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Dáil Éireann díospóireacht -
Thursday, 11 Jun 2009

Vol. 684 No. 3

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].

Employment Support Services.

Tom Hayes

Ceist:

1 Deputy Tom Hayes asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of jobs clubs nationally; the number of clients they have dealt with individually for each of the past three years; and if she will make a statement on their role in tackling unemployment. [23371/09]

FÁS Job Clubs were introduced in 1999 to assist people who were actively seeking employment by providing support for the job search process and an environment in which it could be carried out. Independent Sponsor Groups are contracted by FÁS on a year to year basis to run the programme. Job Clubs are seen as an important resource and intervention for those who have recently completed training programmes or have recently become unemployed. They provide both a formal and structured input as well as a drop-in resource facility. They also help the individual in overcoming the personal effects of unemployment by providing a mutual support forum from people in a similar situation.

56 Job Clubs nationwide provided formal programmes to the following numbers of clients for the past three years: 2006 — 6,400; 2007 — 7,100; 2008 — 8,600. I understand that the number of "drop-ins" would be approximately double these figures. During 2009 it is proposed to increase the number of Job Clubs to over 60.

Environmental Levies.

Brendan Kenneally

Ceist:

2 Deputy Brendan Kenneally asked the Tánaiste and Minister for Enterprise, Trade and Employment if a fairer deal will be negotiated for the importation of stones from Northern Ireland and the UK; and if she will make a statement on the matter. [23400/09]

The question appears to relate to the Aggregates Levy which is in operation in the United Kingdom. I understand that the levy was introduced for environmental purposes and is applicable to the extraction of virgin aggregate in the United Kingdom and to imported virgin aggregate on its first use or sale in the United Kingdom. I understand further that in 2004 the European Commission decided that a modified exemption to the Aggregates Levy in Northern Ireland was compatible with state aid rules in the EC Treaty.

Vetting of Personnel.

Frank Feighan

Ceist:

3 Deputy Frank Feighan asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason for the delay with FÁS before submitting applications for vetting clearance to the appropriate Garda section in respect of workers in the health care sector; and if her attention has been drawn to the fact that those applicants are left for months without a job waiting for vetting procedures to be completed while in many cases they have not been submitted for weeks. [23462/09]

Recruitment for all Community Employment posts that allow applicants substantive unsupervised access to children and/or vulnerable adults requires Garda vetting. Fully completed and documented Garda vetting application forms are sent by FÁS to the Garda Central Vetting Unit within 10 working days. Delays may occur in cases where the vetting application forms are not correctly completed or the required documentation is omitted. In the case of correctly completed documentation and satisfactory vetting checks the whole process generally takes around 8 weeks. Relevant project sponsors are advised by FÁS of this time line and advised to apply well in advance where vetting is required.

Tax Code.

Brian O'Shea

Ceist:

4 Deputy Brian O’Shea asked the Minister for Finance if he will review the situation of confining mortgage interest tax relief to the first seven years of a mortgage in view of the number of families whose mortgages are falling behind in repayment; and if he will make a statement on the matter. [23363/09]

I believe that in these times of scarce resources support should be targeted at those most in need. Mortgage interest relief has therefore been limited to the first seven years of a mortgage from 1 May 2009. The relief is now targeted at those who bought their home when prices were at their peak while also supporting those who wish to move, improve or buy for the first time.

Brian O'Shea

Ceist:

5 Deputy Brian O’Shea asked the Minister for Finance if he will abandon his proposal to either tax or means test child benefit from 2010; and if he will make a statement on the matter. [23364/09]

The position in relation to Child Benefit is as set out in my Supplementary Budget on 7 April 2009. The Government does not believe that it is fair to pay the same level of benefit irrespective of the level of income of the recipient. In times of scarce resources the Government believes support should be targeted at those most in need. My Department, together with the Department of Social and Family Affairs and the Revenue Commissioners are considering how best to achieve this policy objective. The tax treatment of child benefit is also being considered by the Commission on Taxation. I will be informed by its proposals on this matter.

Seán Power

Ceist:

6 Deputy Seán Power asked the Minister for Finance if he will clarify that income from the carer’s allowance awarded by the Department of Social and Family Affairs is taxable; and if he will make a statement on the matter. [23413/09]

The position is that, in line with many other social welfare allowances, pensions and benefits, the carers allowance awarded by the Department of Social and Family Affairs is taxable.

Court Accommodation.

Brian O'Shea

Ceist:

7 Deputy Brian O’Shea asked the Minister for Finance the position regarding the proposed extension to Waterford Courthouse; and if he will make a statement on the matter. [23417/09]

The provision of Court accommodation is, in the first instance, a matter for the Courts Service. The Commissioners of Public Works, acting on behalf of the Courts Service, have appointed an Architect as Design Team Leader for this project, and are arranging for the appointment of the other members of the Design Team. Consultations have taken place with local Court users, and it is anticipated that planning of the refurbishment and extension of Waterford Courthouse will commence shortly. I understand that further consultations with Court users will be undertaken by the Courts Service, as the project progresses.

Financial Services Regulation.

Brian Hayes

Ceist:

8 Deputy Brian Hayes asked the Minister for Finance if he will investigate if section 35 of the Credit Union Act 1997 is proving restrictive regarding the renegotiation of over five years; and if he will make a statement on the matter. [23430/09]

I refer the Deputy to his similar Parliamentary Question 108, Ref No: 22371/09 for answer Tuesday, 9th June, 2009. As stated in answer to that question, I have asked my Department to reconvene the Group, representative of stakeholders, the Regulatory Authority and my Department, which successfully reviewed the Section 35 lending limits in 2006. The mandate for this Group will be to find a solution to this complex issue.

Tax Code.

Frank Feighan

Ceist:

9 Deputy Frank Feighan asked the Minister for Finance the reason, in the case of persons (details supplied) who are residing together for 18 years and who are jointly assessed for jobseeker’s benefits, the partner is not allowed to transfer their tax credits. [23464/09]

Cohabitating couples are expressly recognised for the purpose of social welfare law but are not recognised for the purposes of income tax law. Although this may appear contradictory, the main aim of both the welfare code and the tax code is to uphold the constitutional right of married couples not to be treated less favourably than unmarried couples. The basis for the current tax treatment of married couples derives from the Supreme Court decision in Murphy v. the Attorney General (1980) which held that it was contrary to the Constitution for a married couple to pay more tax than two single people living together and having the same income.

The treatment of cohabiting couples for the purposes of social welfare is primarily a matter for the Minister for Social and Family Affairs. However, it is also based on the principle that married couples should not be treated less favourably than cohabiting couples. This was given a constitutional underpinning following the Supreme Court decision in Hyland v. Minister for Social Welfare (1989) which ruled that it was unconstitutional for the total income a married couple received in social welfare benefits to be less than the couple would have received if they were unmarried and cohabiting. In the particular circumstances outlined, where a couple are co-habiting rather than married, it is not permitted under existing legislation to transfer tax credits between the individuals.

Departmental Agencies.

Willie Penrose

Ceist:

10 Deputy Willie Penrose asked the Minister for Finance the reason the Revenue Commissioners are taking steps to close the Revenue Commissioners office in Mullingar, County Westmeath; if this decision will be reviewed and reversed; and if he will make a statement on the matter. [23466/09]

I am informed by the Revenue Commissioners that their office in Mullingar is not a public office and therefore its closure will not have any service implications for the people of Westmeath. Service for the people of Westmeath is and will continue to be available through the Athlone office, the VRO in Tullamore and via the locall 1890 service. Revenue's Border Midlands West Region has the largest geographical spread of all Revenue regions. The number of small offices located in this region is a legacy of the prior existence of small Customs and Excise stations or Vehicle Registration Offices, which are no longer needed in the context of Revenue's modern service delivery. Generally, only limited services are delivered from these small offices and, in the case of Mullingar, these services are not specific to the town. The functions can be carried out equally well at other larger offices without any diminution of service.

Revenue has an obligation to address the question of the proper use and management of resources, particularly given the current economic circumstances. In that context, the functions carried out in the Mullingar office have been reviewed and it has been established that there is an overriding business case to integrate these functions into other nearby Revenue locations. The decision has therefore been taken that the reasonable option is to close the Mullingar office and to move the functions and the small number of staff concerned to the Athlone office. I am satisfied that in the context of managing with reduced numbers and of making effective use of resources, the consolidation of the Mullingar office into Athlone is reasonable, represents more efficient use of staff resources and office infrastructure and will not cause any difficulty for customers in the county.

