) for a medical card or GP visit card under the existing net income thresholds. They can also apply for a medical card / GP visit card on hardship grounds.

My Department or the HSE do not hold data which would allow for the calculation of the effect on the numbers who would qualify for a medical card (and hence the cost) if the current method of assessing means for persons aged 70 and over was changed from gross to net.

Health Services.

Frank Feighan

Ceist:

81 Deputy Frank Feighan asked the Minister for Health and Children if, in relation to a person (details supplied) in County Roscommon, she will investigate the possibility of placement for them in order that they can receive the appropriate treatment which they require. [19580/09]

I have no function in relation to the management of St. Patrick's Hospital, James's Street, Dublin; it is an independent voluntary organisation. I have however asked the HSE to investigate the issue and reply directly to the Deputy.

Road Traffic Offences.

Paul Kehoe

Ceist:

82 Deputy Paul Kehoe asked the Minister for Transport if a person (details supplied) can apply for the full licence; and if he will make a statement on the matter. [19456/09]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) this is a matter for the Road Safety Authority.

Bus Services.

Joan Burton

Ceist:

83 Deputy Joan Burton asked the Minister for Transport if he will clarify the position in relation to the continued use of the Dublin Port tunnel by the 41X service run by Dublin Bus; if he will withdraw permission for this service to use the tunnel; and if he will make a statement on the matter. [19452/09]

As part of the settlement of High Court proceedings brought by the operators of the Swords Express bus service, my Department undertook to carry out an investigation under Section 25(2) of the Transport Act 1958 in relation to the decision to note the re-routing through the Port Tunnel of the 41X service operated by Dublin Bus.

That investigation has been completed and copies were sent to both Swords Express and Dublin Bus who were invited to make submissions as to whether the Minister should grant consent under section 25(1) of the Transport Act 1958 Act to Dublin Bus to continue to operate the 41X service on its current route. Both parties have made submissions, which are currently being considered by my Department.

Harbours and Piers.

Joanna Tuffy

Ceist:

84 Deputy Joanna Tuffy asked the Minister for Transport if he has provided funding for the development of Baltimore Harbour in County Cork; the level of funding provided; when he expects work to commence on this development; and if he will make a statement on the matter. [19490/09]

€1,335,000 has been allocated to Baltimore and Skibbereen Harbour Commissioners for remedial works at Baltimore Harbour in 2009. Design and preparation of regulatory permission documentation has commenced and work will commence when all these procedures are complete.

Road Network.

Thomas P. Broughan

Ceist:

85 Deputy Thomas P. Broughan asked the Minister for Transport if he is reviewing proposals from the National Roads Authority for a bypass of Slane, County Meath; his views on the proposals of a group (details supplied); and if he will make a statement on the matter. [19493/09]

As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads is a matter for the National Roads Authority under the Roads Act 1993 in conjunction with the local authorities concerned.

Departmental Responsibilities.

Fergus O'Dowd

Ceist:

86 Deputy Fergus O’Dowd asked the Minister for Transport the person who has responsibility for the functions formerly carried out by the National Safety Council and not taken over by the Road Safety Authority; and if he will make a statement on the matter. [19495/09]

The only function of the National Safety Council not taken over by the Road Safety Authority in 2006 was Fire Safety which was transferred to the Department of Environment, Heritage and Local Government.

Fergus O'Dowd

Ceist:

87 Deputy Fergus O’Dowd asked the Minister for Transport the responsibilities his Department has for accident prevention, such as personal accidents in public places and so on, that are not covered by the Road Safety Authority or the Health and Safety Authority; and if he will make a statement on the matter. [19557/09]

Accident prevention in the maritime sector is promoted via a safety programme involving an appropriate combination of statutory regulation and enforcement. My Department also has a proactive role in raising awareness on maritime safety. Each year a safety awareness programme is undertaken in conjunction with other State bodies, the aim of which is to achieve the highest level of safety at sea and on inland waters.

Safety standards, which include health and safety at an operational level on board vessels, are enacted under Irish and international law for all vessels trading into and out of Irish ports. Vessels are required to carry appropriate certification to demonstrate compliance with, for example, the International Maritime Organisation's Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and the International Labour Organisation's Prevention of Accidents (Seafarers) Convention.

A suite of regulations has also been implemented in relation to all categories of fishing vessels. In addition my Department recently published a revised edition of the Code of Practice for The Safe Operation of Recreational Craft. This sets out best practice for various types of recreational craft including vessel standards, equipment, safety operations, emergency procedures and current legislative requirements.

The Marine Survey Office of my Department, together with other relevant bodies, conduct regular inspections of all seagoing vessels, under the relevant inspection regimes, to ensure compliance with the conventions and regulations.

Where accidents do occur, and subsequent incident investigations result in recommendations to avoid similar marine casualties in the future by addressing any shortcomings in either the statutory basis or in relation to enforcement arrangements, such recommendations make a significant contribution to ongoing development of the maritime safety agenda.

The Air Accident Investigation Unit (AAIU) of the Department of Transport is responsible under Annex 13 to the Convention on International Civil Aviation (Aircraft Accident and Incident Investigation), EU Council Directive 94/56/EC (21 November 1994, and Statutory Instruments S.I. No 205 of 1997, Air Navigation (Notification and Investigation of Accidents and Incidents) Regulation, 1997, for the investigation of all aviation accidents and incidents that occur in the State and to provide technical and operational assistance to foreign States that conduct investigations into Irish Register aircraft aboard. The sole purpose of these investigations is to prevent aviation accidents and incidents. It is not the purpose of any such accident investigation and the associated investigation report to apportion blame or liability.

Young Offenders.

Bernard J. Durkan

Ceist:

88 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he, directly or in conjunction with other Departments, examined the need for the provision of accommodation for young offenders with a view to breaking the sequence of crime in which they have become involved; and if he will make a statement on the matter. [19504/09]

The Irish Youth Justice Service is responsible for the provision of accommodation for young offenders detained by the courts in the 4 Children Detention Schools and I am satisfied that there is adequate provision to meet the demands of the courts in this regard.

The National Youth Justice Strategy (2008-2010) was published in March 2008 and sets out a range of agreed objectives across a number of government departments and agencies. A copy of the Strategy is available on the Irish Youth Justice Service website www.iyjs.ie. The Strategy aims to provide a partnership approach among agencies dealing with young offenders and has seen the continued development of a system focused on reducing offending and improving outcomes for both young people and communities. Based on the recent reforms in the youth justice area and the provisions of the Children Act 2001 (as amended), the Strategy aims to reduce offending behaviour by diverting young people away from the criminal justice system, promoting the use of community sanctions and ensuring that there is a safe and secure environment for those young people who have been ordered to be detained by the Courts. Where children are detained, the aim is to assist their early reintegration and to link in with appropriate services in the community on their release.

Arising from a Government decision in March 2008, new national children's detention facilities are scheduled to be developed at Oberstown, Co. Dublin to provide sufficient detention places for all children under the age of 18 years ordered to be detained by the Courts and to facilitate the delivery of individualised programmes to prepare children to make a positive, productive and law abiding contribution to society. The development will increase the accommodation capacity in the children detention schools from 77 to 167 places and will include places for 16 and 17 year old boys currently detained in St. Patrick's Institution.

This project is currently at the design stage and it is expected that the tendering process for the construction phase should take place in 2010. The Deputy will be aware, however, that tendering for the construction of the new facilities will be subject to Government approval and to the necessary funding being made available.

Sexual Offences.

Charles Flanagan

Ceist:

89 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he will confirm the entry on the sex offenders register of the name of a convicted person (details supplied); the date the entry in the register was first made; and if he will make a statement on the matter. [19412/09]

The Sex Offenders Act, 2001 contains a comprehensive series of provisions aimed at protecting children and other persons against sexual abuse and attack. The Act makes persons convicted of a range of sexual offences subject to notification requirements under Part 2 of the Act. The provisions of the Act also extend to any sex offenders who enter the State.

An Garda Síochána has a system in place for the monitoring of persons subject to these requirements. The Domestic Violence and Sexual Assault Investigation Unit monitors and manages the notification provisions. The Unit maintains all information relating to persons who have obligations under the Act. There is a nominated Garda Inspector in each Garda Division who has responsibility for the monitoring of persons subject to the requirements of the Act in their Division. As soon as the Domestic Violence and Assault Investigation Unit is advised by a relevant authority, such as the Irish Prison Service, the Courts Service or a foreign law enforcement agency, of the impending release or movement of sex offenders into their area this information is immediately passed to the nominated Inspectors, who are advised of information relevant to their Division. Should they arise, child protection issues are raised with the health authorities, as set out in the Children First guidelines.

Section 10 of the Sex Offenders Act, 2001 requires offenders to notify the Garda Síochána of their name and home address within seven days of becoming subject to the notification requirement. Notification is made at any Garda Divisional or District headquarters and may be done so in person or by post. Thereafter offenders must, within seven days of the event, notify the Gardaí of any subsequent changes to their name or address. Offenders who leave the State for an intended continuous period of seven days or more must inform the Gardaí in advance of their leaving.

I am informed by the Garda authorities that they do not provide information on individual cases, nor is information provided that might lead to the identification of individuals.

Traveller Community.

Michael McGrath

Ceist:

90 Deputy Michael McGrath asked the Minister for Justice, Equality and Law Reform if there are potential funding sources within his Department for a proposed community project (details supplied) in County Cork. [19449/09]

I can inform the Deputy that there is no funding source within my Department for the proposed community project as allocations have already been made for 2009 and there are no plans to consider new applications. The Deputy might also wish to note that my Department's funding allocations for 2009 Traveller Interagency projects have also been decided. The relevant funds are allocated through the Traveller Interagency Groups, which can be contacted through the Community and Enterprise Section of each Local Authority.

Garda Investigations.

Finian McGrath

Ceist:

91 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied) in Dublin 9. [19451/09]

I am informed by the Garda authorities that the incident referred to by the Deputy was not reported at the time it occurred but later the same day to Clontarf Garda Station, where the incident is currently under investigation. Statements have been taken from parties involved in the incident, and an investigation file is being prepared for submission to the Law Officers for direction on possible criminal proceedings. I am further informed that the person referred to by the Deputy will be informed by An Garda Síochána of the outcome of the investigation.

Garda Deployment.

Thomas P. Broughan

Ceist:

92 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of gardaí attached to Coolock Garda station; if a Garda clinic is operating at Clongriffin town square; the regularity with which policing of Clongriffin, Belmayne and Burnell in the north fringe area of Dublin is being carried out; and if he will make a statement on the matter. [19464/09]

The personnel strengths of Coolock Garda Station and Coolock Garda Division, at the latest date for which figures are readily available, were 122 and 252 respectively.

I am informed by the Garda Commissioner that Senior Garda management in the Dublin Metropolitan Region, North Division, are satisfied that a full and comprehensive policing service is being delivered to the Clongriffin and surrounding areas. There is a dedicated Community Policing Unit, comprising four members, allocated specifically to the area. These members patrol on foot and mountain bike, supplemented by other patrols by uniform and plain-clothes personnel, including the District Detective and Drug Units, the Divisional Crime Task Force and Traffic Corps personnel.

At present there is no Garda Clinic operating at Clongriffin Town Square. Responsibility for the allocation of Garda personnel in the DMR North rests with the local Divisional officer. Resource levels are constantly monitored, in conjunction with crime trends and other demands made on An Garda Síochána.

Gender Equality.

Tom Hayes

Ceist:

93 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform if he will provide a breakdown of the €4.982 million under the Revised Estimates for gender mainstreaming and positive action; the allocation for the implementation of the national women’s strategy and for the equality for women’s measure, EWM; the amount and when it will be allocated with the EWM for the four strands that were announced, access to employment, development of female entrepreneurship, career development for women in employment and fostering women as decision makers; and when there will be a public announcement on funding to all those who applied by July 2008, in view of the fact that this is making the work done by many groups uncertain until further clarification. [19492/09]

The first strand of the Equality for Women Measure (Access to Employment) was launched in Summer 2008 and it attracted a high level of interest, with over 150 applications being received. All the project proposals have been appraised but the extremely difficult Exchequer position has made it difficult to commit funding, and the matter continues to be kept under review. My Department is now in the process of completing its review and the decisions taken on the outcome will be made known in the near future.

