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Dáil Éireann díospóireacht -
Tuesday, 23 Jun 2009

Vol. 685 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].
Questions Nos. 1 to 5, inclusive, answered orally.
Questions Nos. 6 to 26, inclusive, resubmitted.
Questions Nos. 27 to 33, inclusive, answered orally.

Departmental Expenditure.

Willie Penrose

Ceist:

34 Deputy Willie Penrose asked the Minister for Defence the breakdown of the consumables costing €14.334 million which is to be spent under subhead G on defensive equipment in 2009; and if he will make a statement on the matter. [24707/09]

The Defence Forces are required to maintain sufficient stocks of ammunition for all weapon types currently in use, as well as other stocks of an explosive ordnance nature. This is to provide for operational training of all personnel and for specialised operational training prior to overseas deployment. In addition, the Defence Forces must maintain sufficient reserves of ammunition and explosives to allow for any contingent requirements.

The provision in 2009 for the acquisition of defensive equipment under Subhead G of the Defence Vote is €37 million, of which an amount of €14.47 million is designated for the acquisition of ammunition consumables. Given the nature of the ammunition business, there is a very considerable lead in time for the delivery of orders. In that respect, €10.38 million of the €14.47 million available this year is accounted for by ammunition orders placed in 2008 and which are due for delivery and payment in 2009. The breakdown of the main consumables covered in the provision of €14.47m is given in the form of a tabular statement, which I set out below.

Description

Value

Mortar Bombs

5,747,746

Rounds 30mm

2,562,911

Rounds 84mm

1,276,495

Rounds 7.62mm

959,850

Rounds 12.7mm

885,630

Rounds and Cartridges 105mm

650,280

Rounds 76mm

630,000

Rounds 20 × 139mm

480,850

Rounds 90mm

447,435

Miscellaneous

827,291

Total

14,468,488

Military Neutrality.

Pat Rabbitte

Ceist:

35 Deputy Pat Rabbitte asked the Minister for Defence the impact on the Defence Forces of the guarantee in regard to military neutrality obtained from the EU in relation to the Lisbon treaty; and if he will make a statement on the matter. [24710/09]

The provisions of the Lisbon Treaty in the security and defence area are fully consistent with Ireland's traditional policy of military neutrality. In particular, the existing safeguard that the Union's policy in this area "shall not prejudice the specific character of the security and defence policy of certain Member States" is maintained, along with the requirement for unanimity in relation to the launching of any mission.

The legal guarantee confirms that the Lisbon Treaty will have no impact on the Defence Forces. National security will continue to remain the sole responsibility of each member state. In addition, the Treaty will not have any impact on Ireland's traditional policy of military neutrality. Any decision by Ireland to participate in EU-led military crisis management operations will be for sovereign decision on a case-by-case basis and in line with Irish constitutional and legislative arrangements. The "triple lock" provisions requiring a Government decision, Dáil approval, and UN authorisation will continue to apply in relation to the overseas deployment of contingents of the Irish Defence Forces for service in peace support and crisis management operations.

The guarantee confirms that there is absolutely no provision in the Lisbon Treaty, or in any other EU treaties, which would facilitate the establishment of a European Army or the introduction of conscription to any military formation. The obligation to military service is strictly a matter of policy for individual member states, which in Ireland's case, is entirely voluntary and will remain so.

The guarantee clearly states that the European Union has no authority to determine how, where and in what manner we spend money on defence, or indeed how much we spend on defence. These are solely matters for individual decision by each Member State.

The guarantee also confirms Ireland cannot be obliged to participate in any common defence arrangement. Ireland's participation in such an arrangement would require the specific approval of the Irish people in a separate referendum. Regarding Mutual Assistance, whereby if a Member State is attacked it can ask for help, military or otherwise, from other EU Member States in accordance with Article 51 of the United Nations Charter, Ireland would retain the right to take its own sovereign decision on whether and how to come to another member state's assistance, taking account of our traditional policy of military neutrality.

Regarding the European Defence Agency and Permanent Structured Cooperation, it is a matter for each Member State to decide on the level of its participation in any such arrangement in accordance with its national constitutional and legislative provisions.

From an Irish perspective, the guarantees confirm that there is no provision in the Lisbon Treaty which impacts on Ireland's sovereign right to decide for itself all matters relating to defence and the Defence Forces.

Question No. 36 answered with Question No. 32.

Departmental Expenditure.

Eamon Gilmore

Ceist:

37 Deputy Eamon Gilmore asked the Minister for Defence the way the €30 million reduction in Defence spending announced in the 2009 budget will be achieved; the instances in which plans to acquire new equipment during 2009 will not proceed; and if he will make a statement on the matter. [24692/09]

As the Deputy is aware, there has been very significant investment in equipment and infrastructure in the Defence Forces over the past twelve years. The acquisition of new and replacement equipment for the Defence Forces remains a key focus for me as Minister for Defence. It is, however, imperative that my Department and the Defence Forces look to whatever efficiencies we can make, taking into account the current difficult economic environment and the overall financial envelope available for the Department for military equipment over the coming years.

We have been able to identify the areas from which a reduction in the order of €30m can be achieved:

The reduced costs of the Chad mission consequent on its changeover to a UN mission from March 2009 — approximately €10 million.

A deferment of certain building and refurbishment projects for the remainder of 2009 — saving approximately €6million on new building and €3million on refurbishment. In that regard, it should be noted that over €400 million has been spent on upgrading barracks, buildings and infrastructure across the Defence Forces since 1997.

Reduced fuel and utility costs — approx €2 million. It is hoped that these savings can be achieved through price reductions and energy efficiency;

The balance will be achieved by the implementation of economies across the entire Defence organisation, i.e . savings on pay and allowances and recruitment advertising etc.

Several important equipment purchases will be advanced in 2009 and 2010 including the acquisition of Light Tactical Armoured Vehicles, ¾ Ton 4 x 4 vehicles and two Heavy Recovery Vehicles for the Defence Forces. The Naval Service Vessel replacement programme will also be advanced this year.

The extensive equipment investment programme implemented over the past 10 years has positioned the Defence Forces well to deal with the reductions which have had to be made in defence expenditure given the resources now available. Whilst no major equipment programmes have been cancelled altogether, careful planning and monitoring of all funding will continue to ensure that any possible impact on operations is mitigated and that the procurement of essential replacement equipment is prioritised.

Child Care Services.

Phil Hogan

Ceist:

38 Deputy Phil Hogan asked the Minister for Defence if he has received the report on the provision of a crèche facility at the Curragh, County Kildare; and if he will make a statement on the matter. [24833/09]

The issue of workplace childcare has been addressed in recent National Wage Agreements under the Social Partnership heading. As the Deputy is aware, the Government is fully supportive of measures to improve childcare facilities.

A crèche however must be viable if it is to succeed. There must be sufficient demand and it must be capable of meeting ongoing running costs.

The Defence Forces Partnership Steering Group Report assesses the viability of a workplace childcare facility in the Curragh Camp for members of the Defence Forces and the Department of Defence.

The key issues covered in the Report were the demand for a crèche and the capital and current costs for developing and running a crèche. The Steering Group were not asked to make a recommendation as to whether the project should proceed.

The results of a staff survey undertaken as part of the Report indicate that there is likely to be a demand for a crèche in the Curragh. The capital cost of developing a 50-place facility in the Curragh was estimated as being in the region of €2.1 million. The likely running costs were not established as they would depend on the actual level of uptake.

This issue has been under consideration for some time. However, and notwithstanding the merit in the proposal, the obligation to review and control every aspect of public expenditure mean that a new project of this nature is not feasible at this time.

Overseas Missions.

Charles Flanagan

Ceist:

39 Deputy Charles Flanagan asked the Minister for Defence if the fuel shortage issue for the Irish mission in Chad has been resolved; and if he will make a statement on the matter. [24824/09]

Niall Collins

Ceist:

63 Deputy Niall Collins asked the Minister for Defence if the situation regarding fuel supplies to the Irish battalion serving as part of the UN peace support mission in Chad has been rectified; if he is satisfied that fuel supplies will continue on a secure basis in the future; and if he will make a statement on the matter. [24578/09]

Róisín Shortall

Ceist:

93 Deputy Róisín Shortall asked the Minister for Defence the position regarding the provision of adequate fuel supplies for the Defence Forces in Chad; and if he will make a statement on the matter. [24712/09]

I propose to take Questions Nos. 39, 63 and 93 together.

On 15 March 2009, MINURCAT, the United Nation's led mission in Chad and the Central African Republic assumed operational control of the United Nations force of 2,085 personnel, including 1,877 troops re-hatted from eight EUFOR contributors.

In the weeks following the takeover of the force by MINURCAT, the mission faced a number of challenges, including fuel shortages in Chad. The fuel problems encountered by MINURCAT were common to the whole of Chad, as there was a country-wide fuel crisis at the time. The fuel situation was exacerbated by the rebel incursion into Chad in early May 2009. The UN was fully exercised on the issue and all possible sources of fuel for MINURCAT contingents were investigated by the UN to meet the mission's needs. This included the airlifting of fuel from a neighbouring UN mission.

Significant progress has been made by the United Nations in the past month and I am pleased to inform the House that the fuel situation as it applies to the Irish Infantry Battalion in Goz Beida has essentially been resolved. Sufficient stocks are now in place in Camp Ciara which will provide for the Unit's needs going forward. In addition, extra fuel is stored in the new UN fuel farm adjacent to the Irish camp. The UN also have a facility to fly in quantities of fuel at any stage.

The Defence Forces continue to monitor the fuel-supply situation and are maintaining close liaison with the UN authorities on the ground. For now, I am satisfied that the necessary measures have been taken by the UN to address the fuel issue.

Defence Forces Equipment.

Joanna Tuffy

Ceist:

40 Deputy Joanna Tuffy asked the Minister for Defence the progress made in regard to the fitting of safety devices to troop carrying trucks; and if he will make a statement on the matter. [24714/09]

Arising from an accident involving a troop carrying vehicle in Granard, Co. Longford in June 2007, a study group was formed to advise on the introduction of a Roll Over Protection System for troop carrying vehicles incorporating roll bars and safety belts. The report of the study group was completed in February 2008 and submitted to the military authorities for consideration.

Since then a number of different options have been fitted to different vehicles for testing and evaluation to identify the key requirements and performance characteristics of roll over systems.

A report on the introduction of Rollover Protection Systems in the Defence Forces Troop Carrying Vehicles is currently being completed by a Board of Officers in the Defence Forces. The report will cover in detail the following items:

Equipment specification to be included in a tender competition

Number of units to be purchased

How the equipment should be employed

Operator training to be delivered to Defence Forces personnel before using the equipment

Associated Health & Safety issues.

In dealing with the Health and Safety issues the Board have conducted a number of tests on the current fleet of Troop Carrying Vehicles in the Defence Forces to confirm that certain hazards to personnel do not exist while they are transported in these vehicles. These tests included vibration tests, noise tests and smoke tests.

The Board expect to complete their report in early July 2009, at which time the report will be submitted to the Deputy Chief of Staff (Support).

Once the report is approved, the programme for the procurement and installation of the systems will proceed in accordance with relevant public procurement procedures.

Departmental Expenditure.

Michael Noonan

Ceist:

41 Deputy Michael Noonan asked the Minister for Defence the costs incurred in relation to the army barracks closed in 2009 to date; the breakdown of the costs per barracks and per heading, including evacuation, moving, maintenance, travel, security and all other costs; and if he will make a statement on the matter. [24852/09]

Joe McHugh

Ceist:

45 Deputy Joe McHugh asked the Minister for Defence the cost per soldier of the moves associated with the closure of a number of army barracks and property to date, since the announcement of the closure plans in Budget 2009, including payments made to soldiers and families of soldiers related to their relocation; and if he will make a statement on the matter. [24845/09]

Mary Upton

Ceist:

57 Deputy Mary Upton asked the Minister for Defence the cost of providing security services to oversee vacant military properties; and if he will make a statement on the matter. [24716/09]

Joanna Tuffy

Ceist:

92 Deputy Joanna Tuffy asked the Minister for Defence the position in regard to barracks closures; and if he will make a statement on the matter. [24715/09]

I propose to take Questions Nos. 41, 45, 57 and 92 together.

The Government decision of 14 October 2008 approved a programme for consolidation of Defence Forces formations and the closure of four barracks at Monaghan, Longford, Rockhill and Lifford in Donegal. These barracks closed at the end of January 2009.

Most of the costs at the level of the individual soldier are once off or short-term costs arising from payment of Change of Station Allowance and the provision of transport on a temporary basis. Actual expenditure on Change of Station can only be determined once all claims have been received and processed. While a number of claims have been received to date, it is expected that there may be other personnel, who might have an entitlement, but have not yet submitted a claim. As a result, the detailed cost per soldier is not yet available.

The evacuation and movement of personnel and equipment from the closed barracks to the new locations was completed using Defence Force transport assets and, as such, no substantive additional costs were incurred in the move.

The costs incurred to date in 2009 at Monaghan are as follows: maintenance/repairs etc. €Nil, utilities €10,318, and provision of security €3,462.75.

The costs in relation to Longford are as follows: maintenance/repairs etc. €7,786.40, utilities €4,915, and provision of security €1,530.90.

The costs for Rockhill in 2009 are: maintenance/repairs etc. €6,365.65, utilities €2,784.88, and provision of security €2,741.04 and for Lifford are: maintenance/repairs etc. €7,478, utilities €2,664.19, and provision of security €2,128.68.

I'm sure Deputies will understand the need to secure the properties and maintain them in reasonably good order so as they do not fall into disrepair, are subject to vandalism or become eyesores in the towns in which they are located. The maintenance of the properties will also be important in ensuring my Department secures a reasonable price for the properties when they are disposed of.

Defence Forces Training.

Brian O'Shea

Ceist:

42 Deputy Brian O’Shea asked the Minister for Defence the investigation which has been held into an incident in Kilworth Camp, County Cork, at which an officer working as a safety umpire during a training exercise was seriously injured; if changes are planned to safety procedures as a result of this incident; and if he will make a statement on the matter. [24685/09]

Noel O'Flynn

Ceist:

54 Deputy Noel O’Flynn asked the Minister for Defence if he will report on the recent accident at an army training exercise at Kilworth Camp, County Cork, on 3 June 2009; if he has received interim or other reports into the accident; and if he will make a statement on the matter. [24664/09]

I propose to take Questions Nos. 42 and 54 together.

An incident occurred on 3rd June 2009 in Kilworth Camp involving a Short Range Anti-Armour weapon resulting in injuries to a member of the Defence Forces.

The General Officer Commanding the Southern Brigade has established a multi disciplined Formation Accident Investigation Team to establish the cause of this incident and to make any necessary recommendations.

The Defence Forces fire weapons and rehearse military skills regularly by day and night so that soldiers are proficient in all conditions, at home and overseas. Such training exercises are subject to strict supervision and safety procedures. The military investigation into this incident will examine these procedures.

The Investigation Team are still interviewing personnel and on completion of their enquiries will submit a comprehensive report to the Deputy Chief of Staff (Support) of the Defence Forces.

I personally contacted the young man's family about the matter and I wished him well in his recovery.

Departmental Expenditure.

Kathleen Lynch

Ceist:

43 Deputy Kathleen Lynch asked the Minister for Defence the grades or levels in respect of the 15 posts to be lost in his Department at which the cuts will take place; and if he will make a statement on the matter. [24699/09]

The Government decision of 8 July 2008 instructed all Departments to achieve a 3% reduction in payroll costs in 2009. In order to achieve these savings, it was necessary from that date to impose severe restrictions on the filling of vacancies in my Department.

On 27 March 2009 the Government imposed a moratorium on recruitment and promotion. Subsequently, it introduced the incentivised schemes for early retirement and career breaks.

The combined effect of the foregoing measures is that since July 2008 some 20 vacancies in my Department have not been filled. The posts in question are at all grades up to and including Principal Officer. The number of further vacancies arising this year will largely depend on the level of take-up of the incentivised early retirement and career break schemes.

A process of re-organisation and work prioritisation is being implemented in my Department in order to mitigate the impact of the reduced staffing levels.

Sail Training Programme.

Ciaran Lynch

Ceist:

44 Deputy Ciarán Lynch asked the Minister for Defence the position in regard to the refurbishment programme for the Creidne; when it will be available for training purposes; and if he will make a statement on the matter. [24696/09]

Michael McGrath

Ceist:

71 Deputy Michael McGrath asked the Minister for Defence if Coiste an Asgard has put a sail training programme in place for 2009 using the Creidne; the number of journeys and places available; the costs of these places; and if he will make a statement on the matter. [24659/09]

I propose to take Questions Nos. 44 and 71 together.

The refurbishment programme for the Creidne is almost complete. The vessel is due to undergo trials over the coming days and I expect it to be ready in time for its first voyage on the 3rd July.

The Creidne Sail Training Programme begins on 3 July and ends on 11 September. During that time it will undertake five voyages, mainly along the Irish coastline with some voyages visiting the Isle of Man and the South West coast of England. Each voyage will cater for eight trainees at a cost of €40 per day for trainees under the age of 18 years and €50 per day for other trainees. The duration of each voyage varies from four to nine days.

I am pleased to say that the level of interest in the programme has been good and there are only a few places left at this stage.

Question No. 45 answered with Question No. 41.

Army Medical Corps.

Deirdre Clune

Ceist:

46 Deputy Deirdre Clune asked the Minister for Defence the timescale for the implementation of the PA Consulting Group Report on the Defence Forces Medical Services; and if he will make a statement on the matter. [24799/09]

Jan O'Sullivan

Ceist:

66 Deputy Jan O’Sullivan asked the Minister for Defence the position regarding the consultants report on the Defence Forces Medical Corps; and if he will make a statement on the matter. [24702/09]

Charlie O'Connor

Ceist:

79 Deputy Charlie O’Connor asked the Minister for Defence if he has considered the consultants report into medical services in the Defence Forces; the recommendations made by the consultants; the actions he proposes to take; and if he will make a statement on the matter. [24576/09]

Niall Collins

Ceist:

85 Deputy Niall Collins asked the Minister for Defence the reforms and changes to the operation and structure of the Army Medical Corps that have been made in the consultant’s report into Defence Force medical services; and if he will make a statement on the matter. [24579/09]

Jimmy Deenihan

Ceist:

369 Deputy Jimmy Deenihan asked the Minister for Defence if he has accepted the recommendations in the report of the consultants employed to review the medical services of the Defence Forces; if he plans that these recommendations will be implemented in full; the estimated timescale for the full implementation of the recommendations; and if he will make a statement on the matter. [25224/09]

I propose to take Questions Nos. 46, 66, 79, 85 and 369 together.

The development of the Medical Corps in the Defence Forces forms part of the agreed programme for Government. I am committed to providing a sustainable medical service to meet the needs of the Defence Forces both at home and abroad.

As you are no doubt aware the challenges in the medical arena have been recognised for some time and a review of the provision of medical services has been ongoing as part of the Modernisation Agenda for the Defence Forces.

In view of the complexity of the challenge facing the Defence Forces in this area, I decided to engage PA Consulting to make recommendations on the best means of meeting the medical requirements of the Defence Forces.

In order to meet this objective PA Consulting reviewed the medical services required for the Defence Forces in light of their roles and operations as assigned by Government, assessed the current arrangements for the provision of medical services and proposed a model for future delivery of Medical Services.

The Consultants have recommended a programme of major change.

Their Report makes a number of recommendations. These include:

a centralised command structure

the creation of a Medical Services Management and Administrative function. This structure will provide strategic planning, resource allocation and overall responsibility for the management and delivery of the medical service.

The development of medical officer lead care teams together with a re-focussing of medical staff on appropriate clinical tasks.

The report also recommends steps leading to a reduction in the number of doctor interventions, medical assessments and better management of health services outsourcing.

The structure and systems recommended have been designed to meet the demands and needs of the modern Defence Forces at home and overseas and provide Medical Officers with a fulfilling and rewarding career.

The Report reaffirms the need for a dedicated Medical Corps and addresses the challenges facing the Defence Forces in recruitment and retention of Medical Officers.

Implementation of the recommendations will result in major change at both strategic and operational levels in the Defence Forces. Thankfully in these difficult times, the Report shows that major additional investment is not needed to meet the medical needs of the Defence Forces. Change will be achieved in the main through better use of the available resources.

The PA Report is an important milestone in addressing the challenges to the provision of medical services in the Defence Forces. Implementation will take time and commitment. This will be achieved in consultation with the Representative Associations. I have asked that implementation of the recommendations of this report proceed immediately.

The Report makes a number of recommendations regarding a governance structure for change delivery in this area. The structure recommended, including a high level steering group composed of both military and civilian personnel, will be used. At a lower level a dedicated programme group with civilian and military representatives will manage the delivery of a suite of projects, which have been identified by the Consultants.

I welcome the recommendations and fully support their implementation. Implementation by the Military authorities will commence immediately. Certain recommendations will require further elaboration. Consultation with the Representative Associations will also take place.

Overseas Missions.

Thomas P. Broughan

Ceist:

47 Deputy Thomas P. Broughan asked the Minister for Defence if he will make a statement on the progress of the Defence Forces mission in Chad. [24689/09]

Joe Costello

Ceist:

53 Deputy Joe Costello asked the Minister for Defence the cost to the State to date arising from participation by the Defence Forces in peacekeeping missions in Chad; and if he will make a statement on the matter. [24690/09]

Joe Costello

Ceist:

60 Deputy Joe Costello asked the Minister for Defence the number of personnel repatriated from Chad on medical or compassionate grounds since the mission commenced; and if he will make a statement on the matter. [24691/09]

Chris Andrews

Ceist:

68 Deputy Chris Andrews asked the Minister for Defence if he will report on the recent outbreak of gastroenteritis among Irish troops serving as part of the UN mission in Chad; if the cause of the outbreak has been identified; and if he will make a statement on the matter. [24581/09]

I propose to take Questions Nos 47, 53, 60, and 68 together.

Defence Forces contingents were first deployed to Chad in February 2008 with the UN-mandated EU-led operation in the Republic of Chad and the Central African Republic, EUFOR Tchad/RCA. EUFOR's mandate expired on 15 March 2009 and the operation was replaced by the United Nations Mission in the Central African Republic and Chad (MINURCAT).

Approximately 400 Irish personnel deployed in Chad with EUFOR transferred to the authority of MINURCAT on 15 March 2009.

In his latest report, in April 2009, to the United Nations Security Council on the MINURCAT mission, the Secretary-General indicated that the build-up of the force will be phased, with a period of consolidation prior to the beginning of the rainy season in June 2009. The force was expected to reach its full troop strength of 5,200 by the end of 2009 but this has now been revised downwards to 4,700 by that date. As of 19 June 2009, the MINURCAT force strength is 2,456 troops. The pace of troop generation has been attributed to the brief period allowed between the United Nation's authorisation of the military component of MINURCAT and the deployment of military personnel.

Despite the initial challenges faced by MINURCAT, the mission is building on the solid foundation laid by EUFOR, which has helped prepare the way to build future successes and contribute to the long-term beneficial impact of a safe and secure environment. It is expected that the security situation at local level will continue to improve as the MINURCAT mission is fully deployed.

All costs associated with deployment of personnel and equipment to the EUFOR Tchad/RCA mission are borne by the troop contributing countries. All EU Member States, irrespective of participation, contributed to the common costs of the operation. The cost to the Defence Vote arising from the Defence Forces participation in this mission amounted to approximately €61m for the period October 2007 to April 2009.

Certain costs associated with the deployment of the Defence Forces to MINURCAT will be offset by reimbursements from the UN mainly in the form of Appropriations-in-Aid to the Exchequer. The amounts to be reimbursed are in the process of being finalised by my Department with the United Nations.

The incidence of repatriations of Irish personnel from Chad has not been significantly different to repatriations from other missions in which members of the Permanent Defence Force have served. Since the Defence Forces were first deployed to Chad in February 2008, 20 personnel have been repatriated on compassionate grounds and 13 on medical grounds. Of the 33 personnel repatriated, 6 individuals returned to duty in Chad.

In May 2009, as part of the routine troop rotation process, personnel of the 99th Infantry Battalion were moved in groups from the Irish Battalion HQ in Goz Beida in South Eastern Chad to a UN transit camp in the capital N'Djamena approx 1,000 kms away, whilst they awaited a scheduled charter flight back to Ireland on 22 May 2009 at the end of their tour of duty. Whilst there, twenty six (26) Irish personnel contracted gastroenteritis. They were provided with immediate medical assistance by an Irish Battalion Medical Team, who were also due to fly home. All personnel had recovered by 22 May 2009 and were repatriated, as scheduled, on the Irish Chartered Flight under the supervision of the returning Battalion Medical Team.

I understand that a full hygiene audit of the transit camp was undertaken immediately by the United Nations Medical Section and remedial action was affected. I might point out that, due to the challenging conditions pertaining in Chad, incidence of such gastric illnesses are not unexpected.

Naval Service Vessels.

Kathleen Lynch

Ceist:

48 Deputy Kathleen Lynch asked the Minister for Defence the progress he expects to make during 2009 in regard to the acquisition by the Naval Service of modern new replacement vessels; if the plan will be delayed by the cuts in the funding for his Department announced in the 2009 budget; and if he will make a statement on the matter. [24698/09]

Bernard J. Durkan

Ceist:

378 Deputy Bernard J. Durkan asked the Minister for Defence if the naval service is adequately equipped and upgraded to meet any likely requirements such as participation in international operations; and if he will make a statement on the matter. [25239/09]

I propose to take Questions number 48 and 378 together.

The Naval Service provides the maritime element of the Defence Forces and has a general responsibility to meet contingent and actual maritime Defence requirements.

In the 2000 White Paper on Defence, the Government decided that the Naval Service would be based on an 8-ship flotilla and committed to a modernisation and replacement strategy to maximise the operational capacity of those 8 vessels consistent with the roles assigned to the Naval Service. All eight ships are involved in coastal and offshore patrolling and surveillance for the State in that part of the seas where State jurisdiction applies such as Internal Waters, Territorial Sea and the Irish Sector of the Exclusive Economic Zone. As a matter of standing policy, Naval Service assets are not deployed on overseas peace support operations and there are no plans to develop such capacity at this time.

The White Paper specifically provides that "New vessels will be brought on stream to replace older ones as these fall due for replacement". Naval Service Vessels are replaced when they have come to the end of their useful life, which is normally around 30 years. Three ships are due for replacement now and over the next few years — LE Emer, commissioned in 1978, LE Aoife, commissioned in 1979 and LE Aisling, commissioned in 1980.

Following a detailed examination of the needs of the Naval Service within my Department a vessel replacement strategy for the Naval Service was put in place.

Following Government approval in July 2007, a tender competition for the purchase of replacement vessels for the Naval Service commenced. The competition is for the purchase of two Offshore Patrol Vessels (OPVs) with an option of a third and one Extended Patrol Vessel (EPV) with an option on a second. The options provide an effective value for money opportunity, at locked in prices, to provide replacements for Naval Service vessels, which will reach the end of their service life in the years immediately following the current replacement programme.

Following a short-listing process, detailed tender responses were returned to my Department by the shipbuilders on the 11 November 2008.

The Tender evaluation commenced immediately and continued for a number of weeks, with the assistance of consultants who were engaged under contract. A preferred bidder was selected, after which detailed and extensive contract negotiations commenced and are now close to conclusion. No contract has yet been signed. However, I expect to bring this matter to Government very shortly.

Subject to Government approval on funding, it is expected that the new vessels will be delivered for acceptance by the Naval Service during the first quarters of 2012 and 2013 respectively. The Department does not propose to exercise the option available under the terms of the tender competition to purchase a third OPV, although it is intended in due course to examine the opportunities that may be presented by doing so. The exercise of any such option would obviously be subject to a further Government decision.

In the current difficult economic environment, it is important that we look to the efficiencies which all parts of the public sector can make so as to continue to deliver high quality public services within a more constrained financial resource envelope. However, it is also important that we continue to invest in public services so as we can maintain service levels into the future. Within the resources available to us, to maintain capacity, we need to continue the process of modernisation and reinvestment in the Defence Forces generally, into the future. The Naval Service Vessel Replacement Programme is part of this process.

The acquisition of these modern new vessels will ensure that the Naval Service will be fully equipped to carry out its day to day roles in enforcing the State's sovereign rights over our waters and our fisheries and meeting Ireland's obligations in the area of maritime safety and security and fisheries protection.

In relation to the larger EPV, the Department intends to complete the contract negotiations in relation to the OPV before the second stage of the EPV competition is initiated. As with the OPVs, any decision to award a contract for the purchase of an EPV must be approved by the Government.

The strategy combined with a continuous process of refurbishment will ensure that the operational capability of the Naval Service is maintained at a satisfactory level.

Overseas Missions.

Pádraic McCormack

Ceist:

49 Deputy Pádraic McCormack asked the Minister for Defence if the Defence Forces will continue to lease helicopters to support the Chad mission; and if he will make a statement on the matter. [24838/09]

The Defence Forces signed a contract at the end of May 2008 with a UK company, Air Partner Commercial Jets, for the charter of two Mi -8T helicopters to support its operations with EUFOR in Chad. The helicopters arrived in theatre in June 2008 and were contracted to March 2009.

The Defence Forces contracted the helicopters for the operational deployment of troops in EUFOR and to facilitate the rapid movement of supplies, stores and equipment from the Forward Logistic Base in Abéché to the Battalion base in Goz Beida in the South East of Chad, where the main body of Irish troops is located. The contract for the helicopters includes the provision of crew, maintenance and insurance.

On 15 March 2009, MINURCAT, the United Nation's led mission in Chad and the Central African Republic assumed operational control of the United Nations force of 2,085 personnel, including 1,877 troops re-hatted from eight EUFOR contributors, including Ireland.

In order to ensure that sufficient helicopter support was retained in support of the Defence Forces contingent in Goz Beida for the duration of the transition period from EUFOR to a UN mission, the contract for the helicopters was extended for a further 6 months to October 2009. It is considered essential to the continued participation of the Defence Forces in the mission that helicopters are available, particularly during the rainy season.

Irish Red Cross.

Seán Connick

Ceist:

50 Deputy Seán Connick asked the Minister for Defence if he has had discussions with the chairperson of the Irish Red Cross regarding the future of the organisation; and if he will make a statement on the matter. [24662/09]

Liz McManus

Ceist:

80 Deputy Liz McManus asked the Minister for Defence the people he has appointed or re-appointed to the board of the Irish Red Cross since taking office; and if he will make a statement on the matter. [24700/09]

Róisín Shortall

Ceist:

83 Deputy Róisín Shortall asked the Minister for Defence his views on the governance of the Irish Red Cross; and if he will make a statement on the matter. [24713/09]

I propose to take Questions Nos. 50, 80 and 83 together.

The Irish Red Cross Society is an autonomous body, established by the Irish Red Cross Society Order 1939 pursuant to the Red Cross Act, 1938. The Order sets out the basis on which the Society shall be governed. It provides that there shall be a Central Council which shall exercise the powers of the Society, organise the Society and control and manage the affairs of the Society. Membership of the Central Council is by way of appointment by the Government or by election in accordance with the rules of the Society. The Central Council in turn elects an Executive Committee which normally meets ten times a year.

The number of Government appointees is governed by the Order as being not less than one third of the total membership of the Central Council. The work experience of the Government appointees covers both the public and private sector and volunteer experience with the Society. The Government nominated the following persons to membership of the Central Council of the Irish Red Cross Society for the period up to the 30th April 2012:

Mr. David Andrews (Chairman)

Mr. Ted Noonan

Mr. Des Kavanagh

Mr. Rory McCabe

Professor Roger Downer

Mr. Scott Keenan

Mr. Christopher Fettes

Mr. David Lawler

Ms. Ann-Marie Flanagan

Ms. Julie (Julia Marie) Sadlier

Mr. Paul Foran

Mr. Brendan Bird

Ms. Sinead Teefy

Ms. Julianne Maher

Ms. Ann Murphy

Mr. Riostáird O'Flaherty

Ms. Josie Garvey

The Chairman of the Central Council is appointed by the President on the nomination of the Government.

The Society is an independent charitable organisation. I have no function in the day-to-day administration of the Irish Red Cross and as such I do not get involved in the day-to-day running of its affairs.

I received correspondence earlier this year from a member of the Central Council, who informed me of her decision to resign from the Council of the Society. In the letter, the Council member expressed concerns to me about governance, accountability and transparency issues within the Society. I forwarded the letter, with the consent of the person concerned, to the Chairman of the Society.

The issue of governance is one which is the subject of a governance committee within the Society. That committee is expected to report to the Executive Committee and the Central Council before the end of this year.

The contents of the report will be the subject of interdepartmental and interagency discussion. Thereafter, I will bring before Government any statutory changes deemed necessary.

Question No. 51 answered with Question No. 33.

Defence Forces Chaplains.

Emmet Stagg

Ceist:

52 Deputy Emmet Stagg asked the Minister for Defence the breakdown of the denominations of the chaplains and officiating clergy paid for by the Defence Forces; and if he will make a statement on the matter. [24705/09]

There are seventeen Chaplains serving with the Defence Forces, sixteen of whom are Roman Catholic and one Church of Ireland. Other Chaplains are engaged from time to time as the occasion demands.

Chaplains provide spiritual guidance to all ranks of the Defence Forces by engaging with personnel in their work, prayer and in dealing with their families. Two chaplains are currently based overseas in Chad and Kosovo.

Question No. 53 answered with Question No. 47.
Question No. 54 answered with Question No. 42.

Decentralisation Programme.

Jim O'Keeffe

Ceist:

55 Deputy Jim O’Keeffe asked the Minister for Defence the costs anticipated in the physical move of the headquarters of his Department to its new decentralised headquarters; the expenditure to date on the designing, erection and equipping of the new departmental headquarters; and if he will make a statement on the matter. [24859/09]

The Government decision on decentralisation provides for the transfer of my Department's Dublin-based civil service staff, together with a number of military personnel, to Newbridge, Co. Kildare and the transfer of Defence Force Headquarters (DFHQ) to the Curragh.

In relation to the move of my Department to Newbridge, the costs involved in the physical move, designing, erection and equipping of the new departmental headquarters are borne on the Vote of the Office of Public Works (OPW). I am advised by the OPW that the site acquisition, construction and fitting out costs amount to approx €30 million.

Defence Forces Equipment.

Peter Kelly

Ceist:

56 Deputy Peter Kelly asked the Minister for Defence if he has received a final report into an incident involving an Air Corps helicopter in Killarney, County Kerry on 2 March 2009; the findings of that report; if the report confirms or refutes a newspaper story (details supplied); and if he will make a statement on the matter. [24575/09]

The final report into the incident involving the Air Corps helicopter AW139 on 2 March 2009 was provided to me by General Officer Commanding Air Corps on 11 June 2009.

The final report was compiled following a detailed investigation into the incident by the Air Corps Military Airworthiness Authority. The investigation included interviews with the crew and passengers of the aircraft. The aircraft was fit for flight, and was crewed by a fully authorised and qualified flight crew.

The investigation determined that the left hand cabin door was not properly closed and locked following the last opening on the ground prior to the incident flight.

There is no suggestion in the report that the aircraft passengers were in any way responsible for this incident.

Question No. 57 answered with Question No. 41.

Departmental Staff.

Ciaran Lynch

Ceist:

58 Deputy Ciarán Lynch asked the Minister for Defence the number of civilian employees working for his Department or the Defence Forces under short term contracts; the number of such contracts which will expire by the end of 2009; and if he will make a statement on the matter. [24697/09]

A total of nine civilian employees are employed by my Department under short term contracts to work with the Defence Forces. Contracts relating to two of these employees are due to expire by the end of 2009. My Department is, along with the Department of Finance, currently considering the implications of the Government decision on the savings measures on public service numbers announced by the Minister for Finance on 27 March 2009 in relation to the renewal or otherwise of the contracts for the employees in question.

Defence Forces Strength.

Joan Burton

Ceist:

59 Deputy Joan Burton asked the Minister for Defence the number of personnel in the Army, the Air Corps and the Naval Service as of 1 January 2009; the anticipated numbers in each case at 31 December 2009; and if he will make a statement on the matter. [24686/09]

Joan Burton

Ceist:

65 Deputy Joan Burton asked the Minister for Defence the number of personnel in the Army Reserve and the Naval Reserve Service as of 1 January 2009; the anticipated numbers in each case at 31 December 2009; and if he will make a statement on the matter. [24687/09]

Bernard J. Durkan

Ceist:

74 Deputy Bernard J. Durkan asked the Minister for Defence the extent to which an increase in the strength of the Army, Navy or Air Corps is contemplated; and if he will make a statement on the matter. [24759/09]

Ruairí Quinn

Ceist:

90 Deputy Ruairí Quinn asked the Minister for Defence if he anticipates that the numbers in the Permanent Defence Forces will decline below 10,200 in 2010 and subsequent years; and if he will make a statement on the matter. [24708/09]

Terence Flanagan

Ceist:

364 Deputy Terence Flanagan asked the Minister for Defence the additional staff that will be taken on for the Air Corps and Naval Service for the remainder of 2009; and if he will make a statement on the matter. [24902/09]

I propose to take Questions Nos. 59, 65, 74, 90 and 364 together.

The strength of the Army, Air Corps, Naval Service, Army Reserve and Naval Reserve as of 31 December 2008 is set out in the tabular statement below.

The recent Government Decision on savings measures on public service numbers is being implemented in the Defence Forces. I am in contact with my colleague, the Minister for Finance about the implications of the measures for the Permanent Defence Force. My focus is on the ongoing operational capability of the Defence Forces. Until there is an outcome to this process the savings measures continue to apply.

The Defence Forces have improved in every respect since 2000 through the implementation of the White Paper. This represents a significant public service success story. The organisation is therefore in a healthy state both in terms of personnel and equipment.

The economic reality is such that the Government decision must be implemented. While it is not possible at this time to predict the impact that the suspension of recruitment will have on the Defence Forces, it can be anticipated that further flexibility and re-structuring will be required arising from the implementation of these measures and I intend, within the resources available, to retain the capacity of the organization to operate effectively across all roles. This will represent a significant challenge in the coming years and one in respect of which I will work closely with the Chief of Staff.

I am advised that the Defence Forces retain the capacity to undertake the tasks laid down by Government at home and overseas.

Strength of the Defence Forces 31-Dec-08

LT Gen

Maj Gen

Brig Gen

Col

LT Col

Comdt

Capt

LT

Total Offrs

SM

BQMS

CS

CQMS

SGTS

CPLS

Total NCOS

PTES

Cadets

Total

Army

1

3

7

41

131

305

237

346

1071

32

39

133

251

1048

1467

2970

4394

71

8,506

Air Corps

1

2

12

32

56

44

147

7

4

48

15

135

171

380

291

14

832

Naval Service

1

2

12

43

42

60

160

6

7

76

15

216

175

495

402

13

1,070

Total

1

3

9

45

155

380

335

450

1,378

45

50

257

281

1,399

1,813

3,845

5,087

98

10,408

Strength of the Reserve Forces 31-Dec-08

LT COL

COMDT

CAPT

LT

TOTAL OFFRS

SM

BQMS

CS

CQMS

SGTS

CPLS

TOTAL NCOS

PTES

TOTAL

Army Reserve

4

101

222

294

621

16

18

102

93

756

1,075

2,060

4,699

7,380

Naval Reserve

3

14

7

24

3

11

20

34

68

199

291

Total

4

104

236

301

645

16

21

113

93

776

1,109

2,128

4,898

7,671

Question No. 60 answered with Question No. 47.

White Paper on Defence.

Eamon Gilmore

Ceist:

61 Deputy Eamon Gilmore asked the Minister for Defence the progress made in regard to the commitment given in the programme for Government to prepare a second white paper on defence for the period 2011 to 2020. [24693/09]

The current White Paper on Defence, which was published in February 2000, was the first-ever White Paper on Defence and set out the policy framework and development strategy for the period 2000 — 2010. The overall Government objective was to achieve affordable and sustainable Defence Forces capable of fulfilling the roles laid down by Government.

A detailed review of White Paper implementation has been conducted and a report was published in April 2007 outlining the findings. The report found that substantial progress has been made. The many detailed recommendations for change that were laid out in the White Paper have been implemented or are being implemented according to agreed timetables.

The Department of Defence and Defence Forces Strategy Statement 2008 — 2010 includes the commitment to prepare a new White Paper on Defence, in line with the Agreed Programme for Government.

Preliminary work will commence on this project in the autumn with the aim of publishing the new White Paper in the latter part of 2010.

Overseas Missions.

Ruairí Quinn

Ceist:

62 Deputy Ruairí Quinn asked the Minister for Defence when the report regarding the service of the Defence Forces with the UN in 2008 will be laid before Dáil Éireann; and if he will make a statement on the matter. [24709/09]

Under section 13 of the Defence (Amendment) Act, 2006 the Minister for Defence is obliged to report annually to Dáil Éireann on Irish Defence Forces participation in United Nations missions in the preceding year.

The report in respect of service by the Defence Forces with the United Nations in 2008 will be laid before the House in the near future.

Question No. 63 answered with Question No. 39.

Departmental Properties.

Michael McGrath

Ceist:

64 Deputy Michael McGrath asked the Minister for Defence if the Department of Defence and the Defence Forces have made any proposals or suggestions regarding the future of the former ISPAT site at Haulbowline, County Cork, particularly in terms of increasing berthing space at the Naval Service base; and if he will make a statement on the matter. [24660/09]

The Department of the Environment, Heritage and Local Government has primary responsibility for the remediation of the former ISPAT site at Haulbowline Island, while the Department of Enterprise, Trade and Employment is responsible for the future development of the site. A working group, which will include representation from my Department, is being established to consider the future development of the site. Both Departments have been advised of Naval Service requirements and of the Naval Service's wish to use the development of the site to address some infrastructure issues, including the provision of additional berthage facilities. These issues will be addressed by my Department through the Working Group.

Question No. 65 answered with Question No. 59.
Question No. 66 answered with Question No. 46.

Defence Forces Reserve.

David Stanton

Ceist:

67 Deputy David Stanton asked the Minister for Defence the number of personnel in the integrated reserve; the number in each respective rank; and if he will make a statement on the matter. [24572/09]

David Stanton

Ceist:

87 Deputy David Stanton asked the Minister for Defence his further plans for the integrated reserve; and if he will make a statement on the matter. [24574/09]

I propose to take Questions Nos. 67 and 87 together.

The White Paper on Defence 2000 outlines the blueprint for the Reserve Defence Force (RDF). The RDF Review Implementation Plan provides for the phased enhancement of the Reserve over the period to end 2009. The Plan proposed an establishment of 9,692 for the non-integrated element of the Reserve (9,292 Army Reserve and 400 Naval Service Reserve) and revised organisational structures to give effect to this proposal were introduced on 1st October 2005. The Reserve Defence Force Training Authority, which is intended to be part of the integrated Reserve was also established on a temporary non-integrated basis in October 2005 and has an establishment of 55 members.

In addition, the plan provides for the development of an integrated element of the Reserve with a proposed strength of 2,656. In line with the plan, a pilot scheme for the development of the integrated Reserve was conducted in 2007 and continued into 2008. Approximately 300 Reservists completed the pilot training. The numbers participating in the integrated Reserve pilots were disappointing and the Military authorities have decided to suspend integrated training this year.

As the Reserve Defence Force Review Implementation Plan is reaching its conclusion, options for the future development of the Reserve, including the development of the integrated Reserve, will be considered. This will be informed by the lessons learned from the implementation process, including the integration pilots. In addition, the Reserve Defence Force has been selected for review as part of the 2009 — 2011 phase of the Government's Value for Money and Policy Review initiative. It is anticipated that this review will also assist in informing decisions regarding the future of the Reserve.

Question No. 68 answered with Question No. 47.

Legislative Programme.

Pat Rabbitte

Ceist:

69 Deputy Pat Rabbitte asked the Minister for Defence the legislation he expects to publish during 2009; and if he will make a statement on the matter. [24711/09]

In 2003 a Military Law Review Board, established to review the adequacy, effectiveness and fairness of the military justice system as laid down in Part V (Discipline) of the Defence Act 1954, recommended the amendment of some 76 sections within Part V of the Act. In 2005, the Government approved the drafting of a Bill based on the recommendations of the Board. During drafting of the Bill it was decided to focus on only those Heads which were essential to ensure that the provisions of Part V relating to summary procedures and courts-martial were compliant with the European Convention on Human Rights. The Bill was published as the Defence (Amendment) Bill 2006 and was enacted in April 2007. Subsequent to the passing of the 2007 Act work was completed on publishing revised Court-Martial Rules, Rules of Procedure and Courts-Martial (Legal Aid) Regulations etc., and on completing necessary amendments to Defence Force Regulations, to give effect to the new Act. The new military justice system has been in operation since September 2008.

My Department, in conjunction with the Office of the Parliamentary Counsel, is now in the process of drafting a further Defence (Amendment) Bill to deal with the remaining provisions of Part V of the Defence Act 1954 which the Military Law Review Board recommended should be amended. These provisions primarily relate to offences against military law and extended provisions for arrest and detention. I would expect that work on this Bill will be largely complete by the end of 2009 and that it will be published in late 2009 or in early 2010.

My Department will also publish the European Defence Agency Bill 2009. Ireland participates in the framework of the Agency and contributes to the operational budget of the Agency which funds the Annual work programme. The Agency undertakes a range of other projects outside of the work programme to which members can opt in or opt out. The European Defence Agency Bill 2009 is designed to regulate Ireland's participation in relation to these particular projects.

Overseas Missions.

Chris Andrews

Ceist:

70 Deputy Chris Andrews asked the Minister for Defence if Ireland will be contributing to or participating in the Operation Atlanta mission to tackle the problem with pirates off the coast of Somalia; the nature and extent of that participation; and if he will make a statement on the matter. [24580/09]

The frequent and ongoing piracy attacks off the coast of Somalia have been threatening commercial shipping and fishing in the region since the beginning of Somalia's civil war in the early 1990s. A very severe consequence of this piracy has been the impediment to the delivery of humanitarian assistance to hundreds of thousands of Somalis.

In December 2008, the European Union launched Operation ATALANTA to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast. The UN Security Council welcomed the launch of the operation to combat piracy off the coast of Somali and to protect vulnerable ships bound for Somalia.

From the outset, Ireland has fully supported the objectives of Operation ATALANTA. Following approval by the Government at its meeting on 9 June 2009, two (2) Naval Service officers deployed to the Operational Headquarters of Operation ATALANTA at Northwood in the UK on 12 June 2009. The officers are filling appointments in force generation and civilian-military cells.

Deployment to this operation is fully in accordance with Ireland's commitment to UN-mandated peace support operations.

Question No. 71 answered with Question No. 44.

Cash in Transit Escorts.

Michael D. Higgins

Ceist:

72 Deputy Michael D. Higgins asked the Minister for Defence the number of cash in transit escorts provided by the Defence Forces during 2008; the amount of personnel hours involved in these operations; the amount paid by banks or financial institutions in respect of this service; and if he will make a statement on the matter. [24694/09]

The number of cash in transit escorts provided by the Defence Forces in 2008 was 2,210 involving a total of some 232,235 personnel hours by the Army and the Air Corps.

In accordance with the agreement I made with the Irish Banking Federation in 2005, the banks were invoiced for the full share of the cost incurred by the Defence Forces in providing a cash escort service to the banks. The total amount for 2008 was €7.45m. The payment was received in full in my Department on 2 June 2009.

National Emergency Plan.

Charlie O'Connor

Ceist:

73 Deputy Charlie O’Connor asked the Minister for Defence if, as chairman of the Taskforce on Emergency Planning, his plans to continue the programme of major simulated exercises; when the next major simulated exercise is due to be run; the scenario that will be simulated; and if he will make a statement on the matter. [24577/09]

As chairman of the Government Task Force on Emergency Planning, I have stressed, on many occasions, the importance that I attach to departments and key public authorities having structured exercise programmes in place.

I believe that the development of these programmes is essential in order to refine and develop the arrangements that exist to improve them through review and revision, and to generally provide the basis for an increased confidence in the emergency planning process.

The Deputy will be aware that specific responsibility for emergency planning functions remains with the relevant lead government department and it is a matter for each department to implement its own structured exercise programme.

Departments have submitted details of their exercise plans for the current year. These are strategic exercises and include table-top and live exercises. Exercises planned for June/July include reviewing emergency procedures in respect of an incident at a SEVESO site (an industrial site falling within the terms of EU Council Directive dealing with dangerous substances, commonly referred to as Seveso II Directive) and testing procedures under the National Emergency Plan for Nuclear Accidents. The Irish Coast Guard, in cooperation with the Emergency Services, plans to hold a number of exercises over the summer, testing search and rescue techniques and promoting public awareness and water safety.

Also, an exercise was held recently to test the communications links between government departments and the National Emergency Coordination Centre.

Question No. 74 answered with Question No. 59.

Defence Forces Training.

Seán Connick

Ceist:

75 Deputy Seán Connick asked the Minister for Defence the number of paid training man days available to the Reserve Defence Forces in 2008 and 2009; the number of man days he expects to be utilised in 2009; and if he will make a statement on the matter. [24661/09]

During 2008, 4,321 Reservists availed of paid training utilising a total of 81,172 man-days. The budgetary provision for paid training was €7.3 million with an outturn of €6.604 million.

The budgetary provision for paid training in 2009 is €4.963m. This will provide for approximately 60,000 paid training man-days and is sufficient to ensure that all current members of the Army Reserve and Naval Service Reserve are afforded the opportunity to avail of paid training this year.

I have been informed by the military authorities that it is anticipated that the provision for 2009 will be utilised in full.

Overseas Missions.

Willie Penrose

Ceist:

76 Deputy Willie Penrose asked the Minister for Defence the position regarding participation by the Defence Forces in EU battle groups; and if he will make a statement on the matter. [24704/09]

Ireland participated in the Nordic Battlegroup (NBG), which was on standby from 1 January 2008 to 30 June 2008. The other members of the Nordic Battlegroup were Sweden, acting as Framework Nation, Finland, Norway and Estonia. The Defence Forces contribution to the NBG was an Explosive Ordnance Disposal and Improvised Explosive Device Disposal (EOD/IEDD) contingent with its own security detail. Battlegroups have been on standby in the European Union since 1 January 2007. To date no Battlegroup has been deployed.

With regard to Ireland's participation in future Battlegroups, we are committed in principle to participation in the Nordic Battlegroup (NBG), which will be on stand-by for the first six (6) months of 2011. Other contributors to the Nordic Battlegroup are Sweden, acting as Framework Nation, Finland, Norway and Estonia.

Informal discussions have also taken place between staff in the Department of Defence and representatives from Austria, Germany, Czech Republic, Croatia and the Former Yugoslav Republic of Macedonia (FYROM) regarding Ireland's possible participation in the proposed Austrian/German Battlegroup. This Battlegroup will be on stand-by for the second six (6) months of 2012. Government approval will be required before participation in either Battlegroup is finalised.

Departmental Expenditure.

Emmet Stagg

Ceist:

77 Deputy Emmet Stagg asked the Minister for Defence the expected breakdown of the €4.372 million in professional, consultant and specialist fees in the medical treatment of military personnel; and if he will make a statement on the matter. [24706/09]

Based on the outturn in 2008, the estimated breakdown of the provision of €4.372 million in subhead F of the 2009 Defence Estimate for Professional Consultants' and Specialists' fees is as follows:

€m

GP services

1.8

Dental services

1.4

Medical Consultancy

0.7

Physiotherapy

0.5

Cyber Warfare.

Liz McManus

Ceist:

78 Deputy Liz McManus asked the Minister for Defence the action taken by him to bring the national capacity for defence against cyber warfare up to the required standard; and if he will make a statement on the matter. [24701/09]

Cyber security, cyber crime and internet security represent challenges that are constantly evolving and require vigilance and appropriate responses. Cyber security is multi facetted. The nature of the threat and the potential impact also varies considerably depending on the approach and objective of those with malicious intent.

In the first instance, each State agency, business and individual should take every precaution with regard to their security. Awareness of security, the risks and available safeguards, can be seen as the first line of defence for the security of information systems and networks. I am aware of considerable activity in this regard. My colleague the Minister for Communications, Energy and Natural Resources has undertaken a number of awareness campaigns aimed at individuals, SMEs , the education sector, the public Sector and business. My colleague the Minister for Justice and the Garda Síochána are also active in areas such as cyber crime and cyber bullying. The legislative programme includes the Criminal Justice (Cybercrime and Attacks against Information Systems) Bill, being prepared by the Department of Justice. This Bill gives effect to the Council of Europe Convention on Cybercrime as well as to the EU Framework Decision on attacks against Information Systems.

My Department and the Defence Forces focus on the risks and threats arising in the context of the roles laid down by Government for the Defence Forces. My Department and the Defence Forces implement a programme of continuous review in relation to ICT security in order to keep up to date with current threat levels. This risk assessment is carried out by a high-level Board comprising civil and military personnel and is supported by sub-groups who carry out specific reviews where a security risk is identified. Detailed policies and guidelines are provided to all users of ICT systems and considerable resources are invested in assessing weaknesses and protecting systems against cyber attack and malicious security breaches. I would also point out that the Defence Forces take comprehensive measures with regard to the security of their information and communications systems when deployed, in Ireland and overseas. Details of measures taken are not publicised for security reasons, but given the levels of upgrading and increased protection put in place in recent years, the vulnerability to such attacks has been greatly minimised.

Question No. 79 answered with Question No. 46.
Question No. 80 answered with Question No. 50.

Defence Forces Deployment.

Bernard J. Durkan

Ceist:

81 Deputy Bernard J. Durkan asked the Minister for Defence if it is intended to upgrade coastal air and sea surveillance in line with best international practice; and if he will make a statement on the matter. [24758/09]

Bernard J. Durkan

Ceist:

380 Deputy Bernard J. Durkan asked the Minister for Defence if the Naval and Air Corps strength is adequate to combat drug or people trafficking activities off the coasts; if coastal surveillance is adequate in all circumstances; and if he will make a statement on the matter. [25241/09]

Bernard J. Durkan

Ceist:

384 Deputy Bernard J. Durkan asked the Minister for Defence his plans to upgrade or extend air and sea coastal surveillance with a view to combating drug based criminality; and if he will make a statement on the matter. [25245/09]

I propose to take Questions Nos. 81, 380 and 384 together.

The Naval Service provides the maritime element of the Defence Forces and has a general responsibility to meet contingent and actual maritime defence requirements. The Naval Service operates eight general purpose patrol ships. All eight ships are involved in coastal and offshore patrolling and surveillance for the State in that part of the seas where State jurisdiction applies. The Naval Service intends to further enhance its surveillance capabilities by utilising both Automatic Identification Systems (AIS) and Long Range Identification and Tracking (LRIT) which identify merchant shipping in and approaching Irish waters.

The primary day-to-day tasking of the Naval Service is to provide a fishery protection service in accordance with the State's obligations as a member of the European Union. However, as the need arises, Naval Service vessels are deployed to other duties such as aid to the civil power, search and rescue or recovery, and drug interdiction operations.

The current Exclusive Fishery Limits extend to 200 miles offshore and cover an area of 132,000 nautical square miles. The Naval Service currently patrols the entire 200 mile limit and periodically patrols beyond these limits to protect specific fisheries. These patrols are carried out on a regular and frequent basis and are directed to all areas of Irish waters as necessary. The number of Patrol Vessels on patrol in Irish waters at any one time varies between three and eight. The Naval Service is committed to having at least three vessels on patrol within the Irish Exclusive Economic Zone at any one time. All vessels are multi-tasked in the sense that they also undertake general surveillance, security and other duties while on patrol.

Naval Service patrols are complemented by assistance provided by the Air Corps. The Air Corps Maritime Squadron carries out aerial surveillance of our Exclusive Economic Zone using the two CASA maritime patrol aircraft.

The Irish Coast Guard has overall responsibility for the provision of maritime Search and Rescue services within the Irish Search and Rescue region. In accordance with the roles assigned to them by Government in the White Paper on Defence, the Defence Forces are committed to providing support to the civil authorities including in relation to Search and Rescue. In this regard, the Naval Service and Air Corps provide support to the Coast Guard as the need arises and within their available capability.

Responsibility for the prevention of drug trafficking rests primarily with the Customs Service of the Revenue Commissioners. Responsibility for the prevention of crime, including people trafficking, rests primarily with An Garda Síochána. However, the White Paper on Defence provides for a security role for the Naval Service and the Air Corps to assist and support the civil authorities in this important work.

Government measures to improve law enforcement in relation to drugs, including the establishment in 1993 of a Joint Task Force involving An Garda Síochána, the Customs Service and the Naval Service, have helped to maximise the effective use of Naval Service resources in combating drug trafficking. The Air Corps provide air support and, on occasion, carry the Customs National Drugs Team in an observational capacity for the purpose of monitoring vessels suspected of drug trafficking and other illegal activities. There is close co-operation between the civil authorities and the Naval Service and the Air Corps in discharging this important mission.

I am satisfied that the Permanent Defence Force is fully resourced to meet all its operational requirements. There are no plans, nor is there any requirement to increase the authorised strength of the Defence Forces having regard to their assigned roles including in relation to the support they provide in the areas of search and rescue, coastal surveillance, drug interdiction or people trafficking.

Defence Forces Promotions.

Mary Upton

Ceist:

82 Deputy Mary Upton asked the Minister for Defence the position regarding promotions which had reached the medical stage on 27 March 2009; and if he will make a statement on the matter. [24717/09]

The implications and implementation of the recent Government Decision on savings measures on public service numbers are currently under consideration in my Department.

While the restriction on recruitment, promotion and payment of allowances for the performance of duties of a higher grade applies to the Defence Forces across the board, questions have arisen in relation to a number of issues and particular cases, including the impact on promotion competitions which had advanced to the medical stage. Officials from my Department and the Military authorities are working together to clarify all the issues arising. Meetings have taken place with the Representative Associations (PDFORRA and RACO) in an effort to establish the full range of issues requiring clarification.

Question No. 83 answered with Question No. 50.

Overseas Missions.

Thomas P. Broughan

Ceist:

84 Deputy Thomas P. Broughan asked the Minister for Defence the number of claims currently initiated by serving or former members of the Defence Forces in respect of post traumatic stress syndrome arising from service abroad; if an estimate is available of the potential liability in respect of these claims; and if he will make a statement on the matter. [24688/09]

The position is that my Department currently has approximately 38 personal injury claims primarily alleging Post Traumatic Stress Disorder arising from service abroad. 10 of these cases are currently in the process of being discontinued as no formal proceedings have been received.

An estimate of the potential liability of quantum in relation to PTSD claims is difficult to predict. This is due to the fact that each case is judged on its own merits and accordingly, it is not possible to estimate the value of each claim.

Question No. 85 answered with Question No. 46.

Defence Forces Allowances.

Peter Kelly

Ceist:

86 Deputy Peter Kelly asked the Minister for Defence when he expects the discussions with representative associations regarding the future of border duty allowance to be brought to a conclusion; and if he will make a statement on the matter. [24573/09]

The review of Border Duty allowance has been the subject of negotiations between the Department and the Representative Association under the Conciliation and Arbitration Scheme (C&A scheme) for members of the Permanent Defence Forces. The matter has now been sent for Adjudication which is scheduled for Wednesday 8th July 2009.