Child Care Services.

Paul Nicholas Gogarty

Ceist:

11 Deputy Paul Gogarty asked the Minister for Health and Children if correspondence has been received from an association (details supplied) outlining the concerns regarding the proposed scheme for a free pre-school year; if the concerns expressed in relation to top-up, regulation, sessional care versus full day care, parental information provision, administration, payment and quality assurance are being examined; if the scheme will be adjusted to take into account these problems; and if she will make a statement on the matter. [23404/09]

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 will be introduced from January next. The association referred to by the Deputy wrote to me on 28 April 2009 welcoming the announcement of the scheme, which will allow qualifying children to avail of a free pre-school place in the year before they commence primary school, and suggesting a number of amendments which they felt would enhance the scheme.

A comprehensive response was issued to the association on 11 May 2009. I also met with representatives of the association at that time and discussed the issues raised in their letter at some length, including the question of rateable charges being collected from many pre-school services. I have since raised this issue with my colleague, John Gormley T.D., Minister for the Environment, Heritage and Local Government and am awaiting a response. I understand that the association wrote to me again on 4 June 2009 on this matter and I hope to be in a position to respond to them very shortly.

Paul Nicholas Gogarty

Ceist:

12 Deputy Paul Gogarty asked the Minister for Health and Children if she will clarify the situation as to whether child care providers can charge more than €240 a month if they sign up to participate in the one-year free child care scheme; and if she will make a statement on the matter. [23410/09]

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 is being introduced from January next. The scheme will allow qualifying children to avail of a free pre-school place in the year before they commence primary school. The scheme is open to all private and voluntary pre-school services which are notified to the Health Service Executive (HSE) or registered with the Irish Montessori Educational Board (IMEB). Sessional playschools will, normally, participate in the scheme by providing the pre-school year for 3 hours a day, 5 days a week over 38 weeks while full or part-time daycare services will, normally, participate by providing the pre-school year for 2 hours, 15 minutes a day, 5 days a week over 50 weeks.

An annual capitation fee of over €2,400 will be paid to participating services in return for the provision of a free pre-school year to each child. This is equivalent to approximately €276 per month where a service is participating for 38 weeks and approximately €207 per month where it participates for 50 weeks. Services will be paid in advance at the start of each term. It is a condition of the scheme that the pre-school year is provided free of charge to parents in return for the capitation fee. However, services may charge for additional services, including additional hours, dance, etc or snacks, provided these are offered to parents on an optional basis and provided children not availing of an additional service continue to receive appropriate pre-school provision. It is a matter for each participating service to manage its overheads including the costs of meeting the statutory entitlements of employees to holiday pay, etc.

Adoption Services.

Deirdre Clune

Ceist:

13 Deputy Deirdre Clune asked the Minister for Health and Children her views on the provision of alternative routes to assessing prospective adoptive parents in view of the delays experienced by many such parents; and if she will make a statement on the matter. [23361/09]

Requests for assessment for inter-country adoption are continuously increasing. The ‘Study on Inter-country Adoption Outcomes in Ireland', undertaken by the Children's Research Centre, Trinity College, between December, 2004, and April, 2007, revealed that Ireland has one of the highest rates for inter-country adoption in Europe. It is against this background that the Office of the Minister for Children and Youth Affairs is continuing to work to create the appropriate legislative, policy and administrative frameworks that will ensure a well regulated regime of adoption. Its aim is to support the children for whom adoption services are devised and provided and to protect prospective parents.

A family that wishes to adopt should be recognised beforehand as being able to promote, safeguard and support the development and well-being of a child in need of adoption in a lasting manner. However, it is acknowledged that persons applying for inter-country adoption are experiencing delays as regards waiting times for assessment, and that there are also concerns regarding the standardisation of the service across the country.

It should be noted that the increasing numbers of children adopted from abroad create additional pressures on inter-country adoption teams within the Health Service Executive. This is because these same teams provide post-adoption reports to the sending countries, at the request of those countries, and with the agreement of the adoptive parents. This is an important component in the willingness of countries to consider Irish applicants for adoption. It must also be acknowledged that the Health Service Executive's Child Welfare and Protection Services must continue to be the priority in managing the overall resources available to the Executive in respect of all of these services.

It is also important to note that, following the assessment process, if successful, applicants must then wait before receiving a referral for a child from the sending country. The waiting times for referral are outside the jurisdiction of both the Health Service Executive and the Adoption Board and are dependent on the regulations that each individual country has with regard to inter-country adoption.

At a practical level, the development of standards for the assessment of applicants for inter-country adoption has been advanced through the conjoint working of the Adoption Board, the Office of the Minister for Children and Youth Affairs and the Health Service Executive. This work was based on a report commissioned by the Department of Health and Children and submitted to Government in June, 1999, entitled "Towards a Standardised Framework for Inter-country Adoption Assessment Procedures". The standardised framework which emerged from that process in 2000 was founded on evidence-based practice and developed with the assistance of international agencies in the field. The implementation of this framework is continually under review by all parties as inter-country adoption practice and experience continues to evolve and with particular regard to the new statutory framework likely to emerge from the recently published Adoption Bill, 2009.

The Bill, which has now passed all stages in the Seanad, provides for a new regime for the accreditation of a range of agencies providing adoption services. This modernised regime more fully recognises the phenomenon of intercountry adoption and makes provision for the accreditation of agencies to provide both assessment services or mediation services. The Bill also proposes changes to the regulation of the activities, management and financial arrangements of such agencies. If enacted, there will be opportunity for the development of new agencies to assist in the reduction of waiting times in those areas where the waiting times are longest.

Medical Cards.

James Reilly

Ceist:

14 Deputy James Reilly asked the Minister for Health and Children the average time it takes to process an over 70s and under 70s medical card application per local health office; and if she will make a statement on the matter. [23373/09]

James Reilly

Ceist:

16 Deputy James Reilly asked the Minister for Health and Children the reason it takes between four to six weeks to print and post a medical card; and if she will make a statement on the matter. [23375/09]

I propose to take Questions Nos. 14 and 16 together.

The information sought by the Deputy is not provided as a matter of routine by the Health Service Executive (HSE) to my Department. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to address these matters and to have a reply issued directly to the Deputy.

James Reilly

Ceist:

15 Deputy James Reilly asked the Minister for Health and Children the number of medical card appeals; the average time it takes to process a medical card appeal; the percentage of medical card appeals upheld; and if she will make a statement on the matter. [23374/09]

The information sought by the Deputy is not provided as a matter of routine by the Health Service Executive (HSE) to my Department. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to address these matters and to have a reply issued directly to the Deputy.

Question No. 16 answered with Question No. 14.

Health Service Staff.

James Reilly

Ceist:

17 Deputy James Reilly asked the Minister for Health and Children if the three additional consultants in emergency medicine posts added in 2009 have been filled; if not, when they will be filled; and if she will make a statement on the matter. [23376/09]

The HSE has advised that interviews for one of these positions are due to be held shortly. Advertisements for the other two posts have not as yet been published. My Department has asked the HSE to reply directly to the Deputy on the specific issue he has raised.

Social Services.

James Reilly

Ceist:

18 Deputy James Reilly asked the Minister for Health and Children the number of social workers assigned to areas (details supplied) in County Dublin within office working hours and out of hours; and if she will make a statement on the matter. [23379/09]

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

Health Services.

Fergus O'Dowd

Ceist:

19 Deputy Fergus O’Dowd asked the Minister for Health and Children if dental treatment will be provided for a person (details supplied) in County Louth; and if she will make a statement on the matter. [23380/09]

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

Ambulance Service.

James Reilly

Ceist:

20 Deputy James Reilly asked the Minister for Health and Children the amount the national ambulance office has spent on procurement in each of the past three years; and if she will make a statement on the matter. [23402/09]

James Reilly

Ceist:

23 Deputy James Reilly asked the Minister for Health and Children the details of the Health Service Executive audit of spending in its national ambulance office; the scope of this audit; the reason it was instigated; the person who is responsible for it; when it will be completed; and if she will make a statement on the matter. [23408/09]

I propose to take Questions Nos. 20 and 23 together.

As these are service matters, they have been referred to the HSE for direct reply.

Health Service Allowances.