Citizenship Applications.

Bernard J. Durkan

Ceist:

94 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in relation to an application for citizenship in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [19520/09]

Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's Question.

Asylum Applications.

Bernard J. Durkan

Ceist:

95 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency and family reunification in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [19521/09]

The person concerned applied for asylum on 15 January 2004. Her application was refused following consideration of her 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 30 September 2005, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned at that time.

The person concerned was subsequently notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned has 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.

I am advised that the application for family reunification which related to the person concerned has been withdrawn.

Bernard J. Durkan

Ceist:

96 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a review can or will be undertaken in the case of an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [19522/09]

I refer the Deputy to Parliamentary Questions Nos. 179 of Thursday 11 December 2008 and 836 of Tuesday 8 July 2008 and the written Replies to those Questions.

The person concerned applied for asylum on 1 April 2006. Following investigation by the Office of the Refugee Applications Commissioner, it was established that the person concerned had previously made an asylum application in France and, as such, in accordance with the provisions of the Dublin II Regulations, it was determined that his asylum claim should be examined by the French authorities. This determination was upheld following an appeal to the Refugee Appeals Tribunal.

Consequently, a Transfer Order was signed in respect of the person concerned, on 1 August 2006, obliging him to present himself at the Offices of the Garda National Immigration Bureau (GNIB), on 22 August 2006, to make arrangements for his transfer to France. The person concerned ‘presented' as requested on this occasion and a flight was arranged for his formal transfer on 30 August 2006. However the person concerned ‘evaded' his transfer and thus became illegally present in this State. The person concerned continued to evade his transfer to France with the consequence that the Transfer Order expired and Ireland became responsible for processing his asylum application.

At this point, in early 2008, the person concerned was admitted into the asylum process in this State. The person concerned was invited to attend for interview at the Offices of the Refugee Applications Commissioner on 21 January 2008 but failed to attend as required. Therefore, in accordance with the provisions of Section 13(2) of the Refugee Act, 1996 (as amended), the Refugee Applications Commissioner refused him a declaration of refugee status.

Based on the recommendation of the Refugee Applications Commissioner, and in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 11 June 2008, a copy of which was sent to his legal representative, 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, through his legal representative, 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 is passed to me for decision.

In relation to the Deputy's contention that the person concerned did not receive the letter issued to him on 11 June 2008, it should be noted that, in accordance with Section 9(4A)(a) of the Refugee Act, 1996 (as amended), an applicant for asylum in the State has a duty to inform the Refugee Applications Commissioner of his or her address and of any change of address within five working days. I am advised that the letter referred to by the Deputy was issued to the last known address of the person concerned. Furthermore a copy of this letter was issued to his legal representative at the same time. Consequently, I am satisfied that the notification of 11 June 2008 was duly served in accordance with the relevant statutory provisions.

Bernard J. Durkan

Ceist:

97 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [19523/09]

I refer the Deputy to the Reply given to his Parliamentary Question No. 831 on Wednesday 24 September 2008. The status of the person concerned remains as set out in that Reply. The person concerned has continued to meet his presentation requirements with the Garda National Immigration Bureau (GNIB). He is due to present again today Thursday 14 May 2009. The enforcement of the Deportation Order is an operational matter for the GNIB.

Bernard J. Durkan

Ceist:

98 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [19524/09]

I refer the Deputy to the Reply given to his Parliamentary Question No. 526 on Thursday 17 April 2008. The status of the person concerned remains as set out in that Reply. The person concerned has continued to meet his presentation requirements with the Garda National Immigration Bureau (GNIB). He is due to present again on Thursday 21 May 2009. The enforcement of the Deportation Order is an operational matter for the GNIB.

Residency Permits.

Bernard J. Durkan

Ceist:

99 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the reason stamp four was not renewed for a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [19525/09]

I refer the Deputy to my reply to Parliamentary Question No. 327 of 31 March 2009. My Department has no record of any renewal of the permission granted being sought recently.

Refugee Status.

Bernard J. Durkan

Ceist:

100 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [19526/09]

The person concerned (a daughter) was granted refugee status with her parents on the 14 August 2002.

Residency Permits.

Bernard J. Durkan

Ceist:

101 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of persons (details supplied) in Dublin 6; and if he will make a statement on the matter. [19527/09]

I refer the Deputy to his recent Parliamentary Question, No. 274 of Tuesday 31 March 2009, and the written Reply to that Question. The position in the State of the person concerned is as set out in that Reply.

Asylum Applications.

Bernard J. Durkan

Ceist:

102 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [19528/09]

The person concerned applied for asylum on 28 June 2004. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. The person concerned, through her legal representative, initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decision of the Refugee Appeals Tribunal stood.

In accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 13 November 2006, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned is passed to me for decision.

Bernard J. Durkan

Ceist:

103 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [19529/09]

I refer the Deputy to my detailed Reply to his recent Parliamentary Question, No. 266 of Tuesday 3 March 2009. The position in the State of the person concerned is as set out in that Reply.

Bernard J. Durkan

Ceist:

104 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to the application for subsidiary protection in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [19530/09]

The person concerned applied for asylum on 22 September 2006. 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 11 March 2008, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file is passed to me for decision.

Bernard J. Durkan

Ceist:

105 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when an application for residency will be determined in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [19531/09]

The person concerned, and her three children, applied for asylum on 30 March 2000. Her children were included in her application for asylum. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

In accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 13 May 2002, that the Minister proposed to make Deportation Orders in respect of her and her children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why she and her children should be allowed to remain temporarily in the State. Representations were received on her behalf at that time.

Following consideration of her case, 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, Deportation Orders were signed in respect of the person concerned and her three children on 28 October 2003. Notice of these Orders was served by registered letter dated 4 December 2003 which placed a legal requirement on the person concerned and her children to present themselves at the Offices of the Garda National Immigration Bureau (GNIB) on 11 December 2003 in order to make travel arrangements for their deportation from the State.

The person concerned initiated Judicial Review proceedings, challenging the decision of the Minister to sign Deportation Orders in respect of her and her children. Based on the decision of the Supreme Court in the ‘Nwole' case, these proceedings were ultimately ‘settled' which resulted in the Deportation Orders in respect of the person concerned and her three children being quashed with the children being re-admitted to the asylum process in their own right.

On 15 December 2008, in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations were received on behalf of the person concerned.

The person concerned was subsequently notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned is passed to me for decision.

Visa Applications.

Bernard J. Durkan

Ceist:

106 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform further to his reply to Parliamentary Question No. 137 of 5 March 2009, if it is possible that the application can be made to the embassy in South Africa in the case of the application for family reunification in respect of a person (details supplied); and if he will make a statement on the matter. [19532/09]

Further to my reply to Parliamentary Question No. 137 of 5 March 2009, I wish to inform the Deputy that the person concerned may apply for a visa to enter the State from the Irish Embassy in South Africa. However, I would point out that the position with regard to family reunification remains unchanged from that stated in previous replies to the Deputy.

Residency Permits.

Denis Naughten

Ceist:

107 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if a second level student with more than 12 months to their leaving certificate can have their stamp 2A permit changed to stamp 2; and if he will make a statement on the matter. [19554/09]

Stamp 2 is granted to non-EEA students who are engaged in courses that are listed on the Internationalisation Register operated by the Department of Education and Science. Students on Stamp 2 are allowed to work in a casual capacity. Non-EEA students who are studying at second level education are among those who are granted Stamp 2A which does not carry with it a right to work. There are no immediate plans to extend the work concession to non-EEA second level students although this matter can be kept under review.

Mary O'Rourke

Ceist:

108 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review again the case of a person (details supplied) in County Westmeath who has applied for stamp four. [19578/09]

Officials in the Long-Term Residency Section of my Department inform me that an application for long-term residency was received from the person referred to by the Deputy on 29 May, 2007. Processing of this application was completed in March 2009 and a letter advising the applicant of the outcome was issued on 19 March, 2009. It is open to him to submit another application once he has completed sixty months legal residency in the State based on work permit/work authorisation/working visa conditions.

Liquor Licensing Laws.

Noel Ahern

Ceist:

109 Deputy Noel Ahern asked the Minister for Justice, Equality and Law Reform the position regarding, and the difficulties being faced by, night clubs since changes to drink hours, extensions, theatre licences and so on were made; if his attention has been drawn to the financial effects of such changes on nightclubs; if he will offer solutions or advice; and if he will make a statement on the matter. [19579/09]

The widely welcomed legislative reforms introduced in the Intoxicating Liquor Act 2008 were directed towards tackling the significant public order problems associated with binge drinking in this country. They were based on recommendations made by the Government Alcohol Advisory Group. As recommended by the Group, the 2008 Act addressed a legislative loophole whereby premises operating under a theatre licence were able to sidestep the normal requirement to obtain special exemption orders from the courts in order to remain open beyond normal licensing hours. The result is that all premises wishing to remain open beyond normal licensing hours now require a special exemption order from the District Court in order to do so.

While nightclubs are currently reliant on special exemption orders in order to remain open beyond normal licensing hours, I intend to make provision for a nightclub permit in the forthcoming Sale of Alcohol Bill. The Government Legislation Programme published on 22 April provides for the publication of this Bill in 2009. The increase in fees applicable to special exemption orders provided for in the District Court (Fees) Order 2008 (SI 202 of 2008) was the first such increase since 2004.

Tribunals of Inquiry.

Joe Costello

Ceist:

110 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the number of tribunals that are sitting; the date that each was established; the cost to the Exchequer of the legal representation of each tribunal to date; the number of lawyers that are employed by the State on tribunal work; if there is a daily rate paid to these lawyers; the rate of same; if some lawyers are employed on a retainer and not actually participating in the tribunal; if they are paid a daily rate; if so, the rate; and if he will make a statement on the matter. [19768/09]

There is currently one sitting Tribunal of Inquiry which comes under the aegis of my Department. The Smithwick Tribunal was established pursuant to the Tribunals of Inquiry (Evidence) Acts 1921-2002, to enquire into suggestions that members of the Garda Síochána or other employees of the State colluded in the fatal shootings of RUC Chief Superintendent Harry Breen and RUC Superintendent Bob Buchanan in 1989. The Tribunal was established by the Oireachtas in May 2005 arising from the Weston Park Agreement between the Irish and British Governments in 2001. The Tribunal is chaired by Judge Peter Smithwick.

The Tribunal's legal team comprises two Senior Counsel, one Junior Counsel and one Research Counsel. The Senior and Junior Counsel are paid at daily rates in accordance with the Government Decision of December 2004. Following the recent application of an 8 per cent reduction, these daily rates (exclusive of VAT) are €927.36 for a Senior Counsel, €618.24 for a Junior Counsel and €231.84 for a Research Counsel. The total in fees for the Tribunal's legal team to date is €2.147 million. The Tribunal's solicitor is on secondment from the Office of the Chief State Solicitor and is paid in accordance with the Principal Solicitor salary scale.

Sports Funding.

Tom Hayes

Ceist:

111 Deputy Tom Hayes asked the Minister for Arts, Sport and Tourism when payment will issue in respect of sports capital grants to a club (details supplied) in County Tipperary; and if he will make a statement on the matter. [19394/09]

Satisfactory documentation in respect of the grants in question has recently been received by my Department and is currently being processed. Payment of the outstanding amounts will issue shortly.

Michael McGrath

Ceist:

112 Deputy Michael McGrath asked the Minister for Arts, Sport and Tourism if there are potential funding sources within his Department for a proposed community project (details supplied) in County Cork. [19446/09]

The Department operates a number of funding schemes and programmes, including most notably the Sports Capital Programme, Local Authority Swimming Pool Programme and Arts and Cultural Capital Enhancement Support Scheme (ACCESS). None of these is currently open for applications. The timings of further rounds of funding under these schemes and programmes have yet to be decided. They will then be published nationally. In the interim, details of these schemes and programmes, including eligibility criteria, are available on the Department's website at www.dast.gov.ie.

Community Development.

Michael McGrath

Ceist:

113 Deputy Michael McGrath asked the Minister for Community, Rural and Gaeltacht Affairs if there are potential funding sources within his Department for a proposed community facilities project (details supplied) in County Cork. [19413/09]

My Department funds, and in some cases administers, a range of programmes to enable members of communities to be active participants in identifying and meeting their own development needs, working alongside the Statutory Agencies and others involved in local development initiatives. 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.pobail.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.