The Deputy will appreciate that as discussions under the C&A scheme are confidential to the parties involved it would not be appropriate for me to comment further on the matter at this time.

Question No. 87 answered with Question No. 67.

Defence Forces Retirement.

Noel O'Flynn

Ceist:

88 Deputy Noel O’Flynn asked the Minister for Defence if he will comment on the recent retirement of a person (details supplied); and if he will make a statement on the matter. [24663/09]

Lt Gen Pat Nash who recently retired has had a long and distinguished career in Óglaigh na hÉireann — the Irish Defence Forces.

His contribution is perhaps best captured in the Citation from the Distinguished Service Medal that I very recently awarded to General Nash following his successful leadership of the EUFOR mission in Chad. This read: "For distinguished service as Operational Commander of the UN mandated EUFOR TCHAD / RCA Mission, which he led, from initiation to successful conclusion, displaying throughout outstanding qualities of leadership, resourcefulness, resolve and devotion to duty. His leadership, coupled with his diplomatic, communication and negotiation skills, was central to the success of this mission, and earned him widespread praise internationally thereby greatly enhancing the reputation of the Defence Forces in Peace Support operations"

General Nash enlisted in the Defence Forces on 19th October 1964 and was commissioned on 26th September 1966. He served in numerous appointments beginning in the 1st Motor Squadron in 1966 and eventually rising to the post of Deputy Chief of Staff (Operations) in 2005.

During his time in the Defence Forces, General Nash served overseas on many occasions and in many locations including, Cyprus, Lebanon and Yugoslavia. His service in these Peacekeeping operations has also been recognised in the range of Decorations that have been awarded to him. Notable among these is the recent award of the "Officier De La Legion d'Honneur".

I wish General Nash every health and happiness in his well-earned retirement.

Asgard II Replacement Vessel.

Michael D. Higgins

Ceist:

89 Deputy Michael D. Higgins asked the Minister for Defence if it is intended to proceed with plans for the replacement of the Asgard II with a new steel hulled vessel; if estimates are available as to the potential cost; when tenders will be sought; and if he will make a statement on the matter. [24695/09]

It is my intention to proceed with plans to replace Asgard II. In that regard, I am at present in discussions with my colleague, the Minister for Finance, regarding the funding arrangements for the new vessel. It is proposed that the new vessel will be a steel hulled vessel similar in design to Asgard II.

A firm estimate of the cost of a new vessel is not available at this stage. It is expected that tenders will be sought before the end of the year.

Question No. 90 answered with Question No. 59.
Question No. 91 answered with Question No. 32.
Question No. 92 answered with Question No. 41.
Question No. 93 answered with Question No. 39.

Quarterly National Household Survey.

Joe McHugh

Ceist:

94 Deputy Joe McHugh asked the Taoiseach the number of employed people living here aged over the age of 55 years; the number of unemployed people living here aged over 55 years; and if he will make a statement on the matter. [24461/09]

The Quarterly National Household Survey (QNHS) is the official source of estimates of the number of persons in employment and unemployed. The latest available figures relate to the fourth quarter of 2008. These figures showed an estimated 275,300 persons over 55 years in employment and an estimated 10,500 over 55 unemployed. The next QNHS (first quarter 2009) is due for release on Thursday, 25 June 2009.

Number of persons over 55 in employment in Ireland (ILO classification)

Quarter 4 (September-November) 2008

Number of persons ’000

275.3

Number of persons over 55 unemployed in Ireland (ILO classification)

Quarter 4 (September-November) 2008

Number of persons ’000

10.5

Source: CSO Quarterly National Household Survey.

Social Welfare Benefits.

Joanna Tuffy

Ceist:

95 Deputy Joanna Tuffy asked the Taoiseach the breakdown in tabular form of the gender and age profile of persons who are currently in receipt of jobseeker’s benefit and jobseeker’s allowance; and if he will make a statement on the matter. [24785/09]

The Live Register series gives a monthly breakdown of the number of people claiming Jobseekers Benefit, Jobseekers Allowance and other registrants as registered with the Department of Social and Family Affairs. Figures are published on a monthly basis by gender, scheme and age (under and over 25). The most recent information available is for May 2009.

Category

Under 25

Over 25

Total

Males

JB Claims

18,378

105,634

124,012

JA Applications

36,220

102,568

138,788

Other Registrants

97

4,168

4,265

Total

54,695

212,370

267,065

Females

JB Claims

9,345

59,900

69,245

JA Applications

20,262

31,126

51,388

Other Registrants

146

9,027

9,173

Total

29,753

100,053

129,806

All Persons

JB Claims

27,723

165,534

193,257

JA Applications

56,482

133,694

190,176

Other Registrants

243

13,195

13,438

Total

84,448

312,423

396,871

Source: CSO Live Register.

Departmental Advertising.

Leo Varadkar

Ceist:

96 Deputy Leo Varadkar asked the Taoiseach if agencies, boards, quangos or other bodies within the remit of his Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by his Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, online advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if he will make a statement on the matter. [24976/09]

Leo Varadkar

Ceist:

97 Deputy Leo Varadkar asked the Taoiseach if his Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by his Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if he will make a statement on the matter. [24991/09]

I propose to take Questions Nos. 96 and 97 together.

No such advertising campaigns have been carried out by my Department or its agencies during the first six months of 2009.

CSO Data Requirements.

Seán Ó Fearghaíl

Ceist:

98 Deputy Seán Ó Fearghaíl asked the Taoiseach his views on correspondence (details supplied) regarding the requirements which the Central Statistics Office places on small businesses; and if he will make a statement on the matter. [25053/09]

The Deputy's question was accompanied by correspondence which contained information on an individual enterprise. The Central Statistics Office (CSO) cannot comment on matters relating to an individual enterprise.

Ireland is obliged under EU law to provide extensive data on business activity to the European Commission and the European Central Bank (Appendix 1 details the main legal obligations). The CSO is the government body mandated to supply these data requirements. In addition, the CSO fulfils data demands from other international bodies such as the OECD and the UN, and also from national users such as government, the social partners, economists, and universities. In the majority of cases, such data requirements cannot be fulfilled by drawing on administrative sources (such as other government bodies) and must be obtained by conducting statistical inquiries directly to businesses.

The Government has set a target of reducing administrative burden on business by 25% by 2012. The Department of Enterprise, Trade and Employment is co-ordinating the Government programme to measure and reduce administrative burdens. As part of this overall effort, the CSO has identified the most burdensome regulations and surveys on business and is devoting resources to the Government programme to measure and reduce these administrative burdens.

The CSO recognises that statistical surveys impose an administrative burden on those businesses, particularly small businesses, which are included in surveys.

In its Statement of Strategy 2008-2010, the Central Statistics Office (CSO) identified as a corporate priority the minimising of response burden on CSO inquiry respondents. To achieve this, the CSO is taking a number of actions, including increasing the use of electronic reporting methods, adopting better sampling techniques, increasing the co-ordination between surveys, and making greater statistical use of administrative records. A number of burden-reduction measures have already been implemented. These include reducing sample sizes, reducing the number of questions asked on inquiry forms, instigating changes to payroll software to facilitate the automated completion of inquiries on employment and earnings, and expanding the use of administrative data, especially that of the Revenue Commissioners.

In the context of the overall administrative burden imposed by government regulation, it should be noted various studies suggest that the burden imposed by statistical inquiries is relatively low and only accounts for around 2% of the overall administrative burden. Eurostat studies also show that the statistical burden imposed on businesses in Ireland is consistent with that of other EU member states of a similar size. In the 2006 Business Regulation Survey, conducted by the Economic and Social Research Institute on behalf of the Department of the Taoiseach, 9.4% of businesses reported that making CSO returns was a heavy burden, while 1% of businesses identified CSO returns as the single most significant administrative burden on their business.

Appendix 2 presents figures on the reporting burden imposed on Irish business by the CSO, as taken from the Report on Response Burden placed on Irish Businesses by CSO inquiries in 2008 (published on 23 June 2009):-in 2008, less than one-third (32.8%) of Irish business enterprises were surveyed by the CSO, i.e., more than two-thirds of enterprises did not receive a single CSO inquiry form. If the total number of CSO inquiry forms issued in 2008 is divided by the population of business enterprises, the resulting average is 1.3 CSO inquiry forms received per enterprise. In terms of the time expended on completing CSO inquiries, and again based on the entire population of Irish business enterprises, on average each enterprise spent less than one hour (54.5 minutes) in responding to the various CSO inquiries issued in 2008. These figures are based on time information supplied by business enterprises themselves in returning the inquiry forms. (Refer to Appendix 2 Table A.)

In terms of the distribution of CSO inquiry forms by size of business, the figures in this report demonstrate the efforts made by the CSO to limit the response burden on small businesses. In 2008, just over 70% (70.6%) of Irish businesses employing less than 20 people were not surveyed at all by the CSO (i.e., received no CSO inquiry form), while 20% (20.2%) of businesses in this size category received just one CSO inquiry form; this means that more than 90% of businesses in the smallest size category received a maximum of one CSO inquiry form in the course of 2008. Overall, more than two-thirds (67.2%) of Irish businesses were not surveyed at all by the CSO in 2008. (Refer to Appendix 2 Table B.)

Appendix 1 — Primary EU Statistical legislation

(1) Regulation (EC) No. 1166/2008 of the European Parliament and of the Council of the 19 November 2008 on the farm structure surveys and the survey on agricultural production methods and repealing Council Regulation (EEC) No. 571/88.

(2) Regulation (EC) No. 1165/2008 of the European Parliament and of the Council of the 19 November 2008 concerning livestock and meat statistics and repealing Council Directives 93/23/EEC, 93/24/EEC and 93/25/EEC.

(3) Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 14 November 2008 on energy statistics.

(4) Regulation (EC) No. 295/2008 of the European Parliament and of the Council of 11 March 2008 concerning structural business statistics (recast).

(5) Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 establishing a common framework for business registers for statistical purposes and repealing Council Regulation (EEC) No 2186/93.

(6) Regulation (EC) No 1445/2007 of the European Parliament and of the Council of 11 December 2007 establishing common rules for the provision of basic information on Purchasing Power Parities and for their calculation and dissemination.

(7) Regulation (EC) No 716/2007 of the European Parliament and the Council of 20 June 2007 on Community Statistics on the Structure and Activity of foreign affiliates.

(8) Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90.

(9) Council Regulation (EC) No. 701/2006 of April 2006 Laying down the detailed rules for the implementation of Regulation (EC) No. 2494/95 as regards the temporal coverage of price collection in the harmonised index of consumer prices.

(10) Regulation (EC) No. 1158/2005 of the European Parliament and of the Council of 6 July 2005 amending Council Regulation (EC) No. 1165/98 of 19 May 1998 concerning short term statistics.

(11) Regulation (EC) No. 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community Statistics on the information society.

(12) Commission Regulation (EC) No 642/2004 of 6 April 2004 on precision requirements for data collected in accordance with Council Regulation (EC) 1172/98 on statistical returns in respect of the carriage of goods by road.

(13) Directive 2003/107/EC of the European Parliament and of the Council of 5 December 2003 amending Council Directive 96/16/EC on statistical surveys of milk and milk products.

(14) Regulation (EC) No 138/2004 of the European Parliament and of the Council of 5 December 2003 on the economic accounts for agriculture in the Community.

(15) Decision No 1608/2003/EC of the European Parliament and of the Council of 22 July 2003 concerning the production and development of Community statistics on science and technology.

(16) Regulation (EC) No. 437/2003 the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers freight and mail by air.

(17) Regulation (EC) No. 91/2003 the European Parliament and of the Council of 16 December 2002 on rail transport statistics.

(18) Regulation (EC) No. 2056/2002 of the European Parliament and of the Council of 5 November 2002 amending Council Regulation (EC, Euratom) No. 58/97 concerning SBS.

(19) Decision No 1919/2002/EC of the European Parliament and of the Council of 21 October 2002 amending Council Decision 96/411/EC on improving Community agricultural statistics.

Other regulations that have an indirect impact

(1) Regulation (EC) No. 184/2005 of the European Parliament and of the Council on Community statistics concerning Balance of Payments, International Trade in Services and Foreign Direct Investment.

Appendix 2 — Figures on the reporting burden imposed on Irish business by the CSO (from the Report on Response Burden placed on Irish Businesses by CSO inquiries in 2008)

Table A: Business enterprise surveys — forms issued and forms returned, time taken to complete returns

2007

2008**

Total number of CSO Business Surveys

30

31

Total number of forms issued

367,374

362,597

Total number of forms returned

275,638

266,757

Average No. of forms received by an enterprise

1.3

1.3

Average No. of forms returned by an enterprise

1

1

% of enterprises surveyed

42.7

32.8

% of enterprises responding

27.5

21.1

Total number of hours to complete returns*

270,170.50

250,854.70

Average number of minutes to complete a return*

62.7

58.7

Average number of minutes taken to complete these CSO returns per unit of enterprise population*

59.5

54.5

*Excludes the Business Profile Inquiry, the Quarterly Survey of Construction, and the Balance of Payments inquiries, which currently do not collect information on minutes taken to complete the inquiry form.

**Preliminary.

Table B: Distribution of Forms Issued, by Size of Business

Year

% of Population Receiving Forms

0 Forms

1 Form

2-4 Forms

5-9 Forms

10-19 Forms

20 or more Forms

Total

2008

Less than 20 persons engaged

70.6

20.2

5.6

0.9

2.3

0.4

100

20-49 persons engaged

12.8

17.9

21.1

24.2

12.2

11.7

100

50 or more persons engaged

2.9

9.7

16.8

23.3

24.8

22.5

100

All employment groups

67.2

19.9

6.4

2.2

3.2

1.2

100

Community Employment Schemes.

Joe McHugh

Ceist:

99 Deputy Joe McHugh asked the Tánaiste and Minister for Enterprise, Trade and Employment the length of time criteria for a person (details supplied) in County Donegal who was made redundant on 31 December 2008 and is willing to participate in a community employment scheme in June 2009; and if she will make a statement on the matter. [25051/09]

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 one 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 three 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 one and six years.

To cater for older workers in particular, in November 2004 the standard three year CE cap was revised to allow those of 55 years of age and over to avail of a six-year period on CE (based on participation since 3 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 one 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.

Banking Sector.

Brendan Howlin

Ceist:

100 Deputy Brendan Howlin asked the Tánaiste and Minister for Enterprise, Trade and Employment if, in the case of a person (details supplied) in County Wexford, the owner of two fishing trawlers who has been refused funding by their bank, her attention has been drawn to the fact that without a bank loan to fund the survey which is required to obtain a certificate of compliance in order that their fishing licence can be renewed in October 2009, the only option will be to attempt to sell one vessel in the currently depressed market, with consequent loss of four jobs; if she will offer assistance or advice which would resolve this person’s dilemma in order that jobs could be retained; and if she will make a statement on the matter. [24445/09]

The Government's efforts over recent months in addressing the banking sector have had a central focus on the needs of the wider economy including the enterprise sector. A proper functioning banking sector is central to our economic recovery, as this will facilitate appropriate lending to our entrepreneurs, especially to SMEs.

There are instances being reported of viable businesses being refused credit and some representative bodies are suggesting such refusals are in the majority. As against this, banks reporting refusals are slight and that falling demand for credit accounts for reduced lending levels. There is a perception that there is limited credit availability and this can be damaging at a time of fragile business and consumer confidence.

As part of the banks' recapitalisation package, the Government decided to have an independent review of bank lending to try to have an objective assessment of the current lending situation. This process is under way and although originally only the two recapitalised banks agreed to participate and fund the review, now all the six leading banks are engaged in the project. The results of this review will be available at the end of this month and this should allow all stakeholders have an objective view of the state of lending.

The recapitalisation package also included many supports for enterprises and SMEs in particular. The recapitalised banks have committed to increasing their lending capacity to SMEs by 10% over 2008. Irish SMEs are covered by the Code of Conduct on Business Lending to SMEs. This code was published by the Financial Regulator and came into effect from 13 March 2009. Lenders covered by the code are required to offer their customers an option for an annual review meeting, to include all credit facilities and security, including collateral. Banks are also required to treat all credit applications on their merits, to inform customers of the basis for decisions made and to have written procedures for the proper handling of complaints. Where a customer gets into difficulty the banks will seek to agree an approach to resolve problems and provide reasonable time and appropriate advice. Entrepreneurs applying for bank facilities, therefore, have a direct means to enquire from their banks why lending decisions are being made and to challenge any unreasonable terms being applied through the formal complaints procedure. Responsibility for the operation of the code rests with the Financial Regulator. Three banks are providing funding for SMEs on foot of €300 million facilities provided by the European Investment Bank to assist developing SMEs. A €100 million environmental and clean energy innovation fund is also being established by each bank as well as a further €15m each to new or existing seed capital funds.

The Minister for Finance and I have also established a Credit Supply Clearing Group with bank, business (including ISME and SFA) and State representation. This group is responsible for identifying patterns of events where the flow of credit to viable businesses appears to be blocked and for seeking to identify credit supply solutions relating to these patterns. The group is however, not an appeals mechanism for cases where credit has been refused by the banks. Individual business decisions remain the responsibility of the banks.

The group met for the first time on 28 May 2009 and will next meet following the conclusion of the Independent Review of Bank Credit.

Government has now introduced formal arrangements to reduce the payment period by central Government Departments to their business suppliers from 30 to 15 calendar days. This commitment has effect on all valid invoices received on and from 15 June 2009 and should help ease cash flow difficulties for SMEs. Individuals who have difficulty in getting access to bank credit should approach their banks to ascertain the reason for such refusals and should consider to what extent the relevant bank is operating within the Code of Conduct on Business Lending to SMEs. If the Deputy is aware of any pattern of events within the fishing sector where the flow of credit to viable business appears to be blocked, information on these patterns can be sent to the Credit Supply Clearing Group care of my Department.

Departmental Expenditure.

Leo Varadkar

Ceist:

101 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the amount that was spent on paying delegates’ allowance to officials travelling abroad to meetings for each of the past three years; her views on whether such payments are appropriate in view of the current economic situation. [24521/09]

The amount paid by my Department in Delegate's Allowance for each of the past three years was as follows: 2006: €169,319.17; 2007: €158,526.38; 2008: €150,521.95. The amount paid by my Department in delegate's allowance from 1 January to 31 May this year was €63,878.68. Delegate's allowance is paid where an officer travels abroad as a member of a delegation representing Ireland at a meeting of the EU or other international organisation, or at a meeting with representatives of another Government or Governments.

The provisions governing the payment of delegate's allowance are determined centrally by the Department of Finance.

Employment Support Services.

Tom Hayes

Ceist:

102 Deputy Tom Hayes asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of jobs clubs here; the number of clients they have dealt individually with the breakdown for each area for each of the past three years; and if she will make a statement on their role in tackling unemployment. [24600/09]

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, 6,417; 2007, 7,100; 2008, 8,814. I understand that the number of "drop-ins" would be approximately double these figures.

The following table contains a list of throughputs for Job Clubs for 2006 and 2008, a breakdown for 2007 is currently being compiled and will be provided to the Deputy at a later date.

Region

Number of Job Clubs

Total 2006

Number of Job Clubs

Total 2008

South West

4

4

TOTAL

427

410

North West

5

5

TOTAL

486

815

Midlands

9

8

TOTAL

893

896

North East

5

5

TOTAL

546

919

West

4

4

TOTAL

436

447

South East

5

4

TOTAL

538

536

Dublin Region

19

19

TOTAL

2,158

3,928

Mid West Region

8

8

TOTAL

933

863

OVERALL TOTALS

59

6,417

57

8,814

Redundancy Payments.

Michael Creed

Ceist:

103 Deputy Michael Creed asked the Tánaiste and Minister for Enterprise, Trade and Employment if a person (details supplied) in County Cork is entitled to statutory redundancy; and if she will make a statement on the matter. [24636/09]

My Department has no record of an application for statutory redundancy in the case of the individual concerned. Under the redundancy payments scheme all eligible employees are entitled to a statutory redundancy lump sum payment on being made redundant. A redundancy situation arises in general where an employee's job no longer exists and he/she is not replaced. An employee is entitled to two weeks pay for every year of service, plus a bonus week, subject to a maximum of €600 gross weekly pay. It is up to the employer concerned in the first instance to determine whether or not in fact a redundancy situation obtains and to notify my Department using an RP 50 form which can be downloaded from the Department's website at www.entemp.ie.

Work Permits.

Michael D. Higgins

Ceist:

104 Deputy Michael D. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment the progress made with regard to proposed changes in the work permits system; if she is in receipt of correspondence from persons seeking a postponement of such at least until such time as a proper review of its impacts be carried out and alternative approaches be considered; and if she will make a statement on the matter. [24645/09]

The revised employment permit arrangements that I announced in April 2009 came into effect as scheduled on 1 June. The introduction and implementation of these changes were the subject of representations from, and consultations with interested parties.

My Department will monitor the operation of the employment permit arrangements on an ongoing basis, in consultation with relevant parties, to ensure their effective operation and to address any issues that arise.

Ministerial Travel.

Terence Flanagan

Ceist:

105 Deputy Terence Flanagan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of overseas visits by her and her predecessor for each of the past five years; the months in which these visits occurred; and if she will make a statement on the matter. [24904/09]

The information sought by the Deputy on the number of overseas visits for each of the past five years and the months in which the visits occurred is presented in tabular form as follows:

2004

Ms Mary Harney TD to September

Mr. Micheál Martin TD from September

Month

No. of visits

June

4

July

4

August

September

1

October

1

November

2

December

1

2005

Mr. Micheál Martin TD

Month

No. of visits

January

2

February

1

March

1

April

3

May

1

June

2

July

1

August

September

1

October

2

November

2

December

2006

Mr. Micheál Martin TD

Month

No. of visits

January

February

2

March

2

April

May

1

June

1

July

2

August

September

2

October

2

November

3

December

2007

Mr. Micheál Martin TD

Month

No. of visits

January

1

February

2

March

April

May

June

1

July

August

September

2

October

3

November

1

December

2008

Mr. Micheál Martin TD to May

Tánaiste from May

Month

No. of visits

January

1

February

2

March

2

April

2

May

1

June

July

1

August

September

October

1

November

3

December

2

2009

Tánaiste

Month

No. of visits

January

1

February

March

1

April

2

May

2

June to date

1

Work Placement Programme.

Leo Varadkar

Ceist:

106 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Work Placement Programme announced on 27 of May 2009 has been filled; the number of applications received for both schemes; the sectors within which the successful applicants have been placed; and if she will make a statement on the matter. [24953/09]

The Work Placement Programme was jointly launched by the Minister for Social and Family Affairs, Deputy Mary Hanafin, and I on 27 May last. My Department and FÁS are co-operating closely in relation to its roll-out. Under the programme there are two streams each consisting of 1,000 places of six months duration. The first stream is for graduates who before this year have attained a full award at level seven or above on the National Framework of Qualifications and who have been receiving Job Seeker's Allowance for the last six months. The second stream is open to all other individuals who have been receiving Job Seeker's Allowance for the last six months.

To date 106 people have made applications under both streams, 76 under the graduate placement programme and 30 under the programme which is open to all other individuals. In terms of employer interest, FÁS have received 108 requests for information and 27 employers have been registered. As FÁS are currently in the process of managing placements under both programmes it is too early in the process to provide specific information on placements by sector at this time.

I am determined that placements under both programmes are organised as quickly as possible to ensure that the valuable work experience opportunities which they offer are available to all who wish to avail of them.

Leo Varadkar

Ceist:

107 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason persons must be on the live register for six months in order to be eligible for the Work Placement Programme; and if she will make a statement on the matter. [24954/09]

The Work Placement Programme is a six-month work experience programme for 2,000 individuals who are currently unemployed.

The objective of the Work Placement Programme is to provide invaluable work experience for unemployed persons, including graduates, to improve their skills and to help them into employment as soon as possible. Specifically focusing on persons who have been on the live register for a period of at least six months ensures that participants have been allowed every opportunity to actively search for employment and, if not successful, benefit from the full range of training suites available from FÁS. This, in turn, ensures that participants are job ready, will make the most of their work placement and are better placed to avail of new job opportunities when they become available.

EU Funding.

Jan O'Sullivan

Ceist:

108 Deputy Jan O’Sullivan asked the Tánaiste and Minister for Enterprise, Trade and Employment if, as indicated in the reply to Parliamentary Question No. 72 of 9 June 2009, she has submitted an application to the European Commission under the European Globalisation Adjustment Fund in relation to redundancies at a plant (details supplied) in County Limerick; the amount of money applied for; if she will provide all other information available with regard to the application; and if she will make a statement on the matter. [24957/09]

I submitted an application to the European Commission on 19 June 2009 under the European Globalisation Fund seeking co-financing assistance for jobsearch, training and education supports for workers being made redundant at the Dell plant in Raheen, Limerick and in other local companies that have experienced consequential redundancies.

The EGF application must be assessed by Commission experts and thereafter approved by the full European Commission whereupon it will be forwarded for sanction for payment of the approved level of co-financing to the European Council and the European Parliament. This process will take some months to complete in full. The amount of funding to be allocated from the Fund will be decided by the European Commission; while the final amount accruing to the Exchequer will be determined by the numbers availing of training under the scheme.

CSO Data Requirements.

Leo Varadkar

Ceist:

109 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if the process of identifying the information obligations imposed on businesses has been completed; if so, the information obligations by the Department or agency which imposes them; and if she will make a statement on the matter. [24960/09]

My Department is charged with leading the cross-Government drive to reduce administrative burdens on business. We are doing this in a prioritised way, drawing on the experiences of other Member States who are also involved in this international effort. Departments are currently identifying the "Information Obligations", contained in their legislation, likely to be causing the biggest burdens for business.

When the top Information Obligations have been identified, these priorities will be measured and, following this, simplification plans will be developed, detailing how the reductions are to be carried out. Work is now well advanced in my own Department in measuring information obligations in Company Law, Employment Law, and Health & Safety Law.

My Department has identified 34 priority Information Obligations across these three areas. Details of these priority obligations are set out below. The priorities were identified through consultation with business groups and experts, and by comparison with the results of the UK measurement exercise. Other Departments are currently listing and prioritising the Information Obligations contained in the legislation under their responsibility.

On 13 of May I met the Director General of CSO, Gerry O'Hanlon, to discuss the issue of administrative costs for business and how we might work together to reduce such costs, where feasible.

In its Statement of Strategy 2008-2010, the Central Statistics Office (CSO) has identified as a corporate priority the minimising of response burden on CSO inquiry respondents. To achieve this, the CSO is taking a number of actions, including increasing the use of electronic reporting methods, adopting better sampling techniques, increasing the co-ordination between surveys, and making greater statistical use of administrative records. A number of burden-reduction measures have already been taken. For example, in the past year, the CSO has instigated changes to payroll software to facilitate the automated completion of the greater part of the Earnings, Hours and Employment Costs (EHECS) inquiry form, reduced the sample sizes of large-coverage surveys such as the Business Register Inquiry, and reduced the number of questions asked in structural surveys such as the Annual Services Inquiry. Another recent development is the publication of the Revenue Statistical Potential of Administrative Records (SPAR) report, which made a number of recommendations as to how the CSO can make greater use of administrative data held by the Office of the Revenue Commissioners; once implemented, these recommendations will contribute significantly to the reduction of the overall administrative burden placed on Irish businesses.

In this connection the Deputy will be interested to know that a report published by the CSO today, dealing with the response burden placed on Irish businesses by CSO inquiries in 2008, shows that the average number of inquiry forms received by a business entity in 2008 was 1.3, and that 93.5% of all firms received four or fewer forms in 2008.

Top Eight Company Law IOs

No.

Obligation

Description

Reference

Compliance

Companies

Source of Initiative

1

Keeping of Books of Account

Every company must keep books of account that correctly record and explain company transactions; that enable the financial position of the company to be determined at any time; that enable the directors to ensure that annual accounts of the Company will comply with the Companies Acts and if applicable the IAS Regulations; and that will enable the company to be readily and properly audited. The books must be continuously and consistently maintained. the books should contain entries of all monies expended and received, a record of assets and liabilities, a record of goods purchased and sold, records of invoices received, statements of stock held by the company, records of services provided and invoices relating thereto. The books must give a true and fair view of the state of the companies affairs and should explain transactions. The books should be kept at the reigstered office or whereever the directors think fit. If kept outside the state returns must be made so that directors know the position of the company with reasonable accuracy. Books, accounts and returns must be available in an official language of the State at all reasonable times for inspection by officers of the company. Records must be maintained for 6 years.

s 202 1990 CA

ongoing

any company

Top Eight Company Law IOs —continued

No.

Obligation

Description

Reference

Compliance

Companies

Source of Initiative

2

Abridged Accounts

Where a company annexes abridged accounts to the annual return required to be sent to the registrar under s 156 1963 CA, they must be signed as required by s 156 and also must contain a statement from the directors that they have relied on the exemptions in ss 10-12 on the grounds the company is either a small or medium sized company and also the auditors report must be sent with the return stating that it is their opinion that the directors are entitled to annex abridged accounts to the return. Such a copy of the auditors report in relation to entitlement to annex abridged accounts to the return must be certified by a director and a secretary to be a true copy of such a report.

s 18 1986 C(A)A

annual

companies availing of the exemptions under ss 10-12 of the 1986 C(A)A

The 1986 C(A)A gives effect to Directive 78/660/EEC. Note: this act does not apply to specific companies- which are laid out in s 2 1986 C(A)A

3

Annual General Meetings

A company must hold a general meeting as its annual general meeting once a year. It is necessary that a meeting which is to be the AGM must be specified as such in any of the notices calling it. .

s 131(1) 1963 CA

annual

all

3

Annual General Meetings

If a general meeting is deemed to be an annual general meeting by resolution, then the company must forward a copy of the resolution to the registrar of companies within 15 days

s 131(3)(4)(5) 1963 CA

annual

all

Top Eight Company Law IOs —continued

No.

Obligation

Description

Reference

Compliance

Companies

Source of Initiative

3

Length of Notice for Calling Meetings

An AGM requires 21 days notice in writing; any other meeting which is not an AGM or a meeting for the passing of a special resoltuion- 14 days notice in writing if the company is not either private or unlimited, 7 days notice in writing if the company is private or unlimited. Note that notice means clear notice- ie exclusive of both the day on which the notice is served and also the day of the meeting.

s 133 (1) 1963 CA; see also Sch 1 Table A Part 1 (51) 1963 CA; Sch 1 Table A Part II (4); Schedule 1 Table C (8) 1963 CA; Sch 1 Table E Part II (4) 1963 CA; see also s 38 1983 C(A)A

recurring

all

3

Notice Of Meetings

Every notice of a meeting of a company must state that members who are entitled to attend and vote can also appoint a proxy to speak and vote in his/her stead. It must be clear that the proxy need not be a member.

s 136 (3) 1963 CA

recurring

any company having a share capital.

3

Notice Of Meetings

Where notice of a meeting is given to the company for the purpose of a resolution requiring extended notice, then the company must give its members notice of the meeting, or if not practicable shall give notice by means of an advertisement in a daily newspaper circulating in the area or by other means allowed in its articles, at least 21 days before the meeting.

s 142 (1) 1963 CA

on event

all

4

Minute Books

Every company must enter minutes of all general meetings, meetings of directors and meetings of committees of directors, in books kept specifically for minutes.

s 145 (1) 1963 CA; Sch 1 Table A Part 1 (89) 1963 CA

ongoing.

all

Top Eight Company Law IOs —continued

No.

Obligation

Description

Reference

Compliance

Companies

Source of Initiative

4

Minute Books

The Director can require the production of the minute books maintained under s 145 (1) for inspection and can also take copies of the contents of the books. Companies and officers of the company are under a duty to facilitate the director here.

s 145 (3A) 1963 CA

on event

all

4

Minute Books

Minute books of any general meeting of the copy must be kept at the registered office of the company and must be available for inspection by any member without charge for at least two hours a day during business hours. A member can request a copy of any such minutes and is entitled to such a copy within 7 days of the request on payment of a small fee.

s 146 (1)(2) 1963 CA

ongoing

all

5

Register of Members.

Every company is obliged to maintain a register of its members which must include their names, addresses, the shares they hold, the amount paid or agreed to be paid on the shares of each member, the date at which person became a member, the date at which any person ceased to be a member. These details must be entered within 28 days of the agreement with the company to become a member, or within 28 days of the company’s registration in the case of a subscriber to the memorandum. Regarding the date at which a person ceases to be a member, this must be entered within 28 days of a person ceasing to be a member. If a company has converted shares into stock and given notice to the registrar, then the register of members must also show the amount of stock each member holds instead of the amount of shares.

s 116 (1)(2)(3)(4) 1963 CA

ongoing

all

Top Eight Company Law IOs —continued

No.

Obligation

Description

Reference

Compliance

Companies

Source of Initiative

5

Register of Members.

The company must keep the Register of Members at its registered office, or at another company office if that is where the work of making it up is done or if a third party maintains the register for the company, it may be kept at their office. However the company cannot keep the register of members outside the state. The company must also give the registrar notice of the place where the register of members is kept and also of any change in that place. However no notice is required where the register has at all times since its creation been kept at the company’s registered office.

s 116(5)(6)(7)(8) 1963 CA

ongoing

all

6

Register of Directors and Secretaries.

Every company must maintain a register of directors and secretaries at its registered office. It should detail the directors’ names, address, date of birth, nationality, occupation, and any other directorships of bodies corporate held, or which have been held by him. Details should include directorships held in the last ten years, but need not include companies which are wholly owned within the same group. Secretaries’ names and addresses should be detailed. Note: Any changes should be entered within 14 days and the registrar of companies must also be notified. (Form B10) Note: The register must be kept open for inspection for at least 2 hours in each day by any member of the company without charge, and by any other person on payment of a small fee. Any person can request a copy of the register on payment of a small fee, the company must furnish that copy within 1- days of their request.

s 195 1963 CA

ongoing.

all

Top Eight Company Law IOs —continued

No.

Obligation

Description

Reference

Compliance

Companies

Source of Initiative

7

Notice of Directors on all Business Letters

Companies must detail the name, any former name and nationality (if not Irish) of every Director on any business letter where the company name appears. (The Minister can grant exemptions)

s 196(1) 1963 CA

ongoing.

any company registered under the 1963 or 1908 Act unless registered before 23/11/1916, any company registered outside the State but with an established place of business in the state unless established before 23/11/1986, any company licensed under the Moneylenders Act 1933.

8

Substantial Contracts etc with Directors and others to be disclosed in accounts.

Where a holding company prepares group accounts under s 150 1963 CA they must contain details of 1) any transaction or arrangement of a kind described in s 31 1990 CA entered into by the company/subsidiary for a person who was at the time a director, director of the holding company or a connected person; 2) any agreement by the company or its subsidiary to enter into any such transaction for a person who was at the time a director, director of the holding company or a connected person; 3) any other transaction with the company or subsidiary in which a person who was at the time a director, director of the holding company and who had a material interest in the transaction either directly or indirectly. Note: This excludes transactions and arrangements between one company and another in which a director is only interested by virtue of being a director; contracts of service between a company and one of its directors or a director of its holding company or one of its subsidiaries; a transaction not entered into during the relevant period and any transaction made before the commencement of this section. Note: ss 42 and 43 detail the particulars to be included where s 41 applies. Note: Arrangements mentioned in s 32(2) are excluded. See s 45 1990 CA.

s 41(1)(6)(7) 1990 CA; see also ss 42 and 43 and 45 1990 CA

on event

companies preparing group accounts under s 150 1963 CA; excludes a company which is a holding company of a bank.

Top Eight Company Law IOs —continued

No.

Obligation

Description

Reference

Compliance

Companies

Source of Initiative

8

Substantial Contracts etc with Directors and others to be disclosed in accounts.

Where a company prepares accounts other than a holding company such accounts must contain details of 1) any transaction or arrangement of a kind described in s 31 1990 CA entered into by the company/subsidiary for a person who was at the time a director, director of the holding company or a connected person; 2) any agreement by the company or its subsidiary to enter into any such transaction for a person who was at the time a director, director of the holding company or a connected person; 3) any other transaction with the company or subsidiary in which a person who was at the time a director, director of the holding company and who had a material interest in the transaction either directly or indirectly. Note: This excludes transactions and arrangements between one company and another in which a director is only interested by virtue of being a director; contracts of service between a company and one of its directors or a director of its holding company or one of its subsidiaries; a transaction not entered into during the relevant period and any transaction made before the commencement of this section. Note: ss 42 and 43 detail the particulars to be included where s 41 applies. Note: Arrangements mentioned in s 32(2) are excluded. See s 45 1990 CA.

s 41(2)(6)(7) 1990 CA; see also ss 42 and 43 and 45 1990 CA

on event

any company preparing accounts other than a holding company, excludes a company which is a holding company of a bank.

Top Eleven Employment Law IOs

No.

Obligation

Description

Reference

Compliance

Businesses

Source of Initiative

Industrial Relations Acts 1946 to 2004

1

Posting of Notices

An employer of any workers shall post in the prescribed manner such notices as may be prescribed for the purpose of informing them of any matter related to an employment regulation order affecting such workers.

s49(2) 1946; see also s7 1976

on event

Does not apply to employers with regard to agricultural workers. Applies to all other employers.

Irish Legislature

National Minimum Wage Act 2000

2

Records

An employer shall keep such records as are necessary to show that each of his or her employees is being paid not less than the minimum hourly rate of pay to which he or she is entitled in accordance with this Act. The records shall be kept at the premises or place where his or her employee works or, if the employee works at two or more premises or places, the premises or place from which the activities that the employee is employed to carry on are principally directed. The records shall be retained for at least 3 years from the date of their making.

s22(1) 2000

on event

all

Irish Legislature

3

Statement of Average Hourly Rate of Pay

An employer shall, upon request from an employee, within 4 weeks after receiving the employee’s request, give to the employee a written statement of the employee’s average hourly rate of pay during any pay reference period falling within the 12 month period immediately preceding the request.

s23(4) 2000

on event

all

Irish Legislature

3

Statement of Average Hourly Rate of Pay

The statement shall contain details of: (1) the reckonable pay components paid or allowed to the employee, (2) the working hours of the employee calculated, (3) the average hourly pay actually paid or allowed to the employee, (4) the minimum hourly rate of pay to which the employee is entitled.

s23(4) 2000

on event

all

Irish Legislature

Top Eleven Employment Law IOs — continued

No.

Obligation

Description

Reference

Compliance

Businesses

Source of Initiative

3

Statement of Average Hourly Rate of Pay

The statement shall be signed and dated by or on behalf of the employer. A copy shall be kept by the employer for a period of 15 months beginning on the date on which the statement was given to the employee.

s23(5) 2000

on event

all

Irish Legislature

Organisation of Working Time Act 1997

4

Records of Compliance

An employer shall keep such records, in such form, if any, as may be prescribed, as will show whether the provisions of this Act (and, where applicable, the Activities of Doctors in Training Regulations) are being complied with in relation to the employee. The records shall be retained by the employer for at least 3 years from the date of their making.

s25(1) 1997; EC(Organisation of Working Time)R 2004, Reg. 11(1)

on event

all

European (Directive 93/104/EC)

4

Records of Compliance

The records shall be kept at the premises or place where his or her employee works or, if the employee works at two or more premises or places, the premises or place from which the activities that the employee is employed to carry on are principally directed or controlled.

s25(1) 1997; EC(Organisation of Working Time)R 2004, Reg. 11(1)

on event

all

European (Directive 93/104/EC)

4

Records of Compliance

The records shall contain details of compliance with regard to: (1) daily rest periods, (2) rests and intervals at work, (3) weekly rest periods, (4) payment for Sunday work, (5) weekly working hours, (6) nightly working hours, (7) entitlement to, and times and pay for, annual leave, (8) entitlement to, and rate of pay for, public holidays, (9) payment of any holidays or public holidays compensation owing at the time of cesser of employment.

Ss11-16 and Ss19-23 1997

on event

all

European (Directive 93/104/EC)

Top Eleven Employment Law IOs — continued

No.

Obligation

Description

Reference

Compliance

Businesses

Source of Initiative

4

Form of Record of Compliance

The records shall contain the following particulars and documents: (1) the name of each employee concerned, (2) the employee’s PPS, (3) a brief statement of his or her duties as an employee, (4) a copy, as appropriate, of the statement provided to each employee concerned in accordance with the provisions of the Terms of Employment (Information) Act 1994, or any order or regulation made under that Act, that relates to him or her.

Organisation of Working Time (Records) R 2001, Reg. 3(a)

on event

all

European (Directive 93/104/EC)

Protection of Employees (Fixed-Term Work) Act 2003

5

Written Statement of Employer

An employer of an employee on a fixed-term contract shall inform the employee in writing, as soon as practicable, of the objective condition determining the contract.

s8(1) 2003

on event

all

European (Directive 1999/70/EC)

5

Written Statement of Employer

Where an employer proposes to renew a fixed-term contract, the employer shall inform the fixed-term employee in writing of the objective grounds justifying the renewal of the fixed-term contract and the failure to offer a contract of indefinite duration, before the renewal of the contract.

s8(2) 2003

on event

all

European (Directive 1999/70/EC)

Terms of Employment (Information) Acts 1994 and 2001

6

Written Statement of Terms of Employment

An employer shall, not later than 2 months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the particulars of the terms of the employee’s employment.

s3(1) 1994

on event

all

European (Directive 91/533/EEC)

Top Eleven Employment Law IOs — continued

No.

Obligation

Description

Reference

Compliance

Businesses

Source of Initiative

6

Written Statement of Terms of Employment

It shall include certain details: (1) the full names of the employee and employer, (2) the address of the employer in the State or, where appropriate, the address of the principal place of the relevant business of the employer in the State or the registered office, (3) the place of work or, where there is no fixed or main place of work, a statement specifying that the employee is required or permitted to work at various places, (4) the title of the job or nature of the work for which the employee is employed, (5) the date of commencement of the employee’s contract of employment, (6) in the case of a temporary contract of employment, the expected duration thereof or, if the contract of employment is for a fixed term, the date on which the contract expires.

s3(1)(a)-(f) 1994

on event

all

European (Directive 91/533/EEC)

6

Written Statement of Terms of Employment

It shall include certain details: (1) the rate or method of calculation of the employee’s remuneration and the pay reference period for the purposes of the National Minimum Wage Act 2000, (2) that the employee may, under section 23 of the National Minimum Wage Act 2000, request from the employer a written statement of the employee’s average hourly rate of pay for any pay reference period as provided in that section.

s44 National Minimum Wage Act 2000

on event

all

Irish Legislature

Top Eleven Employment Law IOs — continued

No.

Obligation

Description

Reference

Compliance

Businesses

Source of Initiative

6

Written Statement of Terms of Employment

It shall include certain details: (1) the length of the intervals between the times at which remuneration is paid, (2) any terms or conditions relating to- (i) hours of work (including overtime), (ii) paid leave (other than paid sick leave), (iii) incapacity for work due to sickness or injury and paid sick leave, and pensions and pension schemes, (3) the period of notice which the employee is required to give and entitled to receive (whether by or under statute or under the terms of the employee’s contract of employment) to determine the employee’s contract of employment or, where this cannot be indicated when the information is given, the method for determining such periods of notice, (4) a reference to any collective agreements which directly affect the terms and conditions of the employee’s employment including, where the employer is not a party to such agreements, particulars of the bodies or institutions by whom they were made.

s3(1)(h)-(m) 1994

on event

all

European (Directive 91/533/EEC)

6

Written Statement of Terms of Employment

It shall be signed and dated by or on the behalf of the employer.

s3(4) 1994

on event

all

European (Directive 91/533/EEC)

6

Written Statement of Terms of Employment

A copy of the statement shall be retained by the employer during the period of the employee’s employment and for a period of 1 year thereafter.

s3(5) 1994

on event

all

European (Directive 91/533/EEC)

7

Notification of Changes to Terms of Employment

Whenever a change is made or occurs in any of the particulars of the statement furnished by an employer to an employee, the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than one month after the change takes effect, or, where the change is consequent on the employee being required to work outside the State for a period of more than 1 month, the time of the employee’s departure.

s5(1) 1994

on event

all

European (Directive 91/533/EEC)

Top Eleven Employment Law IOs — continued

No.

Obligation

Description

Reference

Compliance

Businesses

Source of Initiative

7

Notification of Changes to Terms of Employment

Not required in relation to a change occurring in provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements referred to in the statement.

s5(2) 1994

on event

all

European (Directive 91/533/EEC)

Unfair Dismissals Acts 1977 to 2007

8

Notification of Grounds for Dismissal

Where an employee is dismissed, an employer shall, if so requested, furnish to the employee within 14 days of the request, particulars in writing of the principal grounds for dismissal.

s9 1993

on event

all

Irish Legislature

General Provisions

9

Information to Inspectors and Authorised Officers

An inspector or authorised officer may require an employer or the representative of such employer to make available to him or her any such records, documents or other information as he or she deems necessary to show compliance with the provisions of the Act.

s33(2)(c) National Minimum Wage Act 2000

on event

all

Irish Legislature

10

s8(3)(c) Organisation of Working Time Act 1997

on event

all

European (Directive 93/104/EC)

11

s9(1)(c) Payment of Wages Act 1991

on event

all

Irish Legislature

Top 15 Health & Safety Information Obligations

No.

Obligation

Rating (Max=81)

Reference

Business Sector

IO Category

1

Classification, packaging & labelling of chemicals

54

Reg 6 European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations, 2003 to 2008 (S.I. Nos 116 of 2003, 25 of 2006, and 272 of 2008)

Manufacturing

Application or Notification to or Communication with Authority

2

Hazard warning labels

54

Reg 9 (3) Safety, Health And Welfare At Work (Chemical Agents) Regulations, 2001 (S.I. No. 619 of 2001)

All

Signs & Notices

3

Record of inspections of work equipment

54

Reg. 30 of the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007)

All

Registers & Records

4

Register of reports of examination of lifting equipment

54

Reg. 54(2)(a) of the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007)

All

Registers & Records

5

Registration of chemicals

54

Chemical Act 2008 (Number 13 of 2008) and TITLE II Chapter 1 of EC Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

Manufacturing

Application or Notification to or Communication with Authority

6

Safety and Health Plan for construction projects

54

Reg. 16 of the Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006)

Construction

Plan or Procedure or Risk Assessment

7

Safety data sheets for chemicals

54

Chemical Act 2008 (Number 13 of 2008) and Article 31 of EC Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

All

Notice to or Communication with other parties

8

Safety statement

54

S.20 of the Safety, Health and Welfare at Work Act 2005

All

Plan or Procedure or Risk Assessment

Top 15 Health & Safety Information Obligations —continued

No.

Obligation

Rating (Max=81)

Reference

Business Sector

IO Category

9

Confirmation of the verification of construction workers certificates

36

Reg. 25 (2)(b) of the Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006)

Construction

Application or Notification to or Communication with Authority

10

Information for pregnant employees or those that have recently given birth

36

Reg. 152 of the Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007)

All

Communication or Training

11

Notification of injuries or death

36

Reg. 59 of the Safety, Health and Welfare at Work (General Application) Regulations 1993 (S.I. No. 44 of 1993)

All

Application or Notification to or Communication with Authority

12

Record of notification of accident or dangerous occurrence

36

Reg. 17 (1)(e) of the Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006)

Construction

Registers & Records

13

Risk assessment SAFETY STATEMENT (#13)

36

S.19 of the Safety, Health and Welfare at Work Act 2005

All

Plan or Procedure or Risk Assessment

14

Safety File

36

Reg. 8(1) of the Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006)

Construction

Registers & Records

15

Written procedures for demolition operations on a construction site

36

Reg. 94 of the Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. No. 504 of 2006)

Construction

Plan or Procedure or Risk Assessment

Departmental Advertising.

Leo Varadkar

Ceist:

110 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if agencies, boards, quangos or other bodies within the remit of her Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by her Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, online advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if she will make a statement on the matter. [24969/09]

Leo Varadkar

Ceist:

111 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if her Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by her Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if she will make a statement on the matter. [24984/09]

I propose to take Questions Nos. 110 and 111 together.

The information requested by the Deputy in relation to advertising campaigns carried out by my Department, by the Offices of my Department and by any boards, quangos or other bodies under the remit of my Department, during the first six months of 2009, is set out in the following tabular statement.

I am not in a position to provide similar information in relation to the State Agencies which come under the remit of my Department because the provision of such information falls within the day to day administration of the State Agencies concerned.

Advertising campaigns by the Department

Costs of advertising in publications, broadcast advertising, outdoor advertising, on-line advertising, other forms of advertising, consultancy costs and production costs.

Publicity Poster for Work Life Balance Day 2009

10,336

Campaign in National and Regional newspapers in relation to a public consultation on review of the Industrial and Provident Societies Acts 1893 –2005 in context of Co-operative Societies

11,495

Advertising campaigns by Offices of the Department

Costs of advertising in publications, broadcast advertising, outdoor advertising, on-line advertising, other forms of advertising, consultancy costs and production costs.

Campaign in newspapers by the Companies Registration Office to highlight advantage of filing accounts online

30,529

Advertising campaigns by boards, quangos or other bodies under the Department’s remit.

Costs of advertising in publications, broadcast advertising, outdoor advertising, on-line advertising, other forms of advertising, consultancy costs and production costs.

Skillnets Ltd campaign in relation to the FINUAS Training Networks Programme

2,309

Trade Missions.

Leo Varadkar

Ceist:

112 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment when the last trade mission to Israel took place; her plans for a new one; and if she will make a statement on the matter. [25092/09]

I have no record of any ministerial-led trade missions having being organised to Israel. There is quite a modest level of activity by that agency's client companies in Israel and, accordingly, scarce resources are prioritized for other country markets which offer higher potential.

Enterprise Ireland will continue to support individual companies who wish to explore market opportunities in Israel but there are no current plans for a trade mission to that country.

Community Employment Schemes.

Leo Varadkar

Ceist:

113 Deputy Leo Varadkar asked the Tánaiste and Minister for Enterprise, Trade and Employment if Members of the Houses of the Oireachtas are members of community employment scheme boards of directors; and if she will make a statement on the matter. [25093/09]

The Community Employment National Monitoring Committee comprises the relevant trade unions and FÁS national management.

The committee meets quarterly to assess all Community Employment schemes for approval and to ensure that there is no displacement or replacement.

No members of the Houses of the Oireachtas are members of the Community Employment National Monitoring Committee.

Job Protection.

Denis Naughten

Ceist:

114 Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of the discussions regarding the protection of some jobs at a company (details supplied) in County Dublin; and if she will make a statement on the matter. [25212/09]

I have kept in close touch with the developing situation at SRT, with a view to maximising employment opportunities at the plant. Following a series of contacts with both the company and Government interests in the United Arab Emirates, I am pleased to record that on Thursday 4 June, SR Technics indicated they had now agreed, in principle, to sell the bulk of its aircraft maintenance operations at Dublin Airport to Dublin Aerospace Ltd. an Irish company. I am hopeful that this company's proposal will result in the recommencement of an MRO (Maintenance, Repair and Overhaul) business at Dublin Airport. The full support of the State development agencies has been made available to all interested parties including Dublin Aerospace Limited with a view to providing every possible assistance.

Industrial Development.

Denis Naughten

Ceist:

115 Deputy Denis Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 174 of 3 February, 2009 the position regarding the issues; and if she will make a statement on the matter. [25213/09]

I am aware that Enterprise Ireland is actively working with Boyle Chamber, the County Enterprise Board and the County Development Board regarding potential business development in the area.

Enterprise Ireland has approved financial support for a total of six community enterprise centres in County Roscommon. These centres are located in Arigna, Ballaghadereen, Boyle, Castlerea, and two in Roscommon Town. Boyle Chamber of Commerce was approved €350,000 in 2006 for the construction of a centre. The chamber has applied for planning permission to Roscommon County Council and as of 16 June the Planning Department has requested further information, which is being addressed by the chamber.

IDA Ireland is also supporting enterprise development in the Midlands Region through its ongoing strategy of growing and embedding foreign direct investment activity. The agency is encouraging its client companies to add strategic functions to its Irish operations in areas such as R&D and marketing. There are opportunities here for indigenous companies in the areas of sub-supply and service provision. I would like to assure the Deputy that the State development agencies, under the auspices of my Department, will continue to work together to promote Boyle and its environs, in order to attract investment and to foster job creation in the area.

Tax Collection.

Caoimhghín Ó Caoláin

Ceist:

116 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance further to Parliamentary Question No. 194 of 22 April 2009, the number of applicants who made a claim for a tax refund on becoming unemployed who were successful in 2007, 2008 and to date in 2009; the average amount of these refunds in each year; and if he will make a statement on the matter. [24399/09]

I am informed by the Revenue Commissioners that the number of people who made a claim for a tax refund on becoming unemployed, and the average refund in the years 2007, 2008, and 2009 is as follows: It should be noted that more than one payment may be made to a single applicant for any given year.

Year

No. of Claims

People

Average Amount per person

2007

30,636

27,652

804.51

2008

52,321

44,987

831.00

2009

6,740

6,486

343.69

The figures for 2009 cover refunds made up to and including 17 June 2009.

Tax Code.

Caoimhghín Ó Caoláin

Ceist:

117 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the number of mortgage holders who lost entitlement to mortgage interest relief following his decision to abolish mortgage interest relief for those with a mortgage for more than seven years; and if he will make a statement on the matter. [24400/09]

Caoimhghín Ó Caoláin

Ceist:

118 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the number of mortgage holders currently in receipt of mortgage interest relief; and if he will make a statement on the matter. [24401/09]

Caoimhghín Ó Caoláin

Ceist:

119 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the cost of mortgage interest relief to the State per annum in the years 2004 to 2008; and if he will make a statement on the matter. [24402/09]

Caoimhghín Ó Caoláin

Ceist:

120 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the number of recipients of mortgage interest relief who received less than €500, between €500 and €999, between €1,000 and €1,499, between €1,500 and €1,999, between €2,000 and €2,499 and more than €2,500 in 2008; and if he will make a statement on the matter. [24403/09]

Caoimhghín Ó Caoláin

Ceist:

121 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the number of recipients of mortgage interest relief who were in receipt of relief on a fixed rate mortgage, a variable rate mortgage and on a tracker mortgage in 2008; and if he will make a statement on the matter. [24404/09]

I propose to take Questions Nos. 117 to 121, inclusive, together.

I am informed by the Revenue Commissioners that the cost to the Exchequer of mortgage interest relief paid by way of tax relief at source (TRS) in each of the years 2004 to 2008 inclusive is as follows:

Tax Year

Cost

€m

2004

230

2005

280

2006

350

2007

545

2008

705

At the end of 2008, there were approximately 564,000 mortgage accounts in respect of which mortgage interest relief was being paid through the main lenders. Using the information already available through its own systems and by working with the lenders, the Revenue Commissioners were able to establish the entitlement status of 430,000 mortgage accounts (76% of the total of 564,000 mortgage accounts) under the new seven-year rule for the payment of tax relief as announced in the Supplementary Budget measures. Of those, 276,000 were determined as eligible for tax relief post 1 May. 242,000 of that 276,000 have been getting the relief since 1 May, the remaining 34,000 have been getting the relief since 1 June and any arrears of mortgage interest relief due for the month of May is also being paid automatically through the TRS system. 154,000 were determined as ineligible for tax relief post 1 May.

In the case of the remaining approximately 134,000 mortgage accounts (24% of the total) definitive entitlement or non-entitlement to mortgage interest relief could not be established by the Revenue Commissioners without making direct contact with the mortgage account holder. The Revenue Commissioners have now written to the majority of these mortgage account holders advising them of the new seven year rule. Where these account holders feel they have an entitlement to mortgage interest relief they are asked to provide certain information about the account to the Revenue Commissioners. The remaining more complex cases involving top up loans are in the course of being written to by the Revenue Commissioners.

From the responses received, the Revenue Commissioners have acquired the additional information needed to determine continued eligibility in the case of a further 26,000 accounts. Arising from this information the Revenue Commissioners will now recommence mortgage interest relief from 1 July for these 26,000 accounts. Any arrears of tax relief due back to 1 May will also be paid automatically through the TRS system.

A breakdown of tax relief paid through TRS by range of the amount on the lines sought by the Deputy is not available to Revenue Commissioners. Similarly, information on the number of recipients who are on fixed, variable or tracker mortgages is not available to the Revenue Commissioners.

Caoimhghín Ó Caoláin

Ceist:

122 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance his position regarding mortgage interest relief in view of his announcement in the 7 April 2009 supplementary budget speech that there were proposals to abolish this relief in a future budget; and if he will make a statement on the matter. [24405/09]

Caoimhghín Ó Caoláin

Ceist:

123 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance if his attention has been drawn to the fact that any decision to abolish mortgage interest relief would create hardship for homeowners, especially those on fixed rate mortgages who have not benefited from reduced repayments in recent months; and if he will make a statement on the matter. [24406/09]

Caoimhghín Ó Caoláin

Ceist:

124 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance if the Commission on Taxation is examining the issue of mortgage interest relief; if so, the consultation and discussions they have undertaken in consideration of this issue with relevant and affected groups and consumers in view of the fact that this issue was not in their original terms of reference; and if he will make a statement on the matter. [24407/09]

I propose to take Questions Nos. 122 to 124, inclusive, together.

The position in relation to mortgage interest relief is as set out in my Supplementary Budget on 7 April 2009. The Government believes that in these times of scarce resources support should be targeted at those most in need. Accordingly, from 1 May 2009 mortgage interest relief has been limited to the first seven years of a mortgage. 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. As house prices fall the provision of mortgage interest relief will be kept under review with a view to eventual abolition.

I appreciate, of course, that fixed rate mortgage holders do not benefit from the recent reduction in interest rates. However, my understanding is that over 60% of fixed rate mortgages are fixed for between one and three years and this cohort should be able to avail of the current low interest rates once the fixed period has expired.

I am aware that the Commission on Taxation is considering the issue of mortgage interest relief and I will be informed by its proposals on this matter. I am not aware of the day to day consultations and discussions the Commission is undertaking in its consideration of the issue. This is of course, a matter entirely for the Commission itself as it sees fit. The terms of references of the Commission on Taxation are broadly defined, far-reaching and allow for consideration of all aspects of the taxation system. This would naturally include a consideration of mortgage interest relief.

Financial Services Regulation.

Caoimhghín Ó Caoláin

Ceist:

125 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the progress made towards developing legislation to reform the regulation of financial services here; when such legislation will be published; and if he will make a statement on the matter. [24408/09]

Caoimhghín Ó Caoláin

Ceist:

126 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance if he still proposes, as announced in February 2009, to establish a consumer protection agency in the financial services sector separate from the new proposed Central Bank Commission; the reason for such a decision; if his attention has been drawn to the concerns expressed regarding this proposal; and if he will make a statement on the matter. [24409/09]

I propose to take Questions Nos. 125 and 126 together.