Sean Sherlock

Ceist:

21 Deputy Seán Sherlock asked the Minister for Health and Children if she will expedite a decision on an application for the backdating of a domiciliary care allowance payment to a person (details supplied) in County Cork; and if she will make a statement on the matter. [23405/09]

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 Aids and Appliances.

Sean Sherlock

Ceist:

22 Deputy Seán Sherlock asked the Minister for Health and Children if she will expedite the provision of a wheelchair to a hospital (details supplied) in County Cork; and if she will make a statement on the matter. [23406/09]

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

Question No. 23 answered with Question No. 20.

Food Safety Authority.

Denis Naughten

Ceist:

24 Deputy Denis Naughten asked the Minister for Health and Children when the Food Safety Authority of Ireland will furnish funding to Roscommon County Council for the inspection of abattoirs; and if she will make a statement on the matter. [23409/09]

Local Authority Veterinary Inspectors are responsible for the inspection of abattoirs. These Veterinary Inspectors are employed by County Councils and their food safety activities are funded by the Food Safety Authority of Ireland (FSAI). The FSAI determines the amount to be paid for this service each year and each Council submits claims to the FSAI for this payment at the end of each quarter. I am informed by the FSAI that all valid claims received by the FSAI from Roscommon County Council have been paid. At this time, no claims in relation to quarter one of 2009 have been received by the FSAI. As soon as these claims are submitted to the FSAI and validated, they will be paid.

Nursing Home Subventions.

Denis Naughten

Ceist:

25 Deputy Denis Naughten asked the Minister for Health and Children the steps she is taking to address the situation whereby County Roscommon is the only county which is not providing enhanced nursing home subvention to hardship cases; and if she will make a statement on the matter. [23418/09]

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

Medical Cards.

Michael Ring

Ceist:

26 Deputy Michael Ring asked the Minister for Health and Children when an application for an over 70s medical card in respect of persons (details supplied) in County Mayo will be processed. [23427/09]

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

Hospital Services.

Brian Hayes

Ceist:

27 Deputy Brian Hayes asked the Minister for Health and Children the reason Tallaght Hospital, Dublin, is losing breast cancer specialised services and patients are being referred to different hospitals; and if she will make a statement on the matter. [23429/09]

Under the National Cancer Control Programme (NCCP), there are four managed cancer control networks and eight cancer centres. These centres were designated by the HSE following a recommendation from the Advisory Group set up under the NCCP. The designation of cancer centres aims to ensure that patients receive the highest quality care while at the same time allowing local access to services, where appropriate. As Deputy Hayes will be aware, it is within this framework that the progressive transfer of cancer diagnostic and surgical services from Tallaght and other non-designated hospitals to the designated centres is taking place. Symptomatic breast disease services are the first to be transferred to the eight centres.

The Health Service Executive (HSE) has designated St. James's Hospital and St. Vincent's University Hospital as the two cancer centres in the Managed Cancer Control Network for the HSE Dublin Mid-Leinster region. The general catchment area for Tallaght Hospital incorporates both St Vincent's University Hospital and St James's Hospital, and the transfer of services from Tallaght will take place in a coordinated way to these two designated centres. The resources that will be transferred have been identified and the designated centres have completed a capacity equipping plan that ensures they are able to receive additional referrals from GPs in the Tallaght catchment area. Only initial diagnosis and surgery are transferring from Tallaght. Medical oncology services will continue to be provided at Tallaght as part of a regional network of medical oncology for the Dublin-Mid Leinster area. The oncology day ward opened by me in June 2006 will continue to operate.

Parliamentary Questions.

Caoimhghín Ó Caoláin

Ceist:

28 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when a reply will issue from the Health Service Executive to Parliamentary Question No. 269 of 6 May 2009. [23440/09]

My Department has made inquiries of the Health Service Executive (HSE) regarding the status of its reply to the Deputy's Parliamentary Question No. 269 of 6th May 2009 and the Executive reports that a reply issued to the Deputy on 15th May 2009 in this matter. My Department has asked the Parliamentary Affairs Division of the HSE to arrange for the reply to be re-issued to the Deputy.

Caoimhghín Ó Caoláin

Ceist:

29 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the reason for the continuing failure of the Health Service Executive to reply to Parliamentary Question No. 113 of 7 April 2009, which according to Parliamentary Question No. 249 of 12 May 2009 was due to issue. [23442/09]

My Department has made inquiries of the Health Service Executive (HSE) regarding the status of its reply to the Deputy's Parliamentary Questions No. 113 of 7th April 2009 and No. 249 of 12th May 2009. The Executive reports that a reply issued to the Deputy on 14th May 2009 in this matter. My Department has asked the Parliamentary Affairs Division of the HSE to arrange for the reply to be re-issued to the Deputy.

Departmental Reports.

Thomas P. Broughan

Ceist:

30 Deputy Thomas P. Broughan asked the Minister for Transport if he will implement the recommendations of the Deloitte report; if so, the timeframe for the implementation of the report’s recommendations; and if he will make a statement on the matter. [23420/09]

Both Bus Átha Cliath and Bus Éireann have commenced work on the implementation of the Deloitte report's recommendations. Furthermore, implementation of recommendations in the report relating to bus priority, integrated ticketing, demand management measures, bus licensing and the move to PSO contracts are already being pursued by my Department, in conjunction with Bus Éireann, Dublin Bus, the relevant local authorities and the DTO, as appropriate.

Rail Services.

Thomas P. Broughan

Ceist:

31 Deputy Thomas P. Broughan asked the Minister for Transport if he will bring forward a new national rail strategy to encourage the provision of passenger and freight rail services; and if he will make a statement on the matter. [23421/09]

The Transport 21 capital investment programme for rail is the strategy for the development of our rail network. Under this programme, Iarnród Éireann have already delivered and are continuing to deliver projects to significantly increase the frequency and capacity of rail services throughout the State. These include:

A new fleet of trains including new Intercity trains on all lines, and many more Commuter and DART railcars allowing service expansion on these routes

Infrastructure expansion, with projects such as the Kildare Route Project and Dublin area resignalling expanding the capacity of the existing network

The reopening of former railway lines, including Clonsilla-Navan, Cork-Midleton and the Western Rail Corridor

The DART Underground Project, which is the most significant rail project under Transport 21 which will deliver major capacity increases and the integration of the suburban rail network.

These projects will enable Iarnród Éireann to deliver an increase in rail passenger journeys from 44 million per annum currently, to over 100 million on completion of the Transport 21 programme.

In terms of the rail freight business, Iarnród Éireann is committed to delivering a commercially strong freight operation, with expansion in certain existing traffics, and the introduction of further new flows to be confirmed in the near future. I also propose to establish a forum on the movement of goods, as set out in the Smarter Travel policy paper. The forum will address both economic competitiveness and environmental sustainability matters associated with the movement of goods by air, sea, rail and road. The realistic potential for rail freight and its role within an integrated freight transport strategy will be among the matters explored by theforum.

Air Accident Investigations.

Finian McGrath

Ceist:

32 Deputy Finian McGrath asked the Minister for Transport if he will support a matter (details supplied). [23426/09]

On 21 April 2009, following consultation with all interested parties, the Air Accident Investigation Unit (AAIU) of the Department of Transport published a Synoptic Final Report into a Serious Incident concerning an MD-83 aircraft near Dublin Airport on 16 August 2007. The investigation of this serious incident was conducted in accordance with the Annex 13 provisions to the Convention on International Civil Aviation, Aircraft Accident and Incident Investigation. Consequently, the AAIU is satisfied that all significant factors relating to the occurrence were addressed in the report. The warning system referred to by the Deputy's correspondence was in fact considered by the Investigation and was not a factor in the occurrence. I am advised that the AAIU responded to the correspondent within 24 hours of his initial query and will respond further to him in writing when required information becomes available.

Ministerial Appointments.

Pat Rabbitte

Ceist:

33 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform when the legal services ombudsman will be appointed; and if he will make a statement on the matter. [23403/09]

The position remains, as indicated in my response to Questions No. 532 and 549 of 24 March 2009, that the necessary arrangements are being made to facilitate the appointment of a Legal Service Ombudsman. The intention is to make the appointment as soon as possible.

Sexual Offences.

Finian McGrath

Ceist:

34 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if the Carrigan commission in 1930 drew attention to the increase in recorded sexual abuse; and the reason action was not taken by his Department at that time. [23407/09]

The Carrigan Committee, established in 1930, considered whether criminal law then in force relating to sexual offences was adequate or required modification. As part of its deliberations it considered the level of sexual abuse, but did not specifically consider residential institutions. Its report was completed in 1931, but was not published. The report ultimately led to enactment of the Criminal Law Amendment Act of 1935, which strengthened the relevant law, particularly as regards the protection of young girls and against prostitution and brothels.