Michael McGrath

Ceist:

114 Deputy Michael McGrath asked the Minister for Social and Family Affairs if there are potential funding sources within her Department for a proposed community facilities project (details supplied) in County Cork. [19415/09]

The Family and Community Services Resource Centre (FRC) Programme is operated by the Family Support Agency which is under the auspices of my Department. There are currently 107 Family Resource Centres nationwide. Having examined the details of the community facilities project, supplied by the Deputy, it does not appear that the criteria of the FRC Programme would be met by this project. In any event, as part of the Government's collective approach to controlling short-term expenditure in the interests of Ireland's future prosperity, with the exception of an FRC in Duiska, Galway City, no further FRCs will open.

Tax and Social Welfare Codes.

Michael Ring

Ceist:

115 Deputy Michael Ring asked the Minister for Social and Family Affairs the regularity with which payments from England are reviewed in view of fluctuating exchange rates (details supplied). [19425/09]

Pensioners who are in receipt of a retirement pension from the UK and who reside permanently in the Republic of Ireland may also qualify for a State Pension (Non Contributory) payment subject to satisfying a means test. Changes in the value of a British pension, due to currency fluctuation, may well be offset by annual increases received since entitlement was last reviewed and consequently the customer's State Pension (Non Contributory) payment may be unchanged or even reduced as a result of a review. In general, such payments are reviewed every four years to take account of annual increases in the rate of the British pension payment. Claims are not reviewed specifically because of movements in exchange rates. However, it is open to pensioners who believe, they may be entitled to an increase in the rate of their State Pension (Non Contributory) payment to seek to have their means reviewed.

Social Welfare Benefits.

Emmet Stagg

Ceist:

116 Deputy Emmet Stagg asked the Minister for Social and Family Affairs the reason for the delay in awarding jobseeker’s allowance to a person (details supplied) in County Kildare. [19433/09]

The person concerned applied for Jobseeker's Allowance on 18 February 2009. The application is currently with a Social Welfare Inspector for investigation and she will be notified of the outcome as soon as possible. While the Department makes every effort to process claims in a timely and efficient manner, the timescale involved can vary depending on the volume of claims received.

Social Welfare Fraud.

Joe McHugh

Ceist:

117 Deputy Joe McHugh asked the Minister for Social and Family Affairs when she will roll out the appointment of social welfare inspectors to investigate and prevent fraud; the measures she has introduced in the past few months to combat welfare fraud in Border areas; and if she will make a statement on the matter. [19479/09]

Having regard to the increase in the Live Register, and consequent demands being made on the resources of the Social Welfare Inspectorate, I sought and received approval for 16 additional assignments to the grade of Social Welfare Inspector. These 16 Inspectors are to be assigned on the basis of 2 per Region. 14 officers are now in situ in the following locations; Finglas x 2, Tallaght, Clondalkin, Drogheda, Enniscorthy, Carlow, Tralee, Galway, Castlebar, Tullamore, Limerick, Buncrana, and Letterkenny. This increases the number of general inspectors to 376. The remaining 2 Inspectors will be located at Cork and Mullingar and these assignments are being actively pursued at this time. In addition, the Department has a further 87 inspectors working full-time on control in the Special Investigation Unit (SIU).

The issue of cross Border fraud is the primary focus for control activity for Regions in close proximity to the Border areas. This targeted approach to the control focus is twofold prevention and detection. In the first instance, preventative measures have been put in place to deal with all claims from persons who on registering as unemployed indicate that they were formerly resident in Northern Ireland. A revised and more rigorous set of checks and balances have been initiated at claim registration for all such cases. These cases will be thoroughly investigated through home visits and clear proof of residency must be established by the individual concerned.

With regard to detection and deterrence, since late 2008 the Department participates in multi-agency vehicle checkpoints with other agencies, including the Gardaí, Traffic Corps and Revenue Commissioners. Each agency has specific control and compliance briefs. In Border areas, individuals who may be non-resident and claiming Social Welfare payments have been identified. In the case of Revenue this principally relates to evasion of Vehicle Registration Tax, and the Gardaí have identified road traffic offences. The approach facilitates a platform whereby all agencies can maximize the benefits and comprehensively identify individuals engaged in either vehicle tax evasion, road traffic irregularities and cross Border social welfare fraud in one concentrated location. The other agencies involved are fully aware of the priority and importance accorded by DSFA to cross Border claiming and it forms an integral part of this combined operation.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

118 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when restoration of mortgage supplement will be reviewed and restored to the previous level in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [19535/09]

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 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.

Where two people enter into a joint mortgage agreement there is an obligation on both parties to meet repayments, as agreed with the financial institution. Where the person seeking assistance is a joint mortgage holder, a mortgage interest supplement payment is generally considered in respect of half of the interest on the mortgage. The Executive has advised that it awarded a mortgage interest supplement to the person concerned based on the full interest payable on the mortgage from May 2008 to March 2009. Following a review of entitlement, it came to light that the loan in question was a joint mortgage.

Payment to the person concerned was suspended pending clarification on the details of the mortgage. The Executive has advised that it has now re-instated payment of mortgage interest supplement to the person concerned, based on 50% of the interest payable on the loan and taking account of reduced interest rates. It is open to the person concerned to appeal this decision to a designated appeals officer of the Executive.

Bernard J. Durkan

Ceist:

119 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when unemployment assistance will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [19539/09]

The person concerned claimed jobseeker's benefit on 29 October 2008. A decision on his claim was delayed as he had failed to provide certification of his casual employment. In December 2008 the person concerned advised the local office that he was returning to Lithuania on holidays for 2 weeks. When he failed to contact the office in January 2009 his claim was closed. He made a further claim for jobseeker's benefit on 04 March 2009. He advised that he had been hospitalized in Lithuania up to 28 February 2009. He was asked to submit a doctor's note confirming that he is now fit for work. To date a doctor's note has not been received.

Bernard J. Durkan

Ceist:

120 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when supplementary welfare allowance will be awarded in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [19541/09]

The Health Service Executive has advised that the entitlement of one of the persons concerned to supplementary welfare allowance, is as communicated to the Deputy on 31 March 2009, 28 April 2009 and 6 May 2009. Entitlement to payment of this allowance is currently under review by an Appeals Officer of the Executive. The other person concerned has not made a claim to supplementary welfare allowance.

Noel Ahern

Ceist:

121 Deputy Noel Ahern asked the Minister for Social and Family Affairs if she will clarify the position regarding the entitlement to rent allowance for persons from other EU countries and from Romania and Bulgaria; the reason Romanian nationals are qualifying for rent allowances when they have not worked here, are not habitually resident here, do not qualify for social welfare benefits and so on; if they are applicants for asylum since prior to January 2004; and if she will make a statement on the matter. [19553/09]

Since 1 May 2004, all applicants regardless of nationality are required to be habitually resident in the State in order to qualify for supplementary welfare allowance, including rent supplement. The effect of this condition is that a person whose habitual residence is elsewhere is not qualified for rent supplement. Once-off exceptional and urgent needs payments may be made to eligible applicants without reference to the habitually resident condition.

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. An EEA national who is engaged in genuine and effective employment in Ireland is regarded as a worker under EU law and may be treated as habitually resident for the purpose of any claim to supplementary welfare allowance, including rent supplement.

Special provisions apply to Romanian and Bulgarian nationals who may engage in self-employment but are not permitted to engage in insurable employment within the State from 1st January 2007. However, Romanian and Bulgarian nationals who have an employment permit or are free to work without an employment permit by virtue of having had twelve months continuous employment in the State or who were working in Ireland at the date of accession (1 January 2007) in accordance with Immigration Stamp No. 4 for at least 12 months, may be regarded as a worker under EU law and so may be treated as habitually resident for the purpose of any claim to supplementary welfare allowance, including rent supplement. All other Romanian and Bulgarian nationals are subject to the habitually resident condition.

People who have been given permission to remain in Ireland on the basis of being the parents of Irish born children or for any other reason are entitled to seek employment in the State. In addition any person who has been through the asylum process and has been granted refugee status can also seek employment. In the event of being unable to secure work or having secured work and subsequently become unemployed, these people may qualify for Jobseeker's or other social assistance payments, such as rent allowance, on the same basis as any Irish resident, subject to the normal eligibility conditions.

Asylum seekers who arrived in this country since 10 April 2000 have their accommodation needs and other basic living facilities met through the direct provision services operated by the Department of Justice, Equality and Law Reform. Following changes in social welfare legislation which came into effect on 27 May 2003, rent supplement is not payable where a person is not lawfully in the State, or where a person has made an application for asylum under the Refugee Act, 1996 or an application to remain in the State under the Aliens Act, 1935, and is awaiting a decision by the Minister for Justice, Equality and Law Reform on that application. Asylum seekers choosing not to avail of direct provision facilities are not eligible for rent supplement and must meet their accommodation needs from their own resources.

Tax and Social Welfare Codes.

Róisín Shortall

Ceist:

122 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the rationale behind only allowing a half-rate illness benefit payment in the case of an employee who takes sick leave when a similar employee who is not a widow may qualify for a full payment. [19573/09]

The social welfare system is primarily a contingency-based system, with entitlement based on defined contingencies, such as sickness, unemployment, old age or widowhood. Primary social welfare legislation provides that only one social welfare payment is payable at any one time. While it can happen that a person may experience more than one contingency at the same time — for example, an unemployed person may become sick — a general principle applies whereby even if a person experiences more than one of the contingencies at any one time, he or she only receives one of those payments. This principle is common to social security systems across the world.

However, the legislation also provides that regulations may be made to enable more than one of the payments to be paid concurrently and, where applied, it is usually in the context of short-term benefits. For instance, persons in receipt of widows/widowers pension can, at the same time, receive short-term social insurance benefits such as illness benefit or unemployment benefit, at half rate.

The current overlapping payment arrangements were introduced in whole or in part in the early nineteen fifties. At that time, there were only ten individual social welfare schemes. As the Deputy is aware, the system has been gradually developed over the intervening years with the result that there is now a significantly greater number of separate schemes in place. As a result, the number of possible combinations of concurrent contingencies has increased greatly and it is realistic and prudent to maintain the underlying principle of entitlement to one payment only at any one time. To do otherwise could potentially involve very significant additional expenditure involving not only widows and widowers but also other categories of welfare recipient.

Social Welfare Appeals.

Michael Ring

Ceist:

123 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal will be completed and the result known regarding carers allowance for a person (details supplied) in County Mayo. [19575/09]

Further to my response to PQ 11834/09 on 24 March 2009, I am advised by the Social Welfare Appeals Office that there is no update on the position in respect of the appeal from the person concerned. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Community Development.

Michael McGrath

Ceist:

124 Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government if there are potential funding sources within his Department for a proposed community project (details supplied) in County Cork. [19448/09]

Electoral Franchise.

James Bannon

Ceist:

125 Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government his plans to extend the electoral franchise to Irish citizens living abroad, in line with the practice in other countries such as Australia, Switzerland, Italy and the US; and if he will make a statement on the matter. [19459/09]

In order to be able to vote at elections and referenda in this jurisdiction, a person's name must be entered in the register of electors for a constituency in the State in which the person ordinarily resides. Postal voting is provided for in electoral law in respect of certain categories of person who are entered in the register of electors. The Electoral Act 1992 provides for postal voting by wholetime members of the Defence Forces, members of the Gardaí, and Irish diplomats serving abroad and their spouses.

Subsequent legislation enacted by the Oireachtas has extended postal voting to other categories: electors living at home who are unable to vote because of a physical illness or a physical disability (the Electoral (Amendment) Act 1996); electors whose occupation, service or employment makes it likely that they will be unable to vote in person at their local polling station on polling day. In these cases, the law provides for completion of the necessary voting documentation at a Garda station (the Electoral Act 1997); full-time students registered at their home who are living elsewhere while attending an educational institution in the State (the Electoral Act 1997); certain election staff employed at the poll outside the constituency where they reside (the Electoral (Amendment) Act 2001); and electors who because of the circumstances of their detention in prison pursuant to an order of a court are likely to be unable to go in person on polling day to vote (the Electoral (Amendment) Act 2006). While electoral law is subject to ongoing review, there are no proposals to alter the existing arrangements along the lines referred to in the Question.