I announced on 18 June that the Government had agreed a range of reforms of the structures for regulation of financial services in Ireland. The key change is the establishment of a single fully integrated regulatory institution, the Central Bank of Ireland Commission. The Central Bank Commission will be chaired by the Governor of the Central Bank and will be responsible for both the supervision of individual firms and the stability of the financial system generally. The approach taken in these reforms mirrors arrangements proposed at EU level and will ensure a cohesive approach between the two critical elements of effective financial regulation.

The new Commission will include expert, highly experienced and authoritative non-executive members. This new structure will replace the current board structure of the Central Bank and the Financial Services Regulatory Authority to achieve the highest performance standards for the new organisation. These reforms will underpin a more effective and efficient financial services regulatory system aligned with best international practice.

Two top-level posts will be established within the Central Bank of Ireland as ex-officio members of the Commission. A Head of Financial Supervision will report to the Commission on the regulatory and supervisory functions and objectives of the new structure while a Head of Central Banking will report on the performance of central banking functions (other than those that relate to the independent role of the Governor under the EC Treaty and Eurosystem and ECB structure). The reforms will be supported by a significant expansion of regulatory capacity within the new structure with the appointment of substantial additional staff with the skills, experience and market-based expertise to meet the objectives of the new structures including in relation to the regulation of the international financial services sector.

The consumer information and education role, currently carried out within the Consumer Directorate in the Financial Regulator will be reassigned to the National Consumer Agency (NCA). The NCA is being amalgamated with the Competition Authority. The functions to be merged in the new body are highly complementary and share a common goal of enhancing consumer welfare.

Banking Sector Regulation.

Caoimhghín Ó Caoláin

Ceist:

127 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance if his attention has been drawn to the findings of the Financial Regulator which found that 41% of bank branches were not adhering to the Irish Bankers Federation Voluntary Switching Code; if he will introduce legislation to put the code on a statutory basis in order that it is adhered to by financial institutions; and if he will make a statement on the matter. [24410/09]

The Irish Banking Federation Personal Voluntary Switching Code was introduced in 2005 on a voluntary basis. It is aimed at assisting customers in switching their personal current or savings account and making the process of switching as smooth and easy as possible.

In March 2009, the Financial Regulator (FR) published the findings of its mystery shopping exercise, which examined the ease of switching personal accounts between banks. This exercise was carried out in November 2008 as part of the FR's role in monitoring compliance with the Irish Banking Federation (IBF) Voluntary Personal Switching Code. Fifty-one branches of seven banks were visited by Financial Regulator staff, posing as customers wishing to switch their main current account from another bank. The mystery shopper rated each branch to be either ‘satisfactory' or ‘unsatisfactory', taking into consideration:

The accuracy of the information provided,

The helpfulness of the bank assistant,

The bank assistant's awareness of the switching process, and

The provision of a switching pack.

The findings from this exercise show that only 59% of branches visited were found to be ‘satisfactory'. The main reasons for the other 41% of branches being deemed ‘unsatisfactory' were:

In some cases, the mystery shopper was not encouraged to use the switching process by virtue of the information provided,

Staff, in some branches, were unable to provide sufficient information on the switching process,

In some cases, the mystery shopper was actively discouraged from using the switching process, and

Switching packs were not referred to or provided in some branches.

The Financial Regulator has asked the IBF to consider the findings of this exercise in its ongoing development of the switching process and to revert with its proposals for improving the service to its customers. The IBF is expected to actively engage with its members on this issue, particularly in respect to staff training and effective monitoring of compliance within branches. The FR will continue to carry out mystery shopping exercises to assess the ease of switching.

Notwithstanding the findings of this exercise the Deputy may wish to note that, up to April 2009, the IBF has facilitated the switching of approximately 61,000 personal accounts.

Furthermore, the European Banking Industry Committee has drawn up voluntary common principles regarding switching of accounts, which draw upon the IBF's Code. These principles have been accepted by the EU Commission and are due to be implemented by November this year.

Accordingly, it is my view that the Irish Banking Federation Personal Voluntary Switching Code does not need to be put on a statutory basis.

Caoimhghín Ó Caoláin

Ceist:

128 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the amount of the €167 million in overcharging by financial institutions recorded in the 2006 report of the Financial Regulator that has been repaid to customers; and if he will make a statement on the matter. [24411/09]

While reimbursement of overcharging by financial institutions is primarily a matter for the institutions concerned, I understand from the Financial Regulator (FR) that the bulk of this has been reimbursed.

My Department has been informed by the FR that the reimbursement process is proceeding in accordance with the FR's General Principles in relation to reimbursement as set out on page 50 of its Annual Report 2006.

Financial Institutions Support Scheme.

Caoimhghín Ó Caoláin

Ceist:

129 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the processes and reporting that are in place to ensure section 44 of Statutory Instrument No. 411, whereby covered institutions are required not to pass on the costs of the scheme to customers in an unwarranted manner, is monitored and evaluated; and if he will make a statement on the matter. [24412/09]

The Bank Guarantee Scheme is a major benefit not only to the covered institutions but also to their customers and the economy as a whole. As the Deputy is aware, the scheme includes the application of strict terms and conditions on the covered institutions to ensure that the public interest, which includes the taxpayer, the general consumer and small business sector, is paramount.

My Department and the Financial Regulator have set up mechanisms for monitoring the financial institutions in relation to the guarantee. The auditors of each covered institution are reporting quarterly on compliance with the scheme, including section 44. The regulator has advised me that two reports, one for the quarter ended December 2008 and one for the quarter ended March 2009 have been received to date.

The Financial Regulator monitors, reviews, and approves bank charges as outlined under section 149 of the Consumer Credit Act.

Registered Nursing Homes.

Finian McGrath

Ceist:

130 Deputy Finian McGrath asked the Minister for Finance the position regarding a matter (details supplied). [24455/09]

I understand the Deputy is referring to the decision announced in the Supplementary Budget 2009 to terminate the property-related accelerated capital allowance schemes in the health sector, among which is a scheme for registered nursing homes. I should explain that the rationale behind the decision to terminate these schemes is to broaden the tax base so that, in conjunction with other measures announced in the Supplementary Budget, everyone would make a contribution to resolving our fiscal difficulties, including those availing of tax relief under these schemes.

A scheme of capital allowances in respect of expenditure incurred on the refurbishment or construction of a nursing home that is registered under section 4 of the Health (Nursing Homes) Act 1990, has been in place since December 1997. Under the scheme, qualifying expenditure can be written off against a person's tax liability at the rate of 15% per annum for the first six years with the remaining 10% in year seven.

However, as announced in the Supplementary Budget on 7 April last and as reflected in section 8 of the Finance Act 2009, this scheme is to terminate on 31 December 2009 along with certain other health-related capital allowances schemes, subject to transitional arrangements for pipeline projects. Under the transitional arrangements, if certain qualifying criteria are met, the termination date for qualifying expenditure is extended.

The qualifying conditions depend on the type of work to be carried out and whether or not the work requires planning permission. Where the work to be carried out does not require planning permission, the termination date is 30 June 2010 so long as at least 30% of the construction or refurbishment costs have been incurred on or before 31 December 2009.

Where planning permission is required in relation to the work to be carried out, the qualifying condition for a termination date beyond 31 December 2009 is that a valid application for full planning permission be submitted on or before that date and be acknowledged by the relevant planning authority. In such cases, the termination date for qualifying expenditure is 30 June 2011. Thus, where planning permission for a nursing home has already been obtained, Finance Act 2009 provides for qualifying expenditure to be incurred up to 30 June 2011. I consider that the transitional arrangements now in place for pipeline projects will minimise the impact of the termination of the scheme of capital allowances on planned nursing home developments.

Departmental Reports.

Finian McGrath

Ceist:

131 Deputy Finian McGrath asked the Minister for Finance if he will respond to a query from a person (details supplied). [24489/09]

The report of the Commission on Taxation is due to be presented to the Government in July and will be published shortly thereafter.

Decentralisation Programme.

Denis Naughten

Ceist:

132 Deputy Denis Naughten asked the Minister for Finance the position regarding each decentralisation project which has not been suspended or completed; the number of public servants decentralised to date in each project concerned; when the final transfer will be completed; and if he will make a statement on the matter. [24511/09]

As I announced in my Budget Statement in October last, the Government has reviewed the decentralisation programme and has identified priority elements which should proceed at this time. Decisions on the timing of implementation of the balance of the programme are being deferred pending a review in 2011 in light of budgetary developments.

The tables outline details of the number of posts to be decentralised and the staff already moved as follows:

Table 1: Decentralisation Projects where property is already completed

Location

Organisation

Total posts to be decentralised

Staff moved to decentralising location at end March 2009

Athlone

Education & Science

93

88

Ballina

Road Safety Authority

62

62

Carrick-on-Shannon (Phase I)

Social & Family Affairs

140

152

Clonakilty

Sea Fisheries Protection Authority

47

47

Killarney

Arts, Sports & Tourism

121

80

Kilrush

Office of the Revenue Commissioners

57

57

Limerick

Foreign Affairs

139

130

Listowel

Office of the Revenue Commissioners

52

52

Longford

Irish Prison Service

142

126

Loughrea

Road Safety Authority

40

40

Loughrea

Transport

10

10

Naas

IAASA

15

12

Na Forbacha

Community, Rural and Gaeltacht Affairs

13

12

Navan

Coroners Service

6

4

Navan

Garda Civilian HR Division

38

38

Navan

National Property Services Regulatory Authority

10

9

Navan

Office of the Director of Probation Service

18

15

Navan

Office of the Revenue Commissioners

100

100

Newcastlewest

Office of the Revenue Commissioners

51

51

Sligo

Social & Family Affairs

88

72

Tipperary Town

Private Security Agency

32

32

Tullamore

Finance

131

122

Total

1,405

1,311

Table 2: Priority projects approved by Government in October to proceed, including a property update as provided by the OPW in each case

Location

Organisation

Total posts to be decentralised

Staff moved to decentralising location at end March 2009

Property Update

Buncrana

Social & Family Affairs

118

0

Due for completion Q4 2009

Carlow

Enterprise Trade and Employment

257

98

Planning Permission received — Bundle of 3 PPP projects. Awaiting financial close. Construction period of 24 months

Charlestown (HQ location)

Community, Rural and Gaeltacht Affairs

164

100

Expressions of Interest have been assessed. Site purchase documents with the Chief State Solicitor. Anticipated completion date Q4 2011.

Claremorris (Phase I)

OPW

104

31

Tender documents being finalised. Anticipated completion date Q4 2011.

Clonakilty

Agriculture, Fisheries & Food

86

85

Blocks A, B and C completed — Dept of Agriculture, Fisheries and Food and a small number of BIM staff in situ.Seafood Protection Agency staff are also being accommodated as a temporary measure until full quota of BIM staff can move in. Block D (Seafood Development Centre) to be handed over to BIM on completion of the canteen. Contract for canteen expected to be placed in Summer 2009.

Clonakilty

BIM

95

3

Cork

HIQA

100

42

The OPW has procured suitable premises in a new development in Mahon, near Cork city.

Curragh

Defence Forces

413

0

Part 9 of planning process completed. Expressions of Interest invited and being assessed. Anticipated completion Q4 2011.

Table 2: Priority projects approved by Government in October to proceed, including a property update as provided by the OPW in each case —continued

Location

Organisation

Total posts to be decentralised

Staff moved to decentralising location at end March 2009

Property Update

Drogheda PPP (HQ location)

Social & Family Affairs

499

0

Client brief being established.

Gaoth Dobhair

Foras Na Gaeilge

5

0

Office accommodation available at Udaras na Gaeilge site in Gweedore

Mullingar (HQ location)

Education & Science

297

7

Planning Permission received — Bundle of 3 PPP projects. Awaiting financial close. Construction period of 24 months

Newbridge

Defence

201

0

Due for completion December 2009.

Newbridge

Defence Forces HQ

43

0

Due for completion December 2009.

Portlaoise (HQ location)

Agriculture, Fisheries & Food

595

299

Planning Permission received — Bundle of 3 PPP projects. Awaiting financial close. Construction period of 24 months

Roscommon

Property Registration Authority

230

84

Planning permission granted. Contract expected to be placed shortly. Anticipated completion Autumn 2010.

Tipperary Town

Justice, Equality & Law Reform

186

63

Tenders received.

Trim (HQ location)

OPW

334

36

Shell and Core completed Q4 2008. Fit out due for completion by Summer 2009.

Wexford

Environment, Heritage & Local Government

270

43

Due for completion by Summer 2009.

Total

3,997

891

Table 3: Decentralisation Projects Deferred, Pending a Review in 2011*

Location

Organisation

Staff moved to decentralising location at end March 2009

Moves Deferred

Arklow

NSAI

124

Athlone

Higher Education Authority

64

Athy (advance party in place)

Office of Revenue Commissioners

73

180

Ballinasloe

National Roads Authority

110

Birr (advance party in place)

FÁS

23

378

Carrickmacross

Social & Family Affairs

85

Carrick on Shannon

Central Fisheries Board

54

Carrick on Shannon (Phase II)

Social & Family Affairs

90

Cavan (advance party in place) — HQ

Communications Energy & Natural Resources

56

244

Cavan/Portlaoise/Galway

HIQA

80

Claremorris (Phase II)

OPW

38

Clifden (advance party in place)

Pobal

25

17

Donegal

Social & Family Affairs

258

Drogheda

Transport

37

Drogheda

Citizens Information Board

49

Drogheda

Local Government Computer Service Board

101

Drogheda

Railway Safety Commission

16

Dundalk (advance party in place)

Sustainable Energy Ireland

2

23

Dungarvan

OSI

206

Edenderry

FETAC

44

Edenderry

HETAC

34

Edenderry

NQAI

18

Enniscorthy

Bord Bia

76

Fermoy

Agriculture Fisheries & Food

100

Gaoth Dobhair

Foras na Gaeilge

25

Kanturk

Office of Public Works

88

Kildare

Office of the Revenue Commissioners

380

Table 3: Decentralisation Projects Deferred, Pending a Review in 2011* —continued

Location

Organisation

Staff moved to decentralising location at end March 2009

Moves Deferred

Kildare

Finance — CMOD

30

Kilkenny

Environment Heritage & Local Government

62

Kilkenny

Arts Council

49

Killarney

Irish Sports Council

31

Macroom

Agriculture Fisheries & Food

100

Mallow

Fáilte Ireland

163

Mitchelstown

CIÉ Group

200

Monaghan

Combat Poverty Agency

25

Naas

Health Service Executive

300

New Ross

Environment Heritage & Local Government

125

Portarlington (advance party)

Data Protection Commissioner

23

0

Portarlington (advance party in Portlaoise)

Equality Tribunal (civil service)

8

34

Portarlington (advance party in Portlaoise)

NCCA (civil service)

12

25

Portarlington

NEWB

14

Roscrea (advance party in place)

Equality Authority (civil service)

16

39

Roscrea

Garda Ombudsman Commission

23

Shannon (advance party in place)

Enterprise Ireland**

66

226

Shannon

Irish Aviation Authority

102

Thomastown (advance party in Kilkenny)

Health & Safety Authority

33

83

Thurles (advance party in place)

Garda Headquarters CGVU & FCPS

133

66

Waterford

Environment Heritage & Local Government

225

Wexford

National Building Agency

63

Youghal

Public Appointments Service

100

Youghal

Valuation Office

100

Total

470

5,104

*This Review will take account of the impact of the Rationalisation of State Agencies

**Including 40 existing Shannon Development and EI posts located in Shannon as part of a parallel process.

Arising from the current economic environment, the Government has announced a number of policies affecting overall public service numbers and arrangements for the filling of vacancies which will impact on the implementation of the Decentralisation Programme. In that context, the Decentralisation Implementation Group (DIG) is currently in the process of reviewing the property, staffing and business position of each of the priority locations where contractual commitments have not yet been finalised and will report back to me on its findings. The timeframe for the completion of each project and the transfer of staff will be determined having due regard to the outcome of that work.

Public Service Staff.

Denis Naughten

Ceist:

133 Deputy Denis Naughten asked the Minister for Finance if approval will be given for a statutory post (details supplied); the reason for the delay in approving the post; and if he will make a statement on the matter. [24523/09]

The moratorium falls to be applied by the relevant line Minister in accordance with the circular letter of 27 March issued by my Department. While there is provision for very limited exceptions to be approved by me in particular cases, I have decided against such an exception in this case in the interests of the Exchequer.

Financial Services Regulation.

Niall Collins

Ceist:

134 Deputy Niall Collins asked the Minister for Finance the assistance he will offer to persons wishing to switch from fixed to variable rate mortgages, in view of the reported excessive breakage fees being charged by some financial institutions; the actions he has taken in this regard; and if he will make a statement on the matter. [24526/09]

The Government has put in place a number of important initiatives to assist borrowers who are in difficulties. These include the Money Advice and Budgeting Service which have recently launched a Joint Protocol with the Irish Banking Federation to ensure effective co-operation when dealing with debt problems of personal debtors. In addition, the mandatory Code of Conduct for Mortgage Arrears (February 2009) requires that when a borrower is in difficulty, the lender shall make every reasonable effort to agree an alternative repayment schedule.

Under the Code, consideration should be given case by case to alternatives such as deferral of payments, extending the term of the mortgage, changing the type of mortgage, and capitalising arrears and interest. In any case, lenders will not commence legal action for repossession until six months after the arrears arise. As part of the subscription agreement for their recapitalisation, Bank of Ireland and AIB will not commence court proceedings for repossession of a principal private residence until 12 months after the arrears appear when the customer continues to co-operate with the bank.

On 26 March I undertook to raise the concerns about the level of redemption fees with the Consumer Director of the Financial Regulator who provided a statutory mandate to safeguard customers' interests. At the beginning of April my Department wrote to the consumer director to request confirmation that redemption fees charged for switching from fixed rate mortgages only covered funding costs and that no other costs were included.

To date, the Financial Regulator has been able to confirm to my Department that all mortgage lenders have responded and provided the formula they use when they calculate the early redemption fee that applies to fixed rate mortgages. The Financial Regulator is awaiting independent verification by an actuary that the fee charged by a number of lenders recoups only the costs incurred by the lenders when they finance the fixed rate mortgage. However, the verifications received show that the formulae applied by the relevant lenders seek to recoup the loss to them arising from the early redemption of the fixed rate mortgage and do not seek to apply a penalty charge to the borrower.

The Financial Regulator is also examining whether any other costs are being charged such as administrative fees. Any such charges may be subject to approval by the Financial Regulator under section 149 of the Consumer Credit Act 1995 and will be examined further in that light. To date, the responses indicate that most lenders do not levy additional charges in the case of early redemption of fixed rate mortgages. The Financial Regulator has advised that further analysis may be necessary once all the information is received and reviewed. Should the remaining analysis by the Financial Regulator indicate that further consideration of this issue is required, it will be carried out.

Niall Collins

Ceist:

135 Deputy Niall Collins asked the Minister for Finance the location at which an individual or business customer of a financial institution can make a complaint or seek independent arbitration in an instance when credit facilities are refused. [24527/09]

The Financial Services Ombudsman may investigate a complaint about a failure to provide a financial service that has been requested by a customer.

Tax Code.

Brian O'Shea

Ceist:

136 Deputy Brian O’Shea asked the Minister for Finance his proposals to remove the imposition of VAT on the cost of swimming lessons for primary school children as part of their curriculum. [24539/09]

Where the services of swimming instruction are offered by a swimming pool which is operated by a local authority then such service is exempt from VAT by virtue of the fact that the services provided by local authorities are currently outside of the scope of VAT. In the case of swimming instruction provided by persons who are liable to VAT, such instruction is chargeable at the standard VAT rate of 21.5%. Although the provision of education is exempt from VAT, swimming instruction is not included in this general provision, even where a school offers swimming instruction as part of its curriculum.

I have no plans to remove the imposition of VAT on the service of swimming instruction.

Site Acquisitions.

Lucinda Creighton

Ceist:

137 Deputy Lucinda Creighton asked the Minister for Finance the projected costs of the potential development of office accommodation (details supplied) in County Mayo; and if he will make a statement on the matter. [24542/09]

The position in relation to the site in Charlestown is that terms were agreed last year but the contract for sale has yet to be finalised. Accordingly, there is no contractual commitment on the OPW to purchase the site. Given the lapse of time, and bearing in mind the change in market conditions over the last 12 months, the question of whether the terms agreed still represent value for money will have to be reviewed.

In the meantime, the Department of Finance has recently been approached by a community group in Kiltimagh, Co. Mayo, which has already completed a building in the town. This building is currently being assessed by the Office of Public Works. No decision has been taken at this stage on either option. Given that there are commercially sensitive issues associated with the procurement process, no costs can be disclosed at this stage of the process.

Tax Code.

Seán Barrett

Ceist:

138 Deputy Seán Barrett asked the Minister for Finance his views on introducing a tax deferred incentivised disability savings plan similar to the plan introduced in Canada in 2008 to enable families with disabled children to provide financially for their children’s futures; and if he will make a statement on the matter. [24583/09]

There are various provisions within the tax code where a person who is permanently incapacitated, either physically or mentally, to the extent where they are unable to maintain themselves, may be able to claim one or more of the special tax allowances available. In addition, parents/guardians and persons who care for dependent relatives may also qualify for relief from tax. Details of these reliefs and exemptions can be found on the Revenue Commissioners' website at the following link: http://www.revenue.ie/en/personal/circumstances/disability-information.html.

Within the various allowances and exemptions relating to people with disabilities are two measures which relate to savings.

Tax relief is available for payments into a properly drawn up Deed of Covenant in favour of a permanently incapacitated individual. However, a parent cannot generally make a covenant in favour of his or her own permanently incapacitated minor child (aged under 18 years)

People who are permanently incapacitated may be exempt from having Deposit Interest Retention Tax (DIRT) deducted from their interest income, provided their gross income is exempt from tax or marginally over the exemption limit.

As you are aware, all taxes are reviewed annually in the context of the Budget and Finance Bill. However, I have no plans at this time to make the requested changes.

Finian McGrath

Ceist:

139 Deputy Finian McGrath asked the Minister for Finance if he will respond to a query (details supplied). [24584/09]

On the issue of retiring teachers and the tax treatment of retirement lump sums, the position is that under statutory pension schemes and pension schemes approved by the Revenue Commissioners there is no liability to income tax in respect of retirement gratuities or lump sums paid to members of such schemes on retirement. Provided the individuals referred to in the question are members of such schemes and the lump sum payments comply with the relevant legislation and Revenue rules in this area, there is no liability to income tax on the retirement lump sums. In this regard, it should be noted that the tax arrangements for retirement lump sums apply in respect of pension schemes in both the public and private sectors.

As I mentioned in my Budget Speech on 7 April last, the Commission on Taxation is examining various aspects of pension tax treatment, including the treatment of retirement lump sum payments, and I expect to be dealing with the Commission's recommendations in the 2010 Budget in December. Regarding the position of pensioners in relation to income tax and the income levy, the position is unchanged since the Finance (No. 2) Act 2008.

Tax Collection.

Finian McGrath

Ceist:

140 Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied). [24612/09]

I am informed by the Revenue Commissioners that this matter has been raised previously with Revenue and that there is no evidence of the kind of impropriety alleged against Revenue. Certain of the matters that are the subject of allegation are germane to the Court, while others relate specifically to the affairs of a third party. In the circumstances, it is not appropriate that Revenue or I would comment on these matters.

Tax Code.

Terence Flanagan

Ceist:

141 Deputy Terence Flanagan asked the Minister for Finance if he will deal with a matter (details supplied); and if he will make a statement on the matter. [24614/09]

The position is that the income levy is applied for payroll purposes on the date of the payment, not the date the pension/salary accrued or was earned. I should point that PAYE income tax, Pay Related Social Insurance contributions and Health contributions are deducted in the same manner. The rates of income levy to be deducted from payment of wages/pension are as follows:

Payments made between 1 Jan 2009 and 30 April 2009

1% on payments up to €1,925 per week

2% on payments greater than €1,925 less than €4,810 per week

3% on payments greater than €4,810 per week

Payments made between 1 May 2009 and 31 Dec 2009

2% on payments up to €1,443 per week

4% on payments greater than €1,443 less than €3,365 per week

6% on payments greater than €3,365 per week

In the case in question the higher rate of income levy would apply to the payment made on 8th May (i.e. the rates applicable to payments made between 1 May 2009 and 31 Dec. 2009).

For the year 2009 annual rates of Income Levy are

The first €75,036 @ 1.67%

The next €25,064 @ 3%

The next €74,880 @ 3.33%

The next €75,140 @ 4.67%

The remainder @ 5%.

If, based on the annual rates, the taxpayer is entitled to a refund after the end of the year, he can apply to his local tax office.

Leo Varadkar

Ceist:

142 Deputy Leo Varadkar asked the Minister for Finance if he has introduced or will introduce a system whereby it would be possible for an employer who has made staff redundant to offset the 60% refund due to it against its tax liability; if he will provide details of this system; and if he will make a statement on the matter. [24677/09]

The position is that taxes paid by employers include tax levied directly on the employer such as income tax or corporation tax and also fiduciary taxes such as PAYE income tax, income levy and VAT levied on the employees and/or customers of that employer. Also relevant are levies and contributions collected from employees such as PRSI and the Health Levy. There is no provision in taxation, social welfare or health legislation to offset statutory redundancy rebates against tax liabilities.

I am informed by the Revenue Commissioners that where a business is awaiting a rebate and it is experiencing particular difficulties in meeting its tax obligations because of any delay in receiving the rebate, the Revenue Commissioners will be accommodating in deferring for a reasonable period collection or enforcement action that might otherwise ensue. I am advised by the Revenue Commissioners that this arrangement is working satisfactorily in meeting the needs of businesses and the requirements of the Revenue Commissioners in such circumstances.

Flood Relief.

Tom Hayes

Ceist:

143 Deputy Tom Hayes asked the Minister for Finance if funding will be provided to ensure necessary works will be carried out in Ardfinnan, County Tipperary to address the flooding problem in order to ensure people’s home are not at further risk (details supplied). [24787/09]

The Office of Public Works requested South Tipperary County Council to submit detailed proposals and costings for works to address the flooding problem at Ardfinnan. A decision will be made in relation to the provision of funding by the OPW when this information has been received and considered.

Financial Services Regulation.

Finian McGrath

Ceist:

144 Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied). [24880/09]

A core Government objective is to free up lending on a commercial basis into the economy to support economic growth. In the context of the bank guarantee scheme and recapitalisation the banks have made important commitments to support business lending.

A Code of Conduct for Business Lending to Small and Medium Enterprises was published by the Financial Regulator on 13 February and took effect on 13 March. This code applies to all regulated banks and building societies and will facilitate access to credit, promote fairness and transparency and ensure that banks will assist borrowers in meeting their obligations, or otherwise deal with an arrears situation in an orderly and appropriate manner. The business lending code includes a requirement for banks to offer their business customers annual review meetings, to inform customers of the basis for decisions made and to have written procedures for the proper handling of complaints. Where a customer gets into difficulty the banks will give the customer reasonable time and seek to agree an approach to resolve problems and to provide appropriate advice. This is a statutory code and banks will be required to demonstrate compliance.

In addition, as part of the recapitalisation package announced on 11 February, Allied Irish Bank and Bank of Ireland reconfirmed their December commitment to increase lending capacity to small and medium enterprises (SMEs) by 10% and to provide an additional 30% capacity for lending to first time buyers in 2009. If the mortgage lending is not taken up, then the extra capacity will be available to SMEs. AIB and Bank of Ireland have also committed to public campaigns to actively promote small business lending at competitive rates with increased transparency on the criteria to be met. Compliance with this commitment is being monitored by the Financial Regulator. Officials from my Department are also in regular contact with the banks concerned in relation to their progress on implementing these measures.

My colleague the Tánaiste and Minister for Enterprise, Trade and Employment has recently set up a clearing group including representatives from the main banks, business interests and state agencies, which is chaired by officials in the Department of Enterprise, Trade and Employment. The purpose of the group is to identify specific patterns of events or cases where the flow of credit to viable businesses appears to be blocked and to seek to identify credit supply solutions. Any questions on the clearing group should be directed to my colleague the Tánaiste and Minister for Enterprise, Trade and Employment.

An independent review of credit availability, funded by the banks but managed jointly by the banks, Government and business representatives is also underway and will be completed shortly. Amongst the issues covered by this review will be changes in bank lending, repayment terms and a comparison with customer experiences prior to the onset of the financial crisis. I am satisfied that this review, along with the quarterly reports from the recapitalised institutions, will give a clear picture regarding the flow of credit in the Irish economy which will inform future policy.

It is a primary goal of the Revenue Commissioners that all taxpayers and business meet their tax obligations in a timely fashion. I know that Revenue is very conscious of how the current economic and financial environment is impacting on some businesses in regard to meeting their tax payment obligations on time even where they are fully committed to so doing. Revenue is disposed to and is actively working with such businesses and taxpayers to find a way through these difficulties provided there is a positive and honest engagement with Revenue and the fundamentals of the underlying business are sound. I am fully supportive of the efforts of the Revenue Commissioners in their efforts in that regard and of the way that they have openly encouraged businesses that may be experiencing difficulties to engage with them at an early stage.

Tax Yield.

Terence Flanagan

Ceist:

145 Deputy Terence Flanagan asked the Minister for Finance the revenue that would accrue from a €5 increase in stamp duty on ATM cards; and if he will make a statement on the matter. [24896/09]

I am advised by the Revenue Commissioners that the full year gain to the Exchequer of an increase of €5 in the stamp duty on ATM cards from the current rate of €2.50 is estimated to be in the order of €7 million. This assumes no change in the rate of stamp duty applying to Combined ATM and Debit cards.

Terence Flanagan

Ceist:

146 Deputy Terence Flanagan asked the Minister for Finance the savings to the Exchequer if the artists’ exemption scheme were scrapped; and if he will make a statement on the matter. [24897/09]

I am informed by the Revenue Commissioners that the annual cost to the Exchequer of the artists' exemption scheme is estimated at €66 million, based on the income declared in income tax returns filed for the income tax year 2006, the most recent year for which the necessary detailed information is available. If, however, the scheme were to be abolished, the actual tax yield to the Exchequer could be lower depending on the extent to which the currently exempt income would be subject to deductions for allowable expenses and other costs.

Terence Flanagan

Ceist:

147 Deputy Terence Flanagan asked the Minister for Finance the amount of revenue received by the Exchequer from dirt tax each year from 2004 to date in 2009; and if he will make a statement on the matter. [24898/09]

The following table sets out the net yield from Deposit Interest Retention Tax (DIRT) collected from 2004 to 31 May 2009:

Year

€m

2004

143.6

2005

167.1

2006

254.4

2007

471.8

2008

653.8

01 Jan-31 May 2009

168.7

Tax Code.

Tom Hayes

Ceist:

148 Deputy Tom Hayes asked the Minister for Finance if VAT can be claimed on the cost of a prefabricated building donated to a school by the local community. [24919/09]

I am advised by the Revenue Commissioners that VAT legislation provides for the reclaim of VAT charged on the acquisition of goods and services only where the goods or services are for use in a taxable business. As education is exempt from VAT, the VAT incurred in respect of the prefab donated to a school cannot be reclaimed.

Pension Provisions.

Ruairí Quinn

Ceist:

149 Deputy Ruairí Quinn asked the Minister for Finance the reason, in regard to the incentivised early retirement scheme, footnote five of appendix A suggests that a public servant who pays the D1 class of PRSI contribution is entitled to a greater pension payment under the scheme when compared with a public servant who pays the A1 class of PRSI contribution; if he will explain this discrepancy; his plans to alter the terms of the scheme in order that this discrepancy is removed; and if he will make a statement on the matter. [24943/09]

A supplementary pension may be paid in certain circumstances to a person whose occupational superannuation benefits are co-ordinated with the State Pension (Contributory). A supplementary pension may be paid to pensioners in respect of periods during which the pensioner is not employed in any capacity which involves a social insurance contribution and, due to causes outside his/her own control, fails to qualify for social insurance benefit or qualifies for such benefit at less than the maximum personal rate.

The supplementary pension is equal to the difference between (i) the occupational pension which would have been payable if it had been based on pensionable remuneration (i.e. gross pay plus pensionable allowances) instead of net pensionable remuneration (i.e. gross pay plus pensionable allowances minus twice the rate of State Pension (Contributory) payable to a single person) and (ii) the aggregate of the actual occupational pension payable and the actual rate of social insurance benefit payable (including any payments for dependants).

A supplementary pension is not paid under the incentivised early retirement scheme (ISER) until a person reaches pension age (age 60 for the bulk of civil and public servants), which is similar to the arrangements under the cost neutral early retirement (CNER) scheme. The ISER is essentially based on the CNER arrangements except that the benefits are not actuarially reduced and only a portion of the lump sum is paid on leaving the employment. There are no proposals to amend the ISER as suggested by the Deputy, which would erode the savings yield from the scheme.

Tax Code.

Michael McGrath

Ceist:

150 Deputy Michael McGrath asked the Minister for Finance his views on the proposals made by the Society of the Irish Motor Industry to support the industry at the present time, with particular regard to the VAT issues raised and the introduction of a scrappage scheme in view of the importance of the motor industry to the Irish economy. [24944/09]

Denis Naughten

Ceist:

162 Deputy Denis Naughten asked the Minister for Finance his views on the impact of the VAT clawback on the motor trade; and if he will make a statement on the matter. [25211/09]

I propose to take Questions Nos. 150 and 162 together.

As the Deputies will be aware the Supplementary Budget announced the introduction of a Margin Scheme for second-hand cars, with effect from 1 July 2009. Under the scheme, dealers would be taxed for VAT purposes on their margin (i.e. the difference between the prices at which the dealer purchased and subsequently resold a vehicle) in regard to second-hand cars they acquired and resold after that date. In conjunction with the introduction of the Margin Scheme, special transitional arrangements were to be put in place regarding second-hand cars in stock on the introduction of the Scheme.

The Margin Scheme would have replaced the existing Special Scheme for second-hand cars, under which dealers/garages are entitled to immediate input credit for the residual VAT included in the price of a second-hand car acquired either through purchase or trade-in. Under the Special Scheme, dealers, when they resell the car, are required to repay this VAT input credit or VAT based on the resale price of the car, whichever is the greater.

Further discussions on the matter took place with SIMI and the motor industry decided, on balance, that it would not be in its overall best interest for the Margin Scheme to be introduced at that time. Consequently, the proposed Margin Scheme and transitional arrangements regarding existing stock of second-hand cars was not introduced in the 2009 Finance Act. There will be ongoing dialogue over the coming months with SIMI as to what measures might be introduced to assist the motor industry, particularly with regard to reducing the stock of second-hand cars held by dealers. I have no plans to introduce a car scrappage scheme.

Financial Services Regulation.

Joan Burton

Ceist:

151 Deputy Joan Burton asked the Minister for Finance the breakdown of the deposits from banks on the Anglo Irish Bank balance sheet as at 31 March 2009, in particular, the ten largest counterparties under both open market operations and the master loan repurchase agreement; and if he will make a statement on the matter. [24950/09]

As the Deputy is aware Anglo Irish Bank is being run on an arms length commercial basis. A breakdown of the deposits from banks is contained in Note 20 to the Interim Accounts for the six months ended 31 March 2009 entitled "Deposits from Banks". It would be inappropriate for me to comment beyond what is published in the accounts, because of the possible commercial sensitivity of the information.

I set out below the relevant note to the accounts for your information.

Deposits from banks

31 March 2009

30 September 2008

31 March 2008

€m

€m

€m

Repayable on demand

389

691

636

Sale and repurchase agreements

27,680

12,397

5,313

Other deposits by banks with agreed maturity dates

2,409

7,365

5,682

30,478

20,453

11,631

Sale and repurchase agreements include €23.5 billion (30 September 2008: €7.6 billion; 31 March 2008: €3.6 billion) of short term borrowings from central banks. These deposits include €13.5 billion (30 September 2008: €7.6 billion; 31 March 2008: €3.6 billion) borrowed under open market operations from central banks and €10.0 billion (30 September 2008: €nil; 31 March 2008: €nil) borrowed under a Master Loan Repurchase Agreement ('MLRA') with the Central Bank and Financial Services Authority of Ireland. The interest rate on this facility is set by the Central Bank and advised at each rollover, and is currently linked to the European Central Bank marginal lending facility rate. Collateral assigned under these agreements is derived from the Bank's customer lending assets (note 17).

During the period the Group increased the level of assets eligible for open market operations, primarily through the establishment of Anglo Irish Mortgage Bank and through the expansion of the Group's covered bond and CMBS programmes.

The decrease in other deposits by banks with agreed maturity dates is attributable to a reduction in interbank activity due to Bank specific concerns. In addition, €1.4 billion of term bilateral loan agreements were repaid following the nationalisation of the Bank as a result of change of control covenants within those loan agreements.

Joan Burton

Ceist:

152 Deputy Joan Burton asked the Minister for Finance the breakdown of the debt securities in issue on the Anglo Irish Bank balance sheet as at 31 March 2009, in particular, the ten largest counterparties under both the medium-term note programme and covered bonds; and if he will make a statement on the matter. [24951/09]

As the Deputy is aware Anglo Irish Bank is being run on an arms length commercial basis. A breakdown of the debt securities in issue under the various programmes is contained in Note 22 to the Interim Accounts for the six months ended 31 March 2009. As these are tradeable instruments held in clearing systems the Bank has no way of knowing who the end investors are. It would be inappropriate for me to comment beyond what is published in the accounts.

I set out below a copy of the relevant note to the accounts for your information.

Debt securities in issue

31 March 2009

30 September 2008

31 March 2008

€m

€m

€m

Medium term note programme

10,225

10,622

11,247

Covered bonds

1,203

1,361

1,504

Extendible notes

228

792

Short term programmes:

Commercial paper

2,465

3,488

5,889

Certificates of deposit

335

1,581

2,613

14,228

17,280

22,045

Bonds issued under the Group's covered bond programme are secured on certain loans and advances to customers (note 17).

Debt securities in issue have decreased by €2.9 billion on a constant currency basis due to the challenging capital market environment. Short term programme balances declined by €2.3 billion and other balances by €0.6 billion.

Medium term note issuance of €2.0 billion in the six month period includes a €1.5 billion public deal issued in December 2008 as well as several other smaller transactions, all of which are government guaranteed and mature by September 2010. Maturities and redemptions during the period were €2.6 billion.

Short term markets were volatile during the period given Bank and country specific factors and a market wide risk aversion towards the banking sector. Balances decreased from €5.1 billion at 30 September 2008 to €2.8 billion at 31 March 2009.

Joan Burton

Ceist:

153 Deputy Joan Burton asked the Minister for Finance if he will report on recent press reports that a bank (details supplied) is to engage in a debt swap to strengthen its balance sheet by offering a coupon rate of 12.5% on newly issued bonds; how such banks will rank in terms of seniority of liabilities; if they will rank above or below the €3.5 billion in preference shares being injected by the Exchequer and which carry a coupon rate of 8%; if he will explain the coupon differential of some 4.5% between these two liability classes; and if he will make a statement on the matter. [24952/09]

I am advised that the Exchange Offer, referred to by the Deputy, was proposed by the bank as a means of increasing its core capital (similar to other such proposals) subject to commercial considerations. The bank expects that this exchange will have a positive impact on its Core Tier 1 capital position without significantly impacting its overall capital position. The instruments being issued by the bank as part of its exchange offering with a coupon of 12.5% will rank ahead of the preference shares held by the State. At the time that the preference shares held by the State were structured the coupon was limited to a 7% to 9.3% corridor by the EU.

However, I am further advised that the new instruments are not directly comparable with those held by the State which form part of an integrated deal which includes warrants to subscribe for 25% of the enlarged ordinary share capital of the bank (or 33% of its ordinary share capital prior to the deal being announced). The State's preference shares also include a step-up feature which provides that redemption after the fifth anniversary of the issue must be at 125% of par value, which further adds to the value of the State's interest. In addition, the bank's exchange offering will create a significant level of distributable reserves which will act as a buffer against loan impairments, protecting the interest of the State. Those distributable reserves rank below the preference shares held by the State, as they are available to offset losses incurred by the bank in the normal course of business.

Departmental Advertising.

Leo Varadkar

Ceist:

154 Deputy Leo Varadkar asked the Minister for Finance if agencies, boards, quangos or other bodies within the remit of his Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by his Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, on-line advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if he will make a statement on the matter. [24971/09]

Leo Varadkar

Ceist:

155 Deputy Leo Varadkar asked the Minister for Finance if his Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by his Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if he will make a statement on the matter. [24986/09]

I propose to take Questions Nos. 154 and 155 together.

Neither my Department, nor the following bodies under its aegis — the Office of Public Works, the Comptroller and Auditor General, the Office of the Appeals Commissioner, the Office of the Commission for Public Service Appointments, the Office of the Ombudsman, the Public Appointments Service and the State Laboratory — carried out advertising campaigns in the relevant period 2009 to promote their policies or programmes.

The following tables set out details in respect of relevant advertising campaigns undertaken by the Office of the Revenue Commissioner and the Office of Public Works in the period since the start of 2009.

Campaign/Purpose

Advertising in Publications

Outdoor Advertising

Advertising in Broadcast Media etc

Revenue

PAYE Anytime

2,517

Revenue

P35

47,596

172,021

Revenue

CGT

11,672

Revenue

Stamp Duty Incentive

10,240

Revenue

Trusts/Investigations

21,014

Revenue

CAT simplification

10,097

Revenue

Budget Free-phone

20,091

OPW

Glebe Easter Art competition

1,018

1,087

OPW

JKF Calendar

365

OPW

Phoenix Park City Sightseeing (Visitor Centre)

204

OPW

Phoenix Park City Sightseeing (Visitor Centre)

950

OPW

Phoenix Park Primary Times (Visitor Centre)

244

OPW

Rathfarnham Advertising

1,003

OPW

Altamont Garden Trail

100

OPW

Farmleigh G. Promotion of Exhibitions

2,464

OPW

Castletown Promotion of House

304

OPW

Kilkenny C. Promotion of Cultural Programme

400

Prison Visiting Committees.

Joe Costello

Ceist:

156 Deputy Joe Costello asked the Minister for Finance the reason the Kilmainham Gaol visiting committee has not been re-established over the past three years; when he proposes to re-establish the committee; and if he will make a statement on the matter. [25010/09]

The Office of Public Works is reviewing the composition of the Kilmainham Gaol Visiting Committee. The membership of the Committee will be announced within the next few months.

Departmental Expenditure.

Leo Varadkar

Ceist:

157 Deputy Leo Varadkar asked the Minister for Finance, further to Parliamentary Question No. 266 of 27 January 2009, the figures for 2008 and the estimated figures for 2009. [25031/09]

The table below shows gross current expenditure for the years 1997 to 2009, both Voted and non-Voted. Voted current expenditure is divided by Department based on the current allocation of Ministerial responsibilities. Non-Voted expenditure is predominantly made up of the servicing costs of the National Debt and contributions to the EU budget.

The gross Voted expenditure figures between 1997 and 2007 are taken from the Appropriation Account for the relevant years, while non-Voted current expenditure is derived from the appropriate Finance Accounts for the relevant years. GDP and GNI figures for these years are taken from the National Income and Expenditure Account, published by the Central Statistics Office (CSO).

The gross Voted expenditure breakdown figures for 2008 are provisional outturns, while the 2009 figures are expenditure Estimates. These figures were published in the Revised Estimates Volume 2009 on 23 April 2009.

The non-Voted current expenditure figure is as published in the end 2008 Exchequer Statement, while the 2008 GDP figures are from the Quarterly National Accounts for the fourth quarter, published by the CSO. Both the non-Voted current expenditure and the GDP figures for 2009 are those published in the April Supplementary Budget.

The GNI figures for 2008 and 2009 were published in the European Commission's latest forecasts.

Gross Voted Current Expenditure by Department 1997-2008

1997

1998

1999

2000

2001

2002

2003

Expend

GDP

GNI

Expend

GDP

GNI

Expend

GDP

GNI

Expend

GDP

GNI

Expend

GDP

GNI

Expend

GDP

GNI

Expend

GDP

GNI

€m

%

%

€m

%

%

€m

%

%

€m

%

%

€m

%

%

€m

%

%

€m

%

%

Agriculture, Fisheries & Food

814

1.2

1.3

864

1.1

1.2

893

1.0

1.1

923

0.9

1.0

1,317

1.1

1.3

1,280

1.0

1.2

1,171

0.8

1.0

Arts, Sport & Tourism

122

0.2

0.2

139

0.2

0.2

158

0.2

0.2

209

0.2

0.2

239

0.2

0.2

264

0.2

0.2

285

0.2

0.2

Communications, Energy & Natural Resources

60

0.1

0.1

77

0.1

0.1

85

0.1

0.1

102

0.1

0.1

107

0.1

0.1

213

0.2

0.2

348

0.2

0.3

Community, Rural & Gaeltacht Affairs

181

0.3

0.3

192

0.2

0.3

218

0.2

0.3

227

0.2

0.3

272

0.2

0.3

242

0.2

0.2

174

0.1

0.1

Defence

638

0.9

1.1

649

0.8

0.9

681

0.8

0.9

735

0.7

0.8

801

0.7

0.8

819

0.6

0.8

829

0.6

0.7

Education & Science

2,999

4.4

4.9

3,104

4.0

4.5

3,361

3.7

4.3

3,716

3.5

4.1

4,219

3.6

4.3

4,816

3.7

4.5

5,450

3.9

4.6

Enterprise, Trade & Employment

676

1.0

1.1

707

0.9

1.0

787

0.9

1.0

916

0.9

1.0

1,121

1.0

1.1

1,154

0.9

1.1

1,122

0.8

0.9

Environment & Local Govt

292

0.4

0.5

184

0.2

0.3

486

0.5

0.6

596

0.6

0.7

756

0.6

0.8

745

0.6

0.7

745

0.5

0.6

Finance

551

0.8

0.9

595

0.8

0.9

623

0.7

0.8

677

0.6

0.7

801

0.7

0.8

869

0.7

0.8

958

0.7

0.8

Foreign Affairs

193

0.3

0.3

217

0.3

0.3

236

0.3

0.3

286

0.3

0.3

374

0.3

0.4

484

0.4

0.4

528

0.4

0.4

Health & Children

3,470

5.1

5.7

3,938

5.0

5.7

4,600

5.1

5.9

5,362

5.1

5.9

6,704

5.7

6.8

7,846

6.0

7.3

8,788

6.3

7.4

Justice, Equality & Law Reform

890

1.3

1.5

1,043

1.3

1.5

1,084

1.2

1.4

1,227

1.2

1.4

1,404

1.2

1.4

1,527

1.2

1.4

1,679

1.2

1.4

Social & Family Affairs

5,723

8.4

9.4

6,011

7.7

8.6

6,244

6.9

8.0

6,677

6.4

7.4

7,788

6.7

7.9

9,458

7.3

8.8

10,427

7.5

8.8

Taoiseach

67

0.1

0.1

77

0.1

0.1

90

0.1

0.1

96

0.1

0.1

108

0.1

0.1

143

0.1

0.1

128

0.1

0.1

Transport

176

0.3

0.3

182

0.2

0.3

191

0.2

0.2

246

0.2

0.3

317

0.3

0.3

365

0.3

0.3

391

0.3

0.3

Total Voted Expenditure

16,851

24.8

27.8

17,978

22.9

25.8

19,738

21.8

25.3

21,994

21.0

24.3

26,328

22.5

26.6

30,225

23.2

28.0

33,023

23.7

27.7

Non Voted Current Expenditure

4,686

6.9

7.7

4,361

5.6

6.3

4,379

4.8

5.6

3,924

3.7

4.3

3,605

3.1

3.6

2,812

2.2

2.6

3,295

2.4

2.8

Total Expenditure

21,537

31.7

35.5

22,339

28.4

32.1

24,117

26.6

30.9

25,918

24.7

28.7

29,933

26

30

33,037

25.4

30.6

36,318

26.0

30.5

Relevant Deflator @ Current Prices (€M)

67,972

60,713

78,573

69,681

90,501

77,924

104,845

90,359

116,989

98,903

130,190

108,016

139,442

119,150

Gross Voted Current Expenditure by Department 1997-2008 —continued

2004

2005

2006

2007

2008

2009

Expend

GDP

GNI

Expend

GDP

GNI

Expend

GDP

GNI

Expend

GDP

GNI

Expend

GDP

GNI

Expend

GDP

GNI

€m

%

%

€m

%

%

€m

%

%

€m

%

%

€m

%

%

€m

%

Agriculture, Fisheries & Food

1,119

0.8

0.9

1,181

0.7

0.8

1,270

0.7

0.8

1,302

0.7

0.8

1,418

0.8

0.9

1,509

0.9

1.1

Arts, Sport & Tourism

308

0.2

0.2

330

0.2

0.2

374

0.2

0.2

410

0.2

0.3

434

0.2

0.3

405

0.2

0.3

Communications, Energy & Natural Resources

352

0.2

0.3

352

0.2

0.3

364

0.2

0.2

381

0.2

0.2

360

0.2

0.2

354

0.2

0.3

Community, Rural & Gaeltacht Affairs

205

0.1

0.2

232

0.1

0.2

309

0.2

0.2

359

0.2

0.2

372

0.2

0.2

343

0.2

0.2

Defence

863

0.6

0.7

894

0.6

0.6

926

0.5

0.6

976

0.5

0.6

1,054

0.6

0.7

1,013

0.6

0.7

Education & Science

6,145

4.1

4.8

6,617

4.1

4.8

7,279

4.1

4.7

7,891

4.1

4.9

8,412

4.5

5.3

8,642

5.0

6.2

Enterprise, Trade & Employment

1,125

0.8

0.9

1,207

0.7

0.9

1,284

0.7

0.8

1,417

0.7

0.9

1,473

0.8

0.9

1,450

0.8

1.0

Environment & Local Govt

709

0.5

0.6

761

0.5

0.5

838

0.5

0.5

894

0.5

0.6

954

0.5

0.6

875

0.5

0.6

Finance

951

0.6

0.7

1,026

0.6

0.7

1,110

0.6

0.7

1,193

0.6

0.7

1,265

0.7

0.8

1,239

0.7

0.9

Foreign Affairs

584

0.4

0.5

661

0.4

0.5

804

0.5

0.5

953

0.5

0.6

1,007

0.5

0.6

805

0.5

0.6

Health & Children

9,561

6.4

7.5

11,297

7.0

8.1

12,517

7.1

8.1

14,281

7.5

8.8

15,465

8.3

9.8

15,469

9.0

11.0

Justice, Equality & Law Reform

1,815

1.2

1.4

1,917

1.2

1.4

2,075

1.2

1.3

2,380

1.2

1.5

2,565

1.4

1.6

2,440

1.4

1.7

Social & Family Affairs

11,241

7.5

8.8

12,111

7.5

8.7

13,504

7.6

8.8

15,437

8.1

9.5

17,701

9.5

11.2

21,258

12.4

15.2

Taoiseach

132

0.1

0.1

155

0.1

0.1

191

0.1

0.1

186

0.1

0.1

187

0.1

0.1

189

0.1

0.1

Transport

436

0.3

0.3

472

0.3

0.3

512

0.3

0.3

546

0.3

0.3

733

0.4

0.5

705

0.4

0.5

Pay Contingency

-110

-0.1

-0.1

Total Voted Expenditure

35,546

23.9

27.9

39,212

24.2

28.2

43,355

24.5

28.2

48,607

25.5

30.0

53,399

28.8

33.9

56,586

33.0

40.4

Non Voted Current Expenditure

3,584

2.4

2.8

3,895

2.4

2.8

4,161

2.3

2.7

3,937

2.1

2.4

3,936

2.1

2.5

5,855

3.4

4.2

Total Expenditure

39,130

26.3

30.7

43,107

26.6

31.0

47,516

26.8

30.9

52,544

27.6

32.4

57,335

30.9

36.4

62,441

36.4

44.6

Relevant Deflator @ Current Prices (€M)

148,975

127,560

162,168

139,072

177,286

153,765

190,603

162,121

185,700

157,500

171,500

140,000

International Agreements.

Richard Bruton

Ceist:

158 Deputy Richard Bruton asked the Minister for Finance when he expects to ratify the United Nations Convention on the Rights of Persons with Disabilities; the action he must take for ratification of this convention to proceed; if an interdepartmental committee has been established; and the time line for implementation; and if he will make a statement on the matter. [25098/09]

The Department of Justice, Equality and Law Reform is responsible for the co-ordination of the ratification of the UN Convention on the Rights of Persons with Disabilities and established an interdepartmental working group with various Government Departments including this Department inputting into the process. The working group identified certain areas relevant to my Department. These are (i) to ensure that persons with disabilities have equal access to bank loans, mortgages and other forms of financial credit (ii) to prohibit discrimination in the provision of health and life insurance and (iii) the employment of people with disabilities in the public sector.

Under the Financial Regulator's Consumer Protection Code, which came fully into force in July 2007, a regulated entity must ensure that in all its dealings with customers and within the context of its authorisation, without prejudice to the pursuit of its legitimate commercial aims, it does not, through its policies, procedures or working practices, prevent access to basic financial services.

Regarding item (iii), a Code of Practice for the Employment of People with a Disability in the Irish Civil Service has been published by my Department and is being implemented by Government Departments and public bodies staffed by Civil Servants.

Tax Code.

Leo Varadkar

Ceist:

159 Deputy Leo Varadkar asked the Minister for Finance the number of taxpayers who earn more than €80,000 per annum; the number of those who are couples who are jointly assessed rather than individuals; and if he will make a statement on the matter. [25204/09]

The number of income earners on income tax records who earn over €80,000 is estimated at 234,500 in 2009. Some 154,200 of these are couples who have elected or have been deemed to have elected for joint assessment and are counted as one tax unit in each case.

The figures are estimates from the Revenue tax forecasting model using actual data for the year 2005 adjusted as necessary for income and employment growth. They are therefore provisional and likely to be revised.

Leo Varadkar

Ceist:

160 Deputy Leo Varadkar asked the Minister for Finance the effective rate of taxation including PRSI, health and income levies for an individual earning €80,000 per annum and a couple earning €80,000 jointly; and if he will make a statement on the matter. [25205/09]

The position is that a single individual earning €80,000 per annum will have an effective average tax rate of 36.5% for 2009.

A married two-earner couple earning €80,000 per annum (assuming that the joint income is divided 65% and 35% between spouses) will have an effective average tax rate of 22% for 2009.

These rates include income tax, PRSI, health levy and income levy.

Bank Recapitalisation.

Leo Varadkar

Ceist:

161 Deputy Leo Varadkar asked the Minister for Finance the amount of money, to date in 2009, he has invested in the banks; the amount per bank; and the amount of this money that has come from borrowing from the National Pensions Reserve Fund; and if he will make a statement on the matter. [25206/09]

The Government announced on 11 February 2009 that the recapitalisation of Allied Irish Banks and Bank of Ireland through the purchase of preference shares to the value of €3.5 billion in each bank would be funded through the National Pensions Reserve Fund (NPRF), with €4 billion coming from the Fund's resources and €3 billion to be provided by front-loading the Exchequer contributions for 2009 and 2010. Following the enactment of the Investment of the National Pensions Reserve Fund and Miscellaneous Provisions Act 2009, the recapitalisation of Bank of Ireland was effected on 31 March 2009 and the recapitalisation of Allied Irish Banks on 13 May 2009 through the purchase of the preference shares by the National Pensions Reserve Fund.

The preference shares held by the NPRF pay a fixed dividend of 8% payable in cash or ordinary shares in lieu. These shares can be repurchased at par up to the fifth anniversary of issue and at 125% of face value thereafter. Warrants attached to the preference shares give an option to purchase up to 25% of the existing ordinary shares of each bank calculated on a post-dilution basis. The warrants can be exercised from the fifth to the tenth anniversary of the purchase of the preference shares.

I expect that this participation by the NPRF in the recapitalisation of Allied Irish Banks and Bank of Ireland will yield a satisfactory return for the Fund over time and will assist the Fund in its purpose of meeting as much as possible of the cost to the Exchequer of social welfare pensions and public service pensions from 2025.

As the Deputy will be aware, the Government has also decided to provide €4 billion in capital to Anglo Irish Bank. We are currently in the process of obtaining EU approval in this regard.

Question No. 162 answered with Question No. 150.

Health Services.

Dan Neville

Ceist:

163 Deputy Dan Neville asked the Minister for Health and Children if she will support the case of a person (details supplied). [24417/09]

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

Preschool Services.

Jack Wall

Ceist:

164 Deputy Jack Wall asked the Minister for Health and Children if a person (details attached) in County Kildare will qualify for the free preschool year, as announced in the recent budget; and if she will make a statement on the matter. [24881/09]

As the Deputy will be aware, I have responsibility for the implementation of the new scheme to provide a free Pre-School year in 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.

Participating children must, normally be aged between 3 years 3 months and 4 years 6 months on 1 September each year. Exceptions will be allowed where children have been assessed by the HSE as having special needs which will delay their entry o school or it is appropriate to accept children at an older age due to the enrolment policy of the local primary school. As the child referred to by the Deputy will be aged 3 years and 2 months on 1 September 2009, she will not be eligible to avail of the free pre-school year until 1 September 2010 when she will be aged 4 years and 2 months.

Joanna Tuffy

Ceist:

165 Deputy Joanna Tuffy asked the Minister for Health and Children the position regarding the free preschool year in early childhood care and education for all children between the ages of three years and three months and four years and six months; the position regarding children who reach the age of three years and three months after the scheme is introduced in January 2010, particularly if they reach this age during January 2010; and if she will make a statement on the matter. [25021/09]

As the Deputy will be aware, I have responsibility for the implementation of the new scheme to provide a free Pre-School year in 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.

Participating children must normally be aged between 3 years 3 months and 4 years 6 months on 1 September of each year. Exceptions will be allowed where children have been assessed by the HSE as having special needs which will delay their entry to school or where it is appropriate to accept children at an older age due to the enrolment policy of the local primary school. Children entering the scheme in January 2010 will be eligible if they are aged between 3 years and 7 months and 4 years and 10 months on January 2010. Children who reach the age of 3 years 3 months in January 2010 will be eligible to avail of the free pre-school year from September 2010.

Hospital Accommodation.

Brendan Howlin

Ceist:

166 Deputy Brendan Howlin asked the Minister for Health and Children, in view of her instruction to the Health Service Executive in February 2009 that no new commitments and contracts were to be entered into without her Department’s specific approval, if she will give approval to the HSE to complete the design to tender stage for the urgently required accident and emergency extension and obstetrics theatre and delivery suite at Wexford General Hospital; and if she will make a statement on the matter. [25025/09]

Pending the announcement of the revised capital envelope in the April Supplementary Budget, the specific approval of the Department of Finance was required for all proposed new capital projects.

The Health Service Executive is currently revising its Capital Plan to take account of the revised capital funding envelope for the period to 2013 as provided for following the Supplementary Budget. In determining its capital programme, the Health Service Executive is required to prioritise the capital infrastructure projects to be progressed within its overall capital funding allocation, taking account of the targets for apportionment of capital investment between the Acute and Primary, Community & Continuing Care programmes and the contractual commitments in place from earlier years.