The Government has accepted all the recommendations of the Commission to Inquire into Child Abuse, including the recommendation that it admit that abuse of children occurred because of the failures of systems and policy, of management and administration and of senior personnel who were concerned with industrial and reformatory schools. The Government is committed to the full implementation of the recommendations, and the Minister for Children and Youth Affairs is developing a plan for their implementation. Criminal investigations are continuing in respect of a significant number of people, and an Assistant Garda Commissioner has been appointed to examine the totality of the report in relation to other possible criminal proceedings.

Criminal Assets.

Thomas P. Broughan

Ceist:

35 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the value of assets seized by the Criminal Assets Bureau in 2005, 2006, 2007, 2008 and to date in 2009; and if he will make a statement on the matter. [23422/09]

I refer the Deputy to my reply to Parliamentary Question number 63 of 27 May, 2009.

Garda Operations.

Thomas P. Broughan

Ceist:

36 Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if he will report on Operation Archer; the number of persons arrested and charged to date under Operation Archer; the number of gardaí involved; the cost of the operation to date; and if he will make a statement on the matter. [23423/09]

I am informed by the Garda authorities that, following an analysis of crime trends in Finglas Garda sub-district, local Garda management commenced Operation Archer in August 2008 to prevent and detect crime, by restricting and disrupting the movement of criminals in the Finglas South area using overt and covert policing. Garda personnel from Finglas Garda Station are supported by District and Divisional uniformed and plain-clothes personnel, supplemented as necessary by armed and other specialist units from the Special Detective Unit, the Organised Crime Unit, the Emergency Response Unit and National Support Services. Additional armed detective patrols are also provided at certain times.

I am further informed that to date there have been 1,094 incidents recorded related to Operation Archer, including 509 searches and 259 traffic-related incidents. The provision of details of arrests and costs would require a disproportionate use of Garda resources. Local Garda management is satisfied with the results of Operation Archer to date and keeps the situation under ongoing review.

Passport Applications.

Bobby Aylward

Ceist:

37 Deputy Bobby Aylward asked the Minister for Foreign Affairs the reason a person (details supplied) in County Kilkenny was refused their application for an Irish passport in May 2008; and if he will make a statement on the matter. [23414/09]

At the outset, it might be helpful to explain that in line with international requirements my Department has included, since October 2006, a biometric feature in passports. This feature, which is stored on a microchip in the passport, uses facial characteristics generated from photographs submitted with passport applications. In order to meet international standards, it is necessary to use high quality photographs. Details of the requirements for passport photographs are set out in guidelines supplied with each application form.

In this case, the applicant applied for a passport on 8 April, 2008. The documents submitted with his application established that he was an Irish citizen and thus entitled to an Irish passport. However, a passport could not be issued to him because the submitted photographs did not meet the required standard. The Department wrote to him on 15 April, 2008 to explain that the submitted photographs could not be accepted because he was positioned too close to the camera when his photographs were taken. The placement of his head in the photographs made it impossible to capture his correct biometric details which are necessary to allow for the issue of his passport. The letter requested the submission of a second set of photographs. The guidelines for passport photographs were enclosed with that letter.

A second set of photographs was received on 21 April, 2008. Unfortunately, these did not meet the required standard either. On 22 April, 2008 the Department wrote to the applicant, explaining again the problem with his photographs, and requesting the submission of another set of photographs. No further photographs were received. Instead, the applicant contacted the Department on 14 July, 2008 and requested the cancellation of his application. This was done and his passport fee was refunded to him on 21 July, 2008. It is open to the applicant to submit another application. My Department will ensure the prompt issue of a passport to him on receipt of a properly completed passport application form, suitable photographs and the payment of the relevant passport fee.

Sports Capital Programme.

Denis Naughten

Ceist:

38 Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism if he will confirm that a grant is still available to a club (details supplied) in County Roscommon; and if he will make a statement on the matter. [23367/09]

The allocation in question which was made in 2005 remains available subject to compliance with the terms and conditions of the Sports Capital Programme. Allocations cannot be held over indefinitely and, under the Guidelines, Terms and Conditions of the programme, a "sunset clause" provision exists whereby my Department can fully or partially withdraw grants in the absence of satisfactory progress being made by the grantee, for any reason, in drawing down the grant. The grantee in question should provide regular updates to my Department on the grant assisted project. Where my Department is of the view that satisfactory progress is not being made, the allocation may be considered for withdrawal.

Security of the Elderly.

Michael Creed

Ceist:

39 Deputy Michael Creed asked the Minister for Community, Rural and Gaeltacht Affairs if funding is available in respect of an application by a person (details supplied) in County Cork in respect of a socially monitored alarm; and if he will make a statement on the matter. [23415/09]

The Deputy will be aware that the Scheme of Community Support for Older People was suspended on 7th April 2009 with a view to affording my Department the opportunity to review the Scheme's operation and address concerns raised in respect of same. Although, applications received prior to the suspension of the Scheme are being processed and approved in accordance with current eligibility criteria, applications received after this date are being returned to the respective community groups pending relaunch of the Scheme in mid-September. My officials have been in contact with the appropriate community groups in Co. Cork and have been informed that an application has not been submitted to the Department on behalf of the individual in question. As the Scheme is suspended the Department is not in a position to accept applications until the Scheme is relaunched later this year.

Social Welfare Benefits.

Ciaran Lynch

Ceist:

40 Deputy Ciarán Lynch asked the Minister for Social and Family Affairs when a person (details supplied) in County Cork can expect to receive payment; and if she will make a statement on the matter. [23381/09]

The person concerned was put on a reduced working week and claimed jobseeker's benefit. A decision will be made on his claim within the next week and he will be notified of the outcome.

Michael Ring

Ceist:

41 Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded jobseeker’s benefit. [23383/09]

Michael Ring

Ceist:

42 Deputy Michael Ring asked the Minister for Social and Family Affairs if a person (details supplied) in County Mayo will qualify for the back to education allowance. [23384/09]

I propose to take Questions Nos. 41 and 42 together.

The person concerned has been awarded jobseeker's benefit at the maximum weekly rate of €204.30 with effect from 1 June, 2009. His first payment issued to him on 8 June 2009. The person concerned has not applied for a back to education allowance payment. However, it is open to him to do so and a form for this purpose has been issued to him.

Social Welfare Offices.

Joanna Tuffy

Ceist:

43 Deputy Joanna Tuffy asked the Minister for Social and Family Affairs the reason for the delay in finalising the lease on accommodation in an area (details supplied) in County Dublin for the temporary social welfare office; and if, in view of the increased numbers on the live register for the area, she will give the matter the priority it deserves. [23419/09]

I understand that the Chief State Solicitor's Office has confirmed to the Office of Public Works (OPW) that the lease on the premises in question will be executed on or before next Friday, 12th June. Negotiations on the lease were protracted as this is a subletting arrangement and there are two firms of solicitors involved in the transaction. The OPW has been asked to make every effort to expedite the fit out of the premises in order that it can be opened for business at the earliest opportunity.

Social Welfare Benefits.

Finian McGrath

Ceist:

44 Deputy Finian McGrath asked the Minister for Social and Family Affairs if she will support a person (details supplied) in Dublin 9. [23425/09]

The supplementary welfare allowance scheme provides for a supplement to be paid in respect of mortgage interest to any person in the State whose means are insufficient to meet their needs. The scheme is administered by the community welfare division of the Health Service Executive on behalf of the Department. The purpose of mortgage interest supplement is to provide short term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only.

Mortgage interest supplement is normally calculated to ensure that a person, after the payment of mortgage interest, has an income equal to the rate of supplementary welfare allowance appropriate to their family circumstances, less a minimum weekly contribution of €24, which recipients are required to pay from their own resources. Many recipients pay more than €24 because they are required, subject to certain income disregards, to contribute any additional assessable means that they have, over and above the appropriate supplementary welfare allowance rate, towards their accommodation costs.

Under social welfare legislation, a person is not entitled to a mortgage interest supplement where that person or his/her spouse is engaged in remunerative full-time work i.e. working 30 hours a week or more. The Executive has advised that there is no record of an application for mortgage interest supplement from the person concerned. If he wishes to make an application for such a supplement then he should contact the community welfare officer at his local Health Centre.