Aquaculture Development.

Sean Sherlock

Ceist:

126 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government if he and the national parks and wildlife service support the policy to develop aquaculture as outlined in the seafood industry strategy known as the Cawley report; if every effort should be made to maintain and develop a sustainable industry which produces up to €100 million in vital exports and supports more than 2,000 jobs in peripheral coastal areas producing top quality food; if he, his Department and agencies are committed to ensuring the fastest and most cost-effective measures are taken at national and EU level to address the ECJ ruling of December 2007 on Ireland’s failure to implement the Natura 2000 Directive in marine areas; if he will work in full co-operation with his Ministerial colleagues in the Department of Agriculture, Fisheries and Food to quickly remove the long-standing logjams in aquaculture licensing, to restore vital grant aid lost to the sector and to re-open long-established mussel seed areas; and if he will make a statement on the matter. [19467/09]

The Cawley Report noted that the aquaculture industry is critical for the sustainable economic and social development of coastal communities and that the industry depends on sustainable fish stocks and a healthy marine environment.

In December 2007, the European Court of Justice found that Ireland's consent processes for aquaculture did not meet certain provisions of the Habitats and Birds Directives and were therefore not providing adequate environmental protection for the Natura 2000 sites in which a significant proportion of aquaculture and inshore fishery activities take place. My Department is working closely with the Department of Agriculture, Fisheries and Food and the European Commission to bring Ireland's aquaculture and wild fishery consent systems into compliance with the requirements of EU law. This will ensure a much higher standard of environmental protection for these important sites and help to safeguard the long-term prospects and sustainability of these industries in line with the objectives of the Cawley Report.

Environmental Policy.

Noel Ahern

Ceist:

127 Deputy Noel Ahern asked the Minister for the Environment, Heritage and Local Government if he will clarify the position in relation to the rights of householders to have trees on private property and overlooking their property pruned or removed; the rights which exist under planning law, the law on rights and so on; and the agency or process which should be used to vindicate such rights. [19550/09]

There is no legislation in Ireland that places restrictions on the height of hedges or trees. Planning legislation does not make any particular provision for recognition of a right to light or remedy from any other nuisance which may be caused by trees in an urban residential area. Complaints relating to matters such as trees or shrubs overhanging a property are normally addressed, where necessary, under civil law between the parties concerned.

Departmental Programmes.

Phil Hogan

Ceist:

128 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the responsibilities his Department and the local government system has for accident prevention, such as personal accidents in public places, house fires and so on, that are not covered by the Road Safety Authority or the Health and Safety Authority; and if he will make a statement on the matter. [19556/09]

My Department is responsible for the promotion of fire safety at a national level. Promotional material focussing on fire safety in the home and advertising campaigns, which include television, national and local radio, on-line, public transport and outdoor advertising are used to promote key fire safety messages. The main focus of these activities arises during National Fire Safety Week, which takes place in October each year. Community Fire Safety programmes, such as the primary schools "Safety Team" pack programme for third class pupils and the Community Smoke Alarm Scheme, under which my Department funds the purchase of smoke alarms by local authorities for installation in vulnerable households, are also in place.

With regard to fire accidents generally, Section 18(2) of the Fire Services Act 1981 places a duty on every person having control over premises to which this section applies to take all reasonable measures to guard against the outbreak of fire on such premises and to ensure as far as it is reasonably practicable the safety of persons on the premises in the event of the outbreak of fire".

Irish Water Safety, which operates under the aegis of my Department, is the statutory body established to promote water safety. Through water safety education, training in swimming, lifesaving and rescue it promotes a stronger water safety ethos and culture in order that the public will have a water safety attitude, skills and the behaviour necessary safely to use and enjoy the aquatic environment.

Planning Issues.

Willie Penrose

Ceist:

129 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if legislative provisions apply to a person who wishes to erect advertising signs on movable platforms on a person’s own land; if they are so permitted; and if he will make a statement on the matter. [19563/09]

Section 3 of the Planning and Development Act 2000 provides that where any structure or other land, or any tree or other object on land, becomes used for the exhibition of advertisements the use of the land will be taken as having materially changed and planning permission will be required. However, Section 4(2) of the Act provides that certain classes of development may be exempted by regulations and, in this regard, Article 6 and Part 2 of the Second Schedule of the Planning and Development Regulations 2001 provide that certain classes of advertisements are exempt from the requirement to obtain planning permission. These classes include advertisements relating to the sale or letting of any structure or other land on which they are exhibited, subject to certain conditions, and advertisements relating to elections provided they are not left in place for more than 7 days after the date of the election.

Under section 20 of the Litter Pollution Act 1997 a local authority may serve a notice on the occupier of land requiring the removal of an advertisement exhibited on any structure or land that is visible from a public place if it appears to the local authority that it is in the interests of amenity or of the environment that the advertisement be removed. However the section also provides that it is a defence in any action for failure to comply with such a notice to show that the exhibition of the advertisement concerned was in accordance with a planning permission.

Special Areas of Conservation.

Frank Feighan

Ceist:

130 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the position on the sale of bog land under the special areas of conservation in respect of a person (details supplied) in County Leitrim; and when payment will issue. [19571/09]

The contracts of sale in this case were signed on my behalf in October 2008 and the relevant monies were returned to the Chief State Solicitor's Office (CSSO) along with the executed contracts. I also understand that the vendor signed the contracts in December 2008. The CSSO requested the necessary closing documents from the vendor's legal representative in December and in January last. However, these documents have yet to be provided. The CSSO cannot complete the sale until such time as all relevant documents are provided.

Fire Stations.

Bobby Aylward

Ceist:

131 Deputy Bobby Aylward asked the Minister for the Environment, Heritage and Local Government the status of the application for a new fire station at a location (details supplied) in County Kilkenny; and when this application is expected to be sanctioned. [19583/09]

Approval to the inclusion in the fire services capital programme of the construction of a replacement fire station at Castlecomer was conveyed to the fire authority in 2005. The authority subsequently invited tenders in respect of the construction of the station and following an assessment, in April 2009, of the tenders received, the authority wrote to my Department requesting sanction to accept a recommended tender. My Department is currently examining the request and a response will issue shortly to the authority.

Tribunals of Inquiry.

Joe Costello

Ceist:

132 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the number of tribunals that are sitting; the date that each was established; the cost to the Exchequer of legal representation of each tribunal to date; the number of lawyers that are employed by the State on tribunal work; if there is a daily rate paid to these lawyers; the rate of same; if some lawyers are employed on a retainer and not actually participating in the tribunal; if they are paid a daily rate; if so, the rate; and if he will make a statement on the matter. [19766/09]

The Tribunal of Inquiry into Certain Planning Matters and Payments was established by order of the Minister for the Environment, Heritage and Local Government to inquire into and report on various planning matters, set out in Resolutions passed by Dáil Éireann and Seanad Éireann on 7 and 8 October, 1997 respectively.

The legal costs of the Tribunal as at 12 May 2009 are €59,921,925 broken down as follows:

Cost of the Tribunal's legal team: €46,955,332;

Costs of external Counsel engaged in respect of litigation involving the Tribunal: €2,578,146;

Legal costs paid to third parties: €10,388,446.

There are currently 1 Senior Counsel, 5 Junior Counsel (2 employed as Legal Researchers) and 3 solicitors on the Tribunal's legal team. They are paid a daily rate, as follows:

Senior Counsel: €2,070;

Junior Counsel: €1,380;

Legal Researchers: €552;

Solicitors: €920.

There are no Counsel employed on a retainer.

The fees reflect the recent Government decision to reduce fees payable to professionals by 8%.

Telecommunications Services.

Joe McHugh

Ceist:

133 Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources when the Culdaff exchange, County Donegal, of the DSL broadband via Eircom to Ballyharry will be enabled; if he will expedite this in order to facilitate local business; and if he will make a statement on the matter. [19416/09]

The enabling of exchanges for broadband purposes is a matter for the owners of the relevant exchanges. It is anticipated that the facilitation of greater competition via the introduction of broadband from different technology platforms should encourage the more rapid enabling of exchanges for broadband.

While an area may not be served by fixed landline broadband, otherwise known as Digital Subscriber Line (DSL) or broadband over telephone lines, broadband services are available from competing service providers over multiple platforms including cable, fixed wireless, satellite and mobile. I understand that fixed wireless broadband is available in the Ballyharry area.

Frank Feighan

Ceist:

134 Deputy Frank Feighan asked the Minister for Communications, Energy and Natural Resources the position on the provision of broadband in the area of Corrigeenroe, County Roscommon and in the area of Cootehall, County Roscommon. [19569/09]

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.

The Corrigeenroe and Cootehall areas of County Roscommon will be covered by the NBS.

3 is currently planning the construction and rollout of the infrastructure required for the provision of the service. Challenging roll out targets have been agreed with 3. Services were launched in a small number of rural areas at the end of April 2009 and the entire NBS area must be covered by September 2010. However, 3 is not in a position, at this juncture, to predict the progression of site rollout in advance of obtaining the necessary planning permissions. One month prior to the NBS being launched in any given area, 3 will implement a marketing campaign to announce the forthcoming service availability. The campaign will include, inter alia, local press and outdoor advertising.

Details of the areas to be covered by 3 under the NBS are available at www.three.ie/nbs.

Fisheries Protection.

Joe McHugh

Ceist:

135 Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food the actions his forces have taken to combat the plunder and over-exploitation of the Irish mussel seed resource by UK fleets; if he has plans to address this issue; and if he will make a statement on the matter. [19482/09]

The Mussel Seed Fishery is managed on an All-Island basis involving the Bottom Grown Mussel Forum (BGMF) which is comprised of elected aquaculture industry representatives from around the coast as agreed by the authorities of both jurisdictions.

Responsibility for the control and enforcement of these All-Island management measures, within this jurisdiction, rests with the Sea-Fisheries Protection Authority (SFPA) & the Naval Service.

The SFPA is an independent agency of the Irish State, established under the Sea-Fisheries and Maritime Jurisdiction Act 2006, in whose operational functions and activities I have no remit. Equally, I have no remit with regard to the operational activities of the Naval Service.

If the Deputy has any knowledge of illegal fishing he should make such information available to the SFPA.

Harbours and Piers.

Martin Ferris

Ceist:

136 Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food when he will release funds for the new deep water harbour at Rossaveal Harbour, County Galway. [19581/09]

The recommended development option at Ros an Mhíl consists of three main phases. Phase one, the dredging of the inner harbour to cater for the passenger ferry operation and for a small boat harbour, commenced in December 2004 and was completed in 2005.

The current stage of the development involves the construction of pontoons which will enable the separation of fishing and ferry activities. This will address many health and safety issues associated with the present operation and reduce congestion in the harbour. Full planning was received in November 2006 and work commenced in 2008 with a total investment of €1.7 million. €6.9 million has been allocated for the completion of the pontoons in 2009. It is expected that the pontoons will be operational by July 2009.

Further development at the harbour will be considered subject to available Exchequer funding and overall national priorities.

Grant Payments.

Noel Coonan

Ceist:

137 Deputy Noel J. Coonan asked the Minister for Agriculture, Fisheries and Food when a forestry payment will issue to a person (details supplied) in County Tipperary; the breakdown of the amount to be awarded; and if he will make a statement on the matter. [19408/09]

The forestry premium was paid to this applicant on 5th May 2009. The amount paid was €4,186.48.

Farm Waste Management.

Sean Fleming

Ceist:

138 Deputy Seán Fleming asked the Minister for Agriculture, Fisheries and Food when an inspection under the farm waste management scheme will be carried out for a person (details supplied) in County Carlow. [19429/09]

The arrangements for payment of grants under the Farm Waste Management Scheme on a phased basis have been confirmed with 40 per cent being paid this year as claims are approved. A further 40 per cent will be paid in early January 2010 and the remaining 20 per cent in January 2011. I have also announced that a special ex-gratia payment not exceeding 3.5 per cent of the value of the deferred amount will be made to farmers whose Farm Waste Management grants have been partially deferred. This payment will be made in January 2011 along with the final instalment.