When completed, the revised Capital Plan 2009-2013 must be submitted for my approval with the agreement of the Minister for Finance. Details of the individual projects being included in the Capital Plan will be made available when the plan is approved.

Drug Treatment Programmes.

Mary Upton

Ceist:

167 Deputy Mary Upton asked the Minister for Health and Children the number of functioning drug detoxification beds here; the average waiting time to access these beds; and if she will make a statement on the matter. [25036/09]

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

Mary Upton

Ceist:

168 Deputy Mary Upton asked the Minister for Health and Children the number of persons receiving methadone treatment who are recorded as progressing into detoxification programmes in each of the past five years; if she will provide this information in tabular form; and if she will make a statement on the matter. [25037/09]

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

Health Services.

Finian McGrath

Ceist:

169 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in County Dublin. [24416/09]

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

Inter-Country Adoptions.

Michael D. Higgins

Ceist:

170 Deputy Michael D. Higgins asked the Minister for Health and Children if she has revoked the adoption mediation licence of Helping Hands; and if so, the reason for such a decision. [24419/09]

The Helping Hands Adoption Mediation Agency is a registered adoption society that is registered by the Adoption Board and was, until very recently, licensed by the Government of the Socialist Republic of Vietnam. Helping Hands remains registered as an adoption society in Ireland under the Adoption Acts, 1952–1998.

As the Deputy is aware, I was informed by the Department of Foreign Affairs on 12 June last that the Vietnamese licence held by Helping Hands had been revoked by the Vietnamese authorities. The Government had previously requested that this licence be suspended rather than revoked in light of the on-going discussions with Vietnamese officials on a strengthened bilateral inter-country adoption agreement. Unfortunately, in the absence of a full agreement between Ireland and the Socialist Republic of Vietnam, the Vietnamese Government was not in a position to make any exception to the granting of a licence to Helping Hands. As a consequence, 20 applications, which are currently in Hanoi, will be returned to the respective applicants. These applicants were not given referrals before the 1 May 2009 deadline.

This is obviously disappointing news for all concerned. I subsequently advised the representative groups on these developments, and the applicants involved were also contacted by Helping Hands. Despite these events, I must emphasise that all of the applicants who have already received a referral in respect of a child from the Socialist Republic of Vietnam will have their applications processed to conclusion, and applicants will be supported by Helping Hands in that process, by agreement with the Vietnamese authorities.

The reinstatement of the Helping Hands Adoption Mediation Agency's licence would be a necessary part of any interim or new inter-country adoption agreement with the Socialist Republic of Vietnam. As such, the Government is actively trying to establish the status of its request for an interim inter-country adoption agreement, presented to the Vietnamese authorities on 20 May last, and the associated licensing requirements.

The Socialist Republic of Vietnam is a sovereign state and the decisions that it makes regarding the internal regulation and management of its adoption services must be treated sensitively as appropriate to a sovereign state. My priority is to conclude discussions with the Vietnamese Government on a strengthened bilateral inter-country adoption agreement and avoid any debate outside of that process that could potentially jeopardise or interfere with these discussions.

I can assure the Deputy that the work to prepare for and advise the Government on a strengthened bilateral inter-country adoption agreement with the Socialist Republic of Vietnam has been given, and continues to be given, the highest priority. I have explained the reasons for the renegotiation of the existing agreement and am acutely aware of the stress and anxiety that this process has caused to many prospective adoptive parents.

Care of the Elderly.

Charles Flanagan

Ceist:

171 Deputy Charles Flanagan asked the Minister for Health and Children if she will outline the arrangements for long-term residential care of the elderly (details supplied) and the future plans for the 64 bed unit at a hospital in County Laois; and if she will make a statement on the matter. [24421/09]

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

Hospital Services.

Ciaran Lynch

Ceist:

172 Deputy Ciarán Lynch asked the Minister for Health and Children when a person (details supplied) who was referred by their general practitioner to the Cork University Hospital neurology department in March 2008 will be granted an appointment; and if she will make a statement on the matter. [24423/09]

The management of outpatient 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.

Medicinal Products.

Ciaran Lynch

Ceist:

173 Deputy Ciarán Lynch asked the Minister for Health and Children when a person (details supplied) in County Cork, who has a requirement for medical products, can expect to be issued with them; and if she will make a statement on the matter. [24425/09]

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

Recognition of Disabilities.

Enda Kenny

Ceist:

174 Deputy Enda Kenny asked the Minister for Health and Children the reason chronic pain is not recognised as a disability; her plans to address this situation; and if she will make a statement on the matter. [24433/09]

There are many definitions of disability and many circumstances where a disability is assessed for the purpose of providing services, income support etc. If the Deputy has a particular case or circumstance in mind and he informs me I will have the matter examined and reply to him.

Medical Aids and Appliances.

Bernard Allen

Ceist:

175 Deputy Bernard Allen asked the Minister for Health and Children the reason a person (details supplied) in County Cork will not receive a contribution towards their prescribed new digital hearing aid. [24439/09]

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

Infectious Diseases.

Ciarán Cuffe

Ceist:

176 Deputy Ciarán Cuffe asked the Minister for Health and Children if information leaflets regarding swine flu cases are being delivered to every household; and if she will make a statement on the matter. [24446/09]

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

Health Service Staff.

Andrew Doyle

Ceist:

177 Deputy Andrew Doyle asked the Minister for Health and Children if she will confirm her commitment to adequate staffing of front-line services in the health service; her recruitment strategy that will ensure the adequate staffing of front-line health services; if a review is under way on the impact of the staffing moratorium on the delivery of health services in view of instances in which minimum staffing levels are potentially jeopardising the full implementation of health and safety regulation; and if she will make a statement on the matter. [24465/09]

In order to implement savings measures on public service numbers, the Government introduced a moratorium on recruitment, promotion, or payment of an allowance for the performance of duties at a higher grade with effect from 27 March 2009 to end 2010. A HSE circular has issued which gives effect to the Government decision in the public health services and other specific aspects of the employment control framework for the health services.

The HSE will be focussing on the scope that exists within the health services for reorganising and restructuring of work in order to minimise the impact on essential service delivery. The redeployment and reassignment of existing staff will also support the reorientation of care from hospitals to the community and to facilitate the development of integrated care. It is seeking a high level of flexibility from staff and unions to achieve this.

The Government decision has been modulated to ensure that key services are maintained as far as possible in the health services, particularly in respect of children at risk, older people and persons with a disability.

In addition, the employment control framework specifically exempts the following front line grades in the health sector from the moratorium: Medical Consultants, Speech and Language Therapists, Occupational Therapists, Physiotherapists, Clinical Psychologists, Behaviour Therapists, Counsellors, Social Workers, and Emergency Medical Technicians. The framework actually allows for a growth in the number of those posts within the overall approved employment ceiling (111,800 whole-time equivalents) for the health sector. The framework also includes provision for the creation of 225 new development posts this year for cancer and disability services. In addition, special provisions apply in relation to Clinical Engineering Technicians, Dosimetrists, Physicists, and Radiation Therapists, which are specialist grades under the National Cancer Control Programme.

The focus on these key grades is in line with existing Government policy on the prioritisation of certain development areas, for which significant funding has already been provided. The overall result will be to assist in the reorientation of health employment to services delivered in primary and community care.

I wish to advise that as part of the Employment Control Framework for the health sector, the Joint Employment Control Monitoring Committee, comprising officials from my Department, the Department of Finance and the HSE, meets regularly to monitor health employment levels and to review the implementation of the moratorium and any issues arising.

Health Services.

Finian McGrath

Ceist:

178 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [24469/09]

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.

Ministerial Meetings.

James Reilly

Ceist:

179 Deputy James Reilly asked the Minister for Health and Children if she will meet with a group (details supplied); and if she will make a statement on the matter. [24474/09]

A meeting has been arranged between myself and this group for today, 23 June 2009.

Medical Council.

James Reilly

Ceist:

180 Deputy James Reilly asked the Minister for Health and Children if she is satisfied with the Medical Council’s handling of the case of a person (details supplied); and if she will make a statement on the matter. [24475/09]

James Reilly

Ceist:

181 Deputy James Reilly asked the Minister for Health and Children the reason it took 15 years for the Medical Council to strike a person (details supplied) off the medical register; and if she will make a statement on the matter. [24476/09]

I propose to take Questions Nos. 180 and 181 together.

The Medical Council is the statutory body charged with responsibility for the registration and regulation of medical practitioners in the State. Matters relating to the investigation of complaints regarding registered medical practitioners are undertaken by the Council in accordance with the Medical Practitioners Act. Although I am notified of decisions taken by the Council, I have no role in such matters and, in fact, I am specifically precluded by section 9 of the Medical Practitioners Act 2007 from giving policy directions to the Council in relation to the performance of its functions in the areas of professional conduct and ethics or the investigation of fitness to practise matters.

Departmental Correspondence.

James Reilly

Ceist:

182 Deputy James Reilly asked the Minister for Health and Children when her Department was first contacted in relation to allegations of assault, abuse and inappropriate behaviour against a person (details supplied); the action taken by her on account of same; and if she will make a statement on the matter. [24477/09]

In March 1995 the former North Eastern Health Board informed the Department of Health and Children of the allegations made against the person concerned. They also informed the Department that they were looking into the matter. The person concerned agreed to absent himself from duties from March 1995 to August 1995. In August 1995 the person concerned took leave of absence and has not worked in the Hospital since. An Independent Review Group was then established in November 1995 by the Board of Our Lady of Lourdes Hospital, Drogheda with the co-operation and support of the former North Eastern Health Board and the Department of Health.

Pension Provisions.

James Reilly

Ceist:

183 Deputy James Reilly asked the Minister for Health and Children the amount of money paid to a person (details supplied) in pension payments since retirement; and if she will make a statement on the matter. [24478/09]

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

Medical Council Investigations.

James Reilly

Ceist:

184 Deputy James Reilly asked the Minister for Health and Children the action she will take to prevent a person (details supplied) having access to vulnerable children here or abroad; and if she will make a statement on the matter. [24480/09]

The name of the person concerned was removed from the Medical Register in November 2008. I am informed by the Medical Council that it notifies all EU medical regulatory authorities when a doctor has been struck off in this jurisdiction. In addition, where the Council is aware that the doctor has a relationship with a medical regulatory authority outside the EU, it notifies any such authority as a matter of course of the imposition of the sanction.

I am informed by the HSE that it has worked with the Garda Central Vetting Unit (GCVU) to streamline procedures for vetting those working in health services in respect of children and vulnerable adults. A new streamlined system commenced on 1st January, 2006 and has greatly improved turnaround times.

The Garda Central Vetting Unit provides its vetting service for each sector requiring vetting via a sectoral ‘central point of contact', the task of which is to process vetting applications centrally for that sector. The Garda Central Vetting Unit has confirmed that all information on individuals regarding prosecutions whether successful or not is provided in relation to garda vetting applications.

Dealing with child abuse is the responsibility of everyone in society. As well as vetting, the responsibility is on employers to carry out complete reference checks and to be alert and act on all allegations in accordance with Children First Guidelines. These Guidelines for the Protection and Welfare of Children were published in September 1999. These are national over-arching guidelines that apply to all individuals and agencies that deal with children. The key message of the Children First Guidelines is that anyone who works with, has responsibility for, or comes into contact with, children should be aware of the signs of abuse, be alert to the possibility of abuse, and be familiar with the basic procedures to report their concerns.

Hospital Waiting Lists.

Billy Timmins

Ceist:

185 Deputy Billy Timmins asked the Minister for Health and Children the position in relation to a person (details supplied) in County Wicklow who has been waiting for more than six months for their operation; if they will be seen; and if she will make a statement on the matter. [24481/09]

Billy Timmins

Ceist:

186 Deputy Billy Timmins asked the Minister for Health and Children the position in relation to a person (details supplied) in County Wicklow; the position in relation to the treatment purchase scheme in view of the fact that they are waiting for six months; and if she will make a statement on the matter. [24482/09]

I propose to take Questions Nos. 185 and 186 together.

As this is a service matter it has been referred to the Health Service Executive for direct reply. The National Treatment Purchase Fund arranges treatment for patients who have been on a surgical waiting list for more than three months. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.

Health Services.

Michael Ring

Ceist:

187 Deputy Michael Ring asked the Minister for Health and Children, further to a previous parliamentary question (details supplied), the reason a full reply has not issued to date from the Health Service Executive as promised. [24486/09]

My Department has made enquiries of the Health Service Executive regarding the status of its reply to the Deputy's Parliamentary Question No. 186 of 26th May 2009 and the Executive reports that a reply will issue to the Deputy today in this matter.

Children in Care.

Caoimhghín Ó Caoláin

Ceist:

188 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children, further to Parliamentary Question No. 433 of 27 January 2009, the number of children per year in each Health Service Executive catchment area that these figures refer to. [24492/09]

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

Caoimhghín Ó Caoláin

Ceist:

189 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if children who are sent to residential institutions outside the State undergo educational assessments, social and adaptive and behavioural assessments, speech and language assessments, psychiatric assessments and sensory integration assessments prior to them leaving the State; the number and type of these tests that each child receives; and if any other mechanism is used to assess their abilities, capabilities and any underlying conditions in a multi-model framework before they are sent out of the State. [24493/09]

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

Caoimhghín Ó Caoláin

Ceist:

190 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the average length of time a child will spend in a residential unit outside of the State when sent there by the Health Service Executive. [24494/09]

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

Caoimhghín Ó Caoláin

Ceist:

191 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if the Health Service Executive makes financial provision for the family of a child it sends to a residential unit outside of the State, in order that the family may visit the child; the details of any financial or other provisions made; and if she will make a statement on the matter. [24495/09]

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

Caoimhghín Ó Caoláin

Ceist:

192 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the reason separated children seeking asylum are discharged at 18 years of age; the reason that they are not transferred to aftercare or independent living services or allowed to stay with their foster carers, where applicable, until their education has been completed; and if she will make a statement on the matter. [24497/09]

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

Departmental Staff.

James Reilly

Ceist:

193 Deputy James Reilly asked the Minister for Health and Children the details on the special incentive career break scheme in the Health Service Executive; the eligibility criteria for the scheme; if there are any restrictions to the scheme; if there is a closing date for applications; and if she will make a statement on the matter. [24499/09]

David Stanton

Ceist:

197 Deputy David Stanton asked the Minister for Health and Children the number that have applied under the incentivised schemes for early retirement, career break and shorter working year as detailed in the relevant Health Service Executive human resources circulars 16, 17 and 18; if these schemes have been suspended and the reason for same; when she expects to be in a position to announce the resumption of these schemes; and if she will make a statement on the matter. [24514/09]

I propose to take Questions Nos. 193 and 197 together.

My Department issued a suite of three circulars to the HSE on 15 May 2009, which provided for the Incentivised Scheme for Early Retirement (8/2009), the Incentivised Career Break Scheme (Circular 9/2009) and the Shorter Working Year (10/2009), as announced by the Minister for Finance in his Supplementary Budget Statement of 7 April 2009.

The purpose of these circulars is to facilitate a permanent, structural reduction in the numbers of staff employed along with an associated restructuring of organisation and operations, in as timely a manner as possible and in line with the 2009 Employment Control Framework for the Public Health Sector. While the reduction in numbers achieved under these schemes is intended to contribute significant and ongoing savings to the Exchequer, this must be done in a way that does not undermine essential service provision.

The schemes do not apply, therefore, to grades exempted from the moratorium on recruitment and promotions under the 2009 Employment Control Framework for the Public Health Sector in order to meet the requirements of integrated health care delivery and, in particular, to address needs in the community in respect of care of the elderly and people with disabilities.

Members of all other grades who meet the eligibility criteria will have access to these schemes, provided the grades/staff groups concerned cooperate with the requirements in relation to redeployment, mobility, skill mix and flexibility which are outlined in the employment control framework: this is designed to allow individuals to avail of the schemes while still protecting services. Because staff who retire under the schemes will not be replaced (save in very exceptional cases), employers must pay particular attention, when considering applications, to the scope that exists within the organisation for reorganising and restructuring work in order to minimise the impact on essential service delivery. Staff co-operation and flexibility in that regard is essential.

My Department has been informed by the HSE that the majority of health service trade unions have recently issued a directive instructing their members not to cooperate with redeployment and reassignment requests from management. This instruction severely restricts the ability of management to organise/restructure work practice and contravenes the qualification criteria for the scheme.

However, I understand that applications can still be made to the relevant employer in anticipation of a resolution of the industrial relations issues. Applications can be made under the ISER scheme from the 18th May to the 18th September with a final leaving date of 30th November. Applications can be made under the Special Incentive Career Break scheme from 18th May to the 1st July, with a commencement date no later than 1st September 2009, except in certain circumstances such as the person being on maternity leave or the business needs of the work area. There is no closing date for the Shorter Working Year scheme.

The HSE have provided the following data in relation to the number of enquiries made and applications received in respect of the Incentivised Scheme for Early Retirement and the Special Incentive Career Break Scheme, as at 15 June 2009.

ISER

Enquiries

Applications Received

Total

1,158

12

Career Break

Enquiries

Applications Received

Total

651

10

Data in relation to the Shorter Working Year Scheme is collected locally by the HSE and I have referred the Deputy's query regarding the number of applications received for this scheme, to the HSE for direct reply.

Ambulance Service.

Noel Coonan

Ceist:

194 Deputy Noel J. Coonan asked the Minister for Health and Children the status of the proposed new ambulance base in a town (details supplied) in County Tipperary; the reason for the delay in progressing the project; the timeframe for the completion of the new facility; and if she will make a statement on the matter. [24502/09]

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

Child Care Services.

Tom Hayes

Ceist:

195 Deputy Tom Hayes asked the Minister for Health and Children the figure that has been paid out for 2007, 2008 and 2009 in the national child care investment programme; the figure that is planned for same programme for 2009 and 2010; the other funding that is available to assist in the capital investment involved in starting crèche or child care facilities; and if she will make a statement on the matter. [24504/09]

As the Deputy is aware, I have responsibility for the National Childcare Investment Programme 2006-2010 (NCIP). The NCIP is an ongoing multi-annual investment programme designed to improve the availability and quality of childcare options, primarily through capital grant-aiding the construction and refurbishment of childcare facilities and through current support grants for community services.

The total allocation to the Programme was €575m over five years, of which €358m was in respect of capital and €217m was in respect of current expenditure. By the end of 2008, approximately €180m of the NCIP's capital allocation had been committed, with almost €100m drawn down, of which some €15m was drawn down in 2007 and some €79m was drawn down in 2008. With the exception of a small number of priority projects approved earlier this year, no further commitments are expected to be made in respect of capital grant funding under the NCIP in light of the current economic climate, and the total capital allocation is now €222m. €60m in capital funding has been allocated for, and is expected to be drawn down, in 2009. Capital funding to cover the remaining commitments will be allocated in 2010.

The bulk of the NCIP current funding is expended on the Community Childcare Subvention Scheme (CCSS). The framework for the CCSS was finalised in December 2007 and the Scheme was introduced with effect from January 2008. The CCSS has a total allocation of approximately €160m over the three years 2008-2010. The funding supports community-based childcare providers, enabling them to charge reduced childcare fees to disadvantaged parents. The Scheme is designed to be transparent and effective in targeting disadvantaged parents through the implementation of tiered fee structures based on the ability of parents to pay.

While CCSS funding for community-based childcare services is normally based on the actual parent profile and level of service provided, where a new community service has received capital grant aid a higher level of funding is generally provided to assist the service during the start-up phase.

EU Directives.

Denis Naughten

Ceist:

196 Deputy Denis Naughten asked the Minister for Health and Children the progress made in implementing the European working time directive for non-consultant hospital doctors; the manpower implications this will have on small hospitals; and if she will make a statement on the matter. [24508/09]

In the context of the current economic difficulties and in accordance with a recent High Court settlement agreement between the Irish Medical Organisation (IMO) and the Health Service Executive (HSE), a two phased process is underway to reduce the working hours of non-consultant hospital doctors (NCHDs) to comply with European Working Time Directive (EWTD) requirements to increase flexibility in the working day of NCHDs and to achieve other cost containment measures including a reduction in NCHD overtime.

The first phase of talks under the auspices of the Labour Relations Commission (LRC) concentrated on the introduction of EWTD compliant work patterns, rotas, rosters and on-call arrangements and ended on 22 May, without agreement. Under the terms of the settlement agreement outstanding issues were referred to the Labour Court for adjudication. On 15 June 2009 the Labour Court made the following recommendations:

NCHDs should undertake to operate 5/7 working with effect from 1 July 2009.

The core working day should run from 8am to 9pm Monday to Friday and from 8am to 7pm at weekends.

The minimum length of a shift should be six hours Monday to Friday and 5 hours at weekends.

The number of rostered weekends will be kept to a minimum.

The total daily working hours should not be less than six hours (weekdays) / five hours (weekends) and not more than 13 hours (weekdays) / eleven hours (weekends)

The new rostered working arrangements are to be introduced from 1 July 2009.

The effect of the Labour Court Recommendation would mean a reduction in long hours for NCHDs and improved patient safety. The recommendation will be the subject of a ballot of IMO members to be concluded on or before 25 June 2009. LRC negotiations on all other NCHD contract issues will be dealt with in Phase 2 of the process and must conclude by 16 October. All outstanding issues will be referred to binding adjudication by the Labour Court with a ruling by 20 November 2009. I have asked the HSE to investigate the manpower implications for small hospitals and to reply directly to the Deputy.

Question No. 197 answered with Question No. 193.

Hospital Waiting Lists.

Sean Sherlock

Ceist:

198 Deputy Seán Sherlock asked the Minister for Health and Children if she will expedite an appointment at Cork University Hospital for a person (details supplied) in County Cork who has been waiting over two years. [24520/09]

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.

Medical Cards.

John Perry

Ceist:

199 Deputy John Perry asked the Minister for Health and Children if she will confirm that a medical card will be awarded to a person (details supplied) in Dublin 2 as a matter of urgency; and if she will make a statement on the matter. [24525/09]

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

Health Services.

Rory O'Hanlon

Ceist:

200 Deputy Rory O’Hanlon asked the Minister for Health and Children the cost of transport other than the acute ambulance service to the Health Service Executive in the past year for which figures are available; and if she will make a statement on the matter. [24534/09]

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

Medical Cards.

Jack Wall

Ceist:

201 Deputy Jack Wall asked the Minister for Health and Children the position regarding the application by a person (details supplied) in County Kildare for a medical card; and if she will make a statement on the matter. [24541/09]

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

National Treatment Purchase Fund.

Seán Ó Fearghaíl

Ceist:

202 Deputy Seán Ó Fearghaíl asked the Minister for Health and Children if patients with scoliosis awaiting surgical procedures can be dealt with by the National Treatment Purchase Fund; and if she will make a statement on the matter. [24568/09]

The National Treatment Purchase Fund (NTPF) was established to tackle the issue of excessive waiting times for hospital treatment for public patients. The Fund has been very successful in fulfilling this remit and has arranged treatment for over 145,000 patients to date. On average, public patients are now waiting 2.6 months for their operations, down from two-to-five years before the NTPF was established. For reasons of patient safety, highly specialised and complex paediatric cases like scoliosis cannot usually be provided within the private sector and it is best clinical practice that these patients are treated through the public hospital system.

The NTPF has arranged treatment for a limited number of patients with scoliosis to undergo surgery in a public hospital. No additional remuneration accrued to the treating consultant in respect of these exceptional cases, which involved patients whose medical condition was deemed clinically suitable for treatment in another hospital.

Contrary to recent claims, scoliosis procedures arranged by the NTPF do not cost two to three times that of similar procedures in the public sector. The NTPF negotiates competitive prices and no premium is paid for work done through the NTPF. The Fund will continue to deal with exceptional cases, having regard to the patients' medical condition, suitability and safety, as well as length of time waiting for treatment.

Medical Cards.

Seán Ó Fearghaíl

Ceist:

203 Deputy Seán Ó Fearghaíl asked the Minister for Health and Children if having regard to the recovery by the Health Service Executive of 9,264 over 70s medical cards as part of a date quality exercise, these cards related to persons who had died, or left the State; if payments were made by the HSE in respect of these cards; if payments made have or will be recovered; and if she will make a statement on the matter. [24569/09]

Following enactment of the Health Act 2008, the Health Service Executive (HSE) wrote to all medical card holders aged 70 years and over in January 2009. Persons who were in receipt of a medical card on a non means tested basis were requested, if over the income limits set out in the Act, to make a declaration to the Executive, on or before the 2nd March 2009.

To-date, 19,954 medical cards for persons aged 70 and over have been returned or removed from the medical card register. 10,690 of these cards were returned to the HSE by persons aged 70 or over whose weekly income was in excess of the specified thresholds and a further 9,264 medical cards were removed from the medical card register as part of a data quality exercise, where for example, the HSE had been advised that the card holder is deceased or the card holder was not known at the address, etc. The HSE has advised my Department that it has commenced calculations to determine if any recoupment is required to be processed as a result of its data validation exercise.

Nursing Homes Repayment Scheme.

Michael Ring

Ceist:

204 Deputy Michael Ring asked the Minister for Health and Children if, in relation to an appeal by a person (details supplied) in County Longford under the health repayment scheme, where the appeals office states that a residence was governed by the terms of a private contract, she will state who this private contract was between. [24587/09]

Michael Ring

Ceist:

205 Deputy Michael Ring asked the Minister for Health and Children if, in relation to an appeal by a person (details supplied) in County Longford under the health repayment scheme where the appeals office used a term, she will explain the meaning of this term; the person who the person in question was boarded out to; and the person who made the decision to board them out. [24588/09]

I propose to take Questions Nos. 204 and 205 together.

The Health Repayment Scheme Appeals Office is an independent office established to provide an appeals service to those who wish to appeal the decision of the Scheme Administrator under the Health (Repayment Scheme) Act 2006.

The claimant referred to by the Deputy lodged an Appeal Form with the Health Repayment Scheme Appeals Office on 30 June 2008 and an oral Hearing with an Appeals Officer was arranged for the claimant on 16 September 2008. The Appeals Officer made a determination on this appeal on 12 June 2009 and this written decision providing the claimant with the reasons for the decision was sent to the claimant.

The reference to "private contract" in the following sentence from the Appeals Officer's decision letter "I am informed by the HSE that her residence in Mary Martin Nursing Home was governed by the terms of a private contract and accordingly I am satisfied that the charges that she incurred while resident there are not recoverable health charges under the Scheme." refers to the contract between the late patient and the private nursing home. The term “boarded out” referred to by the Deputy is not used in the Appeals Officer’s decision letter to the claimant.

Health Services.

Ciaran Lynch

Ceist:

206 Deputy Ciarán Lynch asked the Minister for Health and Children her plans to pursue the phased opening of three houses intended to house 17 residents of a care centre (details supplied) in County Westmeath; the criteria which will be used to select candidates for housing; the schedule in place for the move; and if she will make a statement on the matter. [24590/09]

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

Hospital Services.

Michael Ring

Ceist:

207 Deputy Michael Ring asked the Minister for Health and Children the cutbacks that are proposed at a hospital (details supplied) in County Galway. [24620/09]

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

Mental Health Services.

Denis Naughten

Ceist:

208 Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 208 of 28 April 2009, if the Health Service Executive has presented the revised submission; the implications this has for the future sale of psychiatric hospitals and the retention of funds for the development of the mental health services; and if she will make a statement on the matter. [24621/09]

'A Vision for Change’ the Report on the Expert Group on Mental Health Policy recommended that a plan to bring about the closure of all psychiatric hospitals should be drawn up and implemented and that the resources released by these closures should be re-invested in the mental health service. The Departments of Finance and Health and Children have agreed in principle to the release of the proceeds of the disposal of properties prior to 2006 for reinvestment in mental health capital development.

The arrangements for property disposal require Department of Finance approval in each case, the lodging of the proceeds as Exchequer Extra Receipts and the re-voting of the funds for approved projects. Disposals to date amount to over €42m and a submission detailing the projects to be funded from these disposals was received from the HSE in February last. Following examination of the proposals and discussions with the HSE, a revised submission was requested. A revised submission has now been received from the HSE and is currently under consideration in my Department with a view to submission to the Department of Finance.

Health Services.

Finian McGrath

Ceist:

209 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 9. [24625/09]

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

Hospitals Building Programme.

Joe Costello

Ceist:

210 Deputy Joe Costello asked the Minister for Health and Children if the National Children’s Hospital has been included in the list of Health Service Executive capital projects which have been stopped; the present stage of development of the National Children’s Hospital project; and if she will make a statement on the matter. [24634/09]

Work on the development of the National Paediatric Hospital is ongoing with the following progress made to-date:

The NPH Development Board (NPHDB) was established in May 2007.

A site at the Mater Hospital Campus has been ceded to the Health Service Executive to accommodate this development.

The NPH Development Board has appointed an Executive, a Business Services Team and is in the process of completing a contract for Project Management Services.

Following an extensive planning and stakeholder consultation process, the project brief is being finalised and will be issued in July 2009 to the relevant parties, including the Department of Health and Children and the Department of Finance.

A public procurement tendering process is currently underway to appoint an Integrated Design Team to design the hospital and carry out the required architectural, engineering and environmental work in advance of submitting a planning application.

The Health Service Executive is working closely with the NPH Development Board to progress this project, which is a priority for the Government.

Health Service Staff.

Michael Noonan

Ceist:

211 Deputy Michael Noonan asked the Minister for Health and Children if her attention has been drawn to the fact that there is currently no paediatric occupational therapist available within primary care in the mid-western region of the Health Service Executive and that while the post has been interviewed and panelled the filling of same has been delayed as a result of the moratorium; the way a patient in need of paediatric occupational therapy in the region may access this treatment; and if she will make a statement on the matter. [24643/09]

There has been a growing demand for, and investment in, occupational therapy services over the last number of years. A particular priority for my Department and the Department of Education and Science in recent years has been the expansion of the supply of therapy graduates. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future. In this regard, since 1997, the number of training places for occupational therapy has been increased from 29 to 110 which represents an increase of 279%.

Almost 130,000 people work full-time or part-time in our public health services. In recent years, the Government's ongoing high level of investment in health has achieved and maintained significant increases in the numbers of doctors, nurses and other healthcare professionals employed in the public health services. The numbers employed in occupational therapy has also grown significantly, from 291 whole time equivalents employed in December 1997 rising to 1,093 whole time equivalents employed in March 2009, which represents an increase of 276%. The Government is committed to ensuring continued adequate recruitment of professional staff across a range of community settings to ensure the continued development of community services. Additional funding of €20 million has been provided in 2009 for health and education services for children with special educational needs. This funding will provide a total of 125 additional therapy posts in the HSE targeted at children of school-going age. 90 of these will be in the disability services, including occupational therapists, speech and language therapists and physiotherapists.

My Department recently wrote to the Health Service Executive setting out the overall approved employment control ceiling for 2009. As part of this approval, written confirmation has been provided to the HSE that the general moratorium on recruitment, promotion and the payment of acting up allowances does not apply to specific designated grades. Delegated sanction has been given to the HSE for the creation and filling of frontline posts including occupational therapy, speech and language therapy and physiotherapy posts. The approval indicated that vacancies in existing posts in these grades may continue to be filled. New posts may also be created in these grades, up to a specified limit, provided that the HSE is satisfied in each case that there is no scope to redeploy an equivalent post from the hospital sector to the primary and community care sector. This moratorium exemption provides for an increase in the number of therapy posts, in line with Government policy, in order to meet the requirements of integrated care delivery and primary care needs particularly in respect of children at risk, the elderly and those with disabilities. The recruitment and retention of these key front line therapy posts, including occupational therapists, is vital to ensure continued progress in the development of community settings. Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. It is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. With regard to occupational therapy posts in the mid-western region, as this is a service matter it has been referred to the HSE for direct reply.

Health Services.

Caoimhghín Ó Caoláin

Ceist:

212 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the criteria applied by the Health Service Executive in cutbacks to women’s refuge services; if a particular amount is allocated per average number of service users per year; and if she will make a statement on the matter. [24647/09]

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

Caoimhghín Ó Caoláin

Ceist:

213 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children her plans to reinstate funds to refuge services, which have had their funds cut, in order that they may continue to provide these services. [24648/09]

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

Caoimhghín Ó Caoláin

Ceist:

214 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the cutbacks made to each refuge service funded by the Health Service Executive; and if she will make a statement on the matter. [24649/09]

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

Caoimhghín Ó Caoláin

Ceist:

215 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children her plans to support women and children who are being turned away from refuge services which cannot cater for them due to the cutbacks which have been made. [24650/09]

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

Hospital Services.

Ciaran Lynch

Ceist:

216 Deputy Ciarán Lynch asked the Minister for Health and Children the discharge services which will be available to a person (details supplied) in County Cork who is soon to undergo surgery; and if she will make a statement on the matter. [24669/09]

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

Health Services.

Michael McGrath

Ceist:

217 Deputy Michael McGrath asked the Minister for Health and Children if she will consider reversing a cut in home help hours for a person (details supplied) in County Cork in view of the circumstances that apply. [24720/09]

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

Hospital Services.

Michael McGrath

Ceist:

218 Deputy Michael McGrath asked the Minister for Health and Children her plans to regulate the area of cosmetic and plastic surgery and the qualifications of surgeons carrying out procedures in this area. [24721/09]

The Medical Council is charged with responsibility for the registration of medical practitioners and the regulation of their activities. The Medical Practitioners Act 2007 provides for a clear compulsory requirement for registration for all medical practitioners, including cosmetic surgeons.

In January 2007, as part of the government's commitment to ensuring patient safety and quality in our health service, I established a Commission on Patient Safety and Quality Assurance to develop clear and practical recommendations to ensure that quality and safety of care for patients is paramount within the healthcare system. The Commission's Report — ‘ Building a Culture of Patient Safety’ was published in August 2008. The Commission recommended that there should be a mandatory licensing system in Ireland to cover both public and private healthcare providers. It further recommended that the licensing system should commence with application to the acute hospitals and other facilities based on analysis of potential risk to patient safety and that this list should include facilities where the following treatments are provided:

medical treatment under anaesthesia or sedation

dental treatment under general anaesthesia

obstetric services

cosmetic surgery

other techniques/technologies such as laser and intense pulse light therapy, hyperbaric oxygen chambers, private dialysis, In Vitro Fertilisation and endoscopies and any other to be prescribed by the Minister for Health and Children.

The Government recently accepted the Commission's report and approved the commencement of work on the drawing up of detailed proposals for legislation to give effect to its central recommendation on the licensing of both public and private healthcare providers. This legislation will be complex and it is anticipated that the Bill will be published in 2011. The Government also supported the establishment of a Steering Group, chaired by the Chief Medical Officer of the Department of Health and Children, to drive the implementation of all the report's recommendations. This Steering Group has now been established. Its first meeting took place on 4 June and it has begun its work on an overall implementation plan to be completed within 18 months of establishment.

Persons who avail of the services of doctors performing plastic surgery should endeavour to seek the services of reputable providers. When invasive procedures are being arranged, persons would be advised to check that the services are provided by a medical practitioner who is appropriately registered with the Medical Council. In addition, before agreeing to undergo any procedure, persons should ascertain the level of follow-up medical support which will be available to them after the surgery has been completed.

The Medical Council produces a Guide to Ethical Conduct and Behaviour which includes guidance for doctors on the required standard for practice premises and standards in relation to centres of health care. The Council is in a position to consider alleged breaches of the guide in respect of doctors who are registered with it. Where a concern arises about the professional activity of a registered medical practitioner, the Medical Council has the power to investigate the circumstances of the complaint, and, if a prima facia case exists, to conduct an inquiry. Where a finding of professional misconduct or unfitness to practise is made against a doctor, the Council has the authority to suspend, limit or revoke the registration of that individual.

Medicinal Products.

Michael McGrath

Ceist:

219 Deputy Michael McGrath asked the Minister for Health and Children if she will consider including a medicine (details supplied) under the general medical card scheme or the drugs payment scheme. [24722/09]

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

Care of the Elderly.

Fergus O'Dowd

Ceist:

220 Deputy Fergus O’Dowd asked the Minister for Health and Children if she has received the report of the commission of inquiry into Leas Cross Nursing Home, County Dublin; if she will provide a copy of the report to relatives of former patients in Leas Cross before publication; if she will publish the report in full; and if she will make a statement on the matter. [24742/09]

The Commission of Investigation, established to investigate the management, operation and supervision of the former Leas Cross Nursing Home has completed its work. The Commission's Final Report, submitted to my colleague the Minister for Health and Children on Wednesday 10 June, 2009 is under consideration.

As the Deputy is aware this Commission was established by the Government, under the Commissions of Investigation Act 2004, in the light of the gravity of the issues raised by previous reviews into this nursing home and the resultant public concern surrounding these matters generally. This Act provides that a Commission's Final Report shall be published as soon as possible after submission to a specified Minister, subject to the other requirements of the Act. It was originally intended that the Final Report of this particular Commission would be published and I wish to re-iterate that this remains the position. The Minister will determine the appropriate steps to be taken, including the issues raised by the Deputy, with a view to publishing the Report of the Commission at the earliest possible date.

Data Protection.

Denis Naughten

Ceist:

221 Deputy Denis Naughten asked the Minister for Health and Children in view of the disclosure that the Health Service Executive breached its commitment to the Data Protection Commissioner and State code of practice following the theft of laptops from the HSE offices in Roscommon town and following concerns that unencrypted information may include confidential information relating to individuals, if she will outline HSE procedures regarding the handling of sensitive patient data and details of the content of the material on the laptop concerned; and if she will make a statement on the matter. [24756/09]

The Health Service Executive fully recognises the obligation it has in relation to the personal and sensitive information that it holds and is fully committed to ensuring its protection. The HSE has developed and implemented a comprehensive set of information security policies based on respecting and protecting the privacy and confidentiality of the information it holds at all times. These policies cover electronic communications, acceptable use of information and communications technology, password standards, encryption and security of mobile devices. The policies apply to all information held by the HSE, all ICT technology resources and all users of HSE information. Responsibility for ensuring ongoing compliance with these policies is primarily a matter for senior HSE management, line managers and users of the information.

The HSE currently has approximately 5,400 laptops in use. Encryption of all laptops commenced last September with priority being given to those holding clinical and other sensitive data. A dedicated programme supported by communications was put in place with over 90% of all laptops encrypted to date.

In the recent break-in at the Roscommon HSE office fifteen laptops were stolen. Thirteen of these stolen laptops were encrypted but, unfortunately two of the stolen laptops were not encrypted. One of these unencrypted laptops did not contain confidential or personal data, while the other contained information relating to a social worker's case notes involving nine families.

The HSE very much regrets the breach in its security policy and procedures. The families concerned have been contacted and briefed on the matter.

The HSE has reissued a directive to staff informing them of their responsibilities to have laptops encrypted and drawing attention to the potential consequences for clients, staff and the organisation of failure to do so.

Health Services.

Bernard J. Durkan

Ceist:

222 Deputy Bernard J. Durkan asked the Minister for Health and Children the position in relation to the application for a nursing home bed by a person (details supplied) in County Kildare; and if she will make a statement on the matter. [24760/09]

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

Denis Naughten

Ceist:

223 Deputy Denis Naughten asked the Minister for Health and Children the funding spent by the Health Service Executive on taxis in 2008 and to date in 2009 in each hospital network area; the amount of these funds used to transport patients; the steps being taken to reduce these figures; and if she will make a statement on the matter. [24762/09]

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

Hospitals Building Programme.

Pat Breen

Ceist:

224 Deputy Pat Breen asked the Minister for Health and Children if she will confirm the date on which planning permission was obtained for the recently opened maternity unit at Cork University Hospital; the planning reference number of such permission; and if she will make a statement on the matter. [24783/09]

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

Hospital Services.

Jack Wall

Ceist:

225 Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) will receive an appointment date for an operation at Tullamore General Hospital, County Offaly; and if she will make a statement on the matter. [24878/09]

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

Medical Cards.

Richard Bruton

Ceist:

226 Deputy Richard Bruton asked the Minister for Health and Children if she will clarify the income limits and other conditions that apply to a person living with their parents to be deemed eligible to apply for an independent medical card without regard to their parents' income or their parents' eligibility. [24883/09]

Persons aged 16 years or older, who are financially independent of their parents, including those living with their parents, are assessed independently. In such cases, the determination of eligibility for a medical card is based on their own income. The assessment is carried out in accordance with the Health Service Executive's general medical card / GP visit card income guidelines.

The income threshold for an independent single person aged up to 65 years and living with family is €164 net per week for a medical card and €246 net per week for a GP visit card.

Persons living with parents who are assessed independently and who do not qualify for a medical card under the income thresholds and whose circumstances are such that it would cause them undue hardship to provide medical and surgical services for themselves may be considered for a discretionary medical card.

I would also point out that under the Health Services (No. 3) Regulations, 1983 (S.I. No. 381 of 1983) persons aged between 16 and 25 years, who are financially dependent on their parents qualify for a medical card and associated benefits if their parents are medical card holders.

Richard Bruton

Ceist:

227 Deputy Richard Bruton asked the Minister for Health and Children the circumstances in which persons who hold British or EU pensions qualify without reference to income for a medical card. [24884/09]

Regulation (EC) 1408/71 deals with the coordination of social security, including healthcare, for those moving within the European Union. Under its provisions, persons residing in Ireland who are attached to the social security system of another member state are entitled to receive healthcare services in Ireland at the cost of the member state with which they are affiliated. This is in accordance with Annex VI of the Regulation (text relating to Ireland), which states that such persons “are entitled free of charge to all medical treatment provided for by Irish legislation where the cost of this treatment is payable by the institution of a Member State other than Ireland.”Income is irrelevant to entitlements under the Regulation.

EU pensioners resident in Ireland and who are in receipt of a qualifying pension as evidenced by form E121 receive a medical card as evidence of their entitlement to healthcare, provided they are not subject to Irish social security legislation. A person is considered subject to Irish social security legislation if s/he is in receipt of a contributory Irish social welfare payment or engaged in work in Ireland and subject to PRSI. Pensioners from the UK are not required to have an E121 but must provide proof that they are in receipt of a UK social security pension.

Departmental Expenditure.

Terence Flanagan

Ceist:

228 Deputy Terence Flanagan asked the Minister for Health and Children the amount spent annually by the health promotion unit of her Department and the Health Service Executive on underage drinking awareness; and if she will make a statement on the matter. [24907/09]

As the Department of Health and Children no longer funds health promotion awareness campaigns directly and, as this is a service matter, it has been referred to the Health Service Executive for direct reply.

Health Services.

James Reilly

Ceist:

229 Deputy James Reilly asked the Minister for Health and Children the assistance supports which have been offered to a person (details supplied) in County Dublin; and if she will make a statement on the matter. [24908/09]

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

Health Service Allowances.

Tom Sheahan

Ceist:

230 Deputy Tom Sheahan asked the Minister for Health and Children if she will confirm that the lifelong monthly payments received by the 32 acknowledged thalidomide survivors will continue to be awarded in full and that it will not be affected by the withdrawal of the Christmas bonus which has always formed part of the annual compensation sum received; and if she will make a statement on the matter. [24911/09]

There are thirty two thalidomide victims in the State.

Each of the people affected by thalidomide has a unique set of problems to deal with and is in receipt of a special monthly payment made to persons suffering from the effects of thalidomide. Each individual is entitled to a medical card and health services are made available to support them.

The payment is made to affected persons by the Department of Health and Children. Payment of a Christmas bonus is by approval by the Department of Social and Family Affairs, on foot of a Government decision each year. The monthly payment to victims of thalidomide is between €514.59 and €1,109.46. The Christmas bonus for weekly social welfare recipients and recipients of the thalidomide payment has traditionally added one additional week's payment.

The Minister for Social and Family Affairs has explained that the Government's decision in the April Supplementary Budget to discontinue funding for the Christmas bonus this year is necessary to help restore order and stability to the public finances. Payment of a Christmas bonus to persons suffering the effects of thalidomide are included in this decision.

Inter-Country Adoptions.

Michael McGrath

Ceist:

231 Deputy Michael McGrath asked the Minister for Health and Children when she expects the Adoption Bill 2009 to be enacted; and if she will ensure that a bilateral inter-country adoption agreement is in place with both Russia and Vietnam prior to the enactment of the Bill. [24914/09]

The Adoption Bill, 2009, was initiated in the Seanad and has recently passed all stages in that House. The Bill will continue to be prioritised by Government for its passage through the Oireachtas.

I have reported in detail to both Houses on the situation regarding a bilateral agreement with Vietnam in recent weeks. It is not possible for me to either give a timetable or anticipate when discussions on the agreement will be finalised. Discussions on a new bilateral agreement remain live and the request regarding the negotiation of an interim arrangement has been made. It is now a matter for the Vietnamese authorities and, as such, it would be improper for the Government to seek to influence or interfere with this decision-making process.

My Office has been working actively to assess the possibilities of entering into bi-lateral agreements with a small number of countries from which Irish applicants have traditionally adopted, including the Russian Federation. Work in relation to the Russian Federation has been ongoing for some time. This has included contacts with the Irish Embassy in Moscow and legal and other preparatory work on the possibility of a draft Inter-Country Adoption Agreement between the two countries. A first formal meeting was arranged with the assistance of the Department of Foreign Affairs. This meeting of officials of the OMCYA and the Embassy of the Russian Federation in Ireland took place early last month. I will continue to advance this matter with the assistance of my colleague Minister Martin and of his officials in both Dublin and Moscow.

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

Health Services.

Róisín Shortall

Ceist:

232 Deputy Róisín Shortall asked the Minister for Health and Children when a person (details supplied) in Dublin 9, can expect to be called for a procedure; and if in view of the seriousness and urgency of this condition, she will arrange for this appointment to be scheduled at the earliest possible date. [24920/09]

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

Hospital Services.

Billy Timmins

Ceist:

233 Deputy Billy Timmins asked the Minister for Health and Children the position in relation to respite at a hospital (details supplied) in County Wicklow which will be shut down due to cutbacks; if this decision will be re-examined and the respite service put back in place immediately; and if she will make a statement on the matter. [24935/09]

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

Departmental Advertising.

Leo Varadkar

Ceist:

234 Deputy Leo Varadkar asked the Minister for Health and Children if agencies, boards, quangos or other bodies within the remit of her Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by her Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, on-line advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if she will make a statement on the matter. [24973/09]

Leo Varadkar

Ceist:

235 Deputy Leo Varadkar asked the Minister for Health and Children if her Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by her Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if she will make a statement on the matter. [24988/09]

I propose to take Questions Nos. 234 and 235 together.

The information requested by the Deputy is not readily available. However my Department is compiling the information which will be forwarded to the Deputy as soon as it is available.

With regard to the Health Service Executive, my Department has requested the Parliamentary Affairs Division of the Executive to reply directly to the Deputy in respect of related expenditure by the Executive.

Preschool Services.

Fergus O'Dowd

Ceist:

236 Deputy Fergus O’Dowd asked the Minister for Health and Children if extra preschool hours will be assigned to a child (details supplied) in County Louth; and if she will make a statement on the matter. [24993/09]

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. It has been designed to provide children with access to an appropriate level and quantity of programme based activities over the course of the year, which is reflected in the requirement that 3 hours a day, 5 days a week over 38 weeks is provided in the case of sessional playschool services, and 2 hours, 15 minutes a day, 5 days a week over 50 weeks is provided in the case of full or part-time daycare services. Children will qualify in respect of one year's provision.

Participating children must, normally be aged between 3 years 3 months and 4 years 6 months on 1st September of each year. As the child referred to by the Deputy will be almost 4 years and 1 month of age at 1 September 2009, she will be eligible for the pre-school year in January 2010. If the child in question will not commence primary school until a date later than September 2010, due to having been assessed by the HSE as having a special need which makes this appropriate, she can, alternatively, avail of the pre-school year at a later date to coincide with her actual pre-school year.

Drug Addiction.

Joe Costello

Ceist:

237 Deputy Joe Costello asked the Minister for Health and Children the estimated number of addicts here in each of the past five years; the number who are in receipt of treatment for their addiction in each of the past five years; and if she will make a statement on the matter. [24996/09]

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

Health Service Staff.

Joe McHugh

Ceist:

238 Deputy Joe McHugh asked the Minister for Health and Children the position in relation to a person (details supplied) in County Donegal with respect to a scheme; and if she will make a statement on the matter. [25000/09]

The Incentivised Scheme of Early Retirement in the HSE is provided for in Circular 8/2009, which issued on 15th May, 2009. Applications can be made under the scheme from the 18th May to the 18th September with a final leaving date of 30th November.

The ISER does not apply to grades exempted from the moratorium on recruitment and promotions under the 2009 Employment Control Framework for the Public Health Sector in order to meet the requirements of integrated health care delivery and, in particular, to address needs in the community in respect of care of the elderly and people with disabilities.

Members of all other grades who meet the eligibility criteria will have access to the ISER provided the grades/staff groups concerned cooperate with the requirements in relation to redeployment, mobility, skill mix and flexibility which are outlined in the employment control framework: this is designed to allow individuals to avail of the ISER while still protecting services. Because staff who retire under the scheme will not be replaced (save in very exceptional cases), employers must pay particular attention, when considering applications, to the scope that exists within the organisation for reorganising and restructuring work in order to minimise the impact on essential service delivery. Staff cooperation and flexibility in that regard is essential.

My Department has been informed by the HSE that the majority of health service trade unions have recently issued a directive instructing their members not to cooperate with redeployment and reassignment requests from management. This instruction severely restricts the ability of management to organise/restructure work practice and contravenes the qualification criteria for the scheme.

However, applications can be made to the relevant employer in anticipation of a resolution of the industrial relations issues.

Hospital Sevices.

Leo Varadkar

Ceist:

239 Deputy Leo Varadkar asked the Minister for Health and Children the reason a person (details supplied) in Dublin 5 who has an operation on 9 March 2009 is waiting for treatment; and if she will make a statement on the matter. [25008/09]

The matter raised by the Deputy is an operational one and accordingly has been referred to the HSE for direct reply.

Children in Care.

Caoimhghín Ó Caoláin

Ceist:

240 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of residential beds for children the Health Service Executive has within its own services; and if she will make a statement on the matter. [25022/09]

Caoimhghín Ó Caoláin

Ceist:

241 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of children occupying residential beds within Health Service Executive services; and if she will make a statement on the matter. [25023/09]

I propose to take Questions Nos. 240 and 241 together.

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

Caoimhghín Ó Caoláin

Ceist:

242 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of children in care whose access to visits has been cut due to a reduction in mileage allowances for Health Service Executive staff. [25024/09]

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

Proposed Legislation.

James Reilly

Ceist:

243 Deputy James Reilly asked the Minister for Health and Children her plans to introduce legislation compelling unit information and pregnancy warnings on alcohol beverage labels; the reasons for the delay in the introduction of such legislation despite the support of the Irish drinks industry; and if she will make a statement on the matter. [25026/09]

My Department's legislative programme includes a proposal to provide for mandatory labelling of all alcohol containers advising of the risks of consuming alcohol during pregnancy and to show on the label a measure of the amount of alcohol contained in each bottle/can. My Department is continuing to examine the scope and content of legislation in this area. When the proposals for legislation are fully developed the Heads of a Bill will be submitted to Government for approval in the normal way.

Hospital Services.

Caoimhghín Ó Caoláin

Ceist:

244 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she will ensure the retention of all acute services at Wexford General Hospital, including accident and emergency services; if she will ensure that adequate resources will be provided to maintain this essential health care facility for the people of Wexford and the south east; and if she will make a statement on the matter. [25027/09]

The fundamental objective of Government health policy is to maximise the health status of the population. The Government is committed to ensuring quality health services, delivered efficiently and effectively. Ensuring patient safety is paramount, so that people can have confidence in the services and that the best possible patient outcomes are achieved. I believe that the approach being taken by the HSE in relation to the configuration of acute hospital services is the best way forward.

The Executive established a Steering Group in April, 2009 to review the current service configuration and to prepare proposals for the future organisation of acute hospital services in the South-East. The Steering Group, which includes the Clinical Directors of the four acute hospitals concerned, will work with a number of specialty advisory groups to assist in the development of evidence-based proposals which will ensure the provision of safe, sustainable and cost-effective services. The HSE confirmed that until this work has been completed, no decisions will be taken regarding the roles of the individual hospitals or the services they should provide into the future.

Hospital Accommodation.

Caoimhghín Ó Caoláin

Ceist:

245 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the action she will take to secure the reopening of a ward (details supplied) in County Dublin, as the closure has resulted in a severe bed shortage and distress for patients awaiting beds in the hospital; and if she will make a statement on the matter. [25028/09]

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

Care of the Elderly.

James Reilly

Ceist:

246 Deputy James Reilly asked the Minister for Health and Children if sheltered housing schemes in which elderly residents reside will be included in the inspection regime under the proposed nursing home support Bill; and if she will make a statement on the matter. [25029/09]

I take it that the Deputy is referring to the new inspection regime in respect of residential care facilities for older people in Ireland. The Health Act, 2007 sets out the functions of the Office of the Chief Inspector for Social Services as part of the Health Information and Quality Authority. One of the functions the Chief Inspector will be responsible for is inspecting designated centres against the Regulations governing these centres and approved national Standards. The definition of a designated centre as set out in Section 2 of the 2007 Act does not include sheltered housing schemes. It is intended to have the relevant parts of the Act commenced on 1 July, 2009 to allow the Chief Inspector inspect all centres against the regulations governing these centres together with the standards set by HIQA and approved by my colleague Minister Harney earlier this year.

General Medical Services Scheme.

Caoimhghín Ó Caoláin

Ceist:

247 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number and percentage of women general practitioners in the general medical scheme, by local health office area. [25042/09]

Caoimhghín Ó Caoláin

Ceist:

248 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children her views on whether a woman has a right to consult with a woman general practitioner if that is her preference; the steps she is taking to ensure this right can be exercised by women patients; and if she will make a statement on the matter. [25043/09]

Caoimhghín Ó Caoláin

Ceist:

249 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the steps that will be taken by the Health Service Executive to accommodate women medical card holders who wish to consult with a female general practitioner if there is no female GP on the general medical scheme locally. [25044/09]

Caoimhghín Ó Caoláin

Ceist:

250 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the steps she will take to increase the number of women general practitioners in the general medical scheme, particularly in rural areas. [25045/09]

Caoimhghín Ó Caoláin

Ceist:

251 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if it is the case that there is no female general practitioner on the general medical scheme in an area (details supplied) in County Donegal; the steps she has taken to rectify this situation; and if she will make a statement on the matter. [25046/09]

I propose to take Questions Nos. 247 to 251, inclusive, together.

The Health Service Executive (HSE) has the operational responsibility for the General Medical Services (GMS) Scheme. The Executive is anxious to ensure that one of the key principles underpinning the scheme, (i.e. a choice of doctor) is maintained and supported to the fullest extent possible. This includes having regard to available medical manpower and facilitating access to a female doctor on the part of female patients in managing their care. This, however, is not always possible where, for example, there is only one doctor available in an area. In these circumstances the choice available to patients is necessarily limited.

The HSE indicates that as a result of the emergence of group practice arrangements, GP contractors are increasingly employing additional medical personnel in their practices, a development which has contributed to an increase in the number of female doctors to treat patients.

The development of Primary Care Teams, which is a key priority for the Executive, will also ensure that patients have access to a wider range of medical and other professionals, which in turn will enhance the gender composition of primary care resources. In addition, over the past number of years, the majority of participants on GP vocational training courses are female and this trend will contribute further to increasing the number of female GPs into the future. Significant investment in structured GP out-of-hours arrangements over the past decade or so has also enhanced the attractiveness of general practice for female graduates.

I would point out that patients have a right to choose a GP under the GMS Scheme or on a private basis. Medical Council Ethical Guidelines state that doctors who consider that they don't have the necessary skills/facilities to undertake management of a patient should refer to a colleague who does. Doctors must also facilitate a patient's request for a second medical opinion.

In relation to the Deputy's questions regarding the number and percentage of women GPs in the GMS Scheme, by local health area, and the situation regarding the availability of female GPs in the area specified by the Deputy, 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.

Hospital Waiting Lists.

James Reilly

Ceist:

252 Deputy James Reilly asked the Minister for Health and Children if, in relation to Our Lady’s Hospital, Crumlin, she will confirm there are more than 500 patients awaiting inpatient treatment for over three months, six months, and in some cases over a year; if she will provide figures and waiting times and the procedures these patients are awaiting; and if she will make a statement on the matter. [25048/09]

The management of waiting lists generally 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.

National Treatment Purchase Fund.

James Reilly

Ceist:

253 Deputy James Reilly asked the Minister for Health and Children if she will list in tabular form the various procedures carried out by the National Treatment Purchase Fund since its inception to date in 2009; the age profile per procedure in groups of ten years; the costs associated with each procedure annually and age group; the moneys that were spent outside Ireland; and if she will make a statement on the matter. [25049/09]

As the Deputy's question relates to the operation of the National Treatment Purchase Fund, my Department has asked the Chief Executive of the Fund to reply directly to the Deputy with the information requested, insofar as it can be provided.

Departmental Representations.

Denis Naughten

Ceist:

254 Deputy Denis Naughten asked the Minister for Health and Children if she will report on a meeting (details supplied); and if she will make a statement on the matter. [25054/09]

I met with Duchenne Ireland last week and we discussed the issues raised during the Government motion in the Dáil on Thursday 21st May 2009. At the recent meeting, I undertook to reflect on the issues in association with officials from the Department of Health and Children and to arrange to meet Duchenne Ireland again in the near future.

Nursing Home Subventions.

Denis Naughten

Ceist:

255 Deputy Denis Naughten asked the Minister for Health and Children the number of persons in receipt of the nursing home subvention in each primary, community and continuing care area; the rate of payment in each area; and if she will make a statement on the matter. [25086/09]

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

Health Service Reform.

Kathleen Lynch

Ceist:

256 Deputy Kathleen Lynch asked the Minister for Health and Children when the guidelines entitled Procedure for Obtaining Consent for Non-Emergency Treatment/Service from Parents of Children and Young People Under the Age of 18 Years will be published; and if she will make a statement on the matter. [25103/09]

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

Departmental Staff.

Michael Ring

Ceist:

257 Deputy Michael Ring asked the Minister for Health and Children if staff from a section (details supplied) in County Mayo will be replaced while they are on leave. [25201/09]

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

Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. As this is a service matter it has been referred to the HSE for direct reply.

Medical Cards.

Bernard J. Durkan

Ceist:

258 Deputy Bernard J. Durkan asked the Minister for Health and Children if an extended medical card will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25218/09]

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

Health Service Staff.

Lucinda Creighton

Ceist:

259 Deputy Lucinda Creighton asked the Minister for Health and Children if the early retirement scheme for public sector workers is being extended to Health Service Executive staff; if so, when this will take place; and if she will make a statement on the matter. [25222/09]

The Incentivised Scheme of Early Retirement in the public health sector is provided for HSE employees in Circular 8/2009 which issued on 15th May, 2009. Applications can be made under the scheme from the 18th May to the 18th September with a final leaving date of 30th November. The ISER does not apply to grades exempted from the moratorium on recruitment and promotions under the 2009 Employment Control Framework for the Public Health Sector in order to meet the requirements of integrated health care delivery and, in particular, to address needs in the community in respect of care of the elderly and people with disabilities.