The person concerned is receiving jobseeker's benefit at the maximum weekly rate of payment. If he requires further information on his entitlement to job seeker's benefit or other benefits that he may be entitled to, he should contact his Social Welfare Local Office. Each Local Office has officers who are dedicated to providing information and are available to explain supports and services to people. The Department also operates a LoCall information line (1890 66 22 44) which people may call for information and guidance on their entitlements and information is available on the Department's website www.welfare.ie and the website of the Citizens Information Service at www.citizensinformation.ie.

Olwyn Enright

Ceist:

45 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the breakdown of claimants eligible for free schemes by category; and if she will make a statement on the matter. [23428/09]

A breakdown of the customers benefiting from the household benefits and free travel schemes by payment type for the last five years is set out in the tables.

Type of Payment 2004

Electricity Allowance

Television Licence Allowance

Telephone Allowance

Gas Allowance

Free Travel

State Pension (Contributory)

52,217

52,217

56,076

5,831

92,097

State Pension (Non Contributory)

43,904

43,904

42,996

1,020

83,538

State Pension (Transitional)

51,028

51,028

54,097

6,133

81,296

Widow/er’s Pension (Contributory)

49,204

49,204

53,196

4,949

66,298

Widower’s Pension (Non-Contributory)

9,609

9,609

9,659

233

12,976

Invalidity Pension

18,837

18,837

18,098

1,884

47,811

Deserted Wife’s Allowance

331

331

352

29

537

Deserted Wife’s Benefit

481

481

561

89

839

One Parent Family Payment

69

69

56

7

432

Occupational Injury Benefit

243

243

266

30

304

Free Fuel

1,788

1,788

1,786

27

1,720

Blind Pension

681

681

651

34

1,916

No Active Pension

23,185

23,185

27,968

2,412

121,431

Carer’s Allowance

9,495

9,495

10,342

695

21,940

Disability Allowance

19,516

19,516

16,359

1,210

81,969

British Pension

3,294

3,294

4,316

138

5,203

Others

1,298

1,298

1,188

96

4,038

Total

285,180(1)

311,134

297,967

24,817

624,345

(1)Does not include 2,433 Group Account Electricity customers.

Type of Payment 2005

Electricity Allowance

Television Licence Allowance

Telephone Allowance

Gas Allowance

Free Travel

State Pension (Contributory)

53,512

59,595

57,940

6,083

94,571

State Pension (Non Contributory)

45,515

45,515

43,764

1,123

82,917

State Pension (Transitional)

52,374

58,893

56,050

6,519

82,895

Widow/er’s Pension (Contributory)

42,469

58,161

57,205

5,692

69,581

Widower’s Pension (Non-Contributory)

9,508

9,757

9,590

249

12,551

Invalidity Pension

20,299

22,444

19,706

2,145

50,971

Deserted Wife’s Allowance

347

382

376

35

556

Deserted Wife’s Benefit

527

630

608

103

925

One Parent Family Payment

39

40

34

1

132

Occupational Injury Benefit

256

284

279

28

319

Free Fuel

1,574

1,596

1,580

22

1,503

Blind Pension

695

729

672

34

1,878

No Active Pension

23,741

26,168

28,618

2,427

120,089

Carer’s Allowance

10,912

11,712

11,564

800

23,758

Disability Allowance

21,483

22,943

17,841

1,460

88,098

British Pension

3,004

3,134

4,044

130

5,132

Others

1,176

1,273

1,482

97

3,961

Total

296,308(1)

323,256

311,353

26,948

639,657

(1)Does not include 2,610 Group Account electricity customers.

Type of Payment 2006

Electricity Allowance

Television Licence Allowance

Telephone Allowance

Gas Allowance

Free Travel

State Pension (Contributory)

54,305

54,305

59,040

6,247

95,610

State Pension (Non Contributory)

54,722

54,722

53,575

1,573

95,685

State Pension (Transitional)

52,862

52,862

56,783

6,736

83,650

Widow/er’s Pension (Contributory)

53,424

53,424

58,485

6,192

70,385

Widower’s Pension (Non-Contributory)

244

244

227

15

195

Invalidity Pension

16,795

16,795

15,635

1,764

45,768

Deserted Wife’s Allowance

10

10

7

1

24

Deserted Wife’s Benefit

579

579

675

133

1,009

One Parent Family Payment

41

41

21

3

75

Occupational Injury Benefit

258

258

289

35

322

Free Fuel

1,544

1,544

1,535

21

1,448

Blind Pension

444

444

427

31

1,375

No Active Pension

35,005

35,006

37,339

4,127

119,985

Carer’s Allowance

12,236

12,236

12,356

999

25,984

Disability Allowance

23,475

23,475

17,652

1,735

92,337

British Pension

2,479

2,508

3,457

112

4,664

Others

1,027

1,027

1,265

86

2,799

Total

309,450

309,450

318,828

29,810

641,315

Type of Payment 2007

Electricity Allowance

Television Licence Allowance

Telephone Allowance

Gas Allowance

Free Travel

State Pension (Contributory)

119,239

136,125

129,019

15,548

198,634

State Pension (Non Contributory)

55,256

58,263

53,989

1,758

96,486

State Pension (Transitional)

89

107

104

17

199

Widow/er’s Pension (Contributory)

54,484

61,793

59,657

6,674

71,790

Widower’s Pension (Non-Contributory)

244

252

245

7

182

Invalidity Pension

17,933

20,076

17,372

1,960

48,161

Deserted Wife’s Allowance

20

23

21

3

26

Deserted Wife’s Benefit

706

888

831

178

1,220

One Parent Family Payment

140

173

167

28

379

Occupational Injury Benefit

289

328

320

63

357

Free Fuel

1,577

1,611

1,543

78

1,490

Blind Pension

522

569

500

43

1,420

No Active Pension

23,649

25,799

13,871

2,044

97,994

Carer’s Allowance

15,008

16,640

15,627

1,437

31,591

Disability Allowance

27,045

29,686

22,378

2,089

86,744

British/E.U/Bilateral Pension

28

539

528

5

Nil

Others

495

545

457

156

639

Total

316,724

353,417

316,629(1)

32,088

637,312

(1)Does not include 10,707 customers in receipt of Mobile Phone Allowance.

Type of Payment 2008

Electricity Allowance

Television Licence Allowance

Telephone Allowance

Gas Allowance

Free Travel

State Pension (Contributory)

124,443

142,782

136,730

17,109

209,443

State Pension (Transition)

154

172

157

16

479

Other*

206,718

229,198

215,037

19,141

454,845

Totals

331,315

372,152

351,924

36,266

664,767

*A comprehensive breakdown by scheme type is not readily available for these customers.

Social Welfare Code.

Brian O'Shea

Ceist:

46 Deputy Brian O’Shea asked the Minister for Social and Family Affairs her proposals in regard to the guidelines used by her Department in policy documents to prescribe disabilities (details supplied); and if she will make a statement on the matter. [23432/09]

The issue raised by the Deputy relates to the medical qualifying conditions associated with social welfare schemes and in particular the position of people within the deaf community as regards entitlement to Disability Allowance. Disability Allowance is a weekly payment made to persons who are substantially restricted by reason of their disability in undertaking work which would otherwise be suitable having regard to the person's age, experience and qualifications and whose means are insufficient to meet their own needs and those of their dependents.

The position is that, while the circumstances of individuals will vary and each application for Disability Allowance will be treated on its own merits, deafness or hearing impairment does not of itself constitute a condition which would automatically satisfy the medical qualifying conditions associated with the scheme.

Social Welfare Benefits.

Michael Ring

Ceist:

47 Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Galway will be approved and awarded farm assist. [23434/09]

The person concerned applied for farm assist on 21 May 2009. His claim is currently with a Social Welfare Inspector who will examine his case as soon as possible. On completion of enquiries a decision will be made and he will be notified of the outcome. Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Pension Provisions.

Bernard J. Durkan

Ceist:

48 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she will award contributory old age pension credits to carers who have provided care for ten years or more; and if she will make a statement on the matter. [23448/09]

Bernard J. Durkan

Ceist:

51 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the position regarding the qualification for retirement or old age pension for persons who gave up work to care for a person with special needs with particular reference to the allocation of credit contributions for the period of care; and if she will make a statement on the matter. [23451/09]

I propose to take Questions Nos. 48 and 51 together.