My Department is currently processing the application concerned and a farm inspection will be arranged as soon as possible.

Grant Payments.

Denis Naughten

Ceist:

139 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the reason for the delay in making an organic farm payment to a person (details supplied) in County Roscommon; when payment will issue; and if he will make a statement on the matter. [19450/09]

Upon receipt of the documentation which my Department has requested from the person named, payment will issue within 15 days.

Farm Waste Management.

Paul Kehoe

Ceist:

140 Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the status of the application under the farm waste management scheme in respect of a person (details supplied); when their inspection will be carried out; and if he will make a statement on the matter. [19458/09]

The arrangements for payment of grants under the Farm Waste Management Scheme on a phased basis have been confirmed with 40 per cent being paid this year as claims are approved. A further 40 per cent will be paid in early January 2010 and the remaining 20 per cent in January 2011. I have also announced that a special ex-gratia payment not exceeding 3.5 per cent of the value of the deferred amount will be made to farmers whose Farm Waste Management grants have been partially deferred. This payment will be made in January 2011 along with the final instalment.

My Department is currently processing the application concerned and a farm inspection will be arranged as soon as possible.

Jim O'Keeffe

Ceist:

141 Deputy Jim O’Keeffe asked the Minister for Agriculture, Fisheries and Food the reason for the delay in payment of a farm waste management grant to a person (details supplied) in County Cork; and if he will arrange payment. [19465/09]

The arrangements for payment of grants under the Farm Waste Management Scheme on a phased basis have been confirmed with 40 per cent being paid this year as claims are approved. A further 40 per cent will be paid in early January 2010 and the remaining 20 per cent in January 2011. I have also announced that a special ex-gratia payment not exceeding 3.5 per cent of the value of the deferred amount will be made to farmers whose Farm Waste Management grants have been partially deferred. This payment will be made in January 2011 along with the final instalment.

My Department is currently processing the application concerned and a decision will be made as soon as possible.

Harbours and Piers.

Joe McHugh

Ceist:

142 Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if he will evaluate and address safety concerns at Greencastle Harbour in view of funding withdrawals from capital works due to possible work cessation at the location; his views on whether works started should be completed if safety concerns are raised, in view of the harbour’s role as a major ferry crossing port; and if he will make a statement on the matter. [19481/09]

Greencastle Harbour is owned by Donegal County Council and responsibility for its operation, maintenance and development rests with that local authority.

The recommended development option for Greencastle consists of three main phases. The first phase of the development is the construction of a 290m long breakwater to give shelter to the new harbour, the second phase is the construction of a berth for the mussel dredgers that operate in the harbour and the final phase is the construction of a deep water berth inside the harbour.

The first phase of the project is being managed by my Department on behalf of Donegal County Council and is being jointly funded by my Department (75% of expenditure), Donegal County Council (12.5% of expenditure), and the Department of Community, Rural and Gaeltacht Affairs (12.5% of expenditure).

€1.6 million has been committed to this project in 2009 to continue phase 1 of the development and my Department will also continue to ensure that Health and Safety will not be compromised on the Breakwater Development at Greencastle. In this regard appropriate measures are being taken to ensure that the breakwater will be suitably armoured and protected as its construction is advanced seawards from the shore.

Other control measures being taken include deployment of navigational markings, diver survey inspections of constructed breakwater works, issue of Marine Notice (No. 6 of 2009), warning all Shipowners, Agents, Shipmasters, Fishermen, Yachtsmen and Seafarers in relation to the breakwater construction site and to the changed tidal current patterns in the Greencastle area. In this regard it is incumbent on all Shipowners, Agents, Shipmasters, Fishermen, Yachtsmen and Seafarers to proceed with due diligence and care while navigating in the vicinity of the breakwater which is under construction and while entering Greencastle harbour.

Future funding for phase 1 of the Greencastle Harbour development project will be considered in the context of funding commitments from Donegal County Council, available Exchequer Funding and overall national priorities.

Grant Payments.

Michael Ring

Ceist:

143 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be granted REP scheme three. [19496/09]

The application for payment has been approved and payment will issue in the next 15 days.

Departmental Agencies.

Denis Naughten

Ceist:

144 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the position with regard to the restructuring of the agriculture offices in Roscommon town; the impact that this will have on the services provided to the farming community; the impact it will have on staff displacement and the potential decentralisation of staff from Dublin and other centres to the Property Registration Authority in Roscommon town; and if he will make a statement on the matter. [19497/09]

My Department is currently reviewing its local office structure.

No decisions have been taken regarding the future of any local office, other than the Dublin local office, already announced and in respect of which arrangements are being made to relocate the work to Naas.

Grant Payments.

Tom Hayes

Ceist:

145 Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food when payment will issue under the forestry premium scheme to a person (details supplied) in County Waterford. [19555/09]

The forestry premium was paid to this applicant on 5th May 2009.

Tribunals of Inquiry.

Joe Costello

Ceist:

146 Deputy Joe Costello asked the Minister for Education and Science the number of tribunals that are sitting; the date that each was established; the cost to the Exchequer of legal representation of each tribunal to date; the number of lawyers that are employed by the State on tribunal work; if there is a daily rate paid to these lawyers; the rate of same; if some lawyers are employed on a retainer and not actually participating in the tribunal; if they are paid a daily rate; if so, the rate; and if he will make a statement on the matter. [19466/09]

I wish to advise the Deputy that, in relation to my Department, the only such body currently sitting is the Commission to Inquire into Child Abuse, which was formally established in May 2000, under the terms of the Commission to Inquire into Child Abuse Act, 2000. Under the terms of this legislation, the Commission is entirely independent in the performance of its functions.

In terms of the cost to the Exchequer of legal representation, the Commission's legal expenses to date is €14,460,760. In relation to my own Department, the cost is €3.4 million.

There are currently 4 members of the legal profession employed by the Commission, only one of whom is paid on a per diem basis. The daily rate payable is €531.

There are currently no lawyers employed on a retainer basis and not actually participating in the Commission.

Schools Building Projects.

Seán Connick

Ceist:

147 Deputy Seán Connick asked the Minister for Education and Science the proposed schedule for the commencement and completion of construction of the new secondary school in Gorey, County Wexford; and if he will make a statement on the matter. [19398/09]

The new post primary school project for Gorey, County Wexford is included in the list of seven schools which I approved for inclusion in the 3rd Bundle of schools to be procured via Public Private Partnership in December 2008.

This Bundle is in the pre procurement stage. Detailed output specifications and Public Sector Benchmark are being prepared and outline local authority planning permission applications are being prepared where necessary.

On successful completion of this process, it is my intention that the Bundle will be handed over to the National Development Finance Agency (NDFA) for procurement. The indicative timeframe for the delivery of a PPP school currently stands at approximately 4 years from the date the Bundle is announced.

School Enrolments.

Seán Connick

Ceist:

148 Deputy Seán Connick asked the Minister for Education and Science if his attention has been drawn to the fact that his Department has granted an exemption since 2005 to a school (details supplied) in County Wexford; and if he will make a statement on the matter. [19399/09]

As an exceptional measure, my Department allowed particular pupils outside the catchment area of the post primary school to which the Deputy refers to enrol in the school over recent years because these pupils had a reasonable expectation that they would be enrolling in the school and did not have sufficient notice to secure an alternative placement within their own catchment area.

The Department made it clear to the Principal of the school in February 2007 that this arrangement would terminate after three years i.e. in 2010, which would give adequate notice for pupils leaving the primary school to which the Deputy refers to secure places in their own catchment area.

I am not aware of pupils being denied enrolment in the school in September 2009 as the arrangement will still be in force at that time.

Schools Building Projects.

Ruairí Quinn

Ceist:

149 Deputy Ruairí Quinn asked the Minister for Education and Science when a secondary school (details supplied) in County Offaly will be allowed proceed to phase two of its school building project; when he expects the start date for the proposed extension of the school to be announced in view of the fact that the school was burnt down eight years ago and is worthy of special consideration as a result; and if he will make a statement on the matter. [19400/09]

Following a fire at the school to which the Deputy refers, the insurance proceeds were used by the management authority for the installation and rental of a significant amount of temporary accommodation, re-instatement works and for the upgrading of external areas. The temporary accommodation in question is of a very high quality and has a long life span. Consequently the Department purchased it outright.

To assist with the maintenance of the present buildings my Department has provided funding for roof repair works, an upgrade of the gas system and funding for certain demolition works for health and safety reasons.

I can confirm that this school has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a band 1 rating. The schedules of accommodation have been accepted by County Offaly VEC.

This project was not included in my announcement in February therefore it is unlikely it will be progressed in 2009. 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.

Pat Breen

Ceist:

150 Deputy Pat Breen asked the Minister for Education and Science if he will visit a school (details supplied) in County Clare; and if he will make a statement on the matter. [19401/09]

As the Deputy will be aware, the National Council for Special Education (NCSE), through the local Special Educational Needs Organisers (SENOs), is responsible for co-ordinating special needs education provision at local and national level and arranging for the delivery of special education services.

I understand that the school referred to by the Deputy has been in contact with my Department indicating that the children in question have a different category of disability. Different resource parameters apply to different disability categories and my officials have advised the school to make contact with the SENO so that the case can be re-examined in that context.

I wish to advise the Deputy that I do not visit every school or class where the level of staffing or level of funding has been adversely affected by the application of various policies. Not only would it be physically impossible for me to visit every school where a teaching post is being suppressed, I would suggest that this would not represent the best use of a Minister's time.

School Staffing.

Mattie McGrath

Ceist:

151 Deputy Mattie McGrath asked the Minister for Education and Science the number of permanent wholetime appointments sanctioned in each VEC nationwide over the past ten years; and if he will make a statement on the matter. [19402/09]

The number of permanent teaching posts available in VEC schemes at any one time is determined in accordance with the agreed criteria relating to the application of the pupil teacher ratio. It is a matter for the individual VEC scheme, as employer, to determine whether any particular post when vacated may be filled on a permanent basis. The number of permanent wholetime appointments in each VEC over the past ten years is therefore not readily available within my Department.

I am committed to providing information in relation to the allocation of teachers to schools and VEC's as a new feature on my Department's website. The process has begun with the provision earlier this year of initial information on the allocation of mainstream classroom teachers to primary schools under the revised schedule for 2009/10.

Information on the teacher allocations to second level schools and VEC's, whether enrolment related or otherwise, is currently being compiled into a format for publication on my Department's website in the coming weeks. My intention is that, just as is the case with the information provided in relation to primary schools, this information will identify the changed position for second level schools and VECs arising from the October budget decisions.

Mattie McGrath

Ceist:

152 Deputy Mattie McGrath asked the Minister for Education and Science the number of permanent wholetime appointments sanctioned in the non-VEC secondary sector nationally over the past ten years; and if he will make a statement on the matter. [19403/09]

The information recorded on the database for secondary and community / comprehensive schools indicates that there were 14,870 appointments to permanent posts in the 2000/2001 school year in Secondary and Community/ Comprehensive schools.

In recent years the school managerial authorities have awarded contracts of indefinite duration to whole time and regular part-time teachers employed in their schools to comply with the agreed terms of the Fixed Term Act, 2003. In the current school year there are 1,559 holders of such contracts of indefinite duration appointments in secondary and community/ comprehensive schools. There are 13,780 permanent appointments recorded at present.

When deciding on the number of teaching posts, if any, which may be filled in a permanent capacity in a particular school year, the school authorities must take account of the approved teacher allocation for the school for that year, the number of permanent teachers currently employed, including those on approved leave, the overall limits as to the level of permanency as agreed from time to time and the need for flexibility to cater for the needs of all of the pupils attending the school. The assignment of teachers to individual classes within the overall approved allocation is a matter for the authorities of the school concerned.

Mattie McGrath

Ceist:

153 Deputy Mattie McGrath asked the Minister for Education and Science the teacher allocation relevant to the sectors (details supplied); and if he will make a statement on the matter. [19404/09]

The information requested by the Deputy in relation to the allocation to each individual VEC and non-VEC secondary school over the past ten years is not readily available within my Department and would involve an inordinate amount of administrative time to compile.

However, I am committed to providing information in relation to the allocation of teachers to schools as a new feature on my Department's website. The process has begun with the provision earlier this year of initial information on the allocation of mainstream classroom teachers to primary schools under the revised schedule for 2009/10.