Members of all other grades who meet the eligibility criteria will have access to the ISER provided the grades/staff groups concerned cooperate with the requirements in relation to redeployment, mobility, skill mix and flexibility which are outlined in the employment control framework: this is designed to allow individuals to avail of the ISER while still protecting services. Because staff who retire under the scheme will not be replaced (save in very exceptional cases), employers must pay particular attention, when considering applications, to the scope that exists within the organisation for reorganising and restructuring work in order to minimise the impact on essential service delivery. Staff cooperation and flexibility in that regard is essential.

My Department has been informed by the HSE that the majority of health service trade unions have recently issued a directive instructing their members not to cooperate with redeployment and reassignment requests from management. This instruction severely restricts the ability of management to organise/restructure work practice and contravenes the qualification criteria for the scheme.

However, applications can be made to the relevant employer in anticipation of a resolution of the industrial relations issues.

Rural Transport Services.

Kathleen Lynch

Ceist:

260 Deputy Kathleen Lynch asked the Minister for Transport if he will confirm that the rural transport initiative in County Donegal is to be suspended; when it is expected that the scheme will be restarted. [24723/09]

There are no plans to suspend the operation of the Rural Transport Programme in County Donegal, funded by my Department.

Search and Rescue Service.

Bernard J. Durkan

Ceist:

261 Deputy Bernard J. Durkan asked the Minister for Transport if he is satisfied regarding the strength of the air and sea rescue services; and if he will make a statement on the matter. [25234/09]

While I am satisfied regarding the strength of the air and sea rescue services I am always striving to improve the level of coverage available on all Irish coasts to meet growing demands both offshore and onshore and to ensure the coverage continues to meet both national and international requirements for marine search and rescue operations.

Major strides have been made in recent years in bringing the quality of resources, readiness, training and management up to a level in Ireland that is second to none in Europe at present. The Irish Coast Guard, a Division of my Department, has contracted civilian Search and Rescue helicopters, based in Dublin, Shannon, Waterford, and Sligo. These helicopters are available on a 24 hour 365 day basis for emergency response on any part of the coastline. The Coast Guard manages and operates 3 co-ordination/communication centres at Dublin, Malin Head and Valentia, remote VHF sites, voice repeater sites and 55 coastal emergency response stations providing shore coverage.

In addition to its own resources, the Irish Coast Guard has a number of declared resources available to it on a 24 hour basis all year round. These include the RNLI which has lifeboat stations around the coast and Community Inshore Rescue Service boats based in strategic locations. It can also call on the Department of Defence naval vessels and divers, the Air Corps fixed wing aircraft, the Gardai and their divers and the UK Coastguard and all vessels at sea in a marine emergency situation. In addition, many local volunteer groups, such as sub-aqua clubs assist in searches and I would like to put on record my appreciation of the work done by all those involved.

We are constantly assessing the case for improving resources, based on risk assessment by location.

Discussions are ongoing with the UK to expand the Irish Search and Rescue Region to the north-west to coincide with the Irish Pollution Responsibility Zone, which includes the ocean areas where it is the custom and practice for Irish fishing vessels and the Irish Naval Vessels to operate.

On foot of a Government decision, work has commenced on the installation of a new integrated communications system in the Coast Guard rescue coordination centres at Dublin, Valentia and Malin. MRCC Dublin will be developed into the national Maritime Operations Centre.

Planning Issues.

Richard Bruton

Ceist:

262 Deputy Richard Bruton asked the Minister for Transport if his attention has been drawn to the request by Dublin Port for permission to fill in 52 acres of Dublin Bay as a strategic infrastructure of national importance; if his Department, which is currently engaged in strategic planning exercises for the bay and port, has made a submission to the board or has sought the port to postpone consideration until his strategic planning exercises are complete and can inform the decision of the board; and if he will make a statement on the matter. [24396/09]

In August 2008, Dublin Port Company made an application to An Bord Pleanála under the Planning and Development (Strategic Infrastructure) Act 2006 to reclaim 21 hectares in order to facilitate proposed infrastructure development.

While planning applications are operational matters for the port company, the strategic infrastructure planning regulations list a number of prescribed bodies that must be consulted by An Bord Pleanála.

In this instance, I as Minister for Transport am such a prescribed body and was duly consulted on the application as part of the planning process.

In the context of this consultative process, my Department was informed of the planning application in August 2008 and subsequently made a submission to the Board informing them of the purpose and progress of the Dublin Port Study provided for under the National Development Plan.

I have recently received this Study and hope to be in a position to publish its findings in the near future.

The date for determination with regard to the port company's planning application is a matter for An Bord Pleanála.

Air Accident Investigations.

Finian McGrath

Ceist:

263 Deputy Finian McGrath asked the Minister for Transport if he will respond to a query (details supplied). [24452/09]

I refer the Deputy to my reply to Question No. 32 of 11 June 2009 concerning the same matter.

Departmental Expenditure.

Rory O'Hanlon

Ceist:

264 Deputy Rory O’Hanlon asked the Minister for Transport the cost of transport including subsidy to his Department in the past year for which figures are available; and if he will make a statement on the matter. [24535/09]

The transport subsidies paid by my Department in 2008 and to date in 2009 are as follows.

2008

2009

€m

€m

Rail Services

191.2

102.6

Dublin City Bus Services

80.8

42.2

Provincial Bus Services

37.0

23.8

Rural Transport Programme

9.9

5.5

Regional Airports

15.3

7.2

Air Services.

Pat Breen

Ceist:

265 Deputy Pat Breen asked the Minister for Transport his views on the recent announcement by Aer Lingus of the curtailment of its winter schedule to the US; the implications of these cutbacks for Shannon Airport; if he will outline his concerns to Aer Lingus; and if he will make a statement on the matter. [24586/09]

I am deeply disappointed at the suspension of some of Aer Lingus' transatlantic services for the Winter season, as recently announced by the Company. I am particularly concerned at the impact on connectivity of the Mid-West region to the wider US market from both a business and tourism perspective. I made these concerns known on behalf of the Government to the Aer Lingus Chairman when he informed me of the proposals on 11 June.

Aer Lingus is a private Company and has to take its own commercial decisions. It would be inappropriate for me to directly intervene to seek a reversal of this decision and to do so would ultimately be damaging to the airline and its customers. In law, the Directors are responsible for managing the company's business and the shareholders are not entitled to overrule management's decisions on business issues.

The State's three nominated directors on the Board were issued with a mandate on the date of their respective appointments requesting them to seek to ensure that all future decisions of the company that have significant implications for wider Government, aviation or regional development policies are considered at board level. In any such decisions they are directed to seek to reconcile commercial and public policy objectives.

The Chairman of Aer Lingus informed me of the proposals on 11 June. I immediately wrote to the State's three directors to remind them of their mandate and requested that they take account of Government policy on connectivity, regional development and industrial development in the Board's consideration of this matter. It is acknowledged that the duties of the State nominated directors on the Board of Aer Lingus derive from the Companies Acts and that they are obliged to pursue the best interests of the Company.

The suspension of a number of transatlantic services from both Shannon and Dublin for the winter season is reflective of the extremely difficult trading conditions in the air transport sector in general and in the long haul market in particular in recent months.

I recognise the harsh realities of the marketplace at present and the impact that reduced demand has had on long-haul operations globally in the past few months. The International Air Transport Association, which represents 230 airlines, comprising 93% of international air traffic, has projected industry wide losses of €9 billion this year. Revenues are expected to fall by 15%, which is more than double the rate of decline experienced following the September 11 terrorist attacks.

From Shannon, Aer Lingus's winter schedule will see the suspension of the Chicago service and a reduction in frequency on the Boston route. Aer Lingus is also suspending its services from Dublin to Washington and San Francisco for the winter season.

I understand that the proposed changes to transatlantic services were necessitated by the continuing losses on these services. In the case of the Shannon — Chicago route, for example, I understand that Aer Lingus carried less than 11,000 passengers on the route during the previous winter season and industry projections indicate that passenger volumes may fall by a further 10-20% for winter 2009/10.

Notwithstanding the commercial realities of the decision, my immediate concern is to ensure that the widest range of alternative connectivity options are available during the winter months. I have urged Aer Lingus and the relevant airport authorities to explore ways of minimising the impact these decisions will have on tourism and business.

I understand that daily one-stop services will continue to be offered to San Francisco and Washington in cooperation with Aer Lingus US partners — Jetblue and United Airlines. Continental Airlines also operates a regular service from Shannon to its New York hub at Newark Airport, which facilitates easy onward connectivity to over 50 U.S. cities, including Chicago and Boston. Proposals by Aer Lingus to increase the frequency of the strategically important Shannon-Heathrow route and to improve timings to facilitate better connectivity to and from Heathrow are a welcome development.

The Government has allocated €47.25m, for the overseas marketing of Ireland as a tourist destination this year. Included in this amount is over €4.5m for regional marketing activity including the "Discover Ireland's Wonderful West" Campaign. The campaign is overseen by Tourism Ireland who will continue to work closely with Fáilte Ireland, Shannon Airport, Shannon Development, and the local tourism industry in the mid-west to vigorously promote the Shannon region through cooperative marketing campaigns. I understand that their campaign has generally been very well received to date.

Looking to the future, the challenge will be to ensure that Irish aviation is well positioned to take advantage of the economic recovery when it comes. I firmly believe that when trading conditions improve there is considerable potential for additional services by Aer Lingus and other carriers availing of new opportunities under the EU-US Open Skies agreement. It is precisely in this context that the full potential of the new US preclearance facilities at Dublin and Shannon will be realised. I am currently bringing legislation through the Oireachtas to give legal effect to our preclearance agreement with the U.S.

Driver Licensing.

Fergus O'Dowd

Ceist:

266 Deputy Fergus O’Dowd asked the Minister for Transport if he will replace the paper based driver’s licence with a plastic credit card shaped licence with the capability to store important driver information; and if he will make a statement on the matter. [24683/09]

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.

Air Services.

Fergus O'Dowd

Ceist:

267 Deputy Fergus O’Dowd asked the Minister for Transport the meetings and communications he has had with the board or individual directors of Aer Lingus in the past 24 months; the issues discussed; the outcome of such contacts; and if he will make a statement on the matter. [24741/09]

I have met and communicated with the Chairman and the State-appointed directors of Aer Lingus on a few occasions over the last 2 years but I do not have a definitive list detailing all of the communications I have had with them in that time.

The nature of my communications and meetings with the Aer Lingus Chairman and the State-appointed directors has primarily been in the context of my responsibility for national aviation policy. For example, on 11 June 2009, the Chairman briefed me on proposals for transatlantic services for the winter season 2009/10 and for the enhancement of the Shannon-Heathrow service.

Communication with the three State-appointed directors can also arise in the context of the mandate issued to them upon appointment.

In the context of my role as guardian of the State's shareholding in Aer Lingus, I am briefed by the Chairman periodically on the company's financial performance as announced to the Stock Exchange. In this context, I met with the Chairman on 29 April 2009 to discuss the company's full year results for 2008, which were released on 11 March 2009, and the Company's Interim Management Statement, which was released on 28 April.

Planning Issues.

Pat Breen

Ceist:

268 Deputy Pat Breen asked the Minister for Transport further to Parliamentary Question No. 240 of 28 April 2009 and bearing in mind the principle of legality, if he will confirm whether it was his Department or Dublin County Council who undertook the act formally establishing the red zones in the vicinity of Dublin Airport in 1968; and if he will make a statement on the matter. [24784/09]

As the Deputy is aware in 1968 the then Department of Transport and Power, communicated to Dublin County Council in the case of Dublin Airport a scheme showing restrictions on developments considered necessary in the vicinity of the airport to provide for aircraft and public safety.

In notifying Dublin County Council of the area in which the Department was of the opinion that planning should be restricted the Department was merely advising Dublin County Council that development should be restricted on the grounds that it would either infringe the safety standards contained in the Chicago Convention or would constitute an unacceptable risk to the safety of people or property on the ground. The Department of Transport did not then, and does not now have the power to compel planning authorities to apply its recommendations or advice in relation to red zones.

This was an input into the planning process. The legal justification for any subsequent action is a matter for the relevant local authority.

Harbour Authorities.

Joanna Tuffy

Ceist:

269 Deputy Joanna Tuffy asked the Minister for Transport the implications of the Harbours (Amendment) Bill 2008 for local authority members; the reason for the reform of harbour boards; when he expects the Bill to be enacted; and if he will make a statement on the matter. [24875/09]

The primary purpose of the Harbours (Amendment) Bill 2008 is to give effect to certain aspects of the Government's Ports Policy Statement, which was published in 2005. One of its key recommendations is the need to enhance port company performance through reform of the board structure. These recommendations are the basis for the provisions on board structure in the Bill. The Bill has recently completed Second Stage in the Dáil and is scheduled to appear at Committee stage in the Dáil shortly.

Departmental Expenditure.

Leo Varadkar

Ceist:

270 Deputy Leo Varadkar asked the Minister for Transport if agencies, boards, quangos or other bodies within the remit of his Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by his Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, on-line advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if he will make a statement on the matter. [24977/09]

Leo Varadkar

Ceist:

271 Deputy Leo Varadkar asked the Minister for Transport if his Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by his Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if he will make a statement on the matter. [24992/09]

I propose to take Questions Nos. 270 and 271 together.

The total expenditure to date in 2009 in relation to sustainable transport is €21, 549.42. This covers advertising relating to National Bike week and for the call for submission for demonstration smarter travel projects.

The Irish Coast Guard supplemented the publication of 30,000 "Aqua Attack" magazines as part of their water safety promotion in association with Irish Water Safety to the value of €6,300 in April 2009.

Transport 21 Programme advertising costs are set out in the following table:

Publication advertising

17,567.50

Broadcast advertising

n/a

Outdoor advertising

n/a

Consultancy fees

6,682.50

Production fees

49,431.92

Total

73,681.92

Since January 2009 advertising consultants are engaged on a project-by-project basis.

Advertising or promotional programmes undertaken by agencies or bodies under the aegis of my Department are undertaken by them in the exercise of their statutory functions. This is a day to day matter for those bodies.

Equality Legislation.

Leo Varadkar

Ceist:

272 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform when Pobal will be in a position to open the second strand of the first phase of equality for women measure; the date by which Pobal expects to have opened the third strand of the first phase of the equality for women measure; the expected amount of funding within each strand; and if he will make a statement on the matter. [24529/09]

The extremely grave Exchequer position has already made it extremely difficult to commit funding under the first Strand of the Equality for Women Measure and the position is under ongoing review. In the circumstances, I do not consider that it would be useful at this time to invite applications under additional Strands of the Measure.

Drug Treatment Court.

Mary Upton

Ceist:

273 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform his plans to review the drug treatment courts following the report of the Office of the Comptroller and Auditor General into drug addiction treatment and rehabilitation; and if he will make a statement on the matter. [25038/09]

The Drug Treatment Court, which originally operated on a pilot basis in the North inner city of Dublin, has been placed on a permanent footing and extended to the Dublin 7 area. The Court uses a multi-disciplinary approach and involves a range of Government Departments and agencies charged with dealing with various aspects of the problem of drug misuse. The Court operates with the assistance of a team which includes a probation and welfare officer, an addiction nurse, a Garda liaison officer, an education/training representative and counsellors.

A review of the operation of the Drug Treatment Court was ongoing prior to the publication of the recent report by the Comptroller and Auditor General. My Department is examining the operation of the Court having regard to the Exchequer position and officials are looking at best practice elsewhere to see how the Court's throughput levels might be increased. It is intended to conclude the examination over the coming months. My Department will, of course, take cognisance of the report in concluding the review.

Human Rights Issues.

Richard Bruton

Ceist:

274 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform when he expects to ratify the United Nations Convention on the Rights of Persons with Disabilities; the action he must take for ratification of this convention to proceed; if an interdepartmental committee has been established; and the timeline for implementation. [25096/09]

It is the Government's intention to ratify the UN Convention on the Rights of Persons with Disabilities as quickly as possible, taking into account the need to ensure that all necessary requirements under the Convention are being met.

An inter-Departmental Committee was established in 2007 by the Department of Justice, Equality and Law Reform to advise on and monitor the legislative and administrative actions required to enable the State to ratify the Convention. The Committee has developed a work programme that is being actively addressed by Government Departments.

The Disability Act 2005, underpinned by the National Disability Strategy, meets a considerable portion of the Convention's requirements. However, the Mental Capacity Bill, which is in the course of being drafted by Parliamentary Counsel, forms an important part, in so far as the Department is concerned, of what is required to ratify the Convention.

Work on what is involved by way of implementation of the various other provisions in the Convention, which are extensive, continues in the relevant Departments.

Alcohol Advisory Group.

Caoimhghín Ó Caoláin

Ceist:

275 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will clarify the effect and impact of the new voluntary code of practice on the display and sale of alcohol products in mixed trading premises on the premises of independent retailers who have not signed up to the code; and if he will make a statement on the matter. [24413/09]

Caoimhghín Ó Caoláin

Ceist:

276 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will proceed with the commencement of section 9 of the Intoxicating Liquor Act 2008 in view of the fact that a retailer (details supplied) has not signed up to the new voluntary code of practice on the display and sale of alcohol products in mixed trading premises, and as a result the code will not be applied in hundreds of outlets across the country; and if he will make a statement on the matter. [24414/09]

I propose to take Questions Nos. 275 and 276 together.

The Government Alcohol Advisory Group submitted its Report containing recommendations for reforms in statutory provisions on the public order aspects of the sale and consumption of alcohol in March 2008. Its key recommendations, including the recommendation that alcohol products be displayed separately from other food products and beverages in mixed trading outlets (supermarkets, convenience stores and garage forecourts) were subsequently given statutory effect in the Intoxicating Liquor Act 2008. Section 9 of the Act gives effect to the "structural separation" requirement.

During the period leading up to enactment of the 2008 Act, I met with representatives of the mixed trading sector and agreed to consider their proposal to implement a voluntary code of practice as an alternative to implementing section 9 of the Act. I subsequently agreed to defer implementation of the statutory provisions in favour of an agreed voluntary Code and stated that if independent audit and verification were to show that the Code was being implemented effectively across the country, and achieving the objectives of structural separation, it might not be necessary to commence section 9. If not, I indicated that I would not hesitate to implement the statutory provisions.

This is the background against which I launched the Code of Practice on the Sale and Display of Alcohol Products in Mixed Trading Premises on 12 May last. The Code represents a voluntary commitment by the mixed trading sector to separate the display of alcohol as far as possible from other food products and beverages in mixed trading outlets. It also contains additional commitments on responsible sale of alcohol.

As regards independent audit and verification, the position is that a new body — Responsible Retailing of Alcohol in Ireland ( RRAI) — has been established by the mixed trading sector to oversee implementation and enforcement of the Code. The sector has appointed Mr. Pádraic White as Chairperson of the new body. Mr White will submit the first RRAI implementation report to me in September next. It will contain details of progress made by retailers across the mixed trading sector in implementing the Code and will provide a basis for assessing whether or not the Code is in practice achieving the objectives of structural separation.

Film Classification.

Charles Flanagan

Ceist:

277 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he has a proposal to introduce new procedures reviewing the role and function of assistant film classifiers; if he will disclose the amount of money paid for travel and subsistence allowance to each assistant film classifier each year for the past five years; and if he will make a statement on the matter. [24420/09]

There are ten Assistant Classifiers in the Irish Film Classification Office at present, who were appointed in accordance with Section 2(1)(a) of the Censorship of Films (Amendment) Act 1992. Their principal function is to assist the Director of Film Classification in the performance of his or her functions.

Earlier this year, fundamental changes in the working practices of Assistant Classifiers were introduced with a view to realising significant savings in the operation of that Office. I anticipate that arising out of these changes, travel and related costs will fall very considerably in a full year.

In terms of individual payments for travel and subsistence for the years in question, the amounts ranged from €19,500 – €200 (2004), €19,000 – €600 (2005), €26,000 – €170 (2006), €29,000 – €700 (2007), €26,000 – €500 (2008) and €8,400 – €670 (to 16 June, 2009).

Anti-Social Behaviour.

Finian McGrath

Ceist:

278 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [24430/09]

I am informed by the Garda authorities that the area referred to is in the Coolock Garda District. Local Garda management is aware of difficulties being experienced by residents as a result of anti-social behaviour in the area, which has been designated as a public order hot-spot and where responsive plans have been put in place.In particular, liaison is being maintained with the local authority in respect of incidences of graffiti.

A member of the local Community Policing Unit is allocated specifically to this area and liaises with the local community. An active Neighbourhood Watch Scheme is in place and holds regular meetings. These are attended by the community Garda and issues raised are attended to.

The area is subject to regular patrols by uniform and plain clothes personnel, including the Community Policing Unit and the Garda Mountain Bike Unit, supplemented as required by the District Detective and Drugs Units and the Divisional Crime Task Force and Traffic Corps personnel.

Current policing plans in the area are designed to address issues of crime and public order offences, including the prevention of crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of the quality of life of residents. This strategy is central to the delivery of a policing service to the area in question.

Residency Permits.

Bernard Allen

Ceist:

279 Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application by a person (details supplied) in County Cork for residency on humanitarian grounds. [24443/09]

The person concerned applied for asylum on 11 May 2004. 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 29 December 2005, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered before the file is passed to me for decision.

Probation Provisions.

Brendan Howlin

Ceist:

280 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that persons (details supplied) who were in prison in the United Kingdom and subsequently electronically tagged until recently have been informed by the UK probation service that it is in order for them to return to Ireland; if he will confirm that their return will be sanctioned by the authorities here; and if he will make a statement on the matter. [24447/09]

I can advise the Deputy that there is no legislative provision in place for the statutory transfer of probation supervision between Ireland and other jurisdictions. However, from time to time, the Probation Service can and does take on the supervision of individuals from other jurisdictions. This is done on a strictly voluntary basis.

With regard to the individuals, the subject of this Parliamentary Question, the best approach would be for the UK Probation Service to make direct contact with the Director of the Probation Service, Probation Service HQ, Athlumney House, Johnstown, Navan, Co. Meath setting out all relevant details.

Residency Permits.

Niall Collins

Ceist:

281 Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform the position regarding an application for a person (details supplied). [24460/09]

The first person referred to, has been granted temporary permission to remain in the State for a three year period to 4 December 2011. This decision was conveyed to the first person concerned by letter dated 4 December 2008.

The second person referred to, has been granted temporary permission to remain in the State for a three year period to 27 August 2011. This decision was conveyed to the second person concerned by letter dated 27 August 2008.

On 19 May 2009 the persons concerned wrote to my Department requesting permission to bring their respective families to reside in the State. This request was refused by letter dated 17 June 2006, this letter informed the persons concerned that a condition of their temporary permission to remain in the State is that there is no entitlement or legitimate expectation on any other person, whether related to them or not, to enter or remain in the State.

Anti-Social Behaviour.

Finian McGrath

Ceist:

282 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [24501/09]

I am informed by the Garda authorities that the location referred to is in Clontarf Sub-District. Local Garda management is aware of difficulties being experienced by residents in the area as a result of anti-social behaviour, and it has been designated a public order hot-spot and responsive plans put in place. A number of persons have been arrested there for public order offences.

A member of the local Community Policing Unit is allocated to this area and liaises with the local community. The Community Garda attends regular meetings with residents and any issues raised are attended to.

The area is subject to regular patrols by uniform and plain clothes personnel, including the Community Policing Unit, supplemented by the Garda Mountain Bike Unit and the District Detective and Drug Units, the Divisional Crime Task Force and Traffic Corps personnel. Persons and vehicles are regularly stopped and searched in the area.

Incidents of public disorder and anti-social behaviour reported to the Garda authorities are the subject of investigation and dealt with appropriately, including by juvenile or adult caution, fixed charge notices or initiating criminal proceedings. Any persons found engaging in such behaviour will continue to be dealt with appropriately in accordance with the law.

Current policing plans in the area are designed to address issues of crime and public order offences, including the prevention of crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of the quality of life of residents. This strategy is central to the delivery of the policing service to the area in question.

Decentralisation Programme.

Denis Naughten

Ceist:

283 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 87 of 4 December 2008, if the contract has been signed; when work will commence on this site; the timetable envisaged for completion of this decentralisation project; and if he will make a statement on the matter. [24510/09]

I understand that the Office of Public Works has informed the preferred tenderer of its intention to place a contract for the construction of new decentralised offices for the Property Registration Authority in Roscommon Town, subject to acceptance of a number of conditions. Subject to these conditions being satisfied, it is expected that a contract will be placed shortly and that construction work will commence on site as soon as possible with a view to completion by Autumn 2010.

Residential Institutions.

Ruairí Quinn

Ceist:

284 Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform if he will rescind the arrest warrant for a person (details supplied) who escaped from an industrial school; if not, if he will acknowledge that they were wrongly and unjustly imprisoned to begin with; and if he will make a statement on the matter. [24513/09]

The majority of children committed to industrial schools were committed by the District Court under section 58(1) of the Children Act 1908. I should emphasise that this was not a criminal procedure. The provision allowed any person to bring a child before the District Court to have that child committed to an industrial school on the basis that the child was found begging, was homeless, had parents who did not exercise proper care, was destitute or was associating with criminals or prostitutes. In practice, the applications for such committals were most frequently made by the ISPCC, the Gardaí, school attendance officers, the Society of St. Vincent de Paul, parish priests etc. The report of the Ryan Commission has clearly identified the abuses that arose from the system of detaining children in industrial schools and its findings have been fully accepted by all members of the Government, including myself but also the Minister for Education and Science and the Minister for Health and Children.

I as Minister have no power to overturn decisions or orders of a court nor can I intervene in any criminal proceedings. There are procedures in place to allow decisions of courts to be appealed or judicially reviewed.

Based on the information provided I have no knowledge of any arrest warrant for the individual in question. However, if the Deputy can provide me with any further information I will make further enquiries and provide as much assistance as possible. I should explain that the procedure for returning a child who fled from a certified industrial school that was provided for under section 72(2) of the 1908 Act did not involve the issue of any type of arrest warrant. I would also point out that the provisions of the Children Act 1908 were repealed by the Children Act 2001.

English Language Schools.

Ciarán Cuffe

Ceist:

285 Deputy Ciarán Cuffe asked the Minister for Justice, Equality and Law Reform his views on the concerns raised in correspondence regarding English language schools (details supplied). [24519/09]

The Deputy will be aware that my Department is currently engaged in a review of the immigration regime for full time non-EEA students, including the English language sector. Initial consultation with the relevant Government Departments is well advanced and, subject to the matter being brought before Government, I expect to publish draft proposals in the near future. At that time, it is envisaged that all relevant stakeholders will be afforded the opportunity to make submissions on the draft proposals and on student immigration issues more generally before any final proposals are settled.

The purpose of the review is two fold. First, there is a need for greater coherence in the way we deal with non-EEA students via a transparent system that is consistent with Irish immigration policy generally. Secondly, it is generally accepted that there is a need for greater regulation in the student area. It is commonly accepted that the behaviour of a minority of educational establishments has damaged the reputation of the sector as a whole. The fact that the Government is taking significant steps in overhauling the regulation of student immigration can only be of benefit to reputable providers. The English language sector provides useful employment in this country and clearly there is potential for its further development.

The correspondence to which the Deputy refers criticises the visa process and appears to argue without significant justification that this is the main reason why certain other destinations have a larger market share. References to refusal rates while not irrelevant need to be understood in context. Direct comparisons as to refusal rates can only be made if they relate to applications of equal credibility. It should also be noted that many of the persons attending courses in Ireland are from the EU and are clearly not visa required. The way to increase acceptance rates is not to lower standards but rather to ensure that Ireland is the destination of choice for credible applicants. Reform of the regulatory environment and increased transparency are key to this process.

I would however like to comment on the issue of processing times for visas applications. Although the INIS website states that visa applications are processed in six to eight weeks, in fact most applications are processed much faster than that. In our dedicated overseas offices, visa applications are processed typically in two to three weeks. Applications referred to Dublin are generally being turned around within five days of receipt in Dublin.

Garda Recruitment.

Jim O'Keeffe

Ceist:

286 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform when he foresees that further recruitment to An Garda Síochána will get under way; and if priority consideration will be given to persons who have completed all the aptitude and other tests and who are on a waiting list to be called into training. [24610/09]

As the Minister for Finance has made clear, the moratorium on recruitment and promotions in the Public Service applies to the Garda Síochána, both members and civilian support staff. By its nature, it has no application to the Garda Reserve, whose members are unpaid volunteers who do not occupy public service posts.

The moratorium is due to remain in place until the end of 2010, and can only be deviated from in exceptional circumstances with the consent of the Minister for Finance.

While the situation will be kept under review the fact that the strength of An Garda Síochána has increased very significantly in recent years means that it is in the best possible position to absorb the impact of moratorium.

Firearms Legislation.

Terence Flanagan

Ceist:

287 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform if he will respond to a matter (details supplied); and if he will make a statement on the matter. [24616/09]

My proposals on firearms control measures were announced last November and are contained in the Criminal Justice (Miscellaneous Provisions) Bill 2009 which completed Committee Stage on 18 June 2009. I am aware of the points raised in the correspondence submitted by the Deputy.

I met with the Firearms Consultative Panel two weeks ago and listened to their views. While I undertook to reflect on the points they made, I reiterated the Government's reasons for restricting access to handguns. I have always made it clear that this ban was not brought forward in the context of tackling gangland crime. The situation which has come about in recent years was not as the result of any considered policy decision and, in particular, it has been made clear that the Government does not wish a handgun culture to take hold here. I consider that handguns are different because they are easy to conceal, because they can discharge a large number of bullets rapidly and because they feature so often in gun rampages. It is after such rampages that gun laws are invariably tightened up as can be seen in many countries around the world. Experience in other countries shows us that any relaxation of controls on gun ownership very quickly results in dramatic growth in firearms with many longer term negative downstream consequences.

While it is not my function to create a hierarchy of merit among the various target shooting disciplines, Olympic shooting activities would be generally recognised as being in a special category. At the other end of the spectrum not all shooting activities are as legitimate and credible as some of their proponents would claim to be.

With the passage of this Bill, while the law will be tighter, people who hold firearms now will be able to apply to license their firearm under the new licensing system. The Garda Commissioner will have the additional powers he needs to address matters relating to firearms licensing.

I am conscious, however, of the medium and longer term strategic and developmental issues for shooting sports in Ireland and as a result of my meeting with the Panel I will write to the Minister for Arts, Sports and Tourism in relation to a number of points.

Drugs in Prisons.

Brendan Howlin

Ceist:

288 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding the request for provision of ongoing drugs rehabilitation treatment in respect of a person (details supplied) in County Wexford; and if he will make a statement on the matter. [24630/09]

I am advised by the Irish Prison Service that there is no record of any request from the prisoner referred to in the Parliamentary Question for the provision of addiction support services. I am also advised that the prisoner in question has been spoken to in regard to any addiction treatment services that may be helpful to him and he has indicated that no specific treatment service(s) is currently being sought.

As the Deputy will be aware prisoners with addiction problems have a range of support services available including medical, psychological, chaplaincy and addiction counselling. Every encouragement is given to prisoners who wish to address a substance misuse difficulty however, in the final analysis it is a matter for individual prisoners to decide if they wish to avail of these services.

Firearms Legislation.

Seán Ó Fearghaíl

Ceist:

289 Deputy Seán Ó Fearghaíl asked the Minister for Justice, Equality and Law Reform his views on correspondence (details supplied); and if he will make a statement on the matter. [24730/09]

My proposals on firearms control measures were announced last November and are contained in the Criminal Justice (Miscellaneous Provisions) Bill 2009 which completed Committee Stage on 18 June 2009.

I met with the Firearms Consultative Panel two weeks ago and listened to their views. While I undertook to reflect on the points they made, I reiterated the Government's reasons for restricting access to handguns. I have always made it clear that this ban was not brought forward in the context of tackling gangland crime. The situation which has come about in recent years was not as the result of any considered policy decision and, in particular, it has been made clear that the Government does not wish a handgun culture to take hold here. I consider that handguns are different because they are easy to conceal, because they can discharge a large number of bullets rapidly and because they feature so often in gun rampages. It is after such rampages that gun laws are invariably tightened up as can be seen in many countries around the world. Experience in other countries shows us that any relaxation of controls on gun ownership very quickly results in dramatic growth in firearms with many longer term negative downstream consequences.

While it is not my function to create a hierarchy of merit among the various target shooting disciplines, Olympic shooting activities would be generally recognised as being in a special category. At the other end of the spectrum not all shooting activities are as legitimate and credible as some of their proponents would claim to be.

It is worth reflecting that the vast majority of Irish shooting sports enthusiasts who hold shotguns and rifles will not be touched in the least by the handgun ban and will welcome the additional safety measures being introduced by the Bill.

I am conscious, however, of the medium and longer term strategic and developmental issues for shooting sports in Ireland and as a result of my meeting with the Panel I will write to the Minister for Arts, Sports and Tourism in relation to a number of points.

Citizenship Applications.

Pat Breen

Ceist:

290 Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the position regarding an application by a person (details supplied) in County Clare; and if he will make a statement on the matter. [24738/09]

Am application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in January 2008.

The average processing time from application to decision is now at 23 months. The Citizenship Division is currently commencing further processing of applications received in early 2008. More complicated cases can at times take more than the current average while an element of straight forward cases are now being dealt with in less than that time scale. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that the status of citizenship is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Residency Permits.

Denis Naughten

Ceist:

291 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if a person wishing to renew his or her stamp four residency must be in full-time employment; if he will consider persons put on a short-time week due to the change in economic circumstances; and if he will make a statement on the matter. [24740/09]

The common characteristic of stamp 4 permission is the entitlement of the holder to work in the State without having to apply for an employment permit. Stamp 4 is however applied to a number of different groupings within the immigration system, including long term residents, refugees, spouses of Irish Nationals, persons on a working visa and some others and the applicable conditions may vary depending on the category. It is not generally a condition of stamp 4 that the holder be in full time employment. Renewal decisions will depend on the general conditions applicable to a particular grouping as well as any individual circumstances that present themselves.

Asylum Support Services.

Denis Naughten

Ceist:

292 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the number of asylum seekers who left Reception and Integration Agency accommodation in 2008 and failed to notify the Office of the Refugee Applications Commission or other authorities; the number of men, women and children respectively; the steps taken to trace these individuals and the numbers subsequently traced; and if he will make a statement on the matter. [24761/09]

The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers, through the Government policy of Direct Provision, while their applications for asylum are being processed. Unless asylum seekers are placed under ‘report and reside' arrangements, they are free to leave accommodation provided by RIA, or opt not to avail of the facilities that lie therein from their day of arrival in the State. In circumstances where an asylum seeker decides to leave his/her accommodation centre and provides a forwarding address to RIA, the details are notified to the ORAC.

The Deputy should note that the Immigration Act 2003, which commenced on the 15th September, 2003, contained a number of key changes to the Refugee Act, 1996 which enabled the processing of asylum applications to be speeded up and enhanced our ability to deal with abusive applications. These changes included the imposition on applicants of a clear statutory duty to actively pursue their asylum applications and co-operate at all times with the processing agencies or face having their application deemed withdrawn. An application can be deemed withdrawn, amongst other reasons, where an applicant fails to co-operate with the Refugee Applications Commissioner, or fails to notify the Commissioner of his or her postal address or change of address. The ORAC does not engage in tracking down asylum seekers who disappear. Instead, ORAC recommends to the Minister that such applications should be deemed withdrawn under the provisions of the 2003 Act. Section 13(2) of the Refugee Act (as amended) provides that there is no right of appeal against a recommendation to deem an application withdrawn.

Where an application is deemed to be withdrawn, deportation proceedings are initiated.

Statistics are not maintained in a way that makes it possible to provide figures for the number of persons who left RIA accommodation and were subsequently deemed withdrawn for having failed to notify the Refugee Applications Commissioner of their change of address. However, a total of 632 asylum applications were deemed withdrawn in 2008.

Asylum Applications.

Denis Naughten

Ceist:

293 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the number of asylum applications by unaccompanied minors deemed withdrawn by the Office of the Refugee Applications Commission in each year since establishment to date; the reason for the withdrawal of these applications; the number of applications received in each year in questions from unaccompanied minors; and if he will make a statement on the matter. [24764/09]

The number of asylum applications received from unaccompanied minors in each year since the ORAC was established is set out in a table.

Asylum applications from Unaccompanied Minors 2000-2009 (31/5)

Year

Asylum Applications

2000*

302

2001

600

2002

288

2003

271

2004

128

2005

131

2006

131

2007

94

2008

98

2009 (31/5)

26

*The Office of the Refugee Applications Commissioner was established in November 2000. In the year 2000, prior to ORAC's establishment 249 applications from Unaccompanied Minors were received, a further 53 were received by the end of the year.

The most common reasons for an application to be deemed withdrawn are where an applicant fails to attend for an interview at the Office of the Refugee Applications Commissioner (ORAC) without reasonable cause; an applicant fails to co-operate with the Refugee Applications Commissioner after having lodged his or her application; or an applicant fails to notify the Commissioner of his or her postal address or change of address.

The Immigration Act 2003, which was commenced on the 15th September 2003, contained a number of key changes to the Refugee Act, 1996 which enabled the processing of asylum applications to be speeded up and enhanced our ability to deal with abusive applications. These changes included the imposition on applicants of a clear statutory duty to actively pursue their asylum applications and co-operate at all times with the processing agencies or face having their applications deemed withdrawn.

Since the commencement of the 2003 Act, recommendations are made by the ORAC to the Minister that an application should be deemed withdrawn. The number of such recommendations that related to unaccompanied minors are set out in a table. Statistics are not maintained in a way which make it possible to provide figures broken down by the reason for withdrawal.

Year

Recommendations to Deem Withdrawn Asylum Applications from U/M’s

2003

16

2004

27

2005

16

2006

9

2007

10

2008

10

2009 (31/5)

5

Section 13(2) of the Refugee Act (as amended) provides that there is no right of appeal against a recommendation to deem an application withdrawn.
The above figures do not include applications for minors deemed withdrawn by virtue of the application of Section 22(8) of the Refugee Act 1996 (As amended). These relate to transfer orders effected under the Dublin II Regulation.

Human Trafficking.

Denis Naughten

Ceist:

294 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the funding provided to a non-governmental organisation (details supplied) in 2008 for the care of trafficked victims; the group involved and the number of cases referred; and if he will make a statement on the matter. [24765/09]

The non-governmental organisation referred to by the Deputy is Ruhama. They were provided with a total of €390,980 by my Department in 2008. A further €146,872.75 was provided to Ruhama by the Health Service Executive. The relevant details are as follows:

Amount

Provided by

Purpose of funding

275,000.00

Probation Service

Outreach Programme for women exploited through prostitution and other forms of commercial sexual exploitation. Individual casework and referral to other services. Training & development for women in pre-work training and a range of therapeutic activities. Awareness Raising on commercial sexual exploitation.

45,980.00

Gender Equality

To develop a TV advertisement to promote awareness of human trafficking.

70,000.00

Commission for the Support of Victims of Crime

Funding provided towards the provision of services on the ground to women who are potential victims of trafficking for the purpose of exploitation within the commercial sex industry.

146,872.75

Health Service Executive

Delivery of core services.

The Garda Síochána referred 5 alleged victims to Ruhama for assistance during 2008.

Joint Policing Committees.

Niall Collins

Ceist:

295 Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform the status of a group (details supplied) in County Limerick; and if he will make a statement on the matter. [24791/09]

Joint Policing Committees (JPCs) operate under guidelines which I issued in September 2008 following consultation with the Ministers for the Environment, Heritage and Local Government and Community, Rural and Gaeltacht Affairs.

Membership of a JPC includes representatives from An Garda Síochána, elected members and officials of the local authority, Oireachtas members and community representatives. Following the local elections, the Department of the Environment, Heritage and Local Government has issued a circular to local authorities regarding reconstitution of the JPCs, including the nomination of local authority elected members. In accordance with the guidelines, those elected members appoint the chairperson of the JPC.

Citizenship Applications.

Bernard J. Durkan

Ceist:

296 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of an application for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [24885/09]

Officials in the Citizenship section of my Department inform me that processing of the application from the person referred to in the Deputy's question has commenced and the file will be forwarded to me for a decision in the coming months.

The person in question will be informed when I have reached a decision on the matter.

Bernard J. Durkan

Ceist:

297 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of an application for naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [24886/09]

Officials in the Citizenship section of my Department inform me that processing of the application from the person referred to in the Deputy's question has commenced and the file will be forwarded to me for a decision in the coming months.

The person in question will be informed when I have reached a decision on the matter.

Garda Operations.

Terence Flanagan

Ceist:

298 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform the average time taken to serve a warrant for arrest; and if he will make a statement on the matter. [24889/09]

In the time available it has not been possible for the Garda authorities to supply the details requested by the Deputy. I will be in contact with the Deputy when the information is to hand.

Criminal Assets Bureau.

Terence Flanagan

Ceist:

299 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform the value of goods and property seized by the Criminal Assets Bureau in each of the past six years to date in 2009; and if he will make a statement on the matter. [24890/09]

I have been informed by the Garda Authorities that the table below sets out the value of property/monies secured by the Criminal Assets Bureau pursuant to the Proceeds of Crime Act on a year by year basis from 2003 to 2007.

It should be noted that these figures are available in the CAB Annual Reports.

The figures for 2008 are being prepared and will be published as part of the Annual Report later this year.

Monies secured by CAB from 2003-2007

Year

Section 2 Interim Orders

Section 3 Interlocutory Orders

Section 4 & 4A

Section 16(B) POC Act as amended

2003

€3,045,842

€71,699

Stg£12,150

Stg£557,070

2004

€1,027,152

€1,688,652

€275,875

Stg£6,115

Stg£375

2005

€5,860,335

€1,200,526

€2,002,738

US$ 314,620

Stg26,760

US$130,000

2006

€2,836,480

€726,351

€2,459,865

€53,000,000

Stg£294,289

2007

€9,804,193

€9,848,433

€1,435,341

Stg£30,690

Totals 2003-2007

€22,574,002

€13,535,660

€6,173,819

€53,000,000

Stg£343,244

Stg£584,205

US$314,620

US$130,000

Garda Operations.

Terence Flanagan

Ceist:

300 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform the number of roadside checkpoints undertaken by An Garda Síochána in 2005, 2006, 2007, 2008 and to date in 2009; and if he will make a statement on the matter. [24891/09]

I am informed by the Garda authorities that it is not possible to provide the information requested by the Deputy without a disproportionate expenditure of Garda time and resources.

All members of An Garda Síochána are tasked with the enforcement of relevant traffic legislation, including the Road Traffic and Road Transport Acts. This may occur as part of specific road traffic law enforcement activity or of general policing activity. As part of this activity, members of An Garda Síochána carry out planned and unplanned checkpoints, including those carried out under Operation Anvil and mandatory alcohol testing checkpoints.

An Garda Síochána continually conducts awareness campaigns and enforcement initiatives to reduce road fatalities and serious injuries on our roads, increase driver awareness, prevent and detect breaches of road traffic and transport legislation and promote an improved compliance culture among road users. As part of this enforcement policy, members of An Garda Síochána, as part of their daily duties, have occasion to engage and interact with various road users, which may result in informal resolution, the issue of fixed charge notices or the initiation of formal proceedings.

I am further informed that An Garda Síochána, as part of initiatives to reduce the incidence of injuries and fatalities on our roads and improve driver behaviour, carry out targeted campaigns and other initiatives, including specific operations at holiday periods, in the light of what is considered necessary.

Garda Transport.

Terence Flanagan

Ceist:

301 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform if he will provide one additional public order van and two additional Garda marked vehicles to Coolock Garda station, Dublin 5; and if he will make a statement on the matter. [24892/09]

I am informed by the Garda authorities that there are currently 3 marked patrol cars, 2 marked public order patrol vans and 1 marked community policing vehicle allocated to Coolock Garda District. Local Garda management also have access, if required, to additional public order vans which are at the disposal of the Divisional Task Force and are based in Santry.

I am advised that Garda Divisional management is satisfied that there are sufficient marked Garda vehicles available at Coolock, and from within the Division, for the delivery of an effective policing service to the Community.

Forensic Science Laboratory.

Terence Flanagan

Ceist:

302 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform if he will provide additional resources and funding to the Forensic Science Laboratory; and if he will make a statement on the matter. [24893/09]

I can inform the Deputy that despite the difficult budget situation, funding to the Forensic Science Laboratory has been increased in 2009. This has followed on from substantial increases in the order of 37% in the previous 3 years, 2006 to 2008, which has reflected the growing demand for the service. Also, the authorised staffing complement of the Forensic Science Laboratory has been increased by over 30 posts since December 2006. This substantial extension of the Forensic Science Laboratory's capacity represents an increase of almost 50% in approved staffing. Taking everything into consideration, I am satisfied that the Laboratory has sufficient funding and resources to carry out its current functions.

Garda Transport.

Terence Flanagan

Ceist:

303 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform the number of boats currently available to the Garda water unit; the additional resources he will provide to the unit; the number of gardaí in the unit by rank; the budget for the unit in 2007, 2008 and to date in 2009; and if he will make a statement on the matter. [24894/09]

The Garda Water Unit based in Santry and Athlone, is currently provided with 2 patrol boats, 4 rigid inflatable boats and 3 inflatable boats. The present strength of the Unit is 2 Sergeants and 14 Gardaí. I am advised by the Garda authorities that local Garda management is satisfied that it has sufficient equipment and personnel available to the Unit to meet current demand.

The total expenditure incurred by the Garda Water Unit for 2007, 2008 and year to date 2009 is as follows:

2007

2008

YTD 2009

€2,111,891

€1,704,000

€806,537

Garda Operations.

Terence Flanagan

Ceist:

304 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform if Operation Cellar is active; the amount of drugs seized under the operation; the number of persons arrested and charged under this operation; the cost of the operation to date; and if he will make a statement on the matter. [24895/09]

I am informed by the Garda authorities that the initiative referred to by the Deputy was put in place by the Garda National Drugs Unit in consultation with local Garda management, as part of Operation ‘Cleanstreet'. This operation specifically targeted on-street drug dealers and their suppliers at a number of locations, nationwide, between February and September 2008.

The initiative led to the arrest of 155 individuals and resulted in 236 charges for offences contrary to section 15, Misuse of Drugs Acts, 1977/84 i.e. possession of drugs with intent to supply, being preferred. Details in relation to the volume of drugs seized under the operation are not available as yet.

Other similar initiatives under Operation ‘Cleanstreet' are regularly put in place by Divisional and District Officers in consultation with the Garda National Drugs Unit to target on-street drug dealing and the sources of such drugs.

Finally I am advised by the Garda authorities that it is not possible to isolate the costs associated with this specific initiative as it is deemed to be part of on-going operational duties carried out by Garda Divisional and National Drugs Unit personnel.

Departmental Advertising.

Leo Varadkar

Ceist:

305 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if agencies, boards, quangos or other bodies within the remit of his Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by his Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, on-line advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if he will make a statement on the matter. [24974/09]

I can inform the Deputy that one public information campaign part-funded by my Department was undertaken so far this year. It involved the Equality Authority, in conjunction with the Health Service Executive and the National Council on Ageing and Older People, funding a public awareness raising campaign on ageism entitled the "Say No to Ageism Campaign". The total cost of the initiative was in the order of €16,000 of which the Equality Authority will pay approximately €1,000 with the Health Service Executive paying the remainder.

Leo Varadkar

Ceist:

306 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if his Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by his Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if he will make a statement on the matter. [24989/09]

I can inform the Deputy that, through Cosc, (the National Office for the Prevention of Domestic, Sexual and Gender-based Violence), my Department funded a public awareness raising campaign on domestic and sexual violence entitled "Your silence feeds the violence". This took place in January 2009 and the total cost of the initiative was approximately €340,000. The purpose of the campaign was to encourage community support to victims of domestic and sexual violence, given that this is a critical factor in the disclosure of these crimes.

Garda Investigations.

Joe Costello

Ceist:

307 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the case of a person (details supplied); and if he will have the person’s remains exhumed to seek to determine the cause of death. [24994/09]

My role in relation to ordering an exhumation is as set out in Section 47 of the Coroners Act, 1962. I can only make a decision as to whether an exhumation order is necessary and warranted at the request of the relevant coroner and the Garda Síochána.

That legislation specifies that the relevant coroner needs to have been informed by a member of the Garda Síochána not below the rank of inspector that, in their opinion, the death of the person whose body has been buried in the coroner's district may have occurred in a violent or unnatural manner. The coroner may then request me to order the exhumation of the body by the Garda Síochána.

To date I have not received such a request in relation to the person referred to. In the event of such a request in respect of the individual referred to being made, I will, of course, give it every consideration in the light of advice available to me.

Joe Costello

Ceist:

308 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to a report (details supplied) whereby relatives were charged for an environmentally friendly service to dispose of coffin handles prior to cremation and that no such service was supplied in many instances; if he will request An Garda Síochána to investigate the allegations; and if he will make a statement on the matter. [24995/09]

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy again when the report is to hand.

Deportation Orders.

Aengus Ó Snodaigh

Ceist:

309 Deputy Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the position regarding the applications of persons (details supplied) in County Tipperary; the reason for the delay in processing the application; and if his attention has been drawn to the fact that the children have been attending schools locally. [24997/09]

The persons concerned arrived in the State on various dates and applied for asylum. Their applications were refused following consideration of their cases by the Office of the Refugee Applications Commissioner, and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999, as amended, the persons concerned were informed in writing that the Minister proposed to make Deportation Orders in respect of them. The persons concerned were 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 they should be allowed to remain temporarily in the State i.e. why they should not be deported.

The persons concerned were notified of their entitlement to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006. Subsequently applications for Subsidiary Protection were made on behalf of the persons concerned by their legal representative. Following consideration of the information submitted, the applications were refused. The persons concerned and their legal representative were notified of this decision in writing.

Their cases were then examined under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996, as amended, on the Prohibition of Refoulement. Consideration was given to representations submitted on their behalf by their legal representative for permission to remain in the State. On 27 May 2009, I refused permission to remain temporarily in the State and instead signed Deportation Orders in respect of the persons concerned. Notice of these orders were served by registered post which oblige the persons concerned to leave the State. To this end the persons concerned are required to present themselves at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 30 June 2009 in order to make travel arrangements for their removal from the State.

I am satisfied that the applications made by the persons concerned, for temporary leave to remain in the State and for Subsidiary Protection, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport them is justified. The effect of the Deportation Orders is that the persons concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Orders is, and remains, an operational matter for the GNIB.

Mary O'Rourke

Ceist:

310 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Westmeath; and the position regarding same. [25011/09]

The person concerned arrived in the State on 9 June 2006, accompanied by her infant son, and applied for asylum. On 24 June 2006 she gave birth to another son and included him in her asylum application. Their application was refused following consideration of their case by the Office of the Refugee Applications Commissioner, and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999, as amended, the person concerned was informed, by letter dated 18 April 2007, that the Minister proposed to make Deportation Orders in respect of her and her family. The person concerned and her family were 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 they should be allowed to remain temporarily in the State i.e. why they should not be deported.

She was notified of her entitlement to apply for Subsidiary Protection pursuant to the European Communities (Eligibility for Protection) Regulations, 2006. By correspondence dated 8 May 2007, an application for Subsidiary Protection was made on behalf of the person concerned by her legal representative. Following consideration of the information submitted, the application was refused. The person concerned and her legal representative were notified of this decision by letter dated 25 September 2008.

Her case was then examined under Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 of the Refugee Act, 1996, as amended, on the Prohibition of Refoulement. Consideration was given to representations submitted on her behalf by her legal representative for permission to remain in the State. On 12 November 2008, I refused permission to remain temporarily in the State and instead signed Deportation Orders in respect of the person concerned and her two sons. Notice of these orders was served by registered post requiring the person concerned and her family to present themselves at the Garda National Immigration Bureau (GNIB) 13-14 Burgh Quay, Dublin 2 on Tuesday 2 December 2008 in order to make travel arrangements for their removal from the State.

I am satisfied that the applications made by the person concerned and her family for asylum, for temporary leave to remain in the State and for Subsidiary Protection, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport them is justified. The effect of the Deportation Orders is that the person concerned and her family must leave the State and remain thereafter out of the State. The enforcement of the Deportation Orders is, and remains, an operational matter for the GNIB.

Mary O'Rourke

Ceist:

311 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied) in County Westmeath who is seeking leave to remain here on humanitarian grounds. [25012/09]

The person concerned applied for asylum on 20 July 2006. 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 21 May 2009, 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 theRefugee Act 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned will be passed to me for decision.

Mary O'Rourke

Ceist:

312 Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied) in County Westmeath and the position regarding same. [25013/09]

The person concerned applied for asylum on 17 April 2007. 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 9 February 2009, 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.

Garda Deployment.

Pat Rabbitte

Ceist:

313 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform whether his attention has been drawn to the continuing anti-social behaviour issues in the north central Dublin area; if he is satisfied that adequate Garda resources are available in this area; if he will take steps to ensure an adequate response from a Garda station to deal with issues (details supplied); and if he will make a statement on the matter. [25033/09]

I am informed by the Garda authorities that the location referred to is in Clontarf Sub-District. Local Garda management is aware of difficulties being experienced by residents in this area as a result of anti-social behaviour, and the area has been designated a public order hot-spot and responsive plans put in place. I am also informed that there has been a decrease in the last two months in the number of burglaries and property related crimes recorded in the area.

Members of the local Community Policing Unit and local Garda management liaise with the local community. Community Gardaí attend regular meetings with residents and any issues raised, including those referred to by the Deputy, are attended to. The matters referred to by the Deputy are also discussed by the northwestern area subcommittee of the Dublin City Joint Policing Committee. This forum provides an opportunity for representatives of An Garda Síochána, elected members and officials of the local authority, Oireachtas members and community representatives to discuss local policing issues.

Incidents of public disorder and anti-social behaviour reported to the Garda authorities are the subject of investigation and dealt with appropriately, including by juvenile or adult caution, fixed charge notices or initiating criminal proceedings. Any persons found engaging in such behaviour will continue to be dealt with appropriately in accordance with the law. The area is subject to regular patrols by uniform and plain clothes personnel, including the Community Policing Unit, the Garda Mountain Bike Unit and the District Detective and Drug Units, supplemented by the Divisional Crime Task Force and Traffic Corps personnel. Persons and vehicles are regularly stopped and searched in the area.

Local Garda management closely monitors patrols and other operational strategies in place, in conjunction with crime trends and policing needs of the communities, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. The situation is kept under review, with paramount consideration being given to the needs of residents. Current policing plans in the area are designed to address issues of crime and public order offences, including the prevention of crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of the quality of life of residents. This strategy is central to the delivery of a policing service to the area in question.

Citizenship Applications.

Seán Ó Fearghaíl

Ceist:

314 Deputy Seán Ó Fearghaíl asked the Minister for Justice, Equality and Law Reform his views on correspondence in respect of a person (details supplied) regarding an application for naturalisation; his further views on the fact that information relied upon in making a decision to decline naturalisation was inaccurate; if in view of the submission made he will accept that the applicant is of good character; and if he will make a statement on the matter. [25052/09]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in March 2008. This application was considered under the provisions of the Irish Nationality and Citizenship Act, 1956, as amended, and I decided not to grant a certificate of naturalisation. A copy of the submission on the matter, with my decision annotated thereon, was sent to the person in question on 2 June, 2009. In reaching this decision, I exercised my absolute discretion, as provided by the Irish Nationality and Citizenship Act, 1956, as amended. There is no appeals process provided under this legislation. It is open to the person concerned to lodge a new application for a certificate of naturalisation with the Citizenship Division of my Department at any time. However, in doing so he should bear in mind all of the reasons for refusal of his previous application.

Leo Varadkar

Ceist:

315 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform his views on providing a pathway to citizenship for people who are resident in Ireland by virtue of having an Irish-born child born prior to 2004; and if he will make a statement on the matter. [25207/09]

The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These conditions are that the applicant must: be of full age; be of good character; have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

In the context of naturalisation, certain periods of residence in the State are excluded. These include: periods of residence in respect of which an applicant does not have permission to remain in the State; periods granted for the purposes of study; periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996. In light of the changes to the Constitution regarding citizenship by virtue of birth in Ireland (the twenty-seventh amendment of the Constitution), revised arrangements, known as the IBC/05 Scheme, for the non-EEA parents of children born prior to 1 January, 2005, were put in place. Under the IBC/05 Scheme some 16,693 parents of Irish citizen children were granted permission to remain in the State under Stamp 4 conditions.

Persons granted permission to remain under Stamp 4 conditions are entitled to work without the need for a work permit and to set up a business without seeking the permission of the Minister. Furthermore, the permission granted counts as "reckonable residency" for the purposes of citizenship. Therefore, while there is no separate procedure for the parents of Irish citizen children such persons, having met the required period of residence in the State, may apply for citizenship if they so wish. Such applications are dealt with in the same manner and under the same procedures and provisions as all other applications for citizenship.

Leo Varadkar

Ceist:

316 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform his views on streamlining applications for naturalisation to prioritising those that are almost certain to be approved, such as applications from the spouses or Irish citizens and applications for foreign nationals working as doctors in public hospitals; and if he will make a statement on the matter. [25208/09]

The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation. Applications for naturalisation are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. Applications from foreign nationals working as doctors in public hospitals are correctly given the same priority as other applications. Lodging an application for a certificate of naturalisation should not give any applicant a legitimate expectation that the application will be successful.

Following the decentralisation of the Citizenship Division to Tipperary Town, substantially increased resources have been made available to it in order to reduce backlogs and provide a better quality service to all applicants. This has had a positive impact on processing times and has enabled certain categories of applicant to be dealt with more expeditiously. These include refugees, spouses of Irish citizens and minors. The Deputy will appreciate that a certificate of naturalisation is an exceptional and important document that facilitates a non-national becoming a citizen of Ireland. Therefore, there is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that the status of Citizenship is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria. The procedures involved have been developed and refined over a number of years and I am satisfied that they are necessary to maintain the integrity of the naturalisation process.

Proposed Legislation.

Denis Naughten

Ceist:

317 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the status of legislation making it an offence to have sex with a child under 18 years of age in exchange for money or some other consideration; the status of such practices; and if he will make a statement on the matter. [25210/09]

The Second Interim Report of the Joint Oireachtas Committee on the Constitutional Amendment on Children is being examined in my Department with a view to Government approval being sought for a particular course of action. One of the recommendations of the Committee is that it should be an offence for adult persons in authority to engage in sexual acts with children under 18 years of age. The question of also making it an offence to offer children money or some other consideration in exchange for engaging in a sexual act will be considered in that context.

Under the law at present, it is an offence to solicit or importune a child under 17 years of age, whether or not for the purposes of prostitution, for the purposes of the commission of an act that would constitute an offence under section 2 or 3 of the Criminal Law (Sexual Offences) Act 2006 or referred to in section 2 of the Criminal Law (Rape) (Amendment) Act 1990. Actually engaging in a sexual act with a child under 17 years of age is an offence under section 3 of the 2006 Act.