In order to qualify for the maximum rate of the state pension (contributory) a person must, amongst other qualifying conditions, achieve a yearly average of at least 48 contributions paid or credited on his/her social insurance record over their working life. Reduced pensions are paid to those with yearly averages as low as 10 contributions. The contributory pension entitlements of those who leave employment to care for children or incapacitated people can be protected in a number of ways. People who qualify for payments such as carer's allowance or carer's benefit may, subject to conditions, qualify for credited contributions.

If a person does not qualify for credits through the carer's allowance or benefit schemes they may be able to avail of the homemaker's scheme. This was introduced from 1994 and allows up to 20 years spent caring for children or incapacitated adults to be disregarded when a person's social insurance record is being averaged for pension purposes. Any person, including a carer, may pay voluntary contributions once they satisfy certain qualifying conditions. A person may choose to pay voluntary contributions, provided they are no longer covered by a PRSI scheme on a compulsory basis in this country or on a compulsory or voluntary basis in any other EU country. Voluntary contributions provide cover for long-term benefits, such as pensions.

To become a voluntary contributor a person must have paid at least 260 PRSI contributions in either employment or self-employment and apply within 12 months of the end of the contribution year during which they last paid compulsory insurance or were last awarded a credited contribution. The person must agree to pay voluntary contributions from the start of the contribution week that follows the week in which they left compulsory insurance. From June 2006, the number of hours a person can engage in employment, self employment, education or training outside the home and still be eligible for carer's allowance, carer's benefit and the respite care grant was increased from 10 to 15 hours per week. Where a carer remains in employment he or she will continue to pay the appropriate social insurance contribution.

Overall, I am satisfied that adequate arrangements are in place to protect the pension entitlements of people who leave employment to provide full-time care. There are, of course, people caring who cannot benefit from these measures. The position of these, and others who are at present not receiving support through the social welfare pension system, is discussed in the Green Paper on Pensions and decisions in relation to them will be made in the context of the framework for future pensions policy which I expect will be published in the near future.

Social Welfare Code.

Bernard J. Durkan

Ceist:

49 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she will introduce further improvements in respect of the level of payments under family income supplement; and if she will make a statement on the matter. [23449/09]

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

Qualification for payment under this scheme requires that a person must be engaged in insurable employment for a minimum of 38 hours per fortnight or 19 hours per week. A couple may combine their hours of employment to meet the qualification criteria. FIS is calculated on the basis of 60% of the difference between the income limit for the family size and the assessable income of the person(s) raising the children. The combined income of the couple is taken into account. Improvements to FIS in recent years include the change of assessment from a gross income to a net income basis, the increase to €20 per week in the minimum payment and, the re-focusing of income thresholds to include additional gains for larger families.

An integral part of the scheme is that once the level of FIS payments is determined, it continues to be payable at that level for a period of 52 weeks provided that the person remains in employment. Budget 2009 provided for an increase in the income limits for FIS by €10 a week in respect of each child. These new thresholds gave increases ranging from €6 to €48 per week depending on the family size, from January 2009. These increases will preserve the incentive for employees on low earnings with families to move into or remain in employment. Any further improvements in the level of payments under FIS would only be considered in a budgetary context.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

50 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of persons currently on disability allowance; the number who have been disallowed in the past four years; and if she will make a statement on the matter. [23450/09]

Disability Allowance is a weekly Allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test. There were 97,652 persons in receipt of Disability Allowance at the end of May 2009. A total of 27,639 applicants were disallowed Disability Allowance over the last four years 2005 to 2008.

Question No. 51 answered with Question No. 48.

Bernard J. Durkan

Ceist:

52 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs the number of applications for invalidity pension rejected in the past 12 months on the grounds of insufficient insurance contributions; and if she will make a statement on the matter. [23452/09]

In the past 12 month period a total of 422 Invalidity Pension applications were refused on the grounds of insufficient insurance contributions. The PRSI contribution conditions for Invalidity Pension require that the claimant must have a total of 260 contributions paid at the appropriate rate (class A, E or H) since entry into insurable employment and 48 paid or credited contributions in the governing contribution year, which currently is the 2008 tax year. Where a claimant has no reckonable contributions paid or credited for two consecutive years, he/she is not entitled to the payment of Invalidity Pension until 26 qualifying contributions have subsequently been paid.

If a person does not satisfy the PRSI conditions for Invalidity Pension based solely on their Irish social insurance record and they have worked in another country covered by EU regulations, periods of insurable employment in that country can be taken into account to help satisfy the qualifying conditions. Periods of insurance in a country with which Ireland has a Bilateral Social Security Agreement can also be taken into account to help qualify for an Invalidity Pension.

Bernard J. Durkan

Ceist:

53 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she will ensure adequate funding to meet the requirements of carers in 2009; and if she will make a statement on the matter. [23453/09]

In Budget 2009, I increased the rate of carer's allowance for those aged 66 or over by €7 to €239 per week and for those aged under 66 by €6.50 to €220.50 per week. These increases took effect from January 2009. Recipients of carer's allowance are also eligible for household benefits and free travel and the respite care grant. Income support schemes administered by the Department are demand driven and are allocated on the basis of qualifying criteria. If a person meets the criteria for a scheme, including those schemes that provide income support to carers, they will receive a payment. The Department estimates that combined expenditure on carer's allowance, carer's benefit, the respite care grant and half-rate carers will be €650 million in 2009.

International Agreements.

Bernard J. Durkan

Ceist:

54 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she has made overtures to countries with which Ireland has a bilateral agreement with a view to speeding up the process of applications; and if she will make a statement on the matter. [23454/09]

The Department currently has bilateral social security agreements with 9 countries:- Australia, Austria, Canada, The United Kingdom, New Zealand, The United States of America, Switzerland, Quebec and Korea. Liaison procedures to ensure the secure transfer of personal data have been established with each country, and are kept under constant review. Regular contact is maintained by the Department with each agency to ensure the timely and accurate provision of the required information. The processing time for claims that fall to be examined under bilateral agreements can be longer than that for standard Irish entitlements, reflecting the added complexity that arises in determining entitlements under these agreements, and the necessity to obtain the relevant insurance details from overseas social security institutions.

Delays in processing applications can occur where a person has had a varied employment history in a number of countries over their working life, and this can lead to some difficulties in completing their full insurance record. Where particular delays occur in the exchange of information, every effort is made to minimise such delays, having regard to the need to ensure that people receive their full and correct entitlements. It is important to note that there is no financial loss to the pensioner as payments are made from the due entitlement date. Overall, I am satisfied that the current arrangements and procedures are working effectively and efficiently.

Social Welfare Code.

Bernard J. Durkan

Ceist:

55 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she will ease qualification requirements for back to education allowance in view of the current economic situation; and if she will make a statement on the matter. [23455/09]

Since its introduction, the underlying objective of the back to education allowance (BTEA) scheme has been to equip people on social welfare payments with qualifications that will enable them to obtain employment in the labour market. It is a second chance educational opportunities scheme for people on welfare payments who wish to participate in full time education and who would not otherwise be able to do so. Improvements to the scheme were announced in the recent supplementary budget. The qualifying period has been reduced to three months for access to the second level option. Also, jobseekers who engage with the Department's facilitator programme can access the third level option at nine months on the recommendation of a facilitator.

In general, to qualify for participation, an applicant must be at least 21 years of age prior to commencing an approved course of study. However, lone parents and recipients of jobseekers' payments who are out of formal education for at least 2 years can qualify at 18 years of age. In addition, an applicant must be in receipt of a relevant social welfare payment for 3 months if pursuing a second level course or 12 months if pursuing a third level course. In response to the current economic circumstances, the qualifying period for the third level option is reduced to 9 months for those who are participating in the National Employment Action Plan process or engaging with a departmental facilitator. Also, people who are awarded statutory redundancy may access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study.

The requirement to be in receipt of a social welfare payment for a minimum period has always been a feature of the scheme. A waiting period is considered essential to confer entitlement to income support for an indefinite period and is considered necessary in the context of targeting scarce resources at those who need it most. The back to education allowance has an important role to play in enhancing the employability skills of jobseekers and the qualifying conditions of the scheme will continue to be monitored in the context of the objectives of the scheme and changes in the economic climate.

Bernard J. Durkan

Ceist:

56 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she will put in place procedures to speed up the process of applications for unemployment assistance with particular reference to the need to alleviate hardship, anxiety and stress caused by delays; and if she will make a statement on the matter. [23460/09]

The Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are made as expeditiously as possible. The staff and other resources available to the Department are regularly reviewed having regard to the workload arising and other competing demands. The average processing time for claims processed in May was 3.68 weeks for jobseekers benefit and 6.35 weeks for jobseekers allowance.