Information on the teacher allocations to second level schools, whether enrolment related or otherwise, is currently being compiled into a format for publication on my Department's website in the coming weeks. My intention is that, just as is the case with the information provided in relation to primary schools, this information will identify the changed position for second level schools and VECs arising from the October budget decisions.

State Examinations.

John Perry

Ceist:

154 Deputy John Perry asked the Minister for Education and Science if he will intercede with the State Examinations Commission to ensure that a person (details supplied) in County Sligo is provided with a scribe for their junior certificate examinations in view of the medical circumstances involved; and if he will make a statement on the matter. [19405/09]

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations including organising the holding of examinations and determining procedures in places where examinations are conducted including the supervision of examinations.

I can inform the Deputy that the Commission operates a scheme of Reasonable Accommodations in the certificate Examinations. Applications for such accommodations are submitted by schools on behalf of their students.

In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

School Transport.

Michael Creed

Ceist:

155 Deputy Michael Creed asked the Minister for Education and Science if provisions will be made to transport a person (details supplied) in County Cork by taxi; and if he will make a statement on the matter. [19427/09]

My Department is examining the background to the case, referred to by the Deputy, in the details supplied. The Deputy will be advised of the position when this examination is complete.

Departmental Funding.

Michael McGrath

Ceist:

156 Deputy Michael McGrath asked the Minister for Education and Science if there are potential funding sources within his Department for a proposed community project (details supplied) in County Cork. [19447/09]

In light of the recent economic downturn the Government has had to make a number of difficult and challenging decisions in Budget 2009, which have seen a number of spending cuts across the Education sector.

Regrettably, it is not possible for my Department to consider supporting any new projects at this time.

Higher Education Grants.

Ruairí Quinn

Ceist:

157 Deputy Ruairí Quinn asked the Minister for Education and Science if he will reconsider offering a higher education grant to a person (details supplied) in County Meath in view of the fact that the original grounds for refusal, that the applicant had no evidence of place of residence, is no longer applicable; and if he will make a statement on the matter. [19454/09]

In order to be assessed as an independent mature candidate, the candidate must provide the relevant assessing authority with adequate proof of independent residence from 1st October preceding their entry to an approved course. In the case of the candidate referred to by the Deputy this is 1st October 2006.

The new documentation referred to by the Deputy has been considered in this case. As it relates to a current date 4th March 2009 and is therefore not acceptable proof of independent residency at the relevant date.

Schools Building Projects.

Joanna Tuffy

Ceist:

158 Deputy Joanna Tuffy asked the Minister for Education and Science the position in relation to the need for a permanent school building in respect of a school (details supplied) in County Dublin; and if he will make a statement on the matter. [19455/09]

The provision of a new building for the school to which the Deputy refers necessitates the acquisition of a site. I am pleased to inform the Deputy that County Dublin VEC has agreed to make a site available to my Department for this purpose. The Department is awaiting legal documents in relation to this from the VEC.

Once the site is acquired, consideration can be given to the inclusion of a building project for the school in the School Building and Modernisation Programme. However, in light of the current level of demand on the Department's capital budget, it is not possible to give an indicative timeframe as to when a building project for this school might progress.

Joe Carey

Ceist:

159 Deputy Joe Carey asked the Minister for Education and Science if he will give approval to a school (details supplied) in County Clare; and if he will make a statement on the matter. [19472/09]

The Deputy will be aware that on 12 February, 2009, I announced details of 25 high priority projects to commence architectural planning. The project for the school in question was included in this announcement. It will involve the construction of a new school on a greenfield site.

The project is currently at the earliest stage of architectural planning and is awaiting the appointment of a Design Team.

Michael McGrath

Ceist:

160 Deputy Michael McGrath asked the Minister for Education and Science when a design team will be formally appointed for a planned new primary school building (details supplied) in County Cork. [19478/09]

I am pleased to inform the Deputy that a project for a new 16 classroom building for the school to which he refers, was included in the list of 25 major school building projects which I announced on the 12 of February last to enter into architectural planning.

Officials in my Department are currently assessing the most appropriate construction model for this project. I anticipate that my officials will be in contact with the school authorities shortly.

Special Educational Needs.

Finian McGrath

Ceist:

161 Deputy Finian McGrath asked the Minister for Education and Science if he will support a matter (details supplied). [19487/09]

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 NCSE operates within my Department's criteria in allocating such support. When pupils move to a different school or progress to post-primary level, the new school must apply to the local SENO for SNA and resource support. The SENO will then process the application in the context of the existing levels of support in the second school.

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

Higher Education Grants.

Bernard J. Durkan

Ceist:

162 Deputy Bernard J. Durkan asked the Minister for Education and Science the basis on which a higher education grant has been refused in the name of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19498/09]

Bernard J. Durkan

Ceist:

181 Deputy Bernard J. Durkan asked the Minister for Education and Science when a higher education grant will be awarded in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19519/09]

I propose to take Questions Nos. 162 and 181 together.

The decision on eligibility for a higher education grant is a matter for the relevant local authority as appropriate. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of maintenance grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority.

Where an individual applicant has had an appeal turned down, in writing, by the relevant local 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. No appeal has been submitted to date in this case.

Special Educational Needs.

Bernard J. Durkan

Ceist:

163 Deputy Bernard J. Durkan asked the Minister for Education and Science when he expects to meet in full the requirement in respect of special needs teachers and assistants in all schools here with particular reference to speech and language therapy requirements, remedial, resource or other special needs; the optimum number of positions waiting to be filled in this regard; and if he will make a statement on the matter. [19499/09]

Bernard J. Durkan

Ceist:

180 Deputy Bernard J. Durkan asked the Minister for Education and Science the extent to which he proposes to meet in full remedial, resource, special needs teachers and classroom assistants in respect of the various schools here; and if he will make a statement on the matter. [19518/09]

I propose to take Questions Nos. 163 and 180 together.

I wish to advise the Deputy that there is no difficulty with the allocation of additional resource teaching and/or special needs assistant posts at present. Schools which have enrolled pupils with special educational needs that are eligible for such support apply to the National Council for Special Education (NCSE) for the allocation of the necessary resources. The Special Educational Needs Officers (SENOs) of the NCSE assess such applications in the context of the resources already available in the school. Where there is a need for additionality, in accordance with my Department's circulars, the SENO authorises additional posts.

The Deputy will be aware that the Health Service Executive (HSE) provides speech and language therapy services. It is intended that a proportion of the additional €10m provided to the health service this year will target the speech and language therapy needs of children attending school. There are currently 62 special classes in place to support children with specific speech and language disorder. Each class can cater for up to 7 children and children have access to a speech and language therapist through the HSE.

I want to take this opportunity to emphasise that priority will continue to be given to provision for children with special educational needs. Significant progress has been achieved in recent years, which has seen a huge increase in resources for pupil's with special educational needs. The NCSE will continue to support schools, parents, children and teachers. Along with all other areas of expenditure, provision is dependent on the resources available to the Government.

School Staffing.

Bernard J. Durkan

Ceist:

164 Deputy Bernard J. Durkan asked the Minister for Education and Science the number and location of schools here which are expected to lose teachers in the next two years arising from recent budgetary cutbacks; and if he will make a statement on the matter. [19500/09]

I am committed to providing information in relation to the allocation of teachers to schools and as a new feature on my Department's website. The process has begun with the provision earlier this year of initial information on the allocation of mainstream classroom teachers to primary schools under the revised schedule for 2009/10.

In terms of the position at individual primary school level the key factor for determining the level of resources provided by my Department is the pupil enrolment at 30 September 2008. The annual process of seeking this enrolment data from schools took place in the autumn and the data has since been received and processed in my Department enabling the commencement of the processes by which teaching resources are allocated to schools for the school year that begins next September.

My Department has written to the primary schools that are projected to have a net loss or gain in classroom teaching posts in September, 2009. As part of my efforts to ensure that relevant information is openly available to the public detailed information on the opening position for primary schools is now published on my Department's website. This provisional list sets out the details on individual schools that, taken collectively, are projected to gain 128 posts and to lose 382 posts — a net reduction of 254 posts. It is my intention to have this information updated and ultimately to set out the final position when the allocation processes are completed.

The final position for any one school will depend on a number of other factors such as additional posts for schools that are developing rapidly and posts allocated as a result of the appeals processes. The operation of redeployment arrangements also impacts on the final position as a teacher can remain in his or her existing school where a suitable redeployment position does not exist.

The final staffing position for all schools will therefore not be known until the autumn. At that stage the allocation process will be fully completed for mainstream classroom teachers and appeals to the Staffing Appeals Board will have been considered.

Information on the teacher allocations to second level schools, whether enrolment related or otherwise, is currently being compiled into a format for publication on my Department's website in the coming weeks. My intention is that, just as is the case with the information provided in relation to primary schools, this information will identify the changed position for second level schools and VECs arising from the October budget decisions.

School Curriculum.

Bernard J. Durkan

Ceist:

165 Deputy Bernard J. Durkan asked the Minister for Education and Science if all grant commitments made to various second level schools here towards the encouragement of sciences in the junior and senior syllabus have been met to date; if not, the reason for same; and if he will make a statement on the matter. [19501/09]

A revised syllabus in Junior Certificate Science was implemented on a phased basis starting in September 2003, supported by an investment of some €16m in resources and facilities for schools. The National Council for Curriculum and Assessment is currently engaging in a consultation process with schools relating to the revision of science subjects at senior cycle, but revised syllabuses in these areas have not as yet been submitted to my Department.

As part of the multi-annual school building programme, the Government has invested heavily in the modernisation of school facilities throughout the country including science facilities in post-primary schools. Provision of science facilities is an intrinsic part of all major projects at post-primary level. Typically this investment involves the provision of modern science facilities in new post-primary schools or the upgrading of science facilities in existing schools either as part of a school building project or as a dedicated investment to facilitate the teaching of science.

Schools have also received funding under the Summer Works Schemes 2004 -2007 to refurbish science laboratories. Over 60 schools were approved for funding in 2006 and 2007 under my Department's Summer Works Scheme to enable them to refurbish science laboratories on a devolved basis.

Expenditure on science laboratories and science equipment in schools will continue to arise for consideration in the context of the funding available for my Department's multi-annual School Building and Modernisation Programme.

In the budget of October 2008 it was announced that a number of separate grant payments to second-level schools would be abolished from 2009, including the grant for Physics and Chemistry. All commitments in this area for 2008 have been met. The capitation grant to schools for 2009 has been increased.

The Strategy for Science Technology and Innovation 2006 to 2013 recommended that the provision of laboratory assistance for schools for science, which had been costed in the 2002 Report of the Task Force on Physical Sciences at €18.8m per annum, should be revisited. Provision of assistants in this area would undoubtedly lead to demands for similar assistance across other areas of the curriculum where there is a strong practical component, and resources for this are not available at present. The availability of laboratory technicians has not been a universal feature of support for science teaching in second-level schools and, in some countries that do provide this type of resource, it is confined to certain types of schools.

Schools Building Projects.

Bernard J. Durkan

Ceist:

166 Deputy Bernard J. Durkan asked the Minister for Education and Science when he expects the schools building programme to reflect the needs of areas experiencing a rapid increase in population; and if he will make a statement on the matter. [19502/09]

As the Deputy will be aware the Programme for Government contains a commitment to establish a Developing Areas Unit (DAU) to liaise with local authorities, identify where new schools are needed and ensure that they are delivered in the fastest possible timeframe. This Unit was established early in 2008 and delivered 27 major building projects last year in areas experiencing rapid population growth.

In addition to the establishment of the DAU, the Planning and Building Unit has restructured to reflect the changing environment in which it now operates. In the Deputy's own constituency in County Kildare there are currently major building projects on site or progressing to site in Athgarvan, Athy, Kilcock, Kill, Maynooth, Naas, Newbridge, Nurney and Straffan. I'm sure the Deputy will agree that all of these projects are necessary and are meeting increased demands from areas experiencing rapid population growth in County Kildare.