Human Rights Issues.

Pat Breen

Ceist:

318 Deputy Pat Breen asked the Minister for Foreign Affairs his views on recent developments in Iran following presidential election results on 12 June 2009; and if he will make a statement on the matter. [24505/09]

Leo Varadkar

Ceist:

328 Deputy Leo Varadkar asked the Minister for Foreign Affairs if he has had contact with the Iranian authorities regarding the protests in Iran, the conduct of the elections and the safety of Irish citizens living in Iran; and if he will make a statement on the matter. [25090/09]

I propose to take Questions Nos. 318 and 328 together.

I have been following, with increasing concern, developments in Iran in connection with the Presidential election which took place on 12 June. Turnout in the election is reported to have been a record 85% with more than 38 million Iranian votes casting their ballots. According to the official results of the election, the outgoing President, Mahmoud Ahmadinejad, was deemed re-elected, receiving 63% of the votes, compared to 34% for his nearest rival, former Prime Minister Mir Hussein Mousavi.

The election on 12 June had been preceded by a lively and vigorous campaign, with unprecedented live TV debates taking place between all four Presidential candidates and extremely large rallies in support of the principal candidates taking place in Tehran and other Iranian cities. There is no doubt that the outcome of the election, particularly the speed with which results were announced and the subsequent handling by the Iranian authorities of large-scale peaceful protests by supporters of Mr. Mousavi and the other defeated candidates, have given rise to very serious concerns internationally. Ireland fully supports the Conclusions adopted by the European Council on 19 June, preceded by the External Relations Council on 15 June, which stressed that the outcome of the Iranian elections should reflect the aspirations and choices of the Iranian people and which reiterated that there were legitimate questions over the conduct of the election which need to be fully investigated.

I firmly condemn the use of violence against protesters in recent days which, according to unconfirmed reports, have resulted in the deaths of at least seventeen people. I also regret the continuing crackdown by the Iranian authorities on media reporting and personal communications as well as the large-scale arrests of those protesting the election results. The Government has made known its concerns bilaterally to the Iranian Government, at a meeting on 16 June between the Iranian Ambassador and officials from my Department.

A partial re-count of disputed votes is now being conducted by the Guardian Council, the body which retains ultimate responsibility for confirming the final results of the election. In the meantime, I would urge the Iranian Government to comply with its international obligations and permit peaceful protest as well as protect freedom of expression at this sensitive time. Such official investigations must be credible, if the current situation is not to deteriorate further. The Irish Embassy in Tehran is continuing to monitor and report on events and maintain close contact with Irish nationals resident in or currently visiting Iran. Travel advice is being regularly updated by my Department. People currently visiting or intending to visit Iran in the near future are recommended to avoid any large political gatherings or demonstrations and also to comply fully with the terms of their visas. They should also register with the Department’s on line registration facility on www.dfa.ie.

Looking to the future, we must continue to encourage Iran to engage with the international community, particularly on such issues as the nuclear question and human rights. Both the EU and the US, under President Obama, have stated clearly their wish to work to improve and develop relations with Iran, once it demonstrates a willingness to respond to international concerns and to comply with its obligations, including those set down in various UN Security Council resolutions.

Consular Services.

Seán Barrett

Ceist:

319 Deputy Seán Barrett asked the Minister for Foreign Affairs his views on the experience of a person (details supplied); if he will advise how they will remove the refusal stamp from their passport; and if he will make a statement on the matter. [24517/09]

Under the Vienna Convention, the Consular role of the Minister for Foreign Affairs only extends to Irish citizens. In the circumstances, I would suggest that the South African national in question contacts his own authorities in the South African Embassy regarding the incident at a UK airport. If, as I understand is the case, the UK now requires a visa for South African citizens transiting the UK, the person concerned would be well advised to seek such a visa if he intends to transit the UK. The stamping of the person's passport by the UK Border Agency is a matter for the UK authorities and one which the person concerned might wish to take up with the Embassy.

International Agreements.

Pat Breen

Ceist:

320 Deputy Pat Breen asked the Minister for Foreign Affairs his views on the delay in finalising the bilateral agreement between Ireland and Vietnam; the consequences of this delay for the families involved; and if he will make a statement on the matter. [24530/09]

The process on this matter has been on-going for many months now and the dialogue with the Vietnamese Authorities is continuing. Many Deputies have sought guarantees and specific timeframes for the conclusion of a new agreement with the Socialist Republic of Vietnam. I must reiterate previous remarks made on this point.

At this juncture, all options, including an interim inter-country adoption agreement, are actively being pursued by the Government to allow for the conclusion of discussions on a strengthened bi-lateral agreement and to facilitate continuity of the strong and positive relationship between both jurisdictions. It is not possible for me to either give a timetable or anticipate when discussions on the agreement will be finalised. Discussions on a new bilateral agreement remain live and the request regarding the negotiation of an interim arrangement has been made. It is now a matter for the Vietnamese authorities. My officials and the Embassy in Hanoi are in constant contact with officials in the Office of the Minister for Children and Youth Affairs. As the House is aware, I was recently in direct contact with the Vietnamese authorities regarding the matter. The Irish Government is actively trying to establish the status of the request for an interim agreement and the associated licensing requirements.

We remain completely committed to concluding discussions on the text of the bi-lateral inter-country adoption agreement with the Socialist Republic of Vietnam and have explained the reasons for the renegotiation of the existing agreement. The policy objective is the protection of children. The Government seeks to provide the best possible assurances around international adoption and to improve standards for children and the families who apply to adopt from abroad, in line with our commitment to ratify the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.

Passport Applications.

Jack Wall

Ceist:

321 Deputy Jack Wall asked the Minister for Foreign Affairs if a person (details supplied) in County Kildare who was born in England to Irish parents requires a copy of her marriage certificate in order for the person concerned to apply for an Irish passport; and if he will make a statement on the matter. [24607/09]

Every applicant for an Irish passport must first establish that he or she is an Irish citizen. In this case, the person in question applied for a passport on 28 July, 2008. As evidence of citizenship, she submitted her birth certificate which established that she was born in the UK. This certificate provided the names of both parents and stated that their place of birth was Ireland. The applicant also submitted her father's birth certificate which confirmed that he was born in County Laois.

Where, as in this case, a person born abroad to an Irish-born parent, applies for a passport for the first time, the marriage certificate of the parents is also sought. This requirement is also stated in the detailed notes that accompany the passport application form. The reason for seeking a marriage certificate, where available, is to further verify the link between the applicant and an Irish-born parent and thereby reduce the potential for fraud. However, a marriage certificate is frequently not obtainable and this practice is currently under review by the Passport Office.

Unfortunately, the applicant in question did not submit her parents' marriage certificate with her application. On 31 July, 2008 my Department wrote to her requesting the submission of her parents' marriage certificate. No reply to this letter has been received by my Department to date. It is open to the applicant to pursue her application for a passport. If she wishes to do so, she should contact Mr Kevin Walzer of the Passport Office at (01) 6733215 or by e-mail to kevin.walzer@dfa.ie.

Judicial Investigations.

Finian McGrath

Ceist:

322 Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support a matter (details supplied). [24613/09]

Extradition proceedings in relation to the case raised by the Deputy are currently before the courts. As the Deputy will be aware, the courts are independent in the exercise of their functions. Further, neither I nor my colleague, the Minister for Justice, Equality and Law Reform hold a function in relation to the determination of the current judicial proceedings. Accordingly, it would not be appropriate for me to comment any further on the matter.

Prisoner Transfers.

Joe Costello

Ceist:

323 Deputy Joe Costello asked the Minister for Foreign Affairs the action he will take to have a person (details supplied) transferred to another prison; and if he will make a statement on the matter. [24658/09]

In relation to prisoners overseas, the Department of Foreign Affairs cannot intervene on their behalf until the prisoner requests our assistance. I understand that the Department has not to date received any such request. I can assure the Deputy that should the person in question request our assistance, we will be happy to raise his case with the British authorities.

Official Engagements.

Terence Flanagan

Ceist:

324 Deputy Terence Flanagan asked the Minister for Foreign Affairs when he last met with the Japanese ambassador; and if he will make a statement on the matter. [24905/09]

I have had contact with the Japanese Ambassador on a number of occasions over the past year, when I had the opportunity to exchange views on a range of issues. The Japanese Ambassador and the officials of the Japanese Embassy have ready access to all officials in my Department at the highest level, and officials of the two sides meet on a regular basis.

Terence Flanagan

Ceist:

325 Deputy Terence Flanagan asked the Minister for Foreign Affairs if he expects to meet his British counterpart, Mr. David Miliband MP, again before the end of 2009; if so, the date and location; and if he will make a statement on the matter. [24906/09]

From time to time, the Secretary of State for Foreign & Commonwealth Affairs, Mr David Miliband, and I arrange to meet bilaterally in either London or Dublin. At the moment we are looking at the possibility of meeting in July, other commitments permitting. In any event I would expect to meet the Secretary of State at the scheduled General Affairs and External Relations Councils and European Councils to be held in Brussels and Luxembourg and at the United Nations General Assembly in New York in September.

Departmental Advertising.

Leo Varadkar

Ceist:

326 Deputy Leo Varadkar asked the Minister for Foreign Affairs if agencies, boards, quangos or other bodies within the remit of his Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by his Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, on-line advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if he will make a statement on the matter. [24972/09]

Leo Varadkar

Ceist:

327 Deputy Leo Varadkar asked the Minister for Foreign Affairs if his Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by his Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if he will make a statement on the matter. [24987/09]

I propose to take Questions Nos. 326 and 327 together.

Advertising undertaken by my Department in Ireland typically includes advisory notices on public opening hours over holiday periods, changes in passport application procedures and fees, job vacancy advertisements, phone book information, and public information notices relating to Ireland's official aid programme.

The following table outlines the advertising campaigns carried out in the first six months of 2009 to promote policies or programmes being implemented by my Department. The figures provided include VAT and cover all bodies that operate under the remit of my Department.

Vote 28 (Foreign Affairs)

Advertising

Costs

Design and print costs

Advertisements with local Irish ethnic newspapers in Britain to promote awareness of the Emigrant Support Programme and outline the programme’s grant application process (March and April 2009)

€1,789.83

Nil

Advertising in newspapers and magazine — Annual call for proposals under the Communicating Europe Initiative (CEI) which was established in 1995 to raise awareness about the European Union and to improve the quality and accessibility of public information on European issues.

€6,016 .53

Nil

Vote 29 (Irish Aid)

Advertising

Costs

Design and print costs

ASTI magazine ad for school workshops at the Irish Aid Centre (Jan 2009)

€1,458 (includes design costs)

Nil

Newspaper notices on community grants scheme for Africa Day events (Feb 2009)

€13,039.70

€297.68

Newspaper and magazine ad for Volunteer Information Fair (April 2009)

€10,930.58

€400.95

Ads for Africa Day events in ethnic press (May 2009)

€2,089

€334.13

Africa Day event outdoor advertising posters, Dublin (May 2009)

Provided free by Dublin City Council

€1031.54

Ads placed in newspaper and radio in Burundi to promote the Courtney Fellowship* (Jan 2009)

€290 (approx.)

Nil

*This Fellowship was established by the Minister of Foreign Affairs in 2004 in commemoration of the late Archbishop Michael Courtney, the Irish-born Papal Nuncio to Burundi who was murdered in 2003.

Question No. 328 answered with Question No. 318.

International Agreements.

Leo Varadkar

Ceist:

329 Deputy Leo Varadkar asked the Minister for Foreign Affairs the position he has taken with regard to the upgrading of EU relations with Israel; and if he will make a statement on the matter. [25091/09]

In June and December 2008, the General Affairs and External Relations Council decided in principle to agree to an Israeli request to further develop or ‘upgrade' relations between the EU and Israel. This took place in the context where the Action Plan setting out the details of EU-Israeli cooperation, principally in practical spheres such as transport, health, etc., was coming up for renewal. It is perhaps unfortunate that the prevalence of the term ‘upgrade' has suggested that what was envisaged was moving relations with Israel to a different, more privileged level than with other States. In fact the more ambitious political contacts proposed by Israel were not by and large taken up in the Council decisions in June and December, and we would envisage relations with all our Mediterranean partners, including the Palestinian Authority, being progressively deepened in this way, at speeds dictated by mutual capacity and progress already achieved.

Nonetheless, we were conscious of the possible political signal which might be sent, and the Government consistently maintained that the development of the EU-Israel relationship must take place, and be seen to do so, in the context of the achievement of our agreed goals, including overall progress in the Middle East Peace Process. At the insistence of Ireland and a number of other partners, language making this linkage was included in the Council's decision of principle.

In recent discussions, leading up to the General Affairs and External Relations Council meeting on 15 June, a broad consensus has emerged that now is not the time to be proceeding with implementing the upgrade decisions of last December and that any such decision must be linked to, and take account of, overall developments in the peace process. This message was conveyed by the Presidency on behalf of the Union to Foreign Minister Lieberman at the meeting of the EU-Israel Association Council in Luxembourg on 15 June.

The decision in principle to enhance relations stands, but the Council has decided that for the moment relations with Israel will continue to be governed by the existing Action Plan.

Swimming Pool Projects.

Ciarán Cuffe

Ceist:

330 Deputy Ciarán Cuffe asked the Minister for Arts, Sport and Tourism the details of grants available for the development of swimming pools by local authorities; and the details of all such grants made in the past year for which figures are available, to include the local authority’s name, amount of grant, total project cost and other relevant details. [24415/09]

The information requested by the Deputy is below in tabular format.

Under the Local Authority Swimming Pool Programme, which is administered by my Department and which has been closed to new applicants since July 2000, grant aid to a maximum of €3.8 million is provided to Local Authorities towards the capital costs of new swimming pools or the refurbishment of existing pools, subject in both cases to the total grant not exceeding 80% of the eligible cost of the project or, in the case of projects located in disadvantaged areas, 90% of the eligible cost. Proposals must comply with the standards set out in the Department's "Procedures for the Planning, Approval and Financing of Swimming Pools and Technical Guidelines."

Under the Guidelines there are four principal stages in a swimming pool project following the submission of a feasibility study. These, in order of progress, are: Preliminary Report; Contract Documents; Tender and Construction. Grant-aid is allocated only when tenders have been approved for the project and is capped at the time of allocation. The Department and its technical advisers, the Office of Public Works, evaluate each stage and local authorities cannot proceed to the next stage of a project unless prior approval issues from the Department of Arts, Sport & Tourism.

Where a project is being undertaken by an organisation other than a local authority, the proposal must be considered, supported and submitted by the relevant local authority. Before supporting a project, the local authority would have to be satisfied that the proposal was viable, that the balance of funding required to complete the project was available and that the project, when completed, would have a satisfactory level of public access. The Local Authority is responsible for making satisfactory arrangements for the management and maintenance of the facility.

The policy since 2000 has been to give priority to the completion of the 57 projects within the current round. Of these 57 projects, 43 have been completed and are open to the public, 4 are under construction, all of which have been grant aided. Ten other projects are at various stages of the Programme: 7 at contract documents stage and 3 at preliminary report stage.

Cumulative grant expenditure by the Department under the programme from 2000 to the end of May this year is €135.5m and this grant aid has leveraged total investment of some €399.9m in public swimming pool facilities. Under the National Development Plan 2007 — 2013, €184m has been allocated for the provision of public swimming pools under the Local Authority Swimming Pool Programme, with €12.4m provided in the Revised Estimates for 2009.

The Department has completed and published a Value for Money and Policy Review Report of the Local Authority Swimming Pool Programme. The Report examined, among other things, how the programme has worked to date and what changes, are required to ensure its effective and efficient delivery. The Report was published in 2008. The terms and conditions of any new round of the Programme will be devised taking into account the recommendations of the Report.

However, given the current budgetary constraints, it is not intended to launch a new round of the Local Authority Swimming Pool Programme at this time. The matter will be reviewed again later this year.

Local Authority Swimming Pool Programme

Location of public swimming pool project

Local Authority

Payments in 2008

Payments in 2009

Grant Approved

Project Cost

€m

€m

1

Ballymun (replace)

Dublin City Council

190,461

3.8

19.5

2

Youghal (new)

Youghal Town Council

190,461

3.8

7.8

3

Monaghan town (replace)

Monaghan County Council

380,921

3.8

7.4

4

Thurles (replace)

Thurles Town Council

309,911

3.8

5.5

5

St Michael’s House (new)

Dublin

661,938

3.7

5.0

6

Athy (replace)

Kildare County Council

2,534,502

3.8

6.0

7

Birr (refurbish)

Offaly County Council

88,380

€149,820.00

1.5

2.3

8

Naas (replace)

Kildare County Council

2,266,834

3.8

9.9

9

Kilkenny City (replace)

Kilkenny County Council

1,294,277

3.8

18.6

10

Tullamore (replace outdoor)

Tullamore Town Council

1,910,878

3.8

12.8

11

Bray (replace)

Bray Town Council

1,713,309

3.8

11.3

12

Greystones (new)

Wicklow County Council

2,339,695

3.8

17.6

13

St Joseph’s School (refurbish)

Dublin

30,000

0.3

0.3

14

Dundrum (replace)

Dún Laoghaire Rathdown County Council

3,428,292.60

3.8

11.2

15

Claremorris (replace)

Mayo County Council

1,762,624.23

€861,890.89

3.8

7.2

16

Roscrea (new)

North Tipperary County Council

1,345,936.86

€609,223.35

3.8

10.3

17

Askeaton (Replacement)

Co. Limerick

380,921

3.8

4.9

18

Letterkenny (Replacement)

Co. Donegal

380,921.40

3.8

16.8

19

Finglas (Replacement)

Dublin City Council

190,460.70

3.8

22.0

20

Drogheda (Replacement)

Louth County Council

190,460.70

3.8

8.8

21

Jobstown (New)

South County Dublin

380,921.40

3.8

17.6

22

Arklow (Refurbish)

Wicklow County Council

117,450.70

3.3

3.3

23

Clondalkin (Replacement)

South County Dublin

380,921.40

3.8

14.4

24

Clonmel (Refurbish)

Tipperary N.R

82,096.70

1.6

2.0

25

Ferrybank (Refurbish)

Wexford County Council

791,088.35

3.8

5.2

Total

20,448,421

4,516,176.99

Tourism Industry.

Terence Flanagan

Ceist:

331 Deputy Terence Flanagan asked the Minister for Arts, Sport and Tourism his views on the performance of the US market for tourism in 2007, 2008 and for the first quarter of 2009; and if he will make a statement on the matter. [24900/09]

2007 was a record year for Irish tourism with the highest number of overseas visitors ever recorded. Figures published by the Central Statistics Office show that in 2007, there were 1,073,000 visitors to Ireland from North America. The figure fell very marginally in 2008 to 1,005,000. Figures for the first four months of 2009 show that over 219,000 visitors from North America came to Ireland representing a reduction of 4.6% on the corresponding period of 2008.

While any downturn in visitor numbers is disappointing, the performance must be seen in context. The downturn in the world economy has significantly affected tourism and travel globally and travel to Ireland has been no exception. The economic difficulties in the United States are clearly having a negative impact on the affordability of overseas travel for many American consumers and the situation has been exacerbated by currency fluctuations. It should be noted that Ireland is still performing relatively better than many of our European competitors. For example, figures show a fall of 13% in overseas visitor numbers to the United Kingdom in the first quarter of 2009, compared to a reduction of just over 9% in Ireland. Furthermore market intelligence suggests that there was a drop of 12.3% in trips from the US to Europe in the first two months of 2009 compared to the drop of 10.1% in visitors from the US to Ireland.

To assist the tourism sector through this current difficult period, an extensive range of marketing, product development, festival and sporting events, training and business supports are being rolled out by the Tourism State Agencies under the Tourism Services budget of the Department. For example, despite cutbacks in public expenditure, the core overseas marketing spend has been maintained in 2009 at over €47 million, in recognition of the key contribution which tourism makes to the Irish economy.

This funding has allowed Tourism Ireland to undertake an intensive marketing campaign for Ireland in the United States and in other key markets this year. In addition to the rollout of Tourism Ireland's new "Go Where Ireland Takes You" campaign in the United States, an additional marketing campaign under the banner "Ireland's Wonderful West Awaits You" is also underway in key gateway cities and catchment areas in the US for travel to Shannon and the West. These campaigns have been developed to take account of the current economic challenges and I am assured that Tourism Ireland is keeping all of its marketing programmes for 2009 under review to ensure they maintain the flexibility and responsiveness that is required.

I remain confident that the tourism sector has the capacity to manage the current challenges and I know that the tourism agencies are doing all they can to ensure that we see a return to growth in overseas visitor numbers, including those from the US, as soon as possible.

Departmental Advertising.

Leo Varadkar

Ceist:

332 Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism if agencies, boards, quangos or other bodies within the remit of his Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by his Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, on-line advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if he will make a statement on the matter. [24964/09]

In accordance with Government policy, the Department has issued instructions to agencies within its ambit with regard to, inter alia, reducing professional fees (for example, marketing, advertising and other consultancy services) by 8 per cent.

The commissioning of advertising campaigns by the agencies within the Department's ambit is a matter for the agencies themselves.

Leo Varadkar

Ceist:

333 Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism if his Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by his Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if he will make a statement on the matter. [24979/09]

In accordance with Government policy, the Department is observing the requirement to, inter alia, reduce professional fees (for example, marketing, advertising and other consultancy services) by 8 per cent.

Since 1 January 2009, Culture Ireland, which forms part of the Department, has commissioned one advertising campaign in support of its policies and programmes, as follows.

Nature of Advertising Campaign

Total Cost

To advertise and promote the Irish Pavilion at the 2009 Venice Biennale in the Irish Arts Review and Frieze magazines.

5,699

Olympic Games.

Chris Andrews

Ceist:

334 Deputy Chris Andrews asked the Minister for Arts, Sport and Tourism if there are plans to use the facilities at Irishtown Stadium, Dublin, for visiting international Olympic teams prior to the 2012 Olympics; and if Dublin City Council has been contacted to ensure their facilities are in peak condition. [25001/09]

The London 2012 Olympics and Paralympics Task Force Report concluded that only a relatively small number of existing sports facilities have the potential to attract international athletes and teams in the lead up to the London 2012 Games. This was based on an assessment of the suitability of existing and planned future sports facilities. The objective was to focus on existing facilities which were deemed to be of Olympic/Paralympic standard and the upgrades which would be required to bring facilities at other centres up to the requisite standard which for the most part were to be found on university campuses and national sports–specific centres. These facilities were then assessed against current Olympic and Paralympic standards.

In addition to high quality sports facilities, Olympic and Paralympic teams and athletes also require certain ancillary facilities such as adjacent sports physiotherapy and medical facilities, proximity to an airport with direct international flights, meeting, secure storage and treatment rooms. The facilities at Irishtown stadium while very important in a national context were not among those identified by the Task Force.

Chris Andrews

Ceist:

335 Deputy Chris Andrews asked the Minister for Arts, Sport and Tourism the action taken to act on the recommendations in the report to the Minister for Arts, Sport and Tourism of the London 2012 Olympics and Para-Olympics Taskforce of March 2008 in order to bring national Olympic teams here, prior 2012 Olympic games. [25002/09]

The London 2012 Olympics and Paralympics Task Force was established in August 2006 to ensure Ireland can identify and maximise the complete range of opportunities arising from our proximity to the Olympic and Paralympic Games in London 2012. The Task Force included experts from the sport, tourism, cultural and business sectors and was supported by staff within my Department.

The Task Force report, which was published last February, makes a number of recommendations arising from an audit carried out of high quality sports facilities in Ireland and the findings of a report by Indecon International Economic Consultants on the economic evaluation of the benefit to the island of Ireland of the London 2012 Olympic and Paralympic games. It highlights the opportunities for Ireland from the London 2012 Games in the sport, tourism, cultural and business sectors.

On the sporting side, the Task Force report puts forward proposals for investment in sports facilities which would increase our attractiveness as a training destination for Olympic teams in the lead up and during the Games. However, given the current economic conditions it is unlikely that the necessary resources will be available in the short term.

My Department is engaging with the relevant sporting, tourism and cultural agencies on how best to promote Ireland internationally in the lead up to the London 2012 Games. These discussions are taking account of the current economic situation and the findings of the London 2012 Task Force Report.

Sports Funding.

Willie Penrose

Ceist:

336 Deputy Willie Penrose asked the Minister for Arts, Sport and Tourism when he will give approval to the application from Westmeath County Council for funding in order to allow a centre (details supplied) to commence construction; and if he will make a statement on the matter. [25084/09]

I refer to the Deputy to my reply to Question No. 296 of 26 May 2009. The position has not changed since then.

Denis Naughten

Ceist:

337 Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism if funding will be available to the Irish Sports Council to provide funding for GAA players in 2009; and if he will make a statement on the matter. [25209/09]

The funding of the Gaelic players grant schemes is a matter for the Irish Sports Council (ISC) in the context of the distribution of its budget for 2009. In light of the current economic constraints and the reduction in the ISC's allocation of funding in the 2009 Estimates, I am having ongoing discussions with the Council on optimum funding options, in order to maintain its existing programmes while building on recent progress. The future funding of the Gaelic players schemes is being considered in that context and a final decision on the matter will be made shortly following discussions which I intend to have with the Gaelic Players Association.

Decentralisation Programme.

Enda Kenny

Ceist:

338 Deputy Enda Kenny asked the Minister for Community, Rural and Gaeltacht Affairs his proposals with regard to decentralisation for Charlestown, County Mayo; if his Department is considering moving headquarters to an available centre in Kiltimagh, County Mayo; and if he will make a statement on the matter. [24418/09]

I refer the Deputy to my reply to Priority Question No 24 of 17 June 2009.

Housing Grants.

Michael Ring

Ceist:

339 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs when payment of an approved Gaeltacht house grant will be issued to a person (details supplied) in County Mayo. [24424/09]

The grant in question has recently been approved by my Department. The grant will be paid when the work in question has been completed to the satisfaction of my Department and the conditions pertaining to the grant have been fulfilled.

Natural Heritage Areas.

John Perry

Ceist:

340 Deputy John Perry asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the problems with national heritage cemetery sites caused by the prohibition of FÁS and community employment schemes to cut grass at these cemeteries; the plans he has in place to ensure the proper maintenance of these sites, as many sites are overgrown with grass; and if he will make a statement on the matter. [24464/09]

My Department does not have responsibility for FÁS Community Employment Schemes. However, we are responsible for the operation of the Rural Social Scheme (RSS), which is managed at a local level around the country by Integrated Local Development Companies.

Communities have benefited from the work undertaken by RSS participants, including the valuable work carried out in the local cemeteries. However, the Deputy will appreciate that there is a clear requirement for my Department to ensure that any work undertaken is compliant with the relevant laws and that appropriate permissions are obtained.

My officials recently requested that work under the RSS in graveyards that are ‘recorded archaeological monuments' be temporarily suspended, pending the finalisation of guidelines for the conduct of such work. These guidelines, prepared in co-operation with the National Monuments Service, have now issued to the Integrated Local Development Companies.

Accordingly, work in graveyards and other sites that are recorded archaeological monuments can now proceed as per the new arrangements, in a way that is helpful to the communities while also preserving our archaeological and historical heritage.

Departmental Expenditure.

Rory O'Hanlon

Ceist:

341 Deputy Rory O’Hanlon asked the Minister for Community, Rural and Gaeltacht Affairs the cost of subsidy and grants for transport to support communities in the last year for which figures are available; and if he will make a statement on the matter. [24531/09]

I take it the Deputy is referring to the Rural Transport Schemes operated and funded by my Department.

For the year 2008 my Department provided a total of €479,328 to fund the Rural Transport Night Scheme as a pilot project. The groups delivering this pilot project are also part of the Rural Transport Programme, operated by the Department of Transport.

In addition, the Rural Social Scheme (RSS) provides resources to maintain and improve local amenities and to generate important social inclusion benefits to community members, including in some cases, supporting rural transport schemes. A number of implementing bodies who run the RSS on behalf of my Department provide drivers, assistants and administration workers for the provision of such services. Their estimated cost for 2008 is approximately €540,500 for supporting Rural Transport schemes.

For completeness, my Department provided €2.8 million under the Community Services Programme for community transport in 2008. Expenditure in respect of the Community Services Programme for 2009 is approximately €1.5 million to end of May 2009.

Additionally, approximately €4.8 million was spent by the Department in 2008 on the provision of ferry, air and road transport for the island communities.

Community Development.

Ruairí Quinn

Ceist:

342 Deputy Ruairí Quinn asked the Minister for Community, Rural and Gaeltacht Affairs further to Parliamentary Question No. 523 of 22 April 2009, if he has made a decision on including the extra area and population in the RAPID area; and if he will make a statement on the matter. [24552/09]

As the Deputy is aware the Government has recently approved the inclusion of five new towns in the RAPID programme: Ballina, Co. Mayo; Dungarvan, Co. Waterford; Enniscorthy, Co. Wexford; Mullingar, Co. Westmeath and Rathkeale, Co. Limerick.

The review referred to in the earlier question is ongoing.

National Drugs Strategy.

Seán Barrett

Ceist:

343 Deputy Seán Barrett asked the Minister for Community, Rural and Gaeltacht Affairs his plans to control the activities of so-called headshops, in which mind altering drugs (details supplied) are sold as substitutes for banned drug substances; the place of headshops in the national drugs strategy; and if he will make a statement on the matter. [24557/09]

The Department of Health and Children has the main responsibility in this area. Under the Misuse of Drugs Acts, the importation, exportation, production, supply and possession of a range of named narcotic drugs and psychotropic substances are regulated and controlled. The list of scheduled substances is kept under review on an ongoing basis. In particular, the Department of Health & Children reviews any evidence that substances are being abused and are causing significant harm to public health. Such reviews would encompass EU decisions in regard to any substances, as recently happened in regard to BZP (Benzylpiperazine), the sale of which has been made illegal.

As ‘legal highs' are currently not controlled substances, there is no authority under the Misuse of Drugs legislation to prevent their sale in headshops. However, the activities of these establishments will continue to be monitored with a view to endeavouring to minimise any risks, especially in regard to the potential that the substances involved might have to encourage experimentation with illegal drugs.

One of the actions in the National Drug Strategy 2009-2016, which was very recently approved by Government, provides for the monitoring of the activities of headshops, and all businesses involved in the sale of psychoactive substances, with the objective of ensuring that no illegal activity is undertaken. It also recommends that steps are taken to reform legislation in this area where this is deemed to be appropriate.

Departmental Programmes.

Brendan Howlin

Ceist:

344 Deputy Brendan Howlin asked the Minister for Community, Rural and Gaeltacht Affairs the communications he has had with Pobal in relation to the budget cut in support moneys for the local development social inclusion programme following the supplementary budget of 7 April 2009; the basis on which the individual cut to each programme was made; the way a cut of 8.25% to Wexford Local Development could be justified; if his attention has been drawn to the fact that this will result in staff redundancies in Wexford Local Development and will impact on the services provided; if an enhanced redundancy package similar to the one available earlier in 2009 to Pobal employees will be made available to affected staff in Wexford Local Development; if the balance of cohesion funding will be used to mitigate the effect of these cuts on services or to enhance redundancy payments above statutory entitlements; and if he will make a statement on the matter. [24644/09]

As with many Government Programmes and initiatives, the economic realities reflected in the recent supplementary budget allocations inevitably mean that the amount of funding available for my Department's Local Development Social Inclusion Programme (LDSIP) will be considerably less in 2009 than in recent years. In the context of a reduced budget allocation, companies have been advised that front-line services and support to customers/beneficiaries should be prioritised over administration, overheads and ancillary costs.

It is a matter for the boards of companies implementing the LDSIP to decide how best to operate with reduced budgets and to address staffing issues such as redundancy that may arise.

Community Development.

Niall Collins

Ceist:

345 Deputy Niall Collins asked the Minister for Community, Rural and Gaeltacht Affairs the full range of benefits and services which will arise from a decision (details supplied); and if he will make a statement on the matter. [24789/09]

The RAPID Programme aims to ensure that priority attention is given by Departments and statutory agencies to tackling the spatial concentration of poverty and social exclusion within designated RAPID areas.

Following a review in 2006, I am in the process of re-focussing the programme around seven strategic themes: family support, community safety & anti-social behaviour, health, physical environment, youth support, education and employment & training.

A key mechanism for the programme is the RAPID Area Implementation Team (AIT) in each RAPID area, made up of relevant statutory, local and community interests and co-ordinated by the relevant local authority. These groups identify local priorities to be addressed by the individual lead Departments and agencies under the programme.

Deputies will be aware that it is the role of my Department, supported by Pobal to co-ordinate the implementation of the RAPID programme. It is, therefore, a matter for lead Departments to report on the implementation of the programme regarding proposals that fall within their remit.

I recently announced a Government decision to include five new areas in the RAPID Programme: Ballina, Co. Mayo; Dungarvan, Co. Waterford; Enniscorthy, Co. Wexford; Mullingar, Co. Westmeath and Rathkeale, Co. Limerick. This brings the number of designated RAPID areas from 46 up to 51. These changes follow an independent review of the findings of the 2006 Census returns. My Department is in consultation with the Department of Environment, Heritage and Local Government regarding the implementation of the decision.

Separately, in 2004 I introduced the RAPID Leverage Schemes to support mainly small-scale projects identified locally by the Area Implementation Teams in each of the RAPID areas. Under these schemes my Department co-funds initiatives by lead agencies that focus on estate enhancement, graffiti removal, traffic calming, community closed-circuit television, health and sports facilities, and the provision of playgrounds and multi-use games areas. In addition Dormant Accounts funding in support of priority projects in RAPID areas has been available in recent years. Further comprehensive information can be accessed on my Department's website — www.pobail.ie.

Departmental Advertising.

Leo Varadkar

Ceist:

346 Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs if agencies, boards, quangos or other bodies within the remit of his Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by his Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, on-line advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if he will make a statement on the matter. [24966/09]

Leo Varadkar

Ceist:

347 Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs if his Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by his Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if he will make a statement on the matter. [24981/09]

I propose to take Questions Nos. 346 and 347 together.

My Department has not engaged in any campaigns of the nature referred to by the Deputy during the first six months of 2009. It is not feasible within the timeframe provided to readily compile the wide data sought by the Deputy in relation to advertising campaigns carried out or undertaken by the bodies that come within the ambit of my Department. Accordingly, I am arranging for the material to be compiled by my Department and provided directly to the Deputy.

Grant Payments.

Michael Ring

Ceist:

348 Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if a further inspection will be carried out on a house (details supplied) in County Mayo regarding a grant. [25030/09]

My Department is still awaiting specific documentation from the applicant in this case. An inspection will be carried out as soon as possible after the completed document has been received and the grant will be paid when the work in question has been completed to the satisfaction of my Department.

National Drugs Strategy.

Mary Upton

Ceist:

349 Deputy Mary Upton asked the Minister for Community, Rural and Gaeltacht Affairs when he expects to publish the national substance misuse strategy; and if he will make a statement on the matter. [25039/09]

The Government approved the new National Drugs Strategy 2009-2016 on Tuesday 16th June 2009. Arrangements are now being made for publication and I expect to launch it in July.

Arising from the earlier Government decision of 31 March 2009 to include alcohol and drugs in a combined National Substance Misuse Policy, the new National Drugs Strategy will be an "interim" policy pending the development of the broader Strategy which is expected by the end of 2010.

Mary Upton

Ceist:

350 Deputy Mary Upton asked the Minister for Community, Rural and Gaeltacht Affairs if the national substance misuse strategy will require agencies who receive funding to draw up service plans which include progress for service users; if targets will be set for progress for service users; if these progress reports and targets will influence access to funding; and if he will make a statement on the matter. [25040/09]

The new National Drugs Strategy 2009-2016, which was approved by Government last week, includes a commitment to develop an overall performance management framework to assess and monitor progress. In this context, and with the imminent establishment of the Office of the Minister for Drugs, it is intended that there will be a greater focus on the effectiveness of projects being funded under the Strategy, and on the outcomes and value for money being achieved. Previous performance will be a factor in subsequent decisions on funding.

I might clarify that, arising from a Government decision of 31 March last to include alcohol and drugs in a combined National Substance Misuse Policy, the new National Drugs Strategy will be an "interim" policy pending the development of the broader Strategy which is expected by the end of 2010.

Child Support.

Finian McGrath

Ceist:

351 Deputy Finian McGrath asked the Minister for Social and Family Affairs if she will respond to a query from a person (details supplied). [24487/09]

As the Deputy will be aware, it has been necessary for the Government to take steps to reduce overall public expenditure in order to restore order and stability in the public finances. This has involved reviewing all public expenditure programmes, including social welfare programmes, which at some €21.3 billion in 2009 form a substantial portion of overall public expenditure. The rates of child benefit have increased significantly since 2001 having trebled for the first two children and increased by over 185% for the third and subsequent children. Expenditure on child benefit grew from just under €965 million in 2001 to nearly €2.5 billion in 2008 as a result of the increase in rates and growth in the number of eligible children.

In the Supplementary Budget, the Minister for Finance signalled the Government's intention to either means test child benefit or to subject it to income tax from 2010. The issues in both options, which are considerable, are being examined by my Department, the Department of Finance and Revenue. The Commission on Taxation is also considering the issues underlying taxation of child benefit and their findings will inform any decisions in relation to this matter.

Social Welfare Benefits.

Catherine Byrne

Ceist:

352 Deputy Catherine Byrne asked the Minister for Social and Family Affairs the entitlements of a person (details supplied) in Dublin 6W; when a decision will be made; and if she will make a statement on the matter. [24598/09]

A claim for Illness Benefit was received from the person concerned on 21 May 2009. He was advised by letter dated 28 May 2009 that he is not entitled to Illness Benefit as the records of the Department show that he has insufficient PRSI contributions to satisfy the qualifying conditions (which are also set out in the letter). If the person concerned considers that he has more PRSI contributions than those indicated then he should contact the Illness Benefit Branch of the Department to have his case re-examined.

Even though the person concerned does not currently qualify for payment he does qualify for credited PRSI contributions subject to his continuing to submit medical evidence. Credited contributions help to preserve a person's entitlement to benefits and pensions in the future.

If the person concerned has a medical condition that is expected to last for at least one year and as a result of this disability he is substantially restricted in undertaking work that would otherwise be suitable for him, he may wish to apply for Disability Allowance which is a means tested payment. Application forms may be downloaded from the Department's website or may be obtained from a Social Welfare Local Office or Citizen's Information Centre. Otherwise, if the person's means are not sufficient to meet his needs, he may wish to consider applying for supplementary welfare allowance. In this regard, he should contact the Community Welfare Officer at his local Health Service Executive office, who will advise him of his possible entitlement to this allowance.

Rural Transport Programme.

Denis Naughten

Ceist:

353 Deputy Denis Naughten asked the Minister for Social and Family Affairs her plans to introduce a system in which persons entitled to free travel who cannot avail of public transport for hospital appointments could obtain a refund for the cost of taxis; and if she will make a statement on the matter. [24739/09]

The issue of access to public transport in rural areas is being addressed at present through the Rural Transport Programme, which is being managed by Pobal, on behalf of the Department of Transport. My Department is contributing €1.5 million to the initiative this year to ensure that free travel pass holders continue to have access to community based transport services. I am aware of the difficulties that some free travel pass holders have in accessing public transport and my officials have discussed this issue with the Commission for Taxi Regulation. Various alternatives to the existing system, including the use of vouchers, have been examined. A study, "A Review of the Free Schemes", published in 2000 by the Policy Institute, Trinity College Dublin, concluded that a voucher type system, which would be open to a wide range of transport providers including taxis and hackneys, would be extremely difficult to administer, open to abuse and unlikely to be sufficient to afford an acceptable amount of travel. This position remains unchanged.

Social Welfare Fraud.

Michael McGrath

Ceist:

354 Deputy Michael McGrath asked the Minister for Social and Family Affairs the procedures in place for members of the public to make a complaint regarding suspected social welfare fraud; and if she will consider embarking on a publicity campaign to encourage the reporting of suspect fraud. [24749/09]

Central Control Section in Carrick-on-Shannon accepts details of suspected social welfare fraud from members of the public. All information given is treated in the strictest confidence. Under the Data Protection Act, information regarding action taken on any such reports to the Department cannot be provided.

Details of suspected fraud can be given in any of the following ways: a.by post: to Central Control Section, DSFA, Shannon Lodge, Carrick- on-Shannon, Co Leitrim; b.by email: to the Department at central.control@welfare.ie or c. by phone: (01) 704 300, ask for Central Control Section or (071) 9672648. We have publicised these contact details in the media and they are available on the Department's website. It is clear from the huge increase in anonymous reports made by the public to date this year (714% increase on the same period in 2008) that the public is aware of the importance of reporting cases of suspected fraud.

In light of this it is questionable whether a media campaign would provide value given the cost involved. However this will be kept under review. I am committed to ensuring that social welfare payments are available to those who are entitled to them.

The control programme of the Department is carefully monitored, and the various measures are continuously refined to ensure that they remain effective.

Social Welfare Appeals.

Michael Ring

Ceist:

355 Deputy Michael Ring asked the Minister for Social and Family Affairs the position regarding the case of a person (details supplied) in County Mayo. [24750/09]

A Deciding Officer disallowed the jobseeker's allowance claim of the person concerned from 13 May, 2009, on the grounds that his means, derived from the benefit of spouse's earnings, exceed the maximum jobseeker's allowance rate payable to a person in his circumstances. He has appealed this decision and his file was forwarded to a Social Welfare Inspector for re-examination of his means. The inspector will be in touch with him shortly in this regard. 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.

EU Funding.

Terence Flanagan

Ceist:

356 Deputy Terence Flanagan asked the Minister for Social and Family Affairs the amount of EU funding received for programmes administered by her Department or by agencies under the remit of her Department in each of the past 15 years; if she will detail the programmes in tabular form; and if she will make a statement on the matter. [24899/09]

Details of EU funding received by the Department from 1993 to 2008 are set in the table below.

EU Funding received by the Department

Name of Programme

Amount Received

1

Repayment of grants under the EU Horizon Project 1995

290,242

2

EU Presidency 1996

114,545

3

EU Presidency 1998

89,492

4

Conference on caring for older people at home 1999

31,115

5

Conference on Social Development 2000

39,552

6

KIMSAC Project 1996-2000

284,163

7

Leonardo Da Vinci Project 1997-2001

25,366

8

Conference on reconciling Mobility and Social Inclusion 2004

161,418

9

Conference on Family and Social Policy in Europe 2004

159,947

10

Conference on Co-ordination of Social Security in an enlarged Europe — now and tomorrow 2004

202,137

11

Conference “3rd European Meeting of People Experiencing Poverty” 2004

187,271

12

EU Special Programmes for Peace and Reconciliation 1996-2006

17,521,835

In addition to the above, the Department provided funding from subheads within its Vote in respect of the following programmes that were co-funded by the EU.

Name of Programme

Amount Provided from Departmental Subheads

13

EU Community Action Programme to Combat Social Exclusion 2002-2006

160,363

14

EU Community Action Programme for Employment an Social Solidarity (Progress) 2007-2013

47,427

15

EU Special Programmes for Peace and Reconciliation (From 1996-2002)

7,514,310

We have no definitive figures from the EU Commission on the overall amount provided to Ireland under the various Social Exclusion Programmes, however, it generally equates to 20% of the total costs of projects i.e. some €41,560 for 13 and 14 above. It should be noted however that not all organisations which received EU funding under the Social Exclusion Programme sought matching funding from this Department.

Responsibility for the measures of the EU Special Programmes for Peace and Reconciliation relevant to this Department transferred to the Department of Community, Rural and Gaeltacht Affairs in July 2002. The five statutory bodies operating under the aegis of the Department are the Pensions Board, the Combat Poverty Agency, the Citizens Information Board (formerly Comhairle and previously known as the National Social Services Board (NSSB)), the Family Support Agency and the Social Welfare Tribunal. In addition the Pensions Ombudsman comes under the remit of the Department. Details of EU funding received by the National Social Services Board (NSSB) are set out in the following table.

Name of Programme

Amount Received

1

EC Funding for Information Initiatives — 1997

62,352

2

EC Funding for Information Initiatives — 1998

45,353

3

EC Funding for Information Initiatives — 1999

40,360

The spreadsheet attached at Appendix 1 shows EU co-funded monies received by the Combat Poverty Agency since 1993. None of the other bodies received funding from the EU.

Appendix 1 to PQ 24899/09 — EU Funding Received by the Combat Poverty Agency 1993-2008

YEAR

European Communities’ Programme 2nd (through DSW)

EU Third Poverty Programme (through DSW)

EC Horizon Community Development Programme (via Depts Enterprise and Employment and Social Welfare)

EC Horizon Community Arts Programme(via Depts Enterprise an Employment and Social Welfare)

NOVA Advance Community Development Consultancy (ESF via Dept of Enterprise and Employment)

Total funding for Programme for Peace and Reconciliation (ESF 75% & Exchequer 25%

EU Preparatory Actions — Models of Consultation

Mainstreaming Social Inclusion Phase I, II, & Evaluation

Local Authority Social Inclusion

Total

1993

458,647

345,968

209,064

1,013,679

1994

140,809

254,659

233,116

45,187

673,771

1995

28,017

28,017

1996

7,072

957,509

964,581

1997

3,322,724

3,322,724

1998

5,059,317

5,059,317

1999

7,969,475

7,969,475

2000

5,293,402

116,509

5,409,911

2001

4,528,482

30,152

4,558,634

2002

5,771,205

5,771,205

2003

10,028,799

29,847

25,913

10,084,559

2004

9,566,428

111,159

45,119

9,722,706

2005

-1,927,659

232,822

-1,694,837

transferred to the Special EU Progs Body

2005

1,110,817

1,110,817

2006

1,201,424

200,359

1,401,783

2007

-449,037

-449,037

Represents balance of Border Action monies refunded to DSFA

2007

959,332

959,332

2008

892,523

892,523

599,456

600,627

442,180

80,276

54,284,741

146,661

574,187

71,032

56,799,160

Departmental Advertising.

Leo Varadkar

Ceist:

357 Deputy Leo Varadkar asked the Minister for Social and Family Affairs if agencies, boards, quangos or other bodies within the remit of her Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by her Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, on-line advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if she will make a statement on the matter. [24975/09]

Leo Varadkar

Ceist:

358 Deputy Leo Varadkar asked the Minister for Social and Family Affairs if her Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by her Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if she will make a statement on the matter. [24990/09]

I propose to take Questions Nos. 357 and 358 together.

During the first six months of 2009, advertisements were placed in the National press, relating to the following policies and programmes: 1. Consultation on fees payable to Health Professionals; 2. Notice to Landlords of Tenants receiving Rent Supplement; Table 1 outlines the costs associated with the above advertisements; Table 2 outlines the information requested in relation to the agencies under the remit of the Department.

Advertisement

Advertising in Publications Costs

Broadcast Advertising Costs

Outdoor Advertising Costs

Consultancy or production Costs

Consultation on fees payable to Health Professionals

25,000

NIL

NIL

NIL

Notice To Landlords Of Tenants Receiving Rent Supplement

29,000

NIL

NIL

NIL

TOTAL

54,000

NIL

NIL

NIL

Advertising Campaigns carried out in the period 1 January to 30 June 2009

Agency/ Board

Details of the Advertising Campaign/Programme

Type of Advertising (i.e. publication, broadcasting, online, outdoor or other)

Cost or Anticipated Cost Involved (Advertising & Consultancy)

Pensions Board

Nil

Combat Poverty Agency

Nil

Citizens Information Board (CIB)

Advertisements to promote the website www.losingyourjob.ie, one advert in each publication for one day, June 2009.

Free Sheet Publications

€774.00

Family Support Agency

Nil

Social Welfare Tribunal

Nil

Office of the Pensions Ombudsman

General advertising

Stand at Over 50s Show, Cork. Ads in special reports/articles on pensions in selected magazines

€4,229

Pension Provisions.

Darragh O'Brien

Ceist:

359 Deputy Darragh O’Brien asked the Minister for Social and Family Affairs the progress in including a company’s (details supplied) pension scheme in the newly announced pensions insolvency payment scheme initiative, as the scheme is underfunded and members are extremely concerned about their pension benefits; and if she will make a statement on the matter. [25035/09]

Defined benefits pension schemes winding up in deficit and with an insolvent employer will be able to avail of pension insolvency payments scheme being introduced by the Department of Finance. I recently met with representatives of the trustees of this company's pension scheme and understand their concerns. On foot of discussions, I undertook that my officials would liaise with the Department of Enterprise Trade and Employment in relation to the matters raised. My officials will notify the representatives of the trustees in due course.

I would like to reiterate that recent changes to the Pensions Act do provide for a more equitable distribution of assets of pension schemes which wind up in deficit and this may benefit those current and former members of the company who have not yet reached retirement age.

Social Welfare Fraud.

Joe McHugh

Ceist:

360 Deputy Joe McHugh asked the Minister for Social and Family Affairs when she will appoint social welfare inspectors to investigate and prevent fraud; if she will expand on the measures she has introduced in the past few months to combat fraud in border areas; and if she will make a statement on the matter. [25050/09]

There are over 600 staff in the Department at local regional and national level whose work involves some element of control activity in relation to the prevention, detection, deterrence of fraud and pursuit and recovery of overpayments. This number includes 392 Inspectors serving in the Department of which 88 Inspectors are attached to the Department's Special Investigation Unit (SIU).

The Inspectors' remit includes investigation of claims to all means tested payments to ensure the conditions regarding entitlement are satisfied, the review of such payments to ensure ongoing entitlement to same and the combating of fraud and abuse of all the schemes administered by the Department. The SIU is the Department's dedicated fraud investigation unit, and Inspectors attached to the SIU are involved full time in control work and in the investigation of fraud, including the preparation of cases for legal proceedings where appropriate.

Arising from the increase in the Live Register and due to the extra demands being made on the resources of the Social Welfare Inspectorate, it was decided in January 2009 to increase the number of Inspectors by 16. More recently, it was decided in May to assign a further 24 Inspectors and the recruitment process for these posts is currently in train.

In relation to measures to combat fraud in border regions, the Special Investigation Unit is actively engaged in control work across the country, not just in border regions. Clearly, however, the border regions have the additional risk of people living in another jurisdiction claiming benefits in this country and activities in these areas incorporate measures to combat this. These measures include stronger preventative measures at claim stage in the case of people with a former address in Northern Ireland which involves a home visit in all such cases and a series of residency checks, during the lifetime of the claim. The Department also engages in multi-agency vehicle checkpoints with other agencies, including the Gardaí and Revenue Commissioners. These checkpoints can identify people travelling from across the border to claim in this jurisdiction.

I am committed to ensuring that effective controls against possible abuses of the Social Welfare system are in place. This issue is kept under constant review and additional measures will be implemented where required.

Social Welfare Benefits.

Michael Ring

Ceist:

361 Deputy Michael Ring asked the Minister for Social and Family Affairs if she will provide a full breakdown of the increased income from holding; and the capital they refer to for a person (details supplied) in County Mayo. [25202/09]

The person concerned is in receipt of a farm assist payment at the weekly rate of €255.90. This payment includes an increase in respect of a qualified adult and child, less weekly means of €110.00.

The means of the person concerned are derived from income from a holding and capital. She has a gross annual income from a holding of €29,054.00, less expenses of €21,254.00 giving a net yearly income of €7,800.00. This figure is reduced by a child disregard of €254.00 leaving a balance of €7,546.00. This amount is then assessed at 70%, giving an annual means of €5,282.20. Accordingly, her weekly means, derived from farm income, are assessed at €101.58. She has also been assessed with a bank deposit (capital value) of €28,759.92, €20,000.00 of which is disregarded and the balance assessed at a weekly rate of €1.00 per thousand euro, rounded down to the nearest thousand. This results in a weekly means derived from capital of €8.00.

These two means assessments combined result in weekly means of €109.58, rounded to €110.00.

Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed no role in regard to making such decisions.

Departmental Properties.

Aengus Ó Snodaigh

Ceist:

362 Deputy Aengus Ó Snodaigh asked the Minister for Defence the number of groups that are using the military football grounds in the Phoenix Park; the way other local clubs looking for training or match pitches can apply to avail of them; and if he will make a statement on the matter. [24591/09]

My Department has authorised one club to use the Military facilities located at the Phoenix Park. Any club wishing to avail of these facilities can submit an application to the Property Management Branch of my Department who will, following consultation with the Military authorities, allow or deny access to the facility. It should be noted that the use of any facility or property owned by my Department is subject to the military requirements for the facility in question.

Pat Breen

Ceist:

363 Deputy Pat Breen asked the Minister for Defence if he will distinguish between and outline the rationale for the presence of both the red zones and the restricted area in the immediate vicinity of Baldonnel Aerodrome, County Dublin; and if he will make a statement on the matter. [24782/09]

The rationale behind the presence of red zones and the restricted area is one of flight safety and the safeguarding of members of the public in the vicinity of the Aerodrome. This is in line with international practice at all airports.

Question No. 364 answered with Question No. 59.

Departmental Expenditure.

Terence Flanagan

Ceist:

365 Deputy Terence Flanagan asked the Minister for Defence the number of press conferences and policy launches which were held by him in 2007, 2008 and to date in 2009; the cost of hosting each one; if he will provide the information in tabular form; and if he will make a statement on the matter. [24903/09]

The press conferences and policy launches held by my Department in 2007, 2008 and to date in 2009 were as follows:

Date

Event

Cost

29th March 2007

Review of the 35th Infantry Group KFOR leaving for peacekeeping duties in Kosovo

NIL

5th April 2007

Launch by Minister O’Dea of two reports regardingThe issues affecting the recruitment and retention of women in the Defence Forces A review of the Implementation of the White Paper

NIL

18th April 2007

Review of the 36th Infantry Group leaving for peacekeeping duties with UNIFIL

NIL

24th April 2007

Opening of the National Emergency Co-ordination Centre

2,327.20 plus VAT

18th July 2007

Launch of the 2006 Annual Report

NIL

21st September 2007

Swearing in Ceremony for the Military Judge Colonel Anthony McCourt

552.00 plus VAT

27th March 2008

Review of the 38th Infantry Group KFOR leaving for peacekeeping duties in Kosovo

NIL

14th April 2008

Joint launch by An Taoiseach, Bertie Ahern, T.D. and Minister O’Dea of the Public Information and Awareness Campaign on Emergency Planning

7,744.96 plus VAT

1st May 2008

Review of the 97th Infantry Battalion leaving for duty in Chad

NIL

26th June 2008

Ceremony to mark the 50th Anniversary of the Defence Force’s Involvement in Peacekeeping

800.00 plus VAT

25th September 2008

Review of the 39th Infantry Group KFOR leaving for peacekeeping duties in Kosovo

NIL

17th December 2008

Minister O’Dea accepts the Second Report of the Independent Monitoring Group

250.00

14th January 2009

Review of the 99th Infantry Battalion leaving for duty in Chad

NIL

2nd April 2009

Review of the 40th Infantry Group KFOR leaving for peacekeeping duty in Kosovo

NIL

14th May 2009

Review of the 100th Infantry Battalion leaving for peacekeeping duty in Chad

NIL

27th May 2009

Ceremony to mark the donation of an Alouette III to the Ulster Aviation Society and the launch of “The Irish Air Corps — An Illustrated Guide”

NIL

29th May 2009

Ceremony to mark International Day of the UN Peackeepers

NIL

11th June 2009

Minister O’Dea awards distinguished service medal to Lt. Gen. Pat Nash

NIL

Departmental Advertising.

Leo Varadkar

Ceist:

366 Deputy Leo Varadkar asked the Minister for Defence if agencies, boards, quangos or other bodies within the remit of his Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by his Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, on-line advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if he will make a statement on the matter. [24967/09]

Leo Varadkar

Ceist:

367 Deputy Leo Varadkar asked the Minister for Defence if his Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by his Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if he will make a statement on the matter. [24982/09]

I propose to take Questions Nos. 366 and 367 together.

The relevant bodies within the remit of my Department are the Civil Defence Board, the Board of Coiste an Asgard and the Army Pensions Board. No advertising campaigns to promote the policies or programmes of these bodies or of my Department have been carried out during the first six months of 2009.

Departmental Contracts.

Caoimhghín Ó Caoláin

Ceist:

368 Deputy Caoimhghín Ó Caoláin asked the Minister for Defence the position in regard to the Defence Forces food supply contract which was awarded to a company (details supplied), if it has been ascertained if the products to be supplied will be produced and processed on the island of Ireland and not imported; if he has a policy to source products produced on the island of Ireland; and if he will make a statement on the matter. [25020/09]

The Defence Forces are obliged to carry out the procurement of food products in an open and transparent manner and in line with National and EU Public Procurement Guidelines. The Defence Forces have absolutely no discretion in this regard.

The previous contract for the provision of fresh poultry products for the Defence Forces expired on 31 May 2009. In anticipation of this deadline, an open tender competition was advertised on the Department of Finance's e-tenders website and published in the Official Journal of the European Union in February 2009.

The tender documentation indicated that the contract would run over a period of two years and that a potential tenderer could tender for any or all of the 18 Defence Forces locations throughout the State. The closing date for the receipt of tenders was 7 May 2009.

A total of nine tenders were received and a three person Defence Forces Evaluation Team evaluated the tenders. The contract was subsequently awarded to Crossgar Food Products, County Down on the basis of cost. The contract value is in the region of €350k over two years.

All poultry products provided by Crossgar Food Products under the contract are produced on the island of Ireland. The chickens are reared by individual poultry farmers in Northern Ireland. When ready for slaughter they are then processed by O'Kane Poultry, based in Northern Ireland, who have Board Bia certification. I am advised that the Defence Forces are fully satisfied that the poultry products from Crossgar Food Products are fully certified in all respects and that the products meet the required Irish, English and EU specifications.

Question No. 369 answered with Question 46.

Decentralisation Programme.

Jimmy Deenihan

Ceist:

370 Deputy Jimmy Deenihan asked the Minister for Defence if the planned decentralisation of Defence Forces headquarters to the Curragh, County Kildare will proceed as planned; the progress that has been made on the new building to house the headquarters in the Curragh Camp; and if he will make a statement on the matter. [25225/09]

The Government decision on decentralisation provides for the transfer of the Department's Dublin-based civil service staff, together with a number of military personnel, to Newbridge, Co. Kildare and for the decentralisation of the Defence Forces Headquarters (DFHQ) to the Curragh.

The number to be relocated to Newbridge is approximately 200 civil service posts together with some 60 military personnel. A further approximately 410 military personnel are to decentralise to the new Defence Forces Headquarters (DFHQ) building in the Curragh.

While the procurement of the new building at the Curragh is a matter for the OPW in the first instance, I wish to inform the Deputy that a state owned site has been chosen for a new building. In April 2009, the OPW received Expressions of Interest from contractors who wish to be invited to tender for the project, and these applications are currently being evaluated by the OPW. The OPW hope to be in a position to proceed to tender in July 2009 with the expectation that work can commence on the project in the first quarter of 2010. It is estimated that the project will take approximately 18 months to complete.