During the period May to December 2008 an additional 158 staff were assigned to local offices to deal with the increased volume of claims. Also 32 additional temporary staff were recruited with effect from 2 March 2009 to support the offices with a particularly high volume of claims awaiting a decision. In addition, 16 Social Welfare Inspectors were allocated and 15 of these staff have been assigned to date, to various locations throughout the country to undertake means testing and other work associated with processing claims for the jobseekers allowance.

As many local offices are very close to capacity as regards accommodating further staff, the Department has established a number of central decision units around the country. Five such units have been set up in Dublin, Sligo, Finglas, Carrick-on-Shannon and Roscommon, which will comprise a total of 57 staff. Currently 49 of these staff are in place. Work has recently commenced on setting up further units in Tallaght and Wexford. Since early 2008 we have been examining all aspects of the work associated with the processing of claims and streamlining them wherever possible without, of course, compromising our scheme controls. Examples of process improvement initiatives introduced recently include:

A streamlined process for people who had a claim in the previous 2 years

Application forms for the jobseeker schemes are now available on the Department's website. This means that anyone who wants to make a claim can print the form at home and bring it to the local office completed. This helps reduce queuing times.

More straight-forward procedures for providing evidence of identity and address have been introduced

A more streamlined procedure for claimants moving to jobseekers allowance when their jobseekers benefit expires.

We have introduced an appointment system for taking claims in 16 offices and plan to extend this to other offices over the coming months.

The Deputy will be aware that anyone suffering hardship can apply for Supplementary Welfare Allowance. The supplementary welfare allowance scheme (SWA) is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE). SWA provides a safety net against poverty in that it gives a statutory entitlement to a minimum weekly income, based on criteria set out in legislation. The majority of SWA claims are processed within a matter of days. SWA payments are divided into two main categories:

those who have income needs that cannot be met from mainline social welfare payments, and

those awaiting a social welfare payment.

Rural Transport.

Bernard J. Durkan

Ceist:

57 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she will offer assistance to the development of rural transport in areas where public transport does not exist; and if she will make a statement on the matter. [23461/09]

The free travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators. The vast majority of private contractors providing services under the scheme operate in rural areas.

I am always willing to consider applications from licensed private transport operators who may wish to participate in the free travel scheme. However, while the Department pays transport providers to operate the free travel scheme, it is not in a position to provide transport services where none currently exist or to compel operators to participate in the scheme. The issue of access to public transport in rural areas is being addressed at present through the Rural Transport Initiative, which is being managed by Pobal, on behalf of my colleague the Minister for Transport. The Department of Social and Family Affairs contributes annual funding of €1.5 million to this initiative to ensure that free travel passholders continue to have access to community based transport services.

Social Welfare Benefits.

Willie Penrose

Ceist:

58 Deputy Willie Penrose asked the Minister for Social and Family Affairs the way the value of a second house which has been left to the spouse of a person who is seeking jobseeker’s allowance is valued and computed, in terms of capital values, in the context, where this house will be lived in by the family and they are giving their home place to a member of their family; and if she will make a statement on the matter. [23468/09]

Jobseeker's allowance is paid to unemployed persons who satisfy certain conditions set out in legislation that require among others, that the person is unemployed, is capable of work, is available for work and is genuinely seeking work. To qualify for jobseeker's allowance a person must also satisfy a means test. The means test for jobseeker's allowance involves an assessment of the person's means which includes any property they or their spouse/partner may own, apart from the family home.

Where a person owns a second property, any outstanding mortgage on this property is disregarded from the current market value of the property and the balance is assessable as follows. The first € 20,000 is disregarded and the next €10,000 is assessed as weekly means of €2 per 1,000, and the balance is assessed as weekly means of €4 per 1,000. Where a person moves to a new family home and transfers ownership of their former family home to a member of their family, the former family home is not assessable provided the Department is satisfied that the property was not disposed of in order to qualify for a higher rate of payment.

Building Energy Rating.

Liz McManus

Ceist:

59 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government if, in relation to building energy rating certificates, his attention has been drawn to the fact that law agents are not involved in the majority of commercial lettings and that this is the area that is lacking in compliance; if he will ensure that Sustainable Energy Ireland and local building control authorities are more proactive in auditing property owners and their agents for BER compliance when selling and leasing property; the number of BER contractors listed; if his attention has further been drawn to the fact that non-compliance of BER certificates will result in hardship for the many BER contractors; and if he will make a statement on the matter. [23368/09]

I refer to the reply to Question No. 343 of 19 May 2009, which comprehensively addressed the situation in relation to Building Energy Rating (BER) requirements and compliance in all categories of buildings other than dwellings i.e. sales and lettings of both new and existing buildings other than dwellings. I understand that 183 persons are currently registered with Sustainable Energy Ireland (SEI) as BER assessors for buildings other than dwellings and the number of BER certificates issued in respect of such buildings to date this year has risen to 891. My Department, in conjunction with the Department of Communications, Energy and Natural Resources, SEI and all building control authorities will continue to ensure that owners, landlords and agents of all categories of buildings are aware of their statutory obligations in relation to BER certificates, and act accordingly.

Planning Issues.

Richard Bruton

Ceist:

60 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the role he envisages for local authorities in dealing with developers who have failed to complete residential developments, or where serious defects are found which threaten the long-term sustainability of these developments, and their liability; and if he will make a statement on the matter. [23370/09]

Richard Bruton

Ceist:

63 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government his views on whether the system in which a bond is given by a developer to a local authority is sufficient to ensure a local authority will not have to use its financial resources to complete a development, in the event that the developer folds; and if he has developed policy to protect home owners who purchase dwellings which suffer from serious defects; and if he will make a statement on the matter. [23399/09]

I propose to take Questions Nos. 60 and 63 together.

Developers are required to build residential developments in accordance with the terms of the relevant planning permission and the requirements of the Buildings Regulations. Non-compliance with a planning permission or the Building Regulations is an offence and a developer who is not in compliance may be subject to enforcement action by the relevant local authority. Certification by a competent professional that a property is in compliance with the planning and building codes is required for conveyancing purposes. Also, the solicitor for a prospective purchaser will normally request that a survey be carried out by a competent professional before completing the conveyance of a residential unit.

I understand that most developers of residential estates are members of an insurance scheme which offers a time-limited protection to purchasers in respect of structural defects: it would be a matter for a prospective purchaser to ascertain whether the developer of the estate in question is a member of such a scheme.

In relation to bonds, my Department has advised planning authorities that it is essential that planning permissions for residential development are subject to a condition under which an acceptable security is provided by way of bond, cash deposit or otherwise so as to secure satisfactory completion. The amount of the security, and the terms on which it is required to be given, should enable a planning authority, without cost to itself, to complete the necessary services in a residential estate (including roads, footpaths, water mains, sewers, lighting and open space) to a satisfactory standard in the event of default by the developer.

The purpose of a bond is to ensure that the planning authority has access to sufficient funds to provide or complete requisite services in the event of default. However, it is not envisaged or intended that a local authority would actually engage in the construction or completion of housing units in an unfinished estate. My Department's advice in relation to bonds was most recently stated in the June 2007 Development Management Guidelines for Planning Authorities and in the February 2008 policy guidance in relation to the Taking in Charge of Estates. This guidance emphasised the desirability of imposing planning conditions in relation to phasing of larger residential developments to the effect that a developer must complete the provision of roads, public lighting, open spaces, etc. which are necessary for, or ancillary to, the completed residential units in a particular phase, before commencing the next phase of an overall development.

Housing Adaptation Grants.

Jack Wall

Ceist:

61 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government if a local authority (details supplied) has applied for further funding; and if he will make a statement on the matter. [23377/09]

€1,870,000 has been allocated to Kildare County Council in respect of the grant schemes concerned in 2009, an increase of almost 14% on the initial allocation of €1,642,680 in 2008. While the Council has advised my Department of its intention to request additional funding under the schemes in 2009, no formal application has been received to date. At this stage I do not envisage making further allocations to local authorities in respect of the operation of these schemes in 2009. However, I will review the funding position later in the year, in the event of under spending by local authorities of their allocations for the grant schemes or other allocations under the wider social housing investment programme.

Election Management System.