Applications for school building projects are initially recorded and given a band rating to determine their order of priority. Projects with a band rating of 1 (generally projects in areas experiencing rapid growth) are given priority over projects with lower band ratings. Where funding permits other projects with lower band ratings are progressed on the school building programme. These projects would include refurbishment projects, extensions etc. Every school deserves to be treated equally and seek to have the best possible facilities available to their staff and pupils. If funding was limited to only those areas experiencing rapid population growth then there would be a regional imbalance in the school building programme which would be contrary to the Government's spatial strategy. The current process ensures fairness and equity in the system and allows for a regional balance in the school building programme.

Psychological Service.

Bernard J. Durkan

Ceist:

167 Deputy Bernard J. Durkan asked the Minister for Education and Science his proposals to meet psychological needs and assessments as identified by the various school authorities here; and if he will make a statement on the matter. [19503/09]

I can inform the Deputy that all primary and post primary schools have access to psychological assessments either directly through my Department's National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA) which is administered by NEPS.

In common with other psychological services NEPS encourages a staged assessment process whereby each school takes responsibility for the child's/pupil's initial assessment, educational planning and remedial intervention, in consultation with their assigned NEPS psychologist. Only if there is a failure to make reasonable progress in spite of the school's best efforts, will a child be referred for individual psychological assessment. This system allows the psychologists to give early attention to urgent cases and also to help many more children indirectly than could be seen individually.

The introduction of the General Allocation model for primary schools in 2005/06 means that children with high incidence special needs no longer have to wait for an individual assessment before they can get access to extra support.

Children who manifest very special or urgent needs in school and who have not been previously assessed by a psychologist and are brought to the attention of a NEPS psychologist by the Principal teacher will usually be assessed by the psychologist within that school term. Normally, principals of schools prioritise those children in need of psychological assessment in consultation with the assigned psychologist.

In the case of schools that do not currently have dedicated NEPS psychologists assigned to them, as I already mentioned, such schools have access to psychological assessments through the SCPA. Under this Scheme, schools can commission assessments from a member of the panel of private practitioners approved by NEPS, and NEPS will pay the fees directly to the psychologist concerned.

Should school authorities have specific difficulties with regard any of the foregoing I would suggest that they should contact the relevant local NEPS Regional Director, for whom contact details are also available on my Department's website.

I can inform the Deputy that there are currently 158 psychologists employed in my Department's NEPS service which represents an increase of some 20 posts on last years numbers.

I am satisfied that these processes adequately answer the underlying need of children within our education system. However in regard to further improving the service to schools I was pleased to announce recently, in the context of Budget 2009, an increase in the funding available to NEPS which will allow for an expansion of up to 50 additional psychologists. Recruitment of these psychologists is currently underway from an existing panel of qualified Personnel and upon its depletion discussions will commence between my Department and the Public Appointments Service in relation to the establishment of a new panel in this regard.

The number envisaged represent an increase on the numbers provided for under the T2016 Agreement and will, upon realisation, enable the expansion of the NEPS service to all schools in the country.

Adult Education.

Bernard J. Durkan

Ceist:

168 Deputy Bernard J. Durkan asked the Minister for Education and Science his plans to address the issue of provision of facilities for adult literacy here; the budget for same; and if he will make a statement on the matter. [19505/09]

My Department funds adult literacy services through annual grants to Vocational Education Committees (VECs) which deliver the services locally. The disbursement of funds is a matter for each VEC, which, subject to its budget, decides the nature and extent of the services to be provided in its area and the manner in which funds for these services should be spent. Annual funding for adult literacy increased from €1 million in 1997 to over €30 million in 2008. In the same period, the annual number of participants increased from 5,000 to almost 49,000. In 2009, funding is being maintained at similar levels to 2008. A number of initiatives have also been developed to tackle adult literacy. These include the Intensive Tuition in Adult Basic Education Programme, which provides up to six hours of tuition per week to learners instead of the normal two hours; a family literacy pilot scheme to address poor literacy from an intergenerational family perspective; and a workplace literacy programme (the Return to Learning Scheme) in all Local Authority areas for outdoor workers. Participants on Community Employment Schemes can avail of intensive literacy tuition provided by the VECs. There are other special funding projects including literacy for deaf people, for people with dyslexia and for native Irish speakers in Gaeltacht areas. Finally, in partnership with the National Adult Literacy Agency my Department has provided funding for several successful TV series to raise awareness around adult literacy issues.

School Accommodation.

Bernard J. Durkan

Ceist:

169 Deputy Bernard J. Durkan asked the Minister for Education and Science if health and safety regulations are achieved by all schools here with particular reference to accommodation requirements resulting in the occupation of landings, hallways, passageways or other accommodation not designed for classroom use; if his attention has been drawn to such situations; the way he will address the issue; and if he will make a statement on the matter. [19507/09]

The requirement for a Health and Safety Statement for the work place is governed by the Safety, Health and Welfare at Work Act 2005. This Act, which is regulated by the Health and Safety Authority, sets out the main provisions for securing and improving the safety, health and welfare of people at work, which includes the control of safety and health at work, the management and organisation of systems of work necessary to achieve these goals and the responsibilities and roles of employers, employees and others. Under the Act, school authorities are responsible for managing safety, health and welfare in schools and for having a safety statement in place in their schools, to identify possible hazards, assess the risks to health and safety and put appropriate safeguards in place. In practical terms, individual school authorities are best placed to assess the detail of their own health and safety requirements and there are many information sources such as Codes of Practices, guidelines, legislation and standards available to support them in this task. It is a matter for schools to decide whether or not to employ an expert to carry out this work on their behalf and to meet the cost of so doing.

My Department is involved in developing health and safety guidelines to support post-primary schools in meeting their obligations under the prescribed legislation. This project is being undertaken in collaboration with the Health and Safety Authority, the State Claims Agency and the School Development Planning Initiative. Provision is built into the School Building and Modernisation Programme to enable schools address urgent health and safety problems. Under the annual Minor Works Grant, around €27 million was paid last December to primary schools throughout the country to enable thousands of small scale works to be completed without the need to interact with my Department. Individual primary schools received a grant in the sum of €5,500 plus €18.50 per pupil. The Summer Works Scheme, which was introduced during 2004, provides capital grants for smaller scale refurbishment works at primary and post-primary schools. Responsibility for the delivery of the projects is entirely devolved to the schools and their design teams. The scope of works covered under this scheme is intended to address Health and Safety issues in all schools as well as improvement works to the existing fabric of the buildings. My Department also sets aside a contingency sum each year to deal with emergency works in primary and post-primary schools, including health and safety works. Urgently required health and safety works relating to asbestos removal, radon mitigation or dust extraction may be grant-aided under the remediation programmes operated by the School Building Section of my Department.

Bullying in Schools.

Bernard J. Durkan

Ceist:

170 Deputy Bernard J. Durkan asked the Minister for Education and Science the number of incidents of school bullying made known to his Department in the past 12 months; the action taken arising therefrom; if this represents an increase, decrease or same in each of the previous three years to date; and if he will make a statement on the matter. [19508/09]

Responsibility for tackling bullying falls to the level of the individual school as it is at local level that an effective anti-bullying climate must be established. Individual school management authorities are not required to report to my Department on incidence of bullying. I am, however, anxious to support schools in tackling bullying. For that reason, a number of supports have been put in place in recent years. Each school is required to have in place a policy which includes specific measures to deal with bullying behaviour, within the framework of an overall school Code of Behaviour and Discipline. Such a code, developed through consultation with the whole school community and properly implemented, can be the most influential measure in countering bullying behaviour in schools. My Department has issued guidelines as an aid to schools in devising measures to prevent and deal with instances of bullying behaviour and to increase awareness among school management authorities of their responsibilities in this regard. These guidelines were drawn up following consultation with representatives of school management, teachers and parents, and are sufficiently flexible to allow each school authority to adapt them to suit the particular needs of their school. In 2007, my Department published on its website policy templates for post-primary schools in five key areas, including anti-bullying. The template documents are not prescriptive, but rather highlight possible approaches and potential material for inclusion in school policies and takes account of more recent legislative and regulatory changes. Reference is also made to issues of contemporary concern such as the need to tackle text bullying, cyber-bullying and homophobic bullying.

The National Educational Welfare Board has developed further guidelines for schools on Codes of Behaviour, as provided for under section 23 of the Education (Welfare) Act 2000. These guidelines have been informed by broad consultation. I have previously indicated that once schools have had an opportunity to familiarise themselves with the board's guidelines, my Department will commence the process of revising and updating its own guidelines. This review will commence shortly and will take into account issues such as legislative developments, the involvement of the support services available to schools, technological advancements such as use of the Internet, e-mail, mobile phones and camera phones and the latest developments in international best practice on dealing with bullying behaviour. The National Behaviour Support Service (NBSS) was established in 2006 in response to the recommendation in "School Matters", the report of the Task Force on Student Behaviour in Second Level Schools. The NBSS is currently working with 50 Post Primary Schools to promote and support positive student behaviour.

The National Centre for Technology in Education's Internet safety initiative, "Webwise", includes an integrated educational programme. An integrated educational programme was developed in partnership with the SPHE Support Service. The programme, "Be Safe-Be Webwise", is delivered in the context of the SPHE module on personal safety by the SPHE second level support service. The NCTE delivers Internet safety seminars to parents in schools in partnership with the National Parents Council (Primary). Over 150 seminars have been held since 2007. Continuing professional development training, on the subject of Internet safety, is being provided to teachers. The Watch Your Space awareness campaign, which was launched in February 2007, seeks to raise awareness and promote safe, responsible practice by young people when on-line. The campaign has a strong peer-to-peer perspective and centres on an interactive on-line service, www.watchyourspace.ie, which has been developed by the NCTE. The site offers practical tips and advice and supports teenagers who use the web. A key feature is the advice given from teenagers to teenagers on how to cope with the fall-out from abuses and misuse of social networking and picture-sharing websites.

Earlier this year, the NCTE launched a social marketing campaign, combining blanket and targeted messages delivered through a wide range of media channels and involving children and young people themselves, to the promotion of effective responses to cyber-bullying by young people. This campaign is ongoing and is supported by traditional and on-line media services including RTE, SKY, Nickelodeon, MTV, City Channel, Google, Microsoft, Eircom, Meteor, and Bebo. Dealing with bullying has also been incorporated in training for principals through the Leadership Development for Schools programme. I have stressed to the teacher unions the importance not only of having a written policy on bullying but also of fostering a climate in which it is not tolerated in any form and in which children know that if they make a teacher aware of bullying, it will be dealt with. The education of students in primary and post-primary schools in relation to anti-bullying behaviour is part of the SPHE curriculum. SPHE is now a compulsory subject both at primary level and in the junior cycle of post-primary schools.

Pupil-Teacher Ratio.

Bernard J. Durkan

Ceist:

171 Deputy Bernard J. Durkan asked the Minister for Education and Science the action he will take to ensure ready and available access for children at primary and second level whose parents have recently moved to County Kildare having particular regard to classroom overcrowding, pupil-teacher ratios and data available from the national census of population and the various county development plans; and if he will make a statement on the matter. [19509/09]

The forward planning section of my Department is in the process of identifying areas where significant additional accommodation will be required at primary and post-primary level for future school years. Factors under consideration include population growth, demographic trends, current and projected enrolments, recent and planned housing developments and capacity of existing schools to meet demand for places. Having considered these factors, decisions will be taken on the means by which emerging needs will be met within an area. Primary and post-primary accommodation requirements in the Kildare area, and any subsequent issues which may arise, will be considered in this regard.

School Staffing.

Bernard J. Durkan

Ceist:

172 Deputy Bernard J. Durkan asked the Minister for Education and Science the number of submissions he has received from various schools here seeking the provision of extra teaching staff in order to reduce class sizes in each of the past three years; the number of requests that were approved, rejected or pending in the same period; and if he will make a statement on the matter. [19510/09]

I assume the Deputy is referring to appeals to the Primary Staffing Appeals Board, details of which I am enclosing for the Deputy's information. It is open to any Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule, Circular 0002/2009, which is available on my Department's website. The criteria are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is also available on the website. The Appeal Board meets in May, July and October of each year to consider cases submitted. Appeals must be submitted to Primary Allocations Section, Department of Education and Science, Athlone, on the standard application form, clearly stating the criterion under which the appeal is being made. The standard application form is available from Primary Allocations Section or on my Department's website. Closing dates for receipt of staffing appeals in the current year are 29 April, 29 May and 9 October 2009. The Appeal Board operates independently of the Department and its decision is final.