Defence Forces Training and Equipment.

Bernard J. Durkan

Ceist:

371 Deputy Bernard J. Durkan asked the Minister for Defence if he is satisfied that all Irish troops based at home or abroad including the Naval Service and Air Corps are trained to the highest international standards; that the same degree of modern technology is made available to them as is available to other armies worldwide; and if he will make a statement on the matter. [25231/09]

I am satisfied that each of the services, Army, Air Corps and Naval Service are fully equipped to meet the roles assigned to them by Government.

On the issue of training, I am satisfied that military training techniques are up to date in all respects. Defence Forces training plans are structured to provide the capabilities needed to execute the roles assigned to them by Government under the White Paper on Defence of February 2000. The challenges of preparing military units for participation in overseas missions constitute the major dimension of Defence Forces collective training. The primary focus of this training is the attainment of a capability for military interoperability in order to conduct overseas operations to international standards.

Significant investment has taken place in recent years across all facets and elements of the Defence Forces. This investment has been assisted by pay savings arising from the reduction in the strength of the Permanent Defence Force in the context of the White Paper of 2000, which have been fully re-invested in the provision of equipment and infrastructure for the Defence Forces. The level of investment has ensured that Defence Force's personnel have the most modern and effective range of equipment to carry our their day-to-day roles both at home and overseas and for training purposes.

Defence Forces Strength.

Bernard J. Durkan

Ceist:

372 Deputy Bernard J. Durkan asked the Minister for Defence the strength of the Army, Naval Service and Air Corps reserve; if same has increased, decreased or remained the same in each of the past five years to date in 2009; and if he will make a statement on the matter. [25232/09]

The strength of the Army and Naval Service Reserve over the past five years is set out in the tabular statement under:

Army Reserve Officers

Naval Service Reserve Officers

Army Reserve NCOs

Naval Service Reserve NCOs

Army Reserve Privates

Naval Service Reserve Seamen

Total Army Reserve

Total Naval Service Reserve

2004

693

26

2,908

77

8,769

294

12,370

397

2005

662

26

2,665

75

7,098

307

10,425

408

2006

658

24

2,478

75

5,637

262

8,773

361

2007

654

22

2,287

73

5,155

217

8,096

312

2008

621

24

2,060

68

4,699

199

7,380

291

At 30/4/09

614

21

1997

68

4,558

203

7,169

292

In the five-year period 2004 to date in 2009, the strength of the Army and Naval Reserves (there are no reservists serving with the Air Corps) decreased from 12,767 on 31 December 2004 to 7,461 on 30 April 2009.

This decline in numbers coincides with the launch of the Reserve Defence Force Review Implementation Plan which was formally launched in July 2004 and provides for the phased enhancement of Reserve capabilities over the period to the end of 2009.

The plan sets out the proposed establishment of the Reserve. The establishment of the Non-Integrated element of the Reserve was set at 9,692. This establishment came into force in October 2005 when the Reserve was re-organised.

In addition, the plan provides for the development of an Integrated element of the Army Reserve with a proposed establishment of 2,656 personnel. In line with the plan, a pilot Integration project was initiated in 2007 and whilst numbers participating were less than expected, valuable lessons were learned.

I have previously acknowledged that numbers in the Reserve have declined over recent years. This trend in reduced volunteerism is not confined to the Reserve but is indicative of broader societal trends. It should also be noted that, as part of the implementation process, a more rigorous approach is now taken to removing the names of non-effective personnel from Unit rolls. This accounts for part of the apparent fall in numbers over recent years.

In the context of the Government decision on the implementation of savings measures on public service numbers and the reduced budgetary provision available for 2009, all recruitment to the Reserve Defence Force (RDF) was suspended. Following a subsequent review and examination of RDF personnel numbers and budgets for 2009, I was satisfied that there is sufficient provision to allow for paid training for existing members of the Reserve this year.

Accordingly, on 19 May last I announced that limited recruitment to fill vacancies arising due to existing Reserve members resigning, or being discharged this year in the normal manner could proceed. The numbers recruited will depend on the numbers leaving. This limited recruitment will be monitored and kept under review in the light of the uptake of paid training within the RDF and the future budgetary provision.

Question No. 373 answered with Question No. 32.

Overseas Missions.

Bernard J. Durkan

Ceist:

374 Deputy Bernard J. Durkan asked the Minister for Defence the position in regard to the development and participation in EU or UN sponsored RAPID response forces; and if he will make a statement on the matter. [25235/09]

Bernard J. Durkan

Ceist:

385 Deputy Bernard J. Durkan asked the Minister for Defence the discussions he has had with his UN or EU colleagues in the matter of participation by Irish personnel in battlegroups or rapid response forces at various locations in Europe or elsewhere; and if he will make a statement on the matter. [25246/09]

I propose to take Questions Nos. 374 and 385 together.

Ireland participated in the Nordic Battlegroup (NBG), which was on standby from 1 January 2008 to 30 June 2008. The other members of the Nordic Battlegroup were Sweden, acting as Framework Nation, Finland, Norway and Estonia. The Defence Forces contribution to the NBG was an Explosive Ordnance Disposal and Improvised Explosive Device Disposal (EOD/IEDD) contingent with its own security detail. Battlegroups have been on standby in the European Union since 1 January 2007. To date no Battlegroup has been deployed.

With regard to Ireland's participation in future Battlegroups, we are committed in principle to participation in the Nordic Battlegroup (NBG), which will be on stand-by for the first six (6) months of 2011. Other contributors to the Nordic Battlegroup are Sweden, acting as Framework Nation, Finland, Norway and Estonia.

Informal discussions have also taken place between staff in the Department of Defence and representatives from Austria, Germany, Czech Republic, Croatia and the Former Yugoslav Republic of Macedonia (FYROM) regarding Ireland's possible participation in the proposed Austrian/German Battlegroup. This Battlegroup will be on stand-by for the second six (6) months of 2012. Government approval will be required before participation in either Battlegroup is finalised.

There are no proposals at this time to participate in any other battlegroup or rapid response forces. Among the objectives of the EU battlegroup is to be able to respond in support of a UN mission, to act as an initial entry force or to reinforce an existing mission. While no battlegroup has been deployed to date, all ESDP military missions launched by the European Union have been in support of the UN and under a UN mandate.

Defence Forces Personnel.

Bernard J. Durkan

Ceist:

375 Deputy Bernard J. Durkan asked the Minister for Defence the number of women promoted in the Defence Forces in the past 12 months by rank; and if he will make a statement on the matter. [25236/09]

Bernard J. Durkan

Ceist:

387 Deputy Bernard J. Durkan asked the Minister for Defence if the number of women in the army has increased or decreased over the past five years by rank; and if he will make a statement on the matter. [25248/09]

I propose to take Questions Nos. 375 and 387 together.

A breakdown of the number of female personnel promoted in the Defence Forces in the past twelve months by rank is set out in the tabular statement under:

Rank

Number

Commandant to Lieutenant Colonel

1

Captain to Commandant

3

Lieutenant to Captain

6

2nd Lieutenant or Ensign to Lieutenant or Sub Lieutenant

11

Corporal to Sergeant

8

Private to Corporal

16

Furthermore, the numbers of female personnel serving in the army over the past five years by rank is set out in the tabular statement under:

Army — Strength of Females by Rank

31/12/04

31/12/05

31/12/06

31/12/07

31/12/08

LT COL

1

1

1

1

1

COMDT

14

16

14

18

21

CAPT

35

38

43

44

48

LT

33

33

41

40

41

TOTAL OFFRS

83

88

99

103

111

SM

0

0

0

0

0

BQMS

0

0

0

0

0

CS

2

3

3

3

3

CQMS

1

1

1

1

1

SGTS

10

10

15

23

32

CPLS

100

103

104

102

108

TOTAL NCOS

113

117

123

129

144

PTES

220

225

224

216

200

CADETS

18

18

9

8

13

TOTAL

434

448

455

456

468

In the five year period 2004 — 2008 inclusive, the strength of female personnel in the army grew from 434 on 31 December 2004 to 468 on 31 December 2008. This constitutes an increase of 7.8% in the number of females serving over this period.

The Government is committed to a policy of equal opportunity for men and women throughout the Defence Forces and to the full participation by women in all aspects of Defence Forces activities. Unlike many other national armed forces, the Defence Forces have no restrictions as regards the assignment of men or women to the full range of operational and administrative duties. All promotions and career courses are open to both genders on merit.

Overseas Missions.

Bernard J. Durkan

Ceist:

376 Deputy Bernard J. Durkan asked the Minister for Defence if further requests have been received for the deployment of more Irish troops on various EU or UN peace keeping or peace-enforcement missions; and if he will make a statement on the matter. [25237/09]

Bernard J. Durkan

Ceist:

377 Deputy Bernard J. Durkan asked the Minister for Defence the number of locations to which members of the Defence Forces are currently deployed on overseas missions; the degree to which such missions are likely to continue; if increased participation is likely to be required, the degree to which discussions have taken place with his EU or UN colleagues in this regard; and if he will make a statement on the matter. [25238/09]

Bernard J. Durkan

Ceist:

383 Deputy Bernard J. Durkan asked the Minister for Defence the number of locations at which the Defence Forces are currently serving overseas; the number of personnel involved and the number required in the future; and if he will make a statement on the matter. [25244/09]

I propose to take Questions Nos 376, 377 and 383 together.

Ireland has offered, through the UN Standby Arrangements System (UNSAS), to provide up to 850 military personnel for overseas service at any one time. This figure equates to some 10% of Ireland's standing Army (excluding Reserves) and demonstrates Ireland's commitment to the cause of international peace. This is the maximum sustainable commitment that Ireland can make to overseas peacekeeping operations.

Ireland is currently contributing 759 Defence Forces personnel to 13 different missions throughout the world. Full details of all personnel currently serving overseas are listed in the tabular statement below.

The main overseas missions, in which Defence Forces personnel are currently deployed, are the United Nations Mission in the Central African Republic and Chad (MINURCAT) with 418 personnel, the NATO-led International Security presence (KFOR) in Kosovo with 239 personnel and the EU-led operation in Bosnia and Herzegovina, ALTHEA, with 44 personnel. Other personnel are serving as monitors and observers with the United Nations and the Organisation for Security and Cooperation in Europe (OSCE). Staff are also deployed at the organisational headquarters of the EU, OSCE and NATO.

The commitment to MINURCAT will be for an initial period of 1 year to 14 March 2010. Subject to the renewal of the mandate, a satisfactory review of the mission and available resources, I would propose, subject to Government approval, to extend the Defence Forces participation on a year to year basis thereafter. Participation by the Defence Forces in the NATO-led International Security presence (KFOR) in Kosovo is reviewed by the Government on an annual basis. Later this Month, I propose to bring proposals to Government to extend the Defence Forces participation in this mission for a further twelve months from July 2009.

EUFOR's Operation "ALTHEA" in Bosnia and Herzegovina is expected to change from its current configuration of some 2,200 troops, to a support and training operation, which will involve some 200 military personnel. The timelines for the transition to a training operation and the subsequent drawing-down of the Operation ALTHEA Force will be discussed at the next Peace Implementation Council meeting, scheduled to take place in late June 2009. Once agreed, the transition should take approximately six (6) to nine (9) months to complete. Irish troops will continue to serve in Bosnia and Herzegovina until the current Government approval expires in December 2009.

With regard to future deployments, Ireland receives requests, from time to time, in relation to participation in various missions and these are considered on a case-by-case basis. In response to a recent request from the European Union, the Government approved the deployment of two (2) naval service personnel, for a period of up to 6 months, to the Operational Headquarters (based in Northwood in the UK) of the EU-led anti-piracy operation Atalanta off the coast of Somalia.

Members of the Permanent Defence Force Serving Overseas as of 12 JUNE 2009

UN Missions

Number

1.

UN Missions

(i)

UNIFIL (United Nations Interim Force in Lebanon) HQ

8

(ii)

UNTSO (United Nations Truce Supervision Organisation) — Israel, Syria and Lebanon

12

(iii)

MINURSO (United Nations Mission for the Referendum in Western Sahara)

3

(iv)

MONUC (United Nations Mission in Democratic Republic of Congo)

3

(v)

UNOCI (United Nations Mission in Ivory Coast)

2

(vi)

MINURCAT (United Nations Mission in the Central African Republic and Chad) — HQ

13

MINURCAT (United Nations Mission in the Central African Republic and Chad) — 100th Inf Battalion

405

TOTAL

446

UN Mandated Missions

(vii)

EUFOR (EU-led Operation in Bosnia and Herzegovina)

44

(viii)

EUFOR TCHAD/RCA (EU-led Operation in CHAD and the Central African Republic) OHQ — Paris

1

(ix)

EUNAVFOR (EU-led Operation Atalanta) OHQ — UK

2

(x)

KFOR (International Security Presence in Kosovo) — HQ

18

KFOR (International Security Presence in Kosovo) 40th Inf Group

221

(xi)

ISAF (International Security Assistance Force in Afghanistan)

7

TOTAL NUMBER OF PERSONNEL SERVING WITH UN MISSIONS

293

2.

Organisation for Security and Co-operation in Europe (OSCE)

(i)

OSCE Mission to Bosnia & Herzegovina

2

(ii)

OSCE Mission in Belgrade — Serbia

1

(iii)

Staff Officer, Higher Level Planning Group, Vienna

1

TOTAL NUMBER OF PERSONNEL SERVING OSCE

4

3.

EU Military Staff

Brussels

7

4.

Military Representatives/Advisers/Staff

(i)

Military Adviser, Permanent Mission to UN, New York

1

(ii)

Military Adviser, Irish Delegation to OSCE, Vienna

1

(iii)

Military Representative to EU (Brussels)

4

(iv)

Liaison Office of Ireland, NATO/PfP (Brussels)

2

(v)

Military Representative to NATO/PfP Co-ordination Cell/Supreme Headquarters Allied Powers Europe (SHAPE), Mons. Belgium

1

TOTAL NUMBER OF DEFENCE FORCES PERSONNEL SERVING OVERSEAS

759

Question No. 378 answered with Question No. 48.

Army Barracks.

Bernard J. Durkan

Ceist:

379 Deputy Bernard J. Durkan asked the Minister for Defence the extent to which all military installations decommissioned in 1998 and 2008 have been disposed of; if not, their current use and associated cost; if they have been disposed of, the net receipts if accounts have been closed in all cases; and if he will make a statement on the matter. [25240/09]

I would refer the Deputy to his previous question of 10th March 2009 which stated that "a Government decision, on 15 July 1998, approved a programme of closure and disposal of six barracks considered surplus to military requirements. The barracks in question were located at Ballincollig, Fermoy, Naas, Castleblayney, Kildare, and Islandbridge, Dublin.

Five of these properties have been disposed of with net receipts as follows: Murphy Barracks, Ballincollig €44.5 million, Fitzgerald Camp, Fermoy €973,889, Devoy Barracks, Naas €9.3 million, Castleblayney Barracks €761,843, and Clancy Barracks, Islandbridge €25.4 million.

The Government decided on 1 July 2003 that Magee Barracks, Kildare would be among the State lands released to Kildare County Council for inclusion in the Sustaining Progress Affordable Housing Initiative. My Department is currently finalising contracts with the Chief State Solicitor's Office. There is no financial consideration in relation to the transfer of this property.

The Government decision of 14 October 2008 approved a programme for consolidation of Defence Forces formations and the closure of a further four barracks at Monaghan, Longford, Rockhill and Lifford in Donegal. It is anticipated that these barracks, which closed in January 2009, will be disposed of, taking account of market conditions, so as to maximise the return to the Defence Forces and generate funding for reinvestment in Defence Forces equipment and infrastructure in accordance with Government policy."

Question No. 380 answered with Question No. 81.

National Emergency Plan.

Bernard J. Durkan

Ceist:

381 Deputy Bernard J. Durkan asked the Minister for Defence if he is satisfied that the national emergency plan is capable of dealing with all emergencies that may arise; and if he will make a statement on the matter. [25242/09]

Emergency planning in this country is developed on the ‘lead department' principle. This means that each department is responsible for planning for emergencies that fall within its area of responsibility. National emergency plans are in place for a number of specific emergency scenarios such as a nuclear incident or an influenza pandemic.

The Framework for Major Emergency Management is the document that sets out a structure enabling the Principal Response Agencies (An Garda Síochána, the Health Service Executive and Local Authorities) to prepare for, and make a coordinated response to, major emergencies resulting from events such as fires, transport accidents, hazardous substance incidents and severe weather. As Chairman of the Government Task Force on Emergency Planning I receive regular updates from the National Steering Group on progress made in the implementation of the Framework.

The Government Task Force for Emergency Planning supports coordination of emergency planning across departments and key agencies. The Task Force, which I chair, meets on a regular basis and there have been 60 meetings held since it was established in 2001. It provides a forum for sharing information and keeping emergency planning high on the agenda of all government departments.

In my role as Chairman of the Government Task Force on Emergency Planning, I make an Annual Report to Government on Emergency Planning. The Report outlines the progress made across a range of emergency planning issues and identifies any areas where emergency plans can be further developed.

Defence Forces Equipment.

Bernard J. Durkan

Ceist:

382 Deputy Bernard J. Durkan asked the Minister for Defence if he is satisfied that the Permanent Defence Force is sufficiently equipped in terms of military hardware to deal with all or likely eventualities in the event of a terrorist attack or natural disaster; and if he will make a statement on the matter. [25243/09]

The most important defence against any terrorist attack is detection and prevention by the security forces. While an Garda Síochána have the primary responsibility for law and order, one of the roles assigned to the Defence Forces is the provision of aid to the civil power, meaning in practice to assist, when requested, an Garda Síochána. The various components of the Defence Forces are active in this regard, providing such assistance as is appropriate in specific circumstances.

The capacity of the Defence Forces to deal with major emergencies is kept under constant review. Plans and procedures are updated as necessary and such additional equipment as is required to address any perceived deficiencies is acquired on the basis of identified priorities. Training and preparation for such events is also provided for in the Defence Forces Annual Training Plan.

Question No. 383 answered with Question No. 376.
Question No. 384 answered with Question No. 81.
Question No. 385 answered with Question No. 374.

Bernard J. Durkan

Ceist:

386 Deputy Bernard J. Durkan asked the Minister for Defence if he will indicate the extent to which all members of the Defence Forces will be issued with the necessary protection in the event of a gas or chemical attack; and if he will make a statement on the matter. [25247/09]

The Defence Forces have available to them equipment for monitoring and protecting their members in dealing with Nuclear, Biological or Chemical (NBC) threats should such arise. They hold an extensive range of modern NBC equipment that meets their current requirements. This range includes NBC suits and a sufficient stock of Respirators for each individual soldier. They also have the most technologically up to date Chemical Agent Monitors and Defence Forces personnel have been trained on their operation. Other equipment on hand includes Biological Agent Detector and Screening Kits, Group Decontamination Equipment and Personal Decontamination Equipment. The requirement for additional NBC equipment is kept under continuous review by the Defence Forces. A programme for the purchase of NBC equipment is ongoing and whatever equipment deemed necessary is purchased expeditiously to meet the changing requirements.

Question No. 387 answered with Question No. 375.

Air Corps Strength.

Bernard J. Durkan

Ceist:

388 Deputy Bernard J. Durkan asked the Minister for Defence his plans to increase the strength of the Air Corps; his further plans to upgrade or replace equipment including air craft; and if he will make a statement on the matter. [25249/09]

There are no plans to increase the strength of the Air Corps. The saving measures on public service numbers, introduced on 27 March 2009 are being implemented in the Permanent Defence Forces.

I am in contact with my colleague, the Minister for Finance about the implications of the measures for the Permanent Defence Force. My focus is on the ongoing operational capability of the Defence Forces. My officials and the military authorities are keeping the situation under close review on an ongoing basis.

There is no provision in this year's Air Corps subhead for the purchase of aircraft. However this has to be seen in the context of the very significant investment in new equipment for the Air Corps in recent years, including:

The delivery of eight Pilatus training aircraft at a total cost of €60m, inclusive of VAT.

Two light utility EC 135 helicopters acquired from Eurocopter S.A.S. at a cost of €12.8m, inclusive of VAT.

Six utility AW 139 helicopters acquired from AgustaWestland, Italy at a cost of €75m inclusive of VAT.

A major mid life upgrade on the two Casa maritime patrol aircraft, at a cost of €16.5m.

This comprehensive investment programme cost over €160m, far exceeding any previous level of expenditure on such equipment for the Air Corps. The funding allocated to the Air Corps for 2009 is sufficient for day-to-day operations and will not affect its operational capability.

Defence Forces Equipment.

Bernard J. Durkan

Ceist:

389 Deputy Bernard J. Durkan asked the Minister for Defence the extent to which the technology and equipment for the Air Corps has been upgraded in line with modern military requirements with a view to benefiting to the maximum possible extent from service overseas with the EU and UN; and if he will make a statement on the matter. [25250/09]

As the Deputy is aware, a very significant level of investment in new equipment for the Air Corps has taken place in recent years. The comprehensive investment programme included the delivery of eight Pilatus training aircraft at a total cost of €60m, the acquisition of two light utility EC 135 helicopters from Eurocopter S.A.S. at a cost of €12.8m, the acquisition of six utility AW 139 helicopters from AgustaWestland, Italy at a cost of €75m and a major mid life upgrade on the two CASA maritime patrol aircraft at a cost of €16.5m. The White Paper on Defence published in February 2000 outlined, "the Government have decided that the State will not seek to commit Air Corps equipment resources to an overseas operation. In a situation where there are many demands on resources it would not be reasonable to participate beyond the domestic context".

Defence Forces Accommodation.

Bernard J. Durkan

Ceist:

390 Deputy Bernard J. Durkan asked the Minister for Defence if all military quarters are up to international standards; his plans to address outstanding issues; and if he will make a statement on the matter. [25251/09]

There are currently no minimum international or national standards for military accommodation. However, all accommodation provided is measured against standards established by the Defence Forces in 1992. My Department is currently finalising a report to establish a ‘desirable standard' to be applied across the Defence Forces.

Proposed Legislation.

Caoimhghín Ó Caoláin

Ceist:

391 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government his plans to initiate legislation in order to allow flexibility for people who have fixed rate local authority housing loans to switch to an alternative product with lower interest rates; and if he will make a statement on the matter. [24641/09]

Dinny McGinley

Ceist:

393 Deputy Dinny McGinley asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that many mortgage holders with local authorities are being charged interest rates in excess of 10%; his views on amending regulations in order that such mortgage holders can avail of current interest rates; and if he will make a statement on the matter. [25253/09]

Caoimhghín Ó Caoláin

Ceist:

402 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that 242 customers of Donegal County Council are repaying housing loans at rates in excess of 10%, a rate higher than those charged by sub-prime lenders; and if he will make a statement on the matter. [24637/09]

Caoimhghín Ó Caoláin

Ceist:

403 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the breakdown of the rates of mortgage interest being paid by the 973 mortgage holders who are customers of Donegal County Council; and if he will make a statement on the matter. [24638/09]

Caoimhghín Ó Caoláin

Ceist:

404 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government the regulations or law which prevent a local authority from having the facility to offer customers on high rates of interest the option to transfer a reduced rate product in line with current market interest rates. [24639/09]

Caoimhghín Ó Caoláin

Ceist:

405 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if members of his Department have met with officials from the Department of Finance on the issue of fixed rate local authority loans; and the details of these meetings. [24640/09]

I propose to take Questions Nos. 391, 393 and 402 to 405, inclusive, together.

The applicable interest rate paid by local authority borrowers on fixed rates is set by reference to prevailing fixed interest rates at the time of loan draw down. The rate for 5 year fixed term loans will be reduced from 5.5% to 4.4% as of 1 July, while the variable rate charged to borrowers is currently 2.25%. The loans in respect of which interest rates in excess of 10% apply were issued by local authorities prior to 1991 and reflect the long-term costs of the funds to the Housing Finance Agency (HFA) prevailing at the time these loans were advanced. Rates were fixed for the life of the loan (generally 25 — 30 years). The introduction of variable interest rates for local authority mortgages provided borrowers with increased flexibility and choice.

Borrowers with these long term fixed rate local authority mortgages, which are no longer available, are permitted to redeem such loans without any interest rate penalty and refinance them in the private sector. This represents a significant concession, having regard to the redemption penalties (of up to six months interest or more), applied by commercial lending agencies in the event of early redemption of such mortgages. In 2001, the position regarding high fixed interest rates on local authority loans was reviewed in consultation with the Department of Finance. This review determined that a State subsidy to reduce such interest rates would not be appropriate.

Local authorities may allow borrowers with shorter 5-year fixed rate mortgages to redeem early, or convert to a variable rate within the fixed 5-year period. However, in line with practice in the private sector, the HFA requires that it must be compensated for any losses it may suffer through prepayment of or conversion from a fixed loan. Breakage costs incurred by the Agency will therefore be charged to local authorities, who, in turn will charge the borrowers wishing to redeem or convert. My Department will be issuing further guidance to local authorities on this issue in the coming days.

Planning Issues.

James Reilly

Ceist:

392 Deputy James Reilly asked the Minister for the Environment, Heritage and Local Government if he has resolved the issue whereby approximately €73 million in development levies were collected by Fingal County Council from developers and builders and a letter issued from his Department under instruction from him instructing Fingal County Council to maintain the balance in its accounts at the time of the said letter and to have the same balance in its accounts at the year end, effectively freezing €73 million in development levies, €50 million plus of which Fingal County Council has contracted infrastructural works and community facilities; and if he will make a statement of clarification on the matter and communicate same to Fingal County Council in order that they may proceed with their plans. [24786/09]

Leo Varadkar

Ceist:

417 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the reason Fingal County Council may not spend the €70 million which it has collected from development levies on capital projects in the county; and if he will make a statement on the matter. [25095/09]

I propose to take Questions Nos. 392 and 417 together.

In February 2009, my Department set out details of the financial requirements for local authorities relating to the overall management of their capital and current accounts. These arise from the requirements for Government finances as a whole to be managed in accordance with the Stability and Growth Pact established under the Maastricht Treaty, and the associated limitation on budget deficits. This is not a new requirement for 2009, but current economic and budgetary considerations require all sectors, including local authorities, to ensure effective control and management of public finances.

In order to stay within the overall limit for the General Government Balance, it is necessary for local authorities to manage their finances and to maintain their current and capital accounts broadly in balance for 2009. Within this general requirement, there is capability for borrowing by local authorities for capital infrastructure. To achieve the objective of the aggregate change in the General Government Balance, my Department is issuing loan sanctions allocated for capital projects on a prioritised basis.

Development contributions have been an important addition to the capital funding resource of local authorities but they are only one element. Local authorities generate capital income from a variety of sources. The only restriction on local authorities is that in aggregate capital income equal capital expenditure in the year. There is no restriction on Councils spending Development Contributions as balance is only required at an overall level. These requirements do not conflict with the continuing emphasis on capital investment in necessary infrastructure critical to economic recovery and sustaining the economy at local level. The Government and local authorities will continue to progress capital investment projects that can maximise economic, social and environmental returns. Accordingly, the prioritisation of investment opportunities, and targeting of available resources to labour intensive activity and the support of economic recovery, will continue to be the key focus of capital expenditure in the local government sector.

My Department will continue to work closely with local authorities, including Fingal County Council, to ensure that within the overall financial limits to be met, decisions on these matters are taken in a way which gives the necessary prioritisation to environmental, economic and social infrastructure as part of the overall contribution to economic recovery.

Question No. 393 answered with Question No. 391.

Richard Bruton

Ceist:

394 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the request by Dublin Port for permission to fill in 52 acres of Dublin Bay as a strategic infrastructure of national importance; if his Department, which is currently engaged in strategic planning exercises for the bay and port, has made a submission to the board or has sought the port to postpone consideration until his strategic planning exercises are complete and can inform the decision of the board; and if he will make a statement on the matter. [24397/09]

As Minister for the Environment, Heritage and Local Government, I am precluded, under section 30 of the Planning and Development Act, 2000, from exercising any power or control in relation to any individual planning application or appeal with which a planning authority or An Bord Pleanála is or may be concerned. My Department understands that Dublin Port Company made an application to An Bord Pleanála in August 2008 under the Strategic Infrastructure Act for the development concerned. As a statutory consultee under Article 213(1)(a) of the Planning and Development Regulations 2006, the National Parks and Wildlife Service (NPWS) of my Department made a submission to the Board in relation to the potential implications of the proposal for the designated bird habitats in Dublin Bay.

In relation to strategic planning exercises on Dublin Bay, I take it the question refers to the Dublin Port Study provided for under the National Development Plan and the work of the Dublin Bay Task Force. I understand that the Minister for Transport has recently received the Port Study and hopes to be in a position to publish its findings in the near future. I have recently received an update report from the Dublin Bay Task Force. In accordance with Section 26 of the Strategic Infrastructure Act 2006, an Bord Pleanála is required to have regard to the policies and objectives of the Government, a State authority, the Minister, planning authorities and any other public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns or other areas, whether urban or rural.

Social and Affordable Housing.

Andrew Doyle

Ceist:

395 Deputy Andrew Doyle asked the Minister for the Environment, Heritage and Local Government his plans to review the clawback condition on the affordable housing scheme; and if this will be applied retrospectively; and if he will make a statement on the matter. [24467/09]

Houses sold to first time buyers under the various affordable housing schemes at a significant discount from market value contain a clawback provision, in order to prevent short-term profit taking on the resale of the house, to the detriment of the objectives of the schemes.

As signalled by the Minister for Finance in Budget 2009, a new single streamlined scheme is to be introduced in relation to the sale of affordable housing. Under this new arrangement the purchase transaction will be largely unchanged from the affordable purchaser's perspective. However, instead of units being sold at a discounted price, with the value of the discount being subject to a reducing clawback, the State will take an equity stake in affordable units sold. The purchaser will have the option of either buying out this equity in steps or at the end of a fixed period.

It is intended to apply the new arrangement to affordable housing delivered under Part V, the 1999 Affordable Housing Scheme and the Affordable Housing Initiative, once the details have been finalised and the necessary legislative provision has been introduced through the Housing (Miscellaneous Provisions) Bill 2008 currently before the Oireachtas. In addition, the Bill makes provision to facilitate arrangements under which a local authority could agree to its clawback charge ranking in second place behind a new or topped-up mortgage charge, thereby facilitating persons in affordable housing wishing to re-mortgage with a private lender.

Proposed Legislation.

Pádraic McCormack

Ceist:

396 Deputy Pádraic McCormack asked the Minister for the Environment, Heritage and Local Government if there are plans to introduce legislation to have the qualification age for presidential candidates lowered from 35 years to 21 years; and if he will make a statement on the matter. [24483/09]

Article 12.4.1 of the Constitution provides that a citizen must be 35 years of age to be eligible for election to the office of President. A lowering of the qualification age would require a constitutional amendment and there are no current proposals in this regard.

Local Authority Housing.

Joanna Tuffy

Ceist:

397 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government when the necessary funding will be made available to South Dublin County Council to enable it to complete refurbishment works in estates (details supplied) in Dublin 22 under the remedial works scheme 2009; and if he will make a statement on the matter. [24490/09]

A Remedial Works Scheme application in relation to the project in question was received in late 2008 and, following an evaluation process, an approval in principle in respect of the application was issued by my Department in February 2009. This project, which is at an early stage of development, is part of an overall three-year remedial works programme. As is the case with all such remedial works projects, expenditure arising will be co-funded by the commissioning authority, in this case South Dublin County Council, who will contribute to the project costs from their own internal capital receipts (ICRs). The matter of Exchequer funding for this project will be considered in the context of the 2010 housing allocations and South Dublin County Council's plans for the future application of ICRs.

Planning Issues.

Seán Barrett

Ceist:

398 Deputy Seán Barrett asked the Minister for the Environment, Heritage and Local Government the provisions of the telecommunications antennae and monopole support structures guidelines for planning authorities prepared by his Department in July 1996; and if he will make a statement on the matter. [24528/09]

My Department published Guidelines for Planning Authorities on Telecommunications Antennae and Support Structures in 1996. The guidelines are intended to facilitate planning authorities, An Bord Pleanála, the licensed providers of mobile telecommunications services and the public by providing guidance on dealing with these developments within the planning system.

Essentially, the guidelines set out a locational hierarchy in relation to the siting of radio masts and advise that free-standing masts should only be located within or in the immediate surrounds of smaller towns or villages as a last resort. If such a location should become necessary, the masts and antennae should be designed and adapted for the specific location. In the vicinity of larger towns and in city suburbs, operators should endeavour to locate in industrial estates or in industrially zoned land. The guidelines further advise that, only as a last resort, and if all the alternatives are unavailable or unsuitable, should free-standing masts be located in a residential area or beside schools. Under Section 28 of the Planning and Development Act, 2000, planning authorities are required to have regard to any Ministerial guidelines, in the performance of their functions. The Guidelines are available on my Department's website at www.environ.ie.

Electronic Voting Machines.

Mattie McGrath

Ceist:

399 Deputy Mattie McGrath asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 62 of 19 May 2009, in relation to the storage of voting machines in south Tipperary, if he will confirm the selection process used to select the location of storage; if the process was advertised in local media; and if he will make a statement on the matter. [24553/09]

Responsibility for the security and safe storage of manual voting electoral materials (such as ballot boxes, stamping instruments and stationery) is a matter for the Returning Officers, who are statutorily responsible for conducting the polls.

Accordingly, similar responsibility was assigned to Returning Officers to make the necessary arrangements in relation to the storage of the electronic voting machines and equipment. Returning Officers undertook the task of procuring suitable accommodation for the electronic voting machines and ancillary equipment. The detailed contractual and other arrangements were put in place by the individual Returning Officers, in exercising their responsibility in this regard.

Freedom of Information.

Joan Burton

Ceist:

400 Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the Freedom of Information request (details supplied) submitted to his Department in May 2008 and appealed in October 2008; if his attention has further been drawn to the fact that access to 50 documents was refused and that in some cases the reason for refusal was that the files had gone missing; the efforts which have been made to retrieve these files; if these efforts have been successful; if their are concerns with respect to data protection in relation to these files; if his attention has been drawn to the significant number of such files that have gone missing in his Department; the procedures which have been implemented in the interim to reduce the risk of such files disappearing in the future; and if he will make a statement on the matter. [24595/09]

The request referred to was recorded in July 2008 and over 184 records were identified across the relevant sections of my Department. Of these, 120 have been released in full and 3 records were partially released. This case is now the subject of a review by the Office of the Commissioner for Environmental Information.

One file relevant to the case could not be located despite an extensive search. My Department does not believe any data protection issue arises. The Section concerned has introduced a new computerised electronic working papers system, which aims to ensure more effective data management procedures and all working papers retained on laptops are encrypted. My Department's Record Management Strategy has been drawn up to facilitate good record keeping and is available to all staff on the Department’s Intranet.

Election Management System.

Terence Flanagan

Ceist:

401 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will respond to a matter (details supplied); and if he will make a statement on the matter. [24615/09]

I am aware that there is some public concern about the scale and nature of postering that arises around the time of elections/referenda. On foot of this, I held a public consultation in autumn 2008 regarding the control of postering for elections and referenda. There were 117 submissions made, containing a variety of recommendations, including measures to restrict the proliferation of posters.

A number of local authorities pilot — tested voluntary measures in the recent local and European elections to assess the practical issues around introducing such restrictions. My Department is currently collating feedback from these authorities to evaluate the impact of the voluntary measures on the proliferation of posters and litter arising during those election campaigns. This will inform any future policy development in this area.

The Litter Pollution Acts already contain a requirement for posters to display name and address details of the person on whose behalf the posters are erected. It is an offence under litter legislation not to do so.

I am satisfied that measures in the Electoral Amendment (No. 2) Act 2009, which set a maximum time limit of 30 days prior to polling day during which posters may be erected, are sufficient to standardise the time period involved. This legislation ensured a level playing field for all candidates and assisted the local authorities in their litter management activities.

Questions Nos. 402 to 405, inclusive, answered with Question No. 391.

Social and Affordable Housing.

Terence Flanagan

Ceist:

406 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if there are legislative restrictions on local councils for the number of private housing units leased for social housing uses; his policy on the mix of social, affordable and private housing in estates and developments; the guidelines which have been issued to local authorities on this issue; and if he will make a statement on the matter. [24668/09]

It is essential that all State investment in housing support, including use of the new leasing arrangements, complies fully with the "sustainable communities" philosophy at the heart of the Government's housing policy, as outlined in Delivering Homes, Sustaining Communities . In this context, while there are no legislative restrictions on the number of private housing units that can be leased for social housing purposes, a circular and guidance note issued by my Department to housing authorities states that authorities must have regard to the concentration of social housing in a particular development or in the general area where leased properties are proposed. In seeking approval for proposals, authorities must provide details of the overall development and the breakdown of the types of occupancy i.e. market/private housing, affordable housing and social housing, to demonstrate compliance with the mixed income, mixed tenure objectives of the overall “sustainable communities” policy.

Water and Sewerage Schemes.

Tom Hayes

Ceist:

407 Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government the position regarding the Burncourt Waste Water Treatment, County Tipperary, which was planned in the National Development Plan 2007-09; and if he will make a statement on the matter. [24719/09]

There are no proposals for the provision of wastewater treatment in Burncourt included in my Department's Water Services Investment Programme 2007-2009 nor has any such proposal been received from South Tipperary County Council.

Homeless Persons.

David Stanton

Ceist:

408 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 26 of 27 November 2008, if he will report on the development of the implementation plan which was developed under the aegis of the cross-departmental team on homelessness; his further plans for dealing with homelessness; and if he will make a statement on the matter. [24755/09]

The National Implementation Plan for the Homeless Strategy was adopted by the Cross Departmental Team on Homelessness in March 2009. The Plan, which also took into account input from the National Homeless Consultative Committee, is available on my Department's web site at www.environ.ie. It provides a robust framework to guide the action required at national level to promote and support effective implementation locally. The Plan sets out a sequence of strategic aims, key approaches, priority actions and constituent/supporting measures necessary for implementation of the overall Homeless Strategy, and indicates appropriate lead roles, timelines, key performance indicators and linkages to relevant local action. Implementation will be pursued primarily through local homelessness action plans, which will apply on a statutory basis under provisions of the Housing (Miscellaneous Provisions) Bill 2008, which is currently before the Dáil.

Health and Safety Regulations.

Terence Flanagan

Ceist:

409 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government his views on correspondence (details supplied); and if he will make a statement on the matter. [24780/09]

A number of distinct issues are raised in the correspondence.

Section 30 of the Fire Services Act 1981 provides that every person who knowingly gives or causes to be given a false alarm (whether by means of a street fire alarm, a telephone communication, a direct statement, a message or otherwise) to a fire brigade maintained by a fire authority is guilty of an offence.

With regard to the issue of continuously sounding fire alarms from a noise nuisance perspective, there are a number of measures currently in place to deal with falsely activated alarms. It is open to local authorities under section 107 of the Environmental Protection Agency Act 1992 to require measures to be taken to prevent or limit noise causing nuisance from a premises. The Environment Section of the local authority is the appropriate point of contact in this regard.

Under the Environmental Protection Agency Act 1992, it is open to any person, or group of persons to seek an order in the district court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet outlining the legal avenues open to persons experiencing noise nuisance is available at www.environ.ie

The Programme for Government contains a commitment to introduce comprehensive legislation on noise pollution within the lifetime of this Government. The Government recently approved the drafting of a Noise Nuisance Bill with a view to its publication later in 2009.

With regard to the issue of abandoned cars, section 71 of the Waste Management Acts 1996 to 2008 prohibits the abandonment of vehicles on any land, creates an offence in this regard and enables local authorities to enter on any land upon which vehicles have been abandoned to remove and store such abandoned vehicles. Such vehicles may subsequently become the property of the authority if not reclaimed by the registered owner within a period of four weeks. Prosecution under the Waste Management Acts may result in fines of up to €3,000 and/or to a term of imprisonment not exceeding 12 months on foot of a summary conviction.

A local authority may also seek reimbursement of the costs for the removal and storage of abandoned vehicles from the registered owners of such vehicles. For the purposes of the Acts, ‘abandoned', in relation to a vehicle, includes left in such circumstances or for such period that it is reasonable to assume that the vehicle has been abandoned. In this context, local authorities have reasonable discretion when determining whether or not a vehicle has been abandoned and may take a number of factors into consideration.

Section 32(1) of the Acts also provides that a person should not hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. In broad terms, this imposes a general duty of care on the registered owner of a vehicle to arrange for its disposal at end-of-life in an environmentally sound manner (i.e. by transferring it to an authorised treatment facility which has been permitted for the disposal of end-of-life vehicles).

Where an abandoned vehicle, which has been removed and stored by a local authority for the period prescribed in the Acts, is not reclaimed by the registered owner and the local authority decides to dispose of the vehicle, then the vehicle concerned becomes an end-of-life vehicle within the meaning of the Waste Management (End-of-Life Vehicles) Regulations 2006 and must be deposited at an authorised treatment facility for appropriate treatment and recovery.

Finally, on the issue of planting trees in urban areas, this is a matter, in the first instance, for each local authority. I understand that local authorities engage in tree planting programmes, especially during National Tree Week, in conjunction with the Tree Council of Ireland.

Rural Housing.

Niall Collins

Ceist:

410 Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government his plans to review the sustain rural housing guidelines; and if he will make a statement on the matter. [24872/09]

My Department's Guidelines for Planning Authorities on Sustainable Rural Housing (2005) are designed to achieve a balance between a good planning framework for rural housing and the local housing needs of those who are part of, or have links to, local rural communities. The Guidelines elaborate on the physical development policies for rural areas as set out in the Government's National Spatial Strategy (2002) which, inter alia, promotes sustainable rural settlement as a key component of delivering more balanced regional development.

The Guidelines set out how planning authorities should frame their development plan policies for the different types of rural areas which may exist within the development plan area, such as rural areas close to large towns and cities or those suffering from population decline. They also provide guidance to planning authorities on dealing with planning applications for rural housing including consideration of issues such as access to appropriate waste water treatment facilities, potential impacts of the development on groundwater, landscape, natural and cultural heritage and addressing road safety issues (e.g. frontage onto national roads).

I have no plans to review the Guidelines at this time.

Local Authority Staff.

Noel Grealish

Ceist:

411 Deputy Noel Grealish asked the Minister for the Environment, Heritage and Local Government if a cut in allowances awarded to outdoor staff of Galway County Council and a cap on travel are in place due to the directive from his Department; if a directive was issued to Galway County Council regarding payments of allowances, which includes travel to its staff; and if he will make a statement on the matter. [24873/09]

My Department directed all local authorities, in line with Government policy on reducing Public Sector pay costs, that travel and subsistence rates and all allowances based on travel and subsistence rates were being reduced by 25% with effect from 12 March 2009.

Local authorities were also reminded of their responsibilities to ensure that only essential travel is undertaken; that the number of employees travelling for official purposes is kept to a minimum and that expenditure on travel and subsistence should be critically appraised and monitored. My Department did not impose a cap on travel and subsistence.

Under section 159 of the Local Government Act 2001, each County and City Manager is responsible for staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible. Accordingly, arrangements regarding payment of allowances unrelated to travel and subsistence are a matter for each local authority.

Fire Services.

Terence Flanagan

Ceist:

412 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government the additional fire appliances he has provided to Dublin Fire Brigade for each year since 2002 to date in 2009; and if he will make a statement on the matter. [24901/09]

The provision of a fire service, including the provision of fire fighting and emergency equipment, is a statutory function of individual fire authorities as set out in the Fire Services Act, 1981. The Department supports fire authorities through the setting of general policy and the provision of capital funding, including the recoupment (within the overall funding available) of costs incurred by fire authorities in relation to the purchase of fire appliances.

Details of fire appliances approved for Dublin City Council under the Department's fire service capital programmes for the period 2002 to 2008 are included in the Table below. Approval for the acquisition of fire appliances under the 2009 fire services capital programme are currently under consideration.

Year

Fire appliances/other vehicles

2002

2 × Class B Appliances

2003

2 × Class B Appliances

2004

1 × Foam Tender

2004

1 × Incident Command Unit

2004

1 × Refurbished Hydraulic Platform

2004

1 × Water Support Unit

2004

4 × 2nd Hand Appliances

2004

1 × Demonstrator Model Fire Appliance

2005

2 × Class B Appliances

2006

2 × Emergency Tenders

2007

2 × Class B Water Tender

2008

1 × Turntable Ladder

Planning Issues.

Noel Grealish

Ceist:

413 Deputy Noel Grealish asked the Minister for the Environment, Heritage and Local Government his plans to extend the life of a planning permission to longer than five years; and if he will make a statement on the matter. [24956/09]

Section 42 of the Planning and Development Act 2000 provides that, on application, the duration of a planning permission (normally 5 years) must be extended, subject to certain conditions, where substantial works have been carried out before the expiration of the original permission.

Section 23 of the Planning and Development (Amendment) Bill 2009, which was published on 3 June, amends this provision by providing for the extension of permission where substantial works have not been carried out, but there were commercial, economic or technical considerations, beyond the control of the applicant, which substantially mitigated against either the commencement of development or the carrying out of substantial works.

Departmental Advertising.

Leo Varadkar

Ceist:

414 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government if agencies, boards, quangos or other bodies within the remit of his Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by his Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, on-line advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if he will make a statement on the matter. [24970/09]

My Department does not compile or hold data in relation to companies or consultants engaged by agencies under its aegis.

Leo Varadkar

Ceist:

415 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government if his Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by his Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if he will make a statement on the matter. [24985/09]

The information requested in respect of my Department is being compiled and will be forwarded to the Deputy as soon as possible.

Housing Grants.

Róisín Shortall

Ceist:

416 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government if grant assistance is available to home owners who wish to restore and repair private dwellings of a considerable age. [25006/09]

There is no general grant scheme currently available from my Department for the repair or restoration of older private dwellings and I have no plans to introduce such a scheme.

However, there is a conservation grants scheme, administered by local authorities with funding from my Department, aimed at supporting the carrying out of conservation works on structures of architectural significance, which are listed in the Record of Protected Structures contained in the relevant local authority's Development Plan. It is a matter for each local authority to assess and prioritise applications and approve funding.

My Department also provides funding to the Heritage Council for capital grants to assist conservation works to buildings. The Council's "Building at Risk" scheme provides grant assistance to carry out essential repairs to buildings of architectural significance. Further information in relation to this scheme is available directly from the Heritage Council or on the Council's website at www.heritagecouncil.ie.

Question No. 417 answered with Question No. 392.

Planning Issues.

Ruairí Quinn

Ceist:

418 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government his plans to introduce legislation to amend the Planning and Development Acts to provide for the mandatory listing by local authorities of public rights of way; and if he will make a statement on the matter. [25099/09]

Section 14 of the Planning and Development Act 2000 allows for the discretionary listing of rights of way in local authority development plan. It is an enabling provision, which allows planning authorities to preserve public rights of way as they consider appropriate, having regard to their core functions, resources available, local circumstances, etc. I am currently considering whether these provisions are adequate; any necessary legislative changes will be incorporated into the Planning and Development (Amendment) Bill which was published on 3 June.

Litter Pollution.

Jim O'Keeffe

Ceist:

419 Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government his views on the amount of litter in our cities, towns and villages and throughout the countryside; if he is satisfied with the operation of the National Litter Pollution Monitoring System; his further views on the anti litter initiatives in which his Department has been successful; and if he has new proposals in this regard. [25203/09]

Litter is a scourge on our landscape and, apart from the substantial clean up costs incurred by local authorities, there can be negative consequences for society at large. I am pleased that recent results from Irish Business against Litter (IBAL) and the soon to be published results from my Department National Litter Pollution Monitoring System (NLPMS) point to a steady reduction in litter levels across the country. IBAL reported last week that 68% of areas monitored are now ‘Clean to European Norms', up from 14% in 2002. This statistic is reflected in the 2008 NLPMS report which shows that 68% of areas surveyed displayed high levels of cleanliness compared to 48% in 2002.

The NLPMS has been in operation for 10 years and has generated a considerable body of data on litter levels and causes nationwide over that time, with over 5000 separate surveys per annum now being collated from local authorities by the Litter Monitoring Body. This information is a very valuable tool in the ongoing efforts of both my Department and local authorities to tackle the litter problem, allowing planners to allocate resources in a more effective, targeted manner. It has also enabled us to evaluate the success of the initiatives being undertaken on litter levels countrywide.

Education is a key component in resolving our litter problem; it is crucial that we continue to foster an attitude across society that views littering as unacceptable. My Department supports a number of anti-litter initiatives which are enjoying increasing success in achieving this objective. National Spring Clean motivated almost 500,000 volunteers across Ireland to take part in litter-picking activities in April, while the Green Schools Programme, which has litter control as a core activity, has achieved a high level of success. Other initiatives supported by my Department, such as TidyTowns, the Protecting Uplands and Rural Environments (PURE) project, the Blue Flag Awards and the Clean Coasts initiatives also involve litter clean-up actions.

These are in addition to the enforcement, clean-up and public awareness work undertaken by the local authorities. The total amount granted to local authorities by my Department for anti-litter and anti-graffiti awareness initiatives is in excess of €8.7 million since the Litter Pollution Act was introduced in 1997. I am satisfied that our response to Ireland's litter problem is achieving the desired result and my Department will continue to keep our anti-litter activities under constant review.

Architectural Heritage.

Denis Naughten

Ceist:

420 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government, further to Parliamentary Question No. 478 of 10 February 2009, the details of the discussions since that date with the local authority and landowners; and if he will make a statement on the matter. [25214/09]

I refer to the reply to Question No. 472 of 6 May, 2009, in which I indicated that consultations with landowners and the local authority on operational issues are a matter for the Office of Public Works (OPW), as manager of the site, and are being pursued as appropriate by OPW.

Building Energy Regulation.

Liz McManus

Ceist:

421 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government his views on the fact that landlords who have been issued a low building energy rating are not obliged to make their properties more energy efficient; his further views on whether there should be an obligation to carry out recommendations or improvements following a BER rating; and if he will make a statement on the matter. [24056/09]

Liz McManus

Ceist:

424 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government his views on the difficulties faced by building energy rating contractors who have invested significant amounts in training, insurance and registration and who are faced with low take up of BER certificates; the number of BER contractors and the amount of BER certificate applications since the beginning of the scheme; the steps he will take to ensure further take up of this scheme; if he will introduce a waiver for registration for persons who are unemployed; and if he will make a statement on the matter. [18720/09]

I propose to take Questions Nos. 421 and 424 together.

There are currently some 2,700 persons registered with Sustainable Energy Ireland (SEI) as Building Energy Rating (BER) assessors for dwellings with some 270 registered as BER assessors for buildings other than dwellings. At present there are some 50,000 Building Energy Rating (BER) certificates in place in respect of dwellings and almost 1,000 BER certificates in place for buildings other than dwellings.

While a significant level of BER activity is taking place, it is clear that the number of registered assessors for dwellings is far higher than is required to meet current and anticipated demand for BER certificates in the market place. There are no proposals under consideration by my Department at present in relation to the waiver of registration fees in respect of unemployed persons who are interested in becoming BER assessors.

I understand that SEI strongly advises that applicants for registration review the number of BER assessors who are already servicing their intended target area in order to ensure that they are satisfied with the potential business opportunity before investing money in registering with SEI. A database of all registered BER assessors, searchable by county, is included on SEI's webpages (www.sei.ie).

The BER Certificate is accompanied by an advisory report outlining a number of improvements that might be made to improve the energy efficiency of the building but there is no obligation on a landlord to carry out any of the recommended improvements. The BER certificate and advisory report serve to enable prospective tenants to take the energy performance of a building into account when making decisions in relation to lettings and to compare in a standard format the energy performance of a range of buildings available to them. In this way it is intended that the BER system will promote greater awareness of energy efficiency in the property market and encourage building owners to take cost effective steps to improve the energy rating, and hence the overall energy performance, of such buildings.

In relation to the steps being taken to encourage BER activity in the market place I refer to the reply to Question Nos. 372 and 377 of 28 April 2009. The planned media campaign previously referred to is currently underway. My Department will continue to work closely with the Department of Communications, Energy and Natural Resources, SEI and the 37 local Building Control Authorities to promote awareness of the obligations which arise under the Regulations.

Environmental Policy.

Liz McManus

Ceist:

422 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the recent UN report that claims that climate change is resulting in more than 300,000 deaths a year; his views on the need for climate change targets to be put on a legal footing; and if he will make a statement on the matter. [24077/09]

Liz McManus

Ceist:

423 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government his views on the need for climate change legislation; the representations he has made for higher targets at EU level; his plans for climate change talks at Copenhagen; if he expects the Taoiseach to represent Ireland at the Copenhagen talks; and if he will make a statement on the matter. [18696/09]

I propose to take Questions Nos. 422 and 423 together.

In the period 2008-2012, Ireland is required to meet a challenging greenhouse gas emission reduction target under the Kyoto Protocol; this target is binding in international law. In addition, by 2020, Ireland is committed under the EU climate and energy package agreed in December 2008 to achieve a 20% reduction on 2005 levels of greenhouse gas emissions in the sectors of the economy not covered by the EU emissions trading scheme. This 20% target is binding in EU law, as will any adjustment to it in the light of the outcome to the Conference of the Parties to the UN Framework Convention on Climate Change in Copenhagen later this year. The question of national legislation on climate change will be considered in the context of the review of the Programme for Government.

The objective of the ongoing international negotiations under the Framework Convention on Climate Change is to reach agreement on a comprehensive global response to climate change at the Copenhagen conference. Ireland fully supports the EU position set out in the conclusions adopted by the Council on 2 March 2009 and subsequently. It is of the utmost importance that a new agreement is reached in Copenhagen in order to avoid any gap in the response to climate change when the Kyoto Protocol expires at the end of 2012. A key element of an effective outcome at Copenhagen will be continued leadership by developed countries in tackling climate change and I believe that a new agreement must set binding post-2012 greenhouse gas emission limitation or reduction targets for developed countries.

The EU position in the international negotiations and the Irish Government's support is underpinned by the scientific advice from the InterGovernmental Panel on Climate change. In its 4th Assessment Report, the Panel found that the warming of the climate system is unequivocal and that climate change currently contributes to the global burden of disease and premature deaths. It also found that projected climate change-related exposures are likely to affect the health status of millions of people, particularly those least able to adapt to changing conditions. This would be particularly evident in increased malnutrition; increased deaths, disease and injury due to heatwaves, floods, storms, fires and droughts; increased diarrheal disease; malaria and cardiorespiratory diseases.

I intend to participate in the Ministerial segment of the Copenhagen conference; the other members of the Irish delegation will be decided closer to the time. While it is possible that the conference will be elevated to the level of Heads of State and Government, I am not aware of any decision to that effect and the issue of the Taoiseach attending does not therefore arise at this time.

Question No. 424 answered with Question No. 421.

Salmon Fishing.

Brian O'Shea

Ceist:

425 Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources the proposals he has in regard to the reopening of salmon fishing; and if he will make a statement on the matter. [25083/09]

The Wild Salmon and Sea Trout Tagging Scheme Regulations, 2008 (S.I. No. 586, 2008) provide for, among other things, the quotas of salmon that can be harvested by commercial and recreational fishermen during the 2009 season from those rivers identified in the Regulations.

An array of conservation measures is provided for in bye-laws made during 2009, as applied in 2008 (e.g. annual bag limit, specified rivers in which angling is permitted on a catch and release basis only, prohibition on angling for salmon and sea trout in specified rivers that are below their conservation limits). These include the Salmon and Trout Conservation (Draft Nets and Snap Nets) Bye-law No. 856, 2009, which set out the opening and closing dates for the commercial fishing season and prohibits draft net and snap net fishing for (salmon and trout) in all districts other than those rivers mentioned in the bye-law.

The relevant statutory instruments and bye-laws are available on the Department's website. The harvest of salmon by commercial and recreational means is only permitted in those rivers that are meeting their conservation limits and which have an identified surplus.

Telecommunications Services.

Michael Creed

Ceist:

426 Deputy Michael Creed asked the Minister for Communications, Energy and Natural Resources when a person (details supplied) in County Cork will receive full broadband access; and if he will make a statement on the matter. [24602/09]

Broadband services can be provided over various platforms including DSL (i.e. over telephone lines), fixed wireless, mobile, cable, satellite and fibre by the private sector service providers. I understand that broadband is available in Knockroe, Kilnamartyra, County Cork from Digital Subscriber Lines (DSL), Mobile, Wireless and satellite service providers as detailed in the table below. My Department operates a dedicated website, www.broadband.gov.ie, where potential broadband customers can ascertain the availability of services in their area.

Knockroe, Kilnamartyra, County Cork

Platform

Service Provider

Website

Phone

DSL

BT

http://www.btireland.ie

1800 923 923

Digiweb DSL

http://www.dsl.digiweb.ie

1800 28 58 28

Eircom DSL

http://www.eircom.ie

1901

Imagine Broadband

http://www.imagine.ie

1890 92 92 92

Irish Broadband

http://www.irishbroadband.com

1890 56 44 56

Perlico

http://www.perlico.com

1890 25 21 48

Mobile

O2 Ireland

http://www.o2.ie/broadband

1800 226 086

Wireless

Digitalforge

http://www.digitalforge.ie

028 28983

PermaNET Broadband

http://www.permaNET.ie

1890 818 599

Satellite

Applied Solutions

http://www.ADSLnow.ie

1890 924 854

Avonline

http://www.avonlinebroadband.co.uk

0044 800 073 1102

Broadband Wherever

http://www.broadbandwherever.net

0044 800 068 3358

Cross Country Broadband Limited

http://www.crosscountrybroadband.com

053 92 55428

Digiweb Satellite

http://www.broadband.digiweb.ie

042 939 3300

e3 Broadband

http://www.e3broadband.ie

1850 303333

Ehotspot

http://www.ehotspot.ie

0044 1262 409109

Eircom Satellite

http://www.eircom.ie

1901

Fastnet Broadband Satellite

http://www.fastnetbroadband.com

01 2303746

Media Satellite Ireland Limited

http://www.mediasat.ie

1850 202 144

National Broadband Limited

http://www.nbb.ie

045 982130

Orbitlink

http://www.orbitlink.ie

01 8601995

Pure Telecom Satellite

http://www.puretelecom.ie

01 2895555

Satellite Broadband Ireland

http://www.satellitebroadbandireland.ie

044 9372514

Alternative Energy Projects.

Niall Collins

Ceist:

427 Deputy Niall Collins asked the Minister for Communications, Energy and Natural Resources the reason Sustainable Energy Ireland is insisting on contractors having insurance indemnity of €5 million; if his attention has been drawn to the fact that many contractors wishing to register with SEI have insurance indemnity of €1.5 million and are being refused work by SEI on this basis; if he will review and remove this restrictive requirement; and if he will make a statement on the matter. [24790/09]

In order to ensure the highest quality and safety standards of work for all homeowners in receipt of grants under the Home Energy Saving Scheme, Sustainable Energy Ireland (SEI) has set a number of conditions which contractors must meet, in order to be registered to carry out works under the Scheme. These conditions include a requirement to carry employers' liability insurance of €13 million and public/products Liability (PL) insurance of €6.5 million.

I am informed by SEI that the specified level of employers' liability insurance is the minimum level available in the Irish market, while the specified level of public/product liability insurance is the same as required of electricians to register with the Register of Electrical Contractors in Ireland (RECI). SEI set these requirements on the advice of its insurance brokers and after consultation with stakeholders, including the Construction Industry Federation. To date, over two thousand contractors have successfully registered with the Scheme.

Telecommunications Services.

Niall Collins

Ceist:

428 Deputy Niall Collins asked the Minister for Communications, Energy and Natural Resources how persons in areas not covered by the national broadband scheme can obtain the service; and if he will make a statement on the matter. [24871/09]

In designing the National Broadband Scheme (NBS), which was approved by the EU Commission, my Department needed to strike a balance between reaching as many unserved premises as possible and minimising the impact of the scheme on businesses already providing broadband services in rural areas, thereby minimising market distortion in accordance with EU state aid rules.

EU State aid and competition rules govern how states can intervene in areas where there are existing service providers. The nature of broadband networks is such that they provide a coverage footprint over a certain area rather than an individual link to isolated premises. It was essential to guard against the NBS coverage footprint spilling over to an extent which would be unacceptable from a State aids perspective, onto surrounding areas already served by existing service providers.

Accordingly, to try to include individually unserved premises that are located within EDs deemed to be already served within the scope of the NBS would have given rise to an unacceptable level of market distortion and therefore, such areas had to be excluded. My Department is examining how broadband could be made available to those remaining customers who for a variety of different reasons are in areas, which are not served by either the NBS or alternative coverage.

Energy Resources.

James Reilly

Ceist:

429 Deputy James Reilly asked the Minister for Communications, Energy and Natural Resources if he will clarify the cost implications regarding the provision of an electricity interconnector between Ireland and Wales and in particular the claim in a newspaper (details supplied) that an alternative company claims it can build an interconnector at 33% of the cost of the State body EirGrid; if a competition was held as recommended by the Government to the Commission for Energy Regulation in 2006; and if he will make a statement on the matter. [24888/09]

EirGrid, with the approval of the Government, is developing the East West Interconnector to schedule. The Government is fully committed to the cost effective delivery of the interconnector in the interests of consumers as a key strategic energy infrastructure project.

The Government decided in 2006 that the interconnector will, as a national strategic asset, remain in public ownership and will be owned and operated by EirGrid. The contract for the development of the East West interconnector was awarded to ABB on foot of an open, competitive tender process conducted by EirGrid under the regulatory oversight of the CER. I am satisfied with EirGrid's assurance that the contract represents value for money and will ensure cost-effective delivery of the project to schedule.

The Government has also been advised by EirGrid and the Commission for Energy Regulation (CER) that over the lifetime of the interconnector, the benefits will more than outweigh the development costs. The benefits for the economy, the energy market and consumers include:

Enhancing security of energy supply by delivering additional capacity to the all-island electricity market and linking it to the UK, which is in turn, connected to mainland European markets;

Underpinning delivery of Ireland's renewable generation targets by providing additional back-up at times of low wind and enabling the export of wind energy from Ireland at times of high wind generation;

Supporting further competition in the electricity market and exerting downward pressure on prices;

Diversifying the national fuel mix and supply sources by reducing our dependence on electricity generated from imported natural gas; and

Providing EirGrid, as the system operator, with important back-up and reserve services.

In a strong endorsement by the European Union, Ireland has secured €110 million for the East West Interconnector under the European Economic Recovery Plan. This funding will be an important component of the overall financial package to the project. In making cost comparisons it is the case that each electricity interconnector project is a unique development. Interconnectors may vary in terms of capacity, length, diversity of terrain and the proportion of the project that is sub-sea or on land.

Departmental Advertising.

Leo Varadkar

Ceist:

430 Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if agencies, boards, quangos or other bodies within the remit of his Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by his Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, on-line advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if he will make a statement on the matter. [24965/09]

Leo Varadkar

Ceist:

431 Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources if his Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by his Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if he will make a statement on the matter. [24980/09]

I propose to take Question Nos. 430 and 431 together.

I can advise the Deputy that my Department has not carried out any advertising campaigns during the first six months of 2009. Any such campaigns carried out by bodies under the aegis of my Department are day to day operational issues and a matter for those bodies.

Home Energy Saving Scheme.

Jack Wall

Ceist:

432 Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources the reason the minimum grant available under the home energy saving scheme has to exceed €500 in view of the fact that many interested parties only want to ensure that their attic is insulated and the importance that such work is carried out; and if he will make a statement on the matter. [25003/09]

The Home Energy Saving Scheme, which I launched in February, has funding of €49m in 2009. Already over 12,000 householders have been approved for grant aid under the scheme and there is potential for up to 30,000 householders to benefit from the range of energy efficient measures available by the end of the year.

It is important to strike an appropriate balance between value for money in relation to the cost of the investment in delivering energy efficiency savings measures and the value of those energy savings to the economy. Sustainable Energy Ireland (SEI) has put in place a requirement that applicants to the scheme install measures attracting a minimum grant payment of €500. The administrative cost to SEI of processing grants under the Scheme is relatively fixed, regardless of the amount of the grant payment concerned. SEI has worked to keep the administrative costs of the scheme as low as possible.

The administrative cost of disbursing grants for relatively low cost measures such as attic insulation would be unacceptably high if these were permitted on their own. It is likely that many householders would return to the scheme at a later date seeking support for other measures, giving rise to multiple administrative charges on the scheme. The minimum grant threshold is designed to ensure value for money to the Exchequer, while encouraging homeowners to take a holistic approach from the outset to improving the energy efficiency of their homes.

Energy Resources.

Terence Flanagan

Ceist:

433 Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources if he will re-negotiate the deal which involved the State selling off the rights to gas off the west coast; and if he will make a statement on the matter. [25019/09]

Where the Department enters into contracts relating to exploration for or production of oil and gas, it does not revoke such contracts unless there is a breach of the contract terms by the other party. The Department is actively engaged in promoting opportunities for exploration for oil and gas offshore Ireland with the aim of attracting an increased share of mobile international exploration investment to Ireland. It is only by growing the level of exploration activity that Ireland will be able to properly benefit from its indigenous natural resources of oil and gas.

Where a commercial discovery is made and is then brought to development, the principal financial return to the State will be through the tax system. Under the Finance Acts a special rate of corporation tax applies to profits from the production of oil and gas. Profits are liable to tax at a rate of between 25% and 40%.

The current tax regime was given effect to through the 2008 Finance Act. The changes made at that time resulted from a review of Ireland's licensing terms that was undertaken in 2007. The regulatory framework put in place post the 2007 review reflects the fact that Ireland's Atlantic Margin is relatively under-explored and also reflects the high cost and technical challenges associated with undertaking exploration in the area. Since 1970 some 128 wells have been drilled in Irish waters which, over the period have resulted in four commercial discoveries.

Home Energy Saving Scheme.

Jim O'Keeffe

Ceist:

434 Deputy Jim O’Keeffe asked the Minister for Communications, Energy and Natural Resources if changes were made in the conditions attached to the home energy savings scheme or the website presentation following its introduction; if so, when the changes regarding partial insulation will be made; the grant entitlement of persons who obtained grant approval prior to such changes having been made and who have committed themselves to expenditure based on such grant approval will receive grants; and if he will make a statement on the matter. [25041/09]

Since the Home Energy Saving Scheme was officially launched on 25 March, there have been no specific changes made to the terms and conditions of the Scheme. The Scheme is administered by Sustainable Energy Ireland (SEI) and its website carries a wealth of information on the measures supported and how homeowners can apply. Where queries have arisen from homeowners regarding interpretation of the terms and conditions of the scheme, SEI has worked to include any necessary clarifications in additional or amended material.

One such clarification related to the requirement for homeowners to ensure that the measures they install represent an optimal solution in terms of both energy efficiency and value for money. This matter was the subject of some correspondence to SEI, with both homeowners and contractors seeking clarification regarding so called ‘partial solutions'. SEI's clarification on this subject has since been included in Scheme documentation and on its website.

In relation to insulation, contractors registered with the scheme are required to ensure that an optimal, whole-element solution is provided. This means for example, that in order to avail of a grant for wall insulation, all exposed walls must normally be either internally or externally insulated as appropriate and for a grant for roof insulation, that the whole surface of the ceiling or roof space must normally be insulated. Where only partial coverage is achieved, this must be detailed in the Declaration of Works returned to SEI with the claim for payment and the contractor should inform the homeowner that this may impact on their eligibility for a grant.

Partial solutions will only be accepted by SEI in exceptional cases, where it can be shown that a whole-element solution is either not physically or economically possible. For example, it may not be physically possible to provide complete roof insulation coverage due to small inaccessible areas of the roof. Internal dry-lining of all exposed walls in a particular dwelling may not be economically viable where it would require that kitchen units are removed. Justification for these exceptional partial solutions must be given in the Declaration of Works.

The criterion of economic viability of a whole element solution, does not relate to the economic cost for the homeowner concerned but relates to the economic benefit of the solution in terms of energy and CO2 savings, versus the cost of works. It is the case that some homeowners may not be in a position to afford the cost of insulating their entire home and may wish to insulate just one or two rooms. However, the heat loss in such a situation through the un-insulated walls means that grant payment for such work could not be justified.

Those who cannot afford to insulate their homes may qualify to have works done at token cost under the Warmer Homes Scheme. This scheme provides cavity wall and roof insulation, as well as draught-proofing measures, boiler lagging jacket and energy efficient lighting, to those in receipt of Fuel Allowance, Invalidity or Disability Benefit. I have increased the budget available to the Warmer Homes Scheme to €20 million in 2009, including a contribution from Bord Gáis and ESB, and this level of funding will allow up to 15,000 low income homes to benefit from energy upgrades this year alone.

Farm Retirement Scheme.

Jim O'Keeffe

Ceist:

435 Deputy Jim O’Keeffe asked the Minister for Agriculture, Fisheries and Food the position in relation to an application for farm retirement for a person (details supplied) in County Cork. [24395/09]

My Department received an application under the Early Retirement Scheme from the person named. It could not be accepted for processing as it was received after the Scheme had been suspended for new applications on 14 October, 2008. I am, however, conscious that some potential applicants were at an advanced stage of preparing an application when entry to the scheme was suspended and had made, or were making arrangements to meet the requirements of the Scheme.

I am examining options for addressing these cases against a background of competing demands for limited resources with a view to making an early decision on the matter.

Grant Payments.

Michael Ring

Ceist:

436 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if all payments due to a person (details supplied) in County Mayo under a scheme have been awarded. [24422/09]

Under EU rules payments in respect of REPS 4 are to be made in two instalments. The first instalment consists of 75% of the total payment due for the year and is paid to individual applicants once all administrative checks on all plans have been completed. The person named has received the first instalment of his payment and my officials expect to release the remaining 25% shortly.

Aquaculture Licences.

Mary White

Ceist:

437 Deputy Mary Alexandra White asked the Minister for Agriculture, Fisheries and Food if those aquaculture licences which were automatically renewed under section 19A of the Fisheries (Amendment) Act , 1997 as inserted by section 101 of the Sea-Fisheries and Maritime Jurisdiction Act, 2006 have a matching foreshore licence; if so, the procedure that was followed; and if he will supply the reference and copy of the foreshore licence to an organisation (details supplied). [24436/09]

All marine aquaculture licences issued under the Fisheries (Amendment) Act, 1997 require a corresponding foreshore licence. Section 19A(4) of that Act, as inserted by section 101 of the Sea-Fisheries and Maritime Jurisdiction Act, 2006, provides that:

A licensee who has applied for the renewal or further renewal of an aquaculture licence shall, notwithstanding the expiration of the period for which the licence was granted or renewed but subject otherwise to the terms and conditions of the licence, be entitled to continue the aquaculture or operations in relation to aquaculture authorised by the licence pending the decision on the said application.

Therefore, while the aquaculture licence and the foreshore licence may have expired the licensee is entitled to continue his activities pending a determination of the renewal application.

Section 19A of the Act does not therefore purport to automatically renew existing licences. There is no question of automatic renewal. Neither does the section indicate that a determination of an application in favour of the applicant will follow. I will arrange to have a copy of the foreshore licence in question made available to the Deputy.

Departmental Contracts.

Michael Creed

Ceist:

438 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food his contractual arrangements with a company (details supplied); the value and duration of the contracts entered into; the services rendered by the contractor; if he is satisfied with the services provided by this company; and if he will make a statement on the matter. [24451/09]

My Department has no direct contractual arrangements with the company named. The company was engaged by Teagasc to develop the eREPS system. The eREPS system is managed by Teagasc on my Department's behalf and is hosted by the company named, which continues to be responsible for maintaining the system and for introducing new functionalities as requested by my Department. The eREPS is funded by my Department, and the total amount of funding provided for the development and enhancement of the system and for the hosting and support of the facility since 2005 is €1,494,413. The current contract is for five years and expires in 2010.

eREPS is a useful tool to assist REPS planners in preparing REPS plans. Planners use the facility free of charge in preparing plans. It obviates the need to purchase paper maps for the preparation of plans as access is provided to existing electronic maps and it assists by automatically calculating areas and other calculations, thereby reducing the scope for error. In this way it minimises the effort required by the planner and consequently the fees that they must charge to farmers. eREPS was developed and is managed by Teagasc on behalf of the Department and is funded by the Department.

In general, the eREPS system has functioned well. The majority of REPS planners chose to use the system since its introduction and a large proportion of all REPS plans have been prepared using this facility. The use of eREPS for the preparation of plans has now been made compulsory. There have been a number of specific problems with system this year, and Teagasc, on behalf of my Department, is pursuing these with the contractor.

Milk Quota.

John Perry

Ceist:

439 Deputy John Perry asked the Minister for Agriculture, Fisheries and Food if he will intercede on behalf of a person (details supplied) in County Sligo to ensure that they are allowed to lease their milk quota from July 2009 to April 2010, as they have been refused permission to do so; and if he will make a statement on the matter. [24462/09]

The Milk Quota Temporary Leasing Scheme allows milk producers to offer for lease through their milk purchaser on a temporary basis all or part of their milk quota that they do not expect to use in the current quota year. If a producer intends to offer 80% or more of their quota to the scheme they must first apply to my Department for a Ministerial Declaration permitting them to do so. Approval for such applications can only be granted in force majeure or other duly justified cases, where production capacity has been temporarily affected.

The person (details supplied), was granted a Ministerial Declaration for the 2008/2009 milk quota year. It was made known to him at that time that my Department would not be in a position to consider any further applications for a declaration under the same circumstances.

Grant Payments.

John Perry

Ceist:

440 Deputy John Perry asked the Minister for Agriculture, Fisheries and Food if he will provide copies of all REP schemes payments made to a person (details supplied) in County Sligo from 2002 to 2007 inclusive; and if he will make a statement on the matter. [24466/09]

The information requested has issued directly to the person named.

State Agency Staff.

Jack Wall

Ceist:

441 Deputy Jack Wall asked the Minister for Agriculture, Fisheries and Food the number of employees employed part-time and full-time by Coillte in each of the past five years; the number of redundancies which have occurred over the same period; and if he will make a statement on the matter. [24470/09]

The details requested by the Deputy in relation to Coillte, as established under the Forestry Act 1988, are as follows:

Year

Part-time

Full-time

Redundancies

2004

55

769

6

2005

124

793

1

2006

143

815

12

2007

131

797

5

2008

148

805

0

The Deputy should note that these figures do not relate to the company's subsidiaries and joint ventures in which the company were/are involved and also that staff who left the company under voluntary early retirement schemes have not been included in the redundancy figures above.

State Agency Contractors.

Jack Wall

Ceist:

442 Deputy Jack Wall asked the Minister for Agriculture, Fisheries and Food the number of contractors employed by Coillte in each of the past five years; the works undertaken by such contractors; the areas where they are in employment; and if he will make a statement on the matter. [24472/09]

The details requested by the Deputy in relation to Coillte, as established under the Forestry Act 1988, are as follows:

Year

No of contractors

Work undertaken

Counties involved

2004

933

Harvesting Road Construction Planting Nursery

26

2005

900

Harvesting Road Construction Planting Nursery

26

2006

874

Harvesting Road Construction Planting Nursery

26

2007

782

Harvesting Road Construction Planting Nursery

26

2008

730

Harvesting Road Construction Planting Nursery

26

The Deputy should note that these figures include all contractors engaged in operational works and also that they do not relate to the company's subsidiaries and joint ventures in which the company were/are involved.

Grant Payments.

Noel Coonan

Ceist:

443 Deputy Noel J. Coonan asked the Minister for Agriculture, Fisheries and Food when a REP scheme payment will issue to a person (details supplied) in County Tipperary; if he will give a breakdown of the amount to be awarded; and if he will make a statement on the matter. [24503/09]

Payment will issue to the person named within the next three weeks.

Tom Sheahan

Ceist:

444 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Kerry will be awarded their disadvantaged area scheme payment. [24516/09]

An application under the 2009 Disadvantaged Areas Scheme was received from the person named on 16 April 2009. Processing of the approximately 135,000 applications received under the 2009 Single Payment Scheme / Disadvantaged Areas Scheme is expected to be completed in sufficient time to allow payments under the Disadvantaged Areas Scheme to begin issuing in September, in line with previous years payments. The person named was fully paid in respect of the 2006, 2007 and 2008 Disadvantaged Areas Schemes, on 21 September 2006, 19 September 2007 and 2 October 2008, respectively.

Food Safety Standards.

Andrew Doyle

Ceist:

445 Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the action he is taking to ensure that meat passing through the large meat processing plants is 100% traceable; and if he will make a statement on the matter. [24537/09]

Regulation (EC) No. 178 of 2002, which sets out the general principles and requirements of EU food law, stipulates among other things, that food business operators at all stages of production, processing and distribution within the businesses under their control must ensure that foods satisfy the requirements of food law and that these requirements are met. In regard to traceability the regulations require that the operator must have systems in place to be able to identify any person from whom they have been supplied with a food. They must also have a system in place to identify the other businesses to which their product has been supplied.

I am satisfied therefore that the meat sector is meeting the traceability standards required under this legislation. My Department, in conjunction with industry, is nevertheless continuing to examine the potential to improve traceability as I indicated following the dioxin contamination incident.

Aquaculture Licences.

Ruairí Quinn

Ceist:

446 Deputy Ruairí Quinn asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 197 of 27 May 2009, when he will communicate his response in writing; the legal advice he has received; and if he will make a statement on the matter. [24550/09]

Definitive legal advice as to whether the arrears due in individual cases should be considered commercially sensitive is still awaited but I expect it to be available shortly and I will communicate further with the Deputy at that stage. In the meantime I have arranged for my Department to forward the revised table as referred to in my response to Parliamentary Question No. 197 of 27 May 2009 (Ref: 21662/09) to the Deputy.

Grant Payments.

Tom Hayes

Ceist:

447 Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food the entitlements of a person (details supplied) in County Tipperary under the national reserve for 2008 and 2009; and when payment will be awarded. [24555/09]

My Department has no record of having received a National Reserve application from the person named under the 2008 or 2009 Single Payment Scheme National Reserve.

Tom Hayes

Ceist:

448 Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food the entitlements of a person (details supplied) in County Tipperary under the national reserve for 2008 to 2009; and when payment will be awarded. [24556/09]

The person named submitted an application for an allocation of entitlements under Category B of the 2008 National Reserve. This category caters for new entrants to farming who commenced farming after 31 December 2005. In addition applicants are required to fulfil certain criteria relating to on and off-farm income limits and educational qualifications. The person named did not submit sufficient information in order to fully process his application. My Department wrote to him requesting the outstanding documentation and when this is received my Department will be in a position to further process his application.

Pat Breen

Ceist:

449 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [24654/09]

Under EU rules payments in respect of REPS 4 are to be made in two instalments. The first instalment consists of 75% of the total payment due for the year and is paid to individual applicants once all administrative checks on all plans have been completed. The person named has received the first instalment of his payment and my officials expect to release the remaining 25% shortly.

John Deasy

Ceist:

450 Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the reason a number of applicants involved in the dispute over commonage land at Glenahiry, Clonmel, County Waterford were awarded their single payment applications while others were not; the attempts he has made to have this matter resolved; and if he will make a statement on the matter. [24678/09]

In 2005, Ireland adopted a fully decoupled area based scheme, the Single Payment Scheme, which was based on the average monetary value of all subsidies paid to farmers during the reference period years (2000, 2001 & 2002) divided by the average number of hectares held during these years. Under EU Regulations governing the implementation of the Single Payment Scheme, an applicant must declare an eligible hectare for each Single Payment entitlement held in order to benefit from the full Single Payment. This requirement was set out clearly in documentation provided to farmers each year since the introduction of the Single Payment Scheme in 2005.

In relation to commonage lands at Glenary, there is an ‘over-claim' involving various parties and the overall area of land claimed exceeds the area of land on the Commonage. In such circumstances the Department is obliged under EU legislation to establish who are the applicants with rights to claim the Single Payment Scheme.Payments in respect of Glenary and to ensure that each of the eligible applicants has an eligible hectare of land per entitlement claimed. Such ‘over-claims' have been common throughout Ireland in relation to commonages since the introduction of area based payments.

There have been many other disputes relating to commonages around the country and the vast majority of these have been resolved through a combination of involvement by this Department and the required flexibility from the parties involved. A similar approach was adopted in relation to Glenary as has been successful in resolving the vast majority of such disputes.

In anticipation of moving to this scheme, and having regard to the title/claims on this mountain, a public meeting was called to attempt to resolve the position in relation to Glenary. This was done at the behest of and in co-operation with all parties and a meeting was held in Clonmel, attended by all parties. Unfortunately, my Department's efforts at that meeting and subsequently have not yielded an agreement under which payments can issue.

My Department remains committed to resolving this matter in the same way as has proved successful in relation to other commonages throughout the Country. I can confirm that parties who have requested in writing to be paid on their other land (while withdrawing without prejudice their claim to the unregistered portion of Glenary Commonage from their applications) have been paid on such areas only, pending a resolution of the overall dispute in relation to the Commonage. Some applicants have been able to prove their right to claim a small portion of the Commonage and have been paid accordingly.

Export Permits.

Denis Naughten

Ceist:

451 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the reason his officials cannot provide export permits to traders (details supplied) for Saturday sales at a mart in County Roscommon but can provide such facilities at other marts; if he will review this policy to facilitate the issuing of such permits on a Saturday; and if he will make a statement on the matter. [24729/09]

The service provided by my Department for the export of cattle involves a considerable amount of checking on the transport vehicle(s), documentation, identification of the cattle, fitness for transport, and health status, as well as preparing the health certificate to accompany the consignment and sending a notification of the details of the export to the Member State of destination via the TRACES system. However in order to make best use of resources, requests to my Department for export services have to be prioritised in line with limitations on staff resources and budgets. On occasions it is not possible to provide all the requested services, especially at weekends or outside of normal working hours. My Department continues to work with exporters and export points to facilitate the important export trade to the greatest extent possible.

Special Areas of Conservation.

Pat Breen

Ceist:

452 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when he will make a decision on an application (details supplied) in County Clare; and if he will make a statement on the matter. [24737/09]

The area for which the licences are sought is a designated Special Area of Conservation under the EU Habitats Directive and a Special Protection Area under the EU Birds Directive (Natura 2000 site). In the course of assessing the applications a number of complexities have arisen due to the Natura 2000 status of the area. As a result further consultation was necessary with the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government. The applications were referred to that Department for further consideration having regard to the ongoing discussions between the two Departments on the issue of aquaculture activities in Natura 2000 sites generally. That Department has now advised that all operations or activities should be subject to the provisions of Article 6(3) of the EC Habitats Directive as transposed by Regulation 31 of the European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997).

In this regard my Department, together with the National Parks and Wildlife Service, is currently in the process of finalising, with the EU Commission, a plan to deliver compliance of aquaculture activities in Natura 2000 sites with the EU Birds and Habitat Directives. This plan is designed to provide for the continued operation of existing activities while at the same time undertaking a comprehensive data collection programme that will enable all new and renewal applications to be appropriately assessed for the purpose of ensuring compliance with these Directives.

The applications referred to by the Deputy will fall to be considered in the context of the above general arrangements as well as other issues specific to their circumstances.

Aquaculture Licences.

Ruairí Quinn

Ceist:

453 Deputy Ruairí Quinn asked the Minister for Agriculture, Fisheries and Food the reason a company (details supplied) received over €136,000 in grant aid from Bord Iascaigh Mhara through the National Development Plan in 2006 when this company is operating at a site at Freaghillaun Island, County Galway, where no licence has ever existed; and if he will make a statement on the matter. [24937/09]

I am informed by An Bord Iascaigh Mhara that the reason why the company received a grant of circa €136,000 in grant-aid was to develop a salmon farm on a site in Ardbear Bay, Co Galway. The licensing situation in relation to the company is currently being examined in conjunction with the Offices of the Chief State Solicitor and the Attorney General. A preliminary examination would indicate that a licence did not issue to the company. However, an approval for such a licence issued to the applicant on 25 November 1987. Accordingly, the question of authorisation to operate is currently being examined from a legal perspective.

Aquaculture Development.

Ruairí Quinn

Ceist:

454 Deputy Ruairí Quinn asked the Minister for Agriculture, Fisheries and Food his plans on the future grant aiding for salmon aquaculture companies; and if he will make a statement on the matter. [24938/09]

Plans for the future development of salmon aquaculture in Ireland are set out in the strategy document for fisheries called “Steering a New Course, A Strategy for a Restructured, Sustainable, Profitable Irish Seafood Industry 2007-2013”. In that document it is envisaged that the Irish marine finfish farming sector, including salmon farming, could sustainably be developed to an annual output level of 35,300 tonnes by 2015 or thereabouts, the rate of development being depending on a number of factors including the availability of investment capital.

Grant-aid for salmon aquaculture in Ireland is governed under the EU Regulation known as the European Fisheries Fund or EFF. This regulation is given national effect as part of the National Development Plan 2007-2013 under the aegis of the Non Co-Funded Operational Programme for Fisheries 2007-2013. This OP which has been the subject of an SEA (Strategic Environmental Assessment) is currently under consideration by my Department in regard to issues concerning environmental compliance in Natural areas and the control of sea lice in salmon farming.

It is proposed that grant-aiding salmon aquaculture in Ireland will be subject to the terms and conditions set out in the Non Co-Funded Operational Programme for Fisheries 2007-2013.

Ruairí Quinn

Ceist:

455 Deputy Ruairí Quinn asked the Minister for Agriculture, Fisheries and Food the applicants for FEOGA funding for fin fish aquaculture projects, including hatcheries, who were successful; the amount of grant aid awarded to each applicant in each year since Ireland joined the EU; and if he will make a statement on the matter. [24939/09]

Grants from the Guidance section of the FEOGA fund were available for Aquaculture Development in Ireland in the period from Ireland's accession to the EEC in 1973 until circa 1978. In 1978, an interim regulation was introduced providing for funding for aquaculture outside of the FEOGA fund. Due to the historical nature of the FEOGA scheme in so far as it relates to aquaculture and given staffing restrictions, it will take a period of weeks before the relevant information can be obtained from the archives. The data where available will be sent to the Deputy directly.

Aquaculture Licences.

Ruairí Quinn

Ceist:

456 Deputy Ruairí Quinn asked the Minister for Agriculture, Fisheries and Food his plans for a number of salmon farm licences (details supplied) in the western region which are assigned to five separate dissolved companies, some of which have been dissolved for or more than nine years; if he will revoke the licences or immediately assign them to the companies who are currently operating in the listed sites; and if he will make a statement on the matter. [24940/09]

The privileges and obligations associated with an aquaculture licence rest with the holder of that licence and can only be changed following a process of assignment to another party as approved by the Minister. The issue of licences held by the companies mentioned by the Deputy and considered to be dissolved is the subject of ongoing examination by my Department in conjunction with legal advisers.

Aquaculture Development.

Ruairí Quinn

Ceist:

457 Deputy Ruairí Quinn asked the Minister for Agriculture, Fisheries and Food the grants for aquaculture activities, including salmon farming which have been allocated by his Department or any agency acting on behalf of his Department, in accordance with EU programmes or national programmes to companies (details supplied) since 1983; if he will state, in respect of each company, the address of the company, the area of operation for which the grant was awarded, the dates the grant were awarded, the sum of money approved and money granted; and if he will make a statement on the matter. [24955/09]

The question seeks data on projects going back to 1983. The files on many of these projects have been placed in storage at an archive facility. As soon as the information has been retrieved, it will be forwarded to the Deputy.

Grant Payments.

Paul Connaughton

Ceist:

458 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when the REP scheme payment will be awarded to a person (details supplied) in County Galway; and if he will make a statement on the matter. [24961/09]

Payment to the person named issued on 19 June 2009.

Departmental Advertising.

Leo Varadkar

Ceist:

459 Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food if agencies, boards, quangos or other bodies within the remit of his Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by his Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, online advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if he will make a statement on the matter. [24963/09]

Leo Varadkar

Ceist:

460 Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food if his Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by his Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if he will make a statement on the matter. [24978/09]

I propose to take Questions Nos. 459 and 460 together.

There were no advertising campaigns carried out by my Department during the first six months of 2009. The question of advertising campaigns by agencies within the remit of my Department is an operational matter for the bodies themselves.

Grant Payments.

Phil Hogan

Ceist:

461 Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food when the final stage of payment in respect of an applicant under the REP scheme four will be awarded; and if he will make a statement on the matter. [25009/09]

Under EU rules payments in respect of REPS 4 are to be made in two instalments. The first instalment consists of 75% of the total payment due for the year and is paid to individual applicants once all administrative checks on all plans have been completed. The person named has received the first instalment of his payment and my officials expect to release the remaining 25% shortly.

Aquaculture Licences.

Brendan Kenneally

Ceist:

462 Deputy Brendan Kenneally asked the Minister for Agriculture, Fisheries and Food the regulation, legislation or claim under which an estate (details supplied) is being negotiated with by his Department for a lease in the Foyle for aquaculture licensing; if this claim is being challenged, upheld or actively sought to be bought out in view of the fact that the designated cross-Border management agency for the area is established and should not have a third party veto held over; and if he will make a statement on the matter. [25047/09]

My Department is not in direct negotiation with the estate mentioned by the Deputy with regard to a lease in Lough Foyle for aquaculture licensing.

Section 35 of the Foyle and Carlingford Fisheries Act 2007 amends section 3 of the Foreshore Act 1933 to provide that where the Minister grants a foreshore licence to the Foyle, Carlingford and Irish Lights Commission "such licence may, if the terms and conditions of the foreshore licence so provide, permit a person holding a licence under Part VIA of the Foyle Fisheries Act 1952 (an ‘aquaculture licence') in respect of part or all of the area covered by the foreshore licence to do in the area specified in the aquaculture licence concerned any thing permitted by the aquaculture licence as specified in the foreshore licence as being permitted to be done by a person holding such an aquaculture licence, subject to such terms and conditions as may be contained in the foreshore licence."

My Department has held initial discussions with the Loughs Agency with regard to the content of such a foreshore licence and a possible fee payable by the Agency to the State in respect of such a foreshore licence. My Department has had separate discussions with the Loughs Agency and the estate in question with regard to adopting a uniform approach to aquaculture in Lough Foyle. However, any negotiations on a foreshore licence and associated fees will be directly between the Loughs Agency and my Department insofar as the Foyle Area as defined in the 1952 Act is concerned.

Grant Payments.

Christy O'Sullivan

Ceist:

463 Deputy Christy O’Sullivan asked the Minister for Agriculture, Fisheries and Food the reason that County Cork has the slowest record of payment in relation to the farm waste management scheme; and the steps he has taken to improve the situation in view of the hardship endured by many of the applicants. [25081/09]

Payments under the Farm Waste Management Scheme have proceeded very satisfactorily this year with over 13,000 payments having been approved to date in 2009 compared to 12,847 payments in the whole of the 2008 calendar year. Additional staff have been employed in certain areas of the country, including some local offices in Cork, to ensure that the remaining payments to be made under the Scheme are effected as soon as possible.

Fallen Animal Collection Scheme.

Joe McHugh

Ceist:

464 Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food the procedure and standard mechanism for disposing of carcasses of dead animals in view of changes brought about under the fallen animal scheme in the supplementary budget of 7 April 2009; and if he will make a statement on the matter. [25082/09]

My Department's contribution to the Fallen Animals Scheme ceased with effect from Tuesday 14th April 2009. This was as a result of budgetary constraints and also reflects the greatly reduced incidence of BSE in this country. However I did provide continued financial support for the collection of certain dead animals, in particular bovines over 48 months of age, for sampling, as required under the ongoing national BSE surveillance programme.

The disposal of dead farm animals is subject to EU Regulations, notably Regulation (EC) No 1774 of 2002. These regulations require that animals, which die on-farm, must generally be disposed of through approved knackeries and rendering plants. Farmers may continue to use the existing collection network or, in the alternative, may transport dead animals by prior arrangement to approved knackeries, provided they transport the carcasses in leak-proof, covered containers or vehicles.

Burial of fallen animals is only permissible under licence in remote areas i.e. islands and listed mountain/bogland areas. Farmers who wish to bury animals on-farm should apply to their local District Veterinary Office for a burial licence. It is also a legal requirement on all keepers of bovine animals to notify movements of all bovines (live or dead) off their holdings to my Department. With the ending of the Fallen Animals Scheme the cost of collection and rendering for animals not covered by the new scheme is now a matter for negotiation between the individual collectors/rendering plants and their customers.

Within the boundaries of legal requirements my Department is making every effort to facilitate measures to maximise flexibility and enable reduction of costs in the rendering/collection system. This includes allowing cross border trade, permitting direct delivery by farmers to authorised plants, considering removal of some costs currently built into the rendering process and encouraging indigenous use of meat and bone meal (MBM) for energy.

Fisheries Protection.

Caoimhghín Ó Caoláin

Ceist:

465 Deputy Caoimhghín Ó Caoláin asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Questions Nos. 153 and 154 of 17 June 2009, the terms of reference of the research being carried out by the Marine Institute in relation to the pacific oyster here; and if he will make a statement on the matter. [25087/09]

The study in question is being undertaken by the Marine Institute, with others, and was commissioned by the Environmental Protection Agency. As such my Department has no role in relation to the terms of reference for the study.

Grant Payments.

Michael Ring

Ceist:

466 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if he will investigate the reason a person (details supplied) in County Mayo was not awarded payment for all the animals applied for under the suckler cow welfare scheme; when the remaining amount will be awarded; and the reason his Department did not send out the necessary paperwork to rectify this. [25200/09]

The person named has 16 animals for consideration under the 2008 Suckler Welfare Scheme. Payment has issued for ten of the animals. The remaining six animals were rejected for payment as they were registered outside the 27-day limit under the scheme. The other three animals are awaiting disbudding details, and one of these three also has a query as its dam was slaughtered before the date of weaning. Two query letters issued to the person named on 19 June 2009. Due to an administrative error, earlier notification regarding the six animals in question did not take place.

Pension Provisions.

Lucinda Creighton

Ceist:

467 Deputy Lucinda Creighton asked the Minister for Education and Science the reason a person (details supplied) in Dublin 6 has been charged the pension levy. [24682/09]

Under section 2 of the Financial Emergency Measures in the Public Interest Act 2009 a person is liable to pay the pensions-related deduction if he or she is a public servant on or after 1 March 2009 and is a member of a public service pension scheme, is entitled to a benefit under such a scheme or receives a payment in lieu of membership of such a scheme. Therefore, even if a person is not a member of a public service pension scheme, he or she is subject to the deduction if he or she is a member of another public service pension scheme, is entitled to a benefit under such a scheme (eg has a preserved benefit, is in receipt of a pension from another public service pension scheme or if he or she is entitled to a non-pensionable gratuity) or receives a payment in lieu of membership.

The application of the legislation is the primary responsibility for the institution administering the pension scheme. In the case to which you refer, it is a matter for Trinity College to decide whether or not the deduction is applicable to the person in question. It should be noted, however, that under section 6 of the Act, if a person does not accrue a superannuation benefit in respect of this service at the time of his or her ceasing to be a public servant, the deduction is refundable to him or her.

School Staffing.

Aengus Ó Snodaigh

Ceist:

468 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science if his attention has been drawn to the situation facing a school (details supplied) which on the basis of September 2008 figures will be deemed not to meet the criteria necessary for an allocation of three teachers despite an increase in its enrolment numbers for September 2009; if he will intervene to secure the three teaching posts; and if he will make a statement on the matter. [24428/09]

Aengus Ó Snodaigh

Ceist:

469 Deputy Aengus Ó Snodaigh asked the Minister for Education and Science if his attention has been drawn to the situation facing a school (details supplied) in County Galway, which on the basis of September 2008 figures will be deemed not to meet the criteria necessary for an allocation of three teachers despite an increase in its enrolment numbers for September 2009; if he will intervene to secure the three teaching posts; and if he will make a statement on the matter. [24429/09]

Denis Naughten

Ceist:

508 Deputy Denis Naughten asked the Minister for Education and Science the situation whereby a school (details supplied) in County Roscommon will lose a teacher from 1 September 2009; if his attention has been drawn to the impact that this will have on the class sizes and on the education of the pupils; the position regarding the appeal by the school; and if he will make a statement on the matter. [24727/09]

Niall Collins

Ceist:

534 Deputy Niall Collins asked the Minister for Education and Science the position regarding a school (details supplied); and if he will make a statement on the matter. [25089/09]

I propose to take Questions Nos. 468, 469, 508 and 534 together.

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 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.

I understand that the schools referred to by the Deputies submitted an appeal to the Primary Staffing Appeal Board. Following consideration of each case at its meeting on 14 May 2009, the Board refused the appeals. The Boards of Management of the schools referred to have been notified in this regard. The primary Staffing Appeal Board operates independently of the Department and its decision is final.

Schools Building Projects.

Enda Kenny

Ceist:

470 Deputy Enda Kenny asked the Minister for Education and Science the position regarding the provision of a new school (details supplied) in Dublin 7; the reason the file was missing for three and a half years, from early 2002 to late 2005, as evidenced by the Freedom of Information file supplied on a request by school authorities; and if he will make a statement on the matter. [24431/09]

I am advised that the file for the school in question was not missing. I understand the Deputy may be referring to a comment on the file which was released under the Freedom of Information Act referring to lack of progress in the case. The lack of progression of the site issue was impeded as the initial search for a greenfield site in the area had not been successful. My officials have had several meetings recently with the relevant stakeholders with a view to examining how the existing school can be accommodated on the current site.

Terence Flanagan

Ceist:

471 Deputy Terence Flanagan asked the Minister for Education and Science the proposed start date for the building of a school (details supplied) in County Dublin; and if he will make a statement on the matter. [24432/09]

Terence Flanagan

Ceist:

472 Deputy Terence Flanagan asked the Minister for Education and Science if he will confirm that a school (details supplied) in County Dublin will be built on a site; and if he will make a statement on the matter. [24434/09]

I propose to take Questions Nos. 471 and 472 together.

The provision of a new building for the school to which the Deputy refers necessitates the acquisition of a greenfield site. This is actively being pursued by my Department. Due to the commercial sensitivities attaching to site acquisitions generally, I am not in a position to comment further on this aspect of the matter at this time.

Once a site has been acquired, the advancement of a building project will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on my Department's capital budget, it is not possible to give an indicative timeframe for the progression of the project at this time.

School Accommodation.

Terence Flanagan

Ceist:

473 Deputy Terence Flanagan asked the Minister for Education and Science his views on whether there are adequate secondary school places in the Lucan area of County Dublin; the population projections his Department has made for the demand in second level places in this area; and if he will make a statement on the matter. [24435/09]

My Department is satisfied that there is adequate capacity at post-primary level in Lucan in the short to medium term.

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 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. Post-primary requirements in the Lucan area will be considered in this context.

Schools Building Projects.

Terence Flanagan

Ceist:

474 Deputy Terence Flanagan asked the Minister for Education and Science the timeframe for the extension of a college (details supplied) in County Dublin; and if he will make a statement on the matter. [24437/09]

It is my Department's intention to increase capacity at the school to which the Deputy refers to 1,000 pupil places. The building project is awaiting the appointment of a Design Team.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

School Staffing.

Sean Sherlock

Ceist:

475 Deputy Seán Sherlock asked the Minister for Education and Science if a school (details supplied) in County Cork is to lose a mainstream teacher based on pupil intake figures for 2008 which are set to increase by 16 pupils for the 2009-2010 school academic year; and if he will make a statement on the matter. [24449/09]

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 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.

I understand that the school referred to by the Deputy submitted an appeal to the Primary Staffing Appeal Board. Following consideration of the case at its meeting on 14 May 2009, the Board decided to sanction the retention of the mainstream teaching post referred to by the Deputy. The Board of Management of the school has been notified in this regard.

Schools Building Projects.

Sean Sherlock

Ceist:

476 Deputy Seán Sherlock asked the Minister for Education and Science the status of an application under the school building programme by a school (details supplied) in County Cork; and if he will make a statement on the matter. [24450/09]

The application to which the Deputy refers has been assessed in the Planning and Building Unit of my Department in accordance with the published prioritisation criteria for large scale building projects. It has been assigned a Band 2 rating under these criteria.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Special Educational Needs.

Finian McGrath

Ceist:

477 Deputy Finian McGrath asked the Minister for Education and Science if a school (details supplied) in Dublin 5 will be supported. [24453/09]

Finian McGrath

Ceist:

478 Deputy Finian McGrath asked the Minister for Education and Science if a school (details supplied) in Dublin 5 will be supported. [24454/09]

I propose to take Questions Nos. 477 and 478 together.

I wish to advise the Deputy that my Department has considered the correspondence submitted by the schools in question appealing the decision to suppress a class for pupils with a Mild General Learning Disability (MGLD) in each school. My Department recently advised both schools that the decision to suppress the classes remains.

All children with MGLD who are in the classes being suppressed will be able to receive teaching support through the teaching resources allocated to primary schools under the General Allocation Model. Schools decide themselves how best to use this allocation based on the needs of the pupils and how to adjust their support in line with the changing needs of pupils as they mature. My Department provided a circular SP ED 02/05 to schools to assist them in deploying the General Allocation Model resources.

There may be instances where children who are enrolled in a MGLD classes fall within the low incidence disability category. These children may qualify for resource teaching support through the National Council for Special Education (NCSE) and it is open to the schools to liaise with the local Special Educational Needs Organiser (SENO) in this regard.

My Department promotes a continuum of assessment and intervention. These interventions range from support from the classroom teacher and support from the resource / learning support teacher. Where a school considers that these interventions are not meeting the child's needs they should seek the advice of their National Educational Psychological Service (NEPS) psychologist. Schools without an assigned NEPS psychologist can avail of the Scheme for Commissioning Psychological Assessments. Advice may also be sought from the local Special Educational Needs Organiser.

School Accommodation.

Terence Flanagan

Ceist:

479 Deputy Terence Flanagan asked the Minister for Education and Science the number of places which will be available in a second level school (details supplied) in County Dublin; and if he will make a statement on the matter. [24456/09]

The new post primary school to which the Deputy refers is currently under construction. When completed, it will cater for 1,000 pupils.

Schools Building Projects.

Terence Flanagan

Ceist:

480 Deputy Terence Flanagan asked the Minister for Education and Science the catchment area for a school (details supplied) in County Dublin; and if he will make a statement on the matter. [24457/09]

The school to which the Deputy refers is located in an area which is the subject of a Strategic Development Zone (SDZ). The planning scheme for the SDZ, which is endorsed by An Bord Pleanála, requires that housing and supporting infrastructure, including schools, be provided in a phased manner.

It is a condition of the SDZ that at completion of phase 2 (maximum of 1,800 housing units) a primary school of 8 classrooms or a post-primary school of 12 classrooms be in place. Subsequent phases require the provision of further school accommodation.

Two sixteen classroom primary schools have been delivered by my Department and these are in operation. The post primary school to which the Deputy refers is due to open this September.

While the post primary school is being delivered primarily to meet the needs of the SDZ, it is adjacent to the Lucan area and it can act to relieve pressure for post primary pupil places for that area if necessary pending the delivery of a further planned post primary school for the Clonburris area of Lucan.

Terence Flanagan

Ceist:

481 Deputy Terence Flanagan asked the Minister for Education and Science the position regarding a matter (details supplied); and if he will make a statement on the matter. [24458/09]

Based on current demographic trends my Department anticipates that there will be a need for a further post-primary school in the area concerned in the medium term and has been in contact with the relevant local authority regarding a potential site for future educational provision in the area.

My Department has inspected the various site options identified by the local authority and is currently considering these options.

Special Educational Needs.

Terence Flanagan

Ceist:

482 Deputy Terence Flanagan asked the Minister for Education and Science the reason a home tuition grant was refused for a child (details supplied); if he will reconsider this case; and if he will make a statement on the matter. [24459/09]

Home tuition was not sanctioned for the child in question as the application did not meet the criteria under the terms of the home tuition scheme. Additional information submitted in support of the application is under consideration by officials in my Department. A decision will be conveyed to the parent as soon as this process is completed.

School Staffing.

John Perry

Ceist:

483 Deputy John Perry asked the Minister for Education and Science if he will reverse the decision to cut three teachers and a classroom assistant from a school (details supplied) in County Leitrim; and if he will make a statement on the matter. [24468/09]

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 and in view of the ominous financial circumstances that we are facing I am not in a position to reverse any of the decisions taken.

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 is required to organise its subject options within the limit of its approved teacher allocation. The deployment of teaching staff, the range of subjects offered and ultimately the quality of teaching and learning are in the first instance a matter for the Board of Management of the school.

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. An application for curricular concessions was received in my Department from the school referred to by the Deputy. The school has been notified of the outcome.

The allocation processes also include appellate mechanisms under which schools can appeal against their allocation of teachers. 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. The school in question did not lodge an appeal.

Discrete allocations are also made to schools to cater for pupils with Special Educational Needs and those with Language difficulties for example. The National Council for Special Education (NCSE) is responsible through its network of local Special Education Needs Organisers (SENOs), for allocating Special Needs Assistants (SNAs) to 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.

Third Level Fees.

Denis Naughten

Ceist:

484 Deputy Denis Naughten asked the Minister for Education and Science his plans to reintroduce third level fees; and if he will make a statement on the matter. [24506/09]

Richard Bruton

Ceist:

521 Deputy Richard Bruton asked the Minister for Education and Science the options under consideration for the introduction of tuition fees at college; his plans to introduce a green paper for consultation on this subject; if he will give parents reasonable notice of his intention to introduce such fees in order that they have the opportunity to plan their budgets to meet such obligations; and if he will make a statement on the matter. [24882/09]

I propose to take Questions Nos. 484 and 521 together.

As the Deputies will be aware, I am currently finalising a review of policy options relating to the introduction of a form of student contribution. There are many complex and competing considerations including costs, affordability and value for money for the taxpayer which will be taken into account by the Government in considering the available options. I will be providing the technical report to my Cabinet colleagues for consideration in the near future. I do not intend to issue a Green Paper in the matter.

I have already signalled that it is not my intention to recommend that any new form of student contribution should be introduced before 2010. In the event that it is decided to introduce a form of student contribution from a future point, such arrangements would also apply, from that time, to those students who would have entered higher education this year i.e. 2009.

Traveller Education.

Denis Naughten

Ceist:

485 Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Question No. 612 of 6 May 2009, if he will approve an additional traveller resource teacher for the school; and if he will make a statement on the matter. [24507/09]

As the Deputy will be aware, my Department is currently considering an application for additional teaching provision to support a number of traveller children in the school referred to by the Deputy. The application will be examined as quickly as possible and the school authority will be advised of the outcome once the examination has been completed.

Teaching Qualifications.

Denis Naughten

Ceist:

486 Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Question No. 1077 of 24 March, 2009, the timetable for enacting part five; when section 42(5)(b) of the Act will be implemented; if he has received the draft rules under Schedule three of the Act; and if he will make a statement on the matter. [24512/09]

As the Deputy is aware, Part 5 of the Teaching Council Act, 2001 sets out the Council's investigating and disciplinary functions. The Council or any person may apply to the Investigating Committee for an inquiry into the fitness to teach of a registered teacher where; The teacher has failed to comply with or has contravened the Teaching Council Act, 2001, the Education Act, 1998, the Education (Welfare) Act, 2000 or the Vocational Education Acts, 1930 to 1999, or any regulations rules or orders made under those Acts The teacher's behaviour constitutes professional misconduct The teacher's registration is erroneous due to a false or fraudulent declaration or misrepresentation S/he is medically unfit to teach. When it is deemed appropriate to do so, the Council's Disciplinary Committee will conduct a hearing on a complaint referred to it by the Investigating Committee. Such hearings may lead to withdrawal of registration on a temporary or permanent basis. Draft rules of procedure for panels of the disciplinary committee of the Teaching Council, as required in Section 2 of Schedule 3 of the 2001 Act, are currently under consideration in my Department and it is expected that arrangements will be put in place to commence Part 5 shortly.

School Transport.

Rory O'Hanlon

Ceist:

487 Deputy Rory O’Hanlon asked the Minister for Education and Science the cost of transport, including school transport, in the last year for which figures are available; and if he will make a statement on the matter. [24533/09]

My Department's expenditure on school transport for 2008 was €185.725 million. The revised allocation for 2009 is €192 million.

Schools Building Projects.

Michael Ring

Ceist:

488 Deputy Michael Ring asked the Minister for Education and Science if a contractor has been appointed to construct a new school building for a school (details supplied) in County Mayo; and if so, the name of the contractor. [24543/09]

Michael Ring

Ceist:

489 Deputy Michael Ring asked the Minister for Education and Science the position regarding the construction of a new school building in respect of a school (details supplied) in County Mayo. [24544/09]

Michael Ring

Ceist:

490 Deputy Michael Ring asked the Minister for Education and Science the progress made to date since he turned the sod for a project (details supplied) in County Mayo. [24545/09]

I propose to take Questions Nos. 488 to 490, inclusive, together.

I am pleased to inform the Deputy that the project for the school to which he refers was included in my announcement in February 2009 of 43 projects to proceed to tender and construction in 2009.

The Design Team is currently finalising the tender documentation. A contract notice seeking expressions of interest from suitably qualified contractors was published on the State's e-tenders website on 7 May 2009 and short listing of contractors has commenced. The short listed contractors will subsequently be invited to tender for the project once the tender documentation has been finalised and approved.

Site Acquisitions.

Ruairí Quinn

Ceist:

491 Deputy Ruairí Quinn asked the Minister for Education and Science further to Parliamentary Question No. 201 of 23 April 2009, if the delay in agreeing a memorandum has been resolved; if they involve legal complications which require clarification from the Attorney General; and if he will make a statement on the matter. [24551/09]

My Department is awaiting a response from the City and County Managers Association in relation to their agreement on the terms of a draft memorandum of understanding on the site acquisition process. My Department has and will continue to consult with the Chief State Solicitors Office, given their role as the Department's property advisers, before submitting recommendations to me on the matter.

Schools Recognition.

Ruairí Quinn

Ceist:

492 Deputy Ruairí Quinn asked the Minister for Education and Science the recognition status of a school (details supplied) in County Clare; if he will recognise that this is the only multi-denominational school in north Clare and thus is essential for catering to those of minority faiths and none in the area; if his Department recently conducted an inspection of the school; the conclusions reached by the inspector; and if he will make a statement on the matter. [24582/09]

The inspection of the school referred to by the Deputy is not yet completed. My Department will be extending the provisional recognition of the school for a further school year and a detailed letter has issued to the school authorities in this regard.

School Transport.

Tom Hayes

Ceist:

493 Deputy Tom Hayes asked the Minister for Education and Science if he will review the school transport programme in respect of south Tipperary for the new school year in September 2009. [24592/09]

I wish to advise the Deputy that the planning and organising of school bus routes is an operational matter for Bus Éireann.

School bus routes are planned in such a way as to ensure that, as far as possible, eligible pupils have a reasonable level of service while at the same time, ensuring that school transport vehicles are fully utilised in an efficient and cost effective manner. In general, services are reviewed by Bus Éireann over the summer months to take account of pupils entering and exiting the school transport scheme.

If the Deputy has any specific routes or cases in mind, my Department will be pleased to have them investigated.

Schools Building Projects.

Dinny McGinley

Ceist:

494 Deputy Dinny McGinley asked the Minister for Education and Science if approval has been given for the refurbishment and extension of a school (details supplied) in County Donegal; the extra accommodation being provided; when it is expected that work will commence on this project; and if he will make a statement on the matter. [24594/09]

Finian McGrath

Ceist:

501 Deputy Finian McGrath asked the Minister for Education and Science when a school (details supplied) in County Donegal will progress to the next stage of tender and construction. [24633/09]

I propose to take Questions Nos. 494 and 501 together.

The building project for the school to which the Deputies refer is at an advanced stage of architectural planning. As well as significant refurbishment of the existing school building, the additional accommodation to be provided is as follows: two classrooms with storage; GP room; library/resource room with storage; remedial room; and administration and staff room.

The progression of all large scale 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 the current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the further progression of the project at this time.

School Management.

Ruairí Quinn

Ceist:

495 Deputy Ruairí Quinn asked the Minister for Education and Science further to Parliamentary Question No. 187 of 28 May 2009, if he will provide the name, address and roll number of each primary school owned by bodies (details supplied); and if he will make a statement on the matter. [24606/09]

As I indicated to the House on the 12 June 2009, I have asked my Department to go through individual school files and compile the ownership information for all schools into an accessible format for presentation. I am advised that it will take some time to collate the information and complete this exercise. As soon as this has been completed, I will arrange to forward the information to the Deputy.

Paul Kehoe

Ceist:

496 Deputy Paul Kehoe asked the Minister for Education and Science when a decision will be made regarding the group who will act as patrons for the proposed new secondary school in an area (details supplied); and if he will make a statement on the matter. [24608/09]

The management structure for the proposed new school to which the Deputy refers is under consideration in my Department and a decision will be taken in this matter in due course.

State Examinations.

Jim O'Keeffe

Ceist:

497 Deputy Jim O’Keeffe asked the Minister for Education and Science the steps he will take to ensure that undue pressure is not put on leaving certificate students who have to sit, in some instances, three exams on the one day; if his attention has been drawn to the number of such students involved in such situation; and if special consideration will be given to those affected. [24609/09]

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations including the publication of the timetable for the oral, practical and written examinations.

The leaving certificate examination timetable is developed and finalised each year following extensive consultation with all of the education partners involved, including representatives of school management bodies, teacher groups and parents. The timetable for the leaving certificate examination reflects several important considerations including the length of the school year, which limits to 13 days the time available for the conduct of the written tests in June. The written examinations take place over 13 days in June each year, during which period 49 individual leaving certificate subjects are tested, three of which encompass double exam question papers (Irish, English and Mathematics). The 13 days are in turn divided into two sessions per day, morning and afternoon, providing a total of 26 examination sessions to accommodate the 52 examination papers in question.

In these circumstances the Commission's approach of scheduling the most populous subjects, that is, those taken by large numbers of candidates in comparison to other subjects, at the start is designed to allow candidates both a wide curriculum choice and to provide that the potential for situations, where candidates have to sit examinations in three subjects on one day is minimised to the greatest extent possible.

In the interests of candidates every consideration is, of course, given to arranging that the potential for such situations is minimised and the commission is mindful of emerging and changing patterns of subject selection by examination candidates in developing and finalising the timetable for the written examinations each June. However, given the timeframe in which the written examinations are required to be held, the number and duration of the examinations, and the wide subject choices available to candidates it is not possible to avoid a situation where some subjects, are timetabled concurrently.

In 2009 this situation arose in the case of some 100 candidates out of the total of more than 55,000 candidates. In these cases a balance must be found between protecting the integrity of the examination, which entails inter alia all candidates nationally sitting their examinations at the same time, and allowing the candidate to have access to a state examination within the prescribed examination period. Appropriate arrangements are made, therefore, in consultation with the school authorities for the candidate to sit one of the subjects later in the day of the date scheduled for that subject. This involves examination superintendents making arrangements so that the affected candidates do not have any opportunity to access the examination paper taken by the generality of candidates earlier that day.

School Transport.

Sean Sherlock

Ceist:

498 Deputy Seán Sherlock asked the Minister for Education and Science if a person can purchase a one way ticket for school transport in view of the fact that in many cases secondary school students are availing of after school facilities; and if he will make a statement on the matter. [24622/09]

The school transport system is arranged on the basis of return journeys to and from school and arrangements are put in place to ensure each pupil travelling on a school transport service is allocated an individual seat. This level of service is necessary to ensure each pupil has a comfortable and safe journey to and from school.

The school transport scheme, which is operated by Bus Éireann on my Department's behalf, is a major logistical operation that facilitates the transportation of over 135,000 children to primary and post-primary schools each day; it involves about 42 million journeys and over 82 million kilometres on 6,000 routes every school year.

While I appreciate the Deputy's concerns, it is necessary for second-level students to pay the charges for the full service even where they do not intend to avail of the service for their journey home from school.

Special Educational Needs.

Finian McGrath

Ceist:

499 Deputy Finian McGrath asked the Minister for Education and Science if a person (details supplied) will be supported. [24623/09]

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.

Billy Timmins

Ceist:

500 Deputy Billy Timmins asked the Minister for Education and Science the position in relation to a school (details supplied) in County Wicklow; if their request will be sanctioned; and if he will make a statement on the matter. [24627/09]

I wish to advise the Deputy that my Department has considered the correspondence submitted by the school in question appealing the decision to suppress a class for pupils with a mild general learning disability, MGLD, in the school. My Department recently advised the school that the decision to suppress the class remains.

All children with MGLD who are in the class being suppressed will be able to receive teaching support through the teaching resources allocated to primary schools under the general allocation model. Schools decide themselves how best to use this allocation based on the needs of the pupils and how to adjust their support in line with the changing needs of pupils as they mature. My Department provided a circular SP ED 02/05 to schools to assist them in deploying the general allocation model resources.

My Department promotes a continuum of assessment and intervention. These interventions range from support from the classroom teacher and support from the resource / learning support teacher. Where a school considers that these interventions are not meeting the child's needs they should seek the advice of their National Educational Psychological Service, NEPS, psychologist. Schools without an assigned NEPS psychologist can avail of the scheme for commissioning psychological assessments. Advice may also be sought from the local special educational needs organiser.

Question No. 501 answered with Question No. 494.

School Staffing.

Brian Hayes

Ceist:

502 Deputy Brian Hayes asked the Minister for Education and Science the number of principals and deputy principals who have informed his Department of their decision to retire from their position to date in 2009 in both primary and post primary schools; and if he will make a statement on the matter. [24651/09]

At 19 June 2009 a total of 289 school principals (230 primary school and 59 secondary, community and comprehensive schools) had formally advised my Department of their retirement during 2009. The corresponding total in the case of deputy principals is 205 of which 166 are primary and 39 are secondary, community and comprehensive. The figures for post-primary teachers do not include VEC teachers where the retirements and pension benefit awards are made by the relevant VEC.

School Curriculum.