Mattie McGrath

Ceist:

62 Deputy Mattie McGrath asked the Minister for the Environment, Heritage and Local Government, further to Parliamentary Question No. 354 of 19 May 2009, the exact location in Clonmel, County Tipperary at which the electronic voting machines were stored in South Tipperary, before being moved to a central storage facility located at Gormanston Army Camp, County Meath. [23378/09]

The electronic voting machines for Tipperary (North and South) were stored at Unit 6, Gortnafleur Business Park, Gortnafleur Road, Clonmel, County Tipperary prior to their removal to the centralised storage facility at Gormanston Army Camp in 2007. Based on information provided to my Department by the returning officer, the owner of the storage premises at the time was Mr. Nicholas Delehanty.

Question No. 63 answered with Question No. 60.

Motor Taxation.

Thomas P. Broughan

Ceist:

64 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the amount of revenue generated through motor tax in each county in 2007, 2008 and to date in 2009; and if he will make a statement on the matter. [23424/09]

The amount of motor tax, which includes driving licence duties and other related charges, collected by each local authority and through the online motor tax service for the years 2007 to date in 2009 is set out in Table below.

2007

2008

2009 (to end May)

Carlow

10,809,172

11,466,519

5,000,926

Cavan

11,798,100

12,211,054

5,410,326

Clare

19,913,424

20,940,921

9,086,019

Cork

74,932,968

77,016,232

32,928,154

Donegal

26,196,446

27,392,402

12,414,026

Galway

37,255,683

39,100,195

17,056,314

Kerry

23,124,460

24,003,652

10,341,460

Kildare

26,123,729

26,736,199

11,070,049

Kilkenny

15,461,876

16,236,157

7,201,542

Laois

12,009,466

12,785,390

5,472,684

Leitrim

5,386,598

5,673,433

2,497,203

Limerick Co

22,360,620

22,920,947

10,013,199

Longford

6,642,905

7,046,160

3,231,019

Louth

16,553,568

17,544,242

7,886,871

Mayo

21,245,387

22,398,214

9,804,954

Meath

27,566,483

27,797,372

10,937,618

Monaghan

11,511,238

12,081,119

5,427,655

Offaly

12,098,956

12,609,361

5,352,785

Roscommon

11,273,022

10,745,562

5,348,495

Sligo

10,649,476

11,353,315

5,080,007

N.Tipperary

12,983,524

13,535,808

5,757,987

S.Tipperary

16,615,964

17,301,248

7,457,771

Waterford Co

11,222,445

11,963,712

5,241,916

Westmeath

14,370,754

15,389,595

6,841,571

Wexford

25,531,000

26,413,451

10,808,560

Wicklow

19,923,480

20,360,629

8,729,892

Dublin City

130,380,228

132,532,166

54,625,105

Limerick City

6,631,423

7,915,230

3,734,687

Waterford City

7,128,288

7,566,163

3,309,833

On-line

309,030,717

387,568,684

196,997,953

Total

956,731,400

1,058,605,132

485,066,581

Local Authority Mortgages.

Caoimhghín Ó Caoláin

Ceist:

65 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government when the European Central Bank interest rate cut of 0.25%, announced on 7 May 2009, will be passed on in full to local authority mortgage holders; and if he will make a statement on the matter. [23435/09]

As stated in replies to Questions Nos. 53 of 8 April and 223 of 13 May 2009, in general, following consideration by the Board of the Housing Finance Agency (HFA), the rates charged to local authority borrowers are normally adjusted in line with movements in European Central Bank (ECB) rates. However, given that the correlation between ECB rates and interbank rates (i.e. the rates at which the Agency itself borrows) is atypical and volatile at present, the Agency, in responding to movements in ECB rates, must give careful consideration, on each occasion, to the fluctuating relationship between its lending rates and the cost of funds.

I understand that the Board of the HFA is due to meet shortly and will consider the appropriate response to the most recent ECB rate change at that meeting. In the meantime, rates charged to local authority borrowers offer exceptional value by comparison to rates charged by commercial lenders, with the local authority rate currently running at over .85% lower than the market average variable rate. Historically, this differential has been narrower, with the rate charged to local authority borrowers more typically running at around .5% lower than the market average.

Grant Payments.

Michael Creed

Ceist:

66 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will receive payment under the farm waste management scheme; and if he will make a statement on the matter. [23411/09]

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.

Tom Hayes

Ceist:

67 Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food if the plans with the REP scheme application submitted by a person (details supplied) in County Tipperary have been investigated; and when payment will issue to the applicant. [23436/09]

Payment issued to the person named on 19 May 2009.

Schools Building Projects.

Charles Flanagan

Ceist:

68 Deputy Charles Flanagan asked the Minister for Education and Science the position regarding the provision of a new school at Nurney, County Kildare; and if he will make a statement on the matter. [23365/09]

I am pleased to inform the Deputy that the revised Stage 2B (Detailed Design) submission is currently being examined by the Department's Professional and Technical Unit. When this process is complete my Department will be in further contact with the Board of Management.

Teaching Qualifications.

Brian Hayes

Ceist:

69 Deputy Brian Hayes asked the Minister for Education and Science his plans to recognise and sanction a conversion course in respect of Montessori trained teachers who are currently teaching within the school system, in order that they can gain full recognition as primary teachers; and if he will make a statement on the matter. [23369/09]

As the Deputy may be aware, the recognition of teacher qualifications is now a matter for the Teaching Council, the body with responsibility for establishing and maintaining standards in the teaching profession. I understand that they are currently examining a submission for recognition for a new Montessori award and that this process is near completion. I have no plans to establish a conversion course at present.

Schools Building Projects.

Ruairí Quinn

Ceist:

70 Deputy Ruairí Quinn asked the Minister for Education and Science when a school (details supplied) in County Dublin will have its sketch design for a new school building approved; if his attention has been drawn to the fact that the school has been waiting for this building for ten years; and if he will make a statement on the matter. [23372/09]

The school to which the Deputy refers was included in my announcement in February of 43 major building projects to proceed to tender and construction. A stage submission (developed sketch design) for the project was recently considered by my Department and was returned to the design team in April with substantial comments which need to be addressed. My Department is now awaiting additional information from the design team relating to the current stage of the project and will revert to the school when this information has been received and considered.

Higher Education Grants.

Brendan Kenneally

Ceist:

71 Deputy Brendan Kenneally asked the Minister for Education and Science if a grant application for a person (details supplied) in County Cork will be reviewed; and if he will make a statement on the matter. [23401/09]

The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the Local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC.

Where an individual applicant has had an appeal turned down, in writing, by the assessing authority, and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the applicant to my Department. No appeal has been submitted to date in this case. My Department understands that the candidate referred to by the Deputy pursued a FETAC level 5 course for the academic year 2007/2008, and is currently pursuing a further course at FETAC level 5. Under the provisions of the PLC Scheme the candidate in question is ineligible to receive any funding for the current course as it does not offer progression from the course previously pursued.

Special Educational Needs.

Denis Naughten

Ceist:

72 Deputy Denis Naughten asked the Minister for Education and Science when a special needs assistant will be appointed for a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [23441/09]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and Special Needs Assistants (SNAs) to primary and post primary schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie. I have arranged for the information provided by the Deputy to be forwarded to the NCSE for their direct reply.

School Transport.

Frank Feighan

Ceist:

73 Deputy Frank Feighan asked the Minister for Education and Science if he will ensure a student (details supplied) in County Leitrim will be provided with school transport. [23463/09]

Under the terms of the School Transport Scheme for Children with Special Needs a child is eligible for transport if s/he is attending the nearest recognised: mainstream school, special class/special school or a unit, that is or can be resourced, to meet the child's special educational needs under Department of Education and Science criteria. The pupil referred to by the Deputy in the details supplied is not eligible for transport to the school in question as this school is not the nearest recognised special school or unit, that is or can be resourced, to meet the child's special educational needs under my Department's criteria.

School Accommodation.

Deirdre Clune

Ceist:

74 Deputy Deirdre Clune asked the Minister for Education and Science if a grant will be provided to a school (details supplied) in County Cork for a prefab and play facilities as previously indicated; and if he will make a statement on the matter. [23465/09]

The school recently confirmed to the Department that it was unlikely to reach the enrolment level envisaged when they made the original application for additional temporary accommodation. The related issue of the replacement of play area that would have been occupied by that additional temporary accommodation will not now arise. The Department is continuing to work with the school authority with regard to its accommodation requirements.

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