Year

Number of Appeals Considered

Number of Appeals Upheld

2006

88

11

2007

74

16

2008

49

16

School Accommodation.

Bernard J. Durkan

Ceist:

173 Deputy Bernard J. Durkan asked the Minister for Education and Science if he will accelerate the school building programme with a view to ensuring the early provision of adequate accommodation and facilities in permanent buildings for all children attending primary and second level schools here and keeping in mind the need to follow best international practice; and if he will make a statement on the matter. [19511/09]

In 2009, almost €614 million will be spent on school infrastructure. It represents a significant investment in the school building and modernisation programme. As the Deputy will appreciate, the climate within which the 2009 Budget has been framed is very different to that of recent years. The Government has been faced with very difficult choices across all areas of public spending. This level of funding for the building programme, at a time of great pressure on public finances, is a sign of the very real commitment of this Government to investing in school infrastructure and will permit the continuation of progress in the overall improvement of school accommodation. The progression of all large scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Department's Multi-Annual School Building and Modernisation Programme. The particular emphasis in 2009 is on providing sufficient school places in developing areas, while also showing the Government's commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. In this context I recently announced an €80 million fund to provide a major Summer Works Scheme this year. The €80 million fund will finance over 1,180 small to medium-scale capital projects in 967 schools over the quiet summer months so that disruption is minimised. The capacity of schools to take responsibility for delivering small and medium-scale projects is a key component of the Summer Works Scheme and I'm pleased to be in a position to make funding available once again. The Summer Works Scheme covers school projects such as gas, electrical and mechanical works, roof replacements and repairs, window replacement, toilet upgrades, structural improvements and access works. The fund will dramatically improve structural, mechanical, electrical, gas and other works in schools right across the country.

Bernard J. Durkan

Ceist:

174 Deputy Bernard J. Durkan asked the Minister for Education and Science the extent to which he will prioritise the replacement of temporary or prefabricated school buildings in the course of 2009; the name, number and location of these schools which he will prioritise in 2009 for same; and if he will make a statement on the matter. [19512/09]

Bernard J. Durkan

Ceist:

178 Deputy Bernard J. Durkan asked the Minister for Education and Science if he will address the ongoing issue of temporary classroom accommodation in 2009; and if he will make a statement on the matter. [19516/09]

I propose to take Questions Nos. 174 and 178 together.

It is the policy of my Department to provide a permanent accommodation solution in so far as possible to meet accommodation demands presenting in schools. However, the time span involved in architectural design and obtaining planning permission processes effectively means that, in all instances, it may not be possible to provide a permanent accommodation solution as soon as it is required and in these cases temporary accommodation is provided as an interim measure. In 2009 almost €614 million will be spent on school infrastructure. It represents a significant investment in the school building and modernisation at a time of great pressure on public finances and is a sign of the very real commitment of this Government to investing in school infrastructure and will permit the continuation of progress in the overall improvement of school accommodation. In July of 2008, I introduced a new scheme which allows those schools with an urgent and pressing need for additional accommodation which is likely to last for more than 3 years, and who are being given approval for grant aid, to avail of the option of using their grants either to purchase prefabs or to construct permanent classrooms for the same amount. I am also introducing a new pilot project aimed at replacing rented prefabs with permanent modular buildings. This project will be targeted at schools that have older rented prefabs and need long-term additional accommodation.

Special Educational Needs.

Bernard J. Durkan

Ceist:

175 Deputy Bernard J. Durkan asked the Minister for Education and Science his proposals to extend and improve facilities in mainstream education for children with autism; if he has evaluated precisely such needs at various schools here; the extent to which he has received representations from school authorities setting out their optimum requirements; when he expects to meet in full such needs; and if he will make a statement on the matter. [19513/09]

Bernard J. Durkan

Ceist:

176 Deputy Bernard J. Durkan asked the Minister for Education and Science the number and location of primary schools in County Kildare at which special facilities have been provided for children with autism; the number of children attending in each case; the extent to which the facilities in question are adequate to meet requirements; if he has proposals for augmentation; and if he will make a statement on the matter. [19514/09]

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

The Deputy is aware of the Government's commitment to ensuring that all children with special educational needs, including those with autism, can access an education appropriate to their needs, preferably in school settings through the primary and post-primary school network. This facilitates access to individualised education programmes, fully qualified professional teachers, special needs assistants and the appropriate school curriculum. My Department has put in place a training programme for teachers in autism-specific interventions including TEACCH, PECS and ABA through the Special Education Support Service. The support service facilitates a partnership approach involving support teams of practising teachers, Education Centres, the Inspectorate, the National Educational Psychological Service, the National Council for Curriculum and Assessment, the National Council for Special Education, Third Level Colleges, Health Board Personnel, Teacher Unions and other relevant bodies and services.

Parents of children with autism have three distinct choices available to them depending on the needs of the child. Their child can attend a mainstream class in their local school with additional supports as required, they can attend a special class in a mainstream school or they can attend a special school. While some children with autism can thrive in a mainstream class, special classes in both mainstream and special schools have been specifically designed to meet the needs of those who require more intensive support. My Department's Inspectorate carried out an Evaluation of Educational Provision for Children with Autistic Spectrum Disorders (ASD) which was published in 2006. The report looked at the education that is provided for children with autism in a variety of settings nationwide, including mainstream classes supporting children with autism. I am satisfied with the current policy of providing schools who have special classes for children with autism with qualified teachers, low pupil teacher ratios, a minimum of two special needs assistants per class, access to professional development as well as training courses in autism specific interventions, enhanced capitation and grants for specialist equipment and furniture, if required, together with special school transport arrangements. Educational provision in schools will be generally augmented by my intention to continue the recruitment of additional NEPS psychologists.

The Deputy will be also be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants to special and mainstream schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support. I have asked the council to supply the Deputy directly with the location of primary schools in County Kildare with special facilities for children with autism. However, the number of children attending in each case may not be readily available.

School Accommodation.

Bernard J. Durkan

Ceist:

177 Deputy Bernard J. Durkan asked the Minister for Education and Science the extent to which his attention has been drawn to classroom overcrowding at the present time; the action he proposes to take to address this issue in early date; and if he will make a statement on the matter. [19515/09]

The Forward Planning Section of my Department is in the process of identifying the areas where significant additional accommodation will be required at primary and post-primary level for future school years. Factors under consideration include population growth, demographic trends, current and projected enrolments, recent and planned housing developments and capacity of existing schools to meet demand for places. Having considered these factors, decisions will be taken on the means by which emerging needs will be met within an area. In terms of class sizes, almost 80% of primary pupils were in classes of less than 30 pupils during the last school year. With over 20,000 individual classes spread across all primary schools throughout the country, there will always be differences in individual class sizes. Some schools can have class sizes of greater than 27 or 28 but this is often because of a local decision by a school to use its teaching resources to have smaller numbers in other classes. Indeed, when a particular school has a class of over 30 in a particular grade, it is often because there is another class in the same school with just 20 pupils or so. I appreciate that an even distribution and splitting classes may not always be an option for a particular school, because for example there might be a large group in junior infants and a small group in sixth class and so on. Where possible, I believe that principals should consider the benefits of having smaller multi-grade classes as against having particularly large differences in class sizes at different levels in the school.

Question No. 178 answered with Question No. 174.

Pupil-Teacher Ratio.

Bernard J. Durkan

Ceist:

179 Deputy Bernard J. Durkan asked the Minister for Education and Science his plans to bring pupil-teacher ratios into line with best practice in other EU jurisdictions; and if he will make a statement on the matter. [19517/09]

The Deputy has introduced the issue of comparability of Irish pupil-teacher ratios with the position in schools internationally. Given the momentous challenges that most countries are facing to cope with economic recession, and in the case of some countries to even maintain financial solvency, raising the matter of educational comparisons misses the point. The first priority for Governments throughout the world at present is to ensure economic survival. Ensuring that public services like education can be maintained at a reasonable level is but a subset of that greater priority of securing national solvency. Without economic and fiscal stability, it is axiomatic that public services like education will suffer. The Government is about the business of securing Ireland's future. It is the number 1 priority. In the budget we tried to shelter education services as best we could. Some changes to how schools are to be staffed from next September were unavoidable. Of course it would be desirable to make improvements as originally intended, let alone have to take a step back. However, this is a changed world. It would be sheer folly to allow the overall number of teachers to spiral upwards as if nothing had changed. I have faith in the quality of our teachers and our schools and in their capacity to deliver as well from September 2009 as they did just over a year ago from a similar level staffing and class size position. We need to come through this difficult period. Only then can we look at what further improvements we can make in how we staff schools and reduce class sizes. As the full extent of the global crisis seeps into public consciousness, I believe parents will accept that taking difficult decisions now to secure future economic prosperity and secure employment for them and ultimately their children is the first imperative of the Government.

Question No. 180 answered with Question No. 163.
Question No. 181 answered with Question No. 162.

Physical Education Facilities.

Noel Ahern

Ceist:

182 Deputy Noel Ahern asked the Minister for Education and Science if he will clarify the position in relation to a school (details supplied) in Dublin 5; the position in relation to the provision of a sports hall; the length of time the request is with his Department; the general policy with regard to the provision of same; if grants are provided to rent sports facilities off site and so on; if a request has been made for ceiling repairs; if same will be funded under the summer works programme; if the school will be inspected from a health and safety aspect to ascertain the situation; and if he will make a statement on the matter. [19551/09]

The school to which the Deputy refers applied to my Department for large scale capital funding for the provision of a PE Hall in 1998. All applications for large scale capital funding are assessed against published prioritisation criteria which were formulated following consultation with the Education Partners. Under the criteria, each project is assigned a Band Rating which reflects the type of works required and the urgency attaching to them. There are four Band Ratings in all, with Band 1 being the highest and Band 4 the lowest. A Band 4 rating has been assigned to the project in question in line with the criteria. Projects are progressed in accordance with the Band rating assigned to them and as they are ready to proceed. In light of current competing demands on the Department's capital budget, it is not possible to give an indicative timeframe for the progression of the project at this time.

With regard to my Department's policy on the provision of sports facilities generally, my Department is committed to funding the provision of PE, general purpose and outdoor play areas in schools as part of the school building and modernisation programme. This is being addressed in the context of available resources and the published criteria for prioritising school building projects, which I have referred to above. The provision of PE Halls at post-primary level is considered an integral part of the design stage for any major refurbishment programme of existing school buildings, providing that the site is of sufficient size, or where a new school on a greenfield site is being built. My Department does not have a budget stream for the rental of sports facilities as many schools, particularly those in large urban areas, can have the use of adjacent local facilities, including public parks, playing fields and swimming pools.

With regard to the Summer Works Scheme, the Deputy will be aware that, under the terms and conditions of this Scheme, schools are required to identify their highest priority projects. Under the current Scheme, the school in question applied for funding for an upgrade to its external environment. I am pleased to inform the Deputy that funding for this has been approved. My Department has no record of an application for funding for ceiling repairs under this Scheme. Apart from the Summer Works Scheme funding recently granted, the school received funding in excess of €32,000 last November for gas installation works.

School Staffing.

Frank Feighan

Ceist:

183 Deputy Frank Feighan asked the Minister for Education and Science if he will guarantee that the present complement of special needs assistants will be retained in schools in County Roscommon and County Leitrim; and if he will provide a breakdown of the number in each school. [19570/09]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support. Applications for SNAs may be considered by the NCSE where a pupil has a significant medical need for such assistance and where there are identified care needs arising from a diagnosed disability. A pupil's level of care may diminish over time as the child matures. Pupils may move to a different school or to post-primary school. In such situations, the NCSE will review and adjust the SNA support required in the school. This may mean that some pupils who had previously been supported by a full time SNA may have their needs met through the shared support of an SNA or perhaps they may have no need for SNA support. All schools have the names and contact details of their local SENO. Parents may contact their local Special Educational Needs Organiser directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie. There are 55 and 126 whole-time equivalent SNAs in primary and post-primary schools in counties Leitrim and Roscommon respectively. My Department will be in further contact with the Deputy in relation to a more detailed breakdown.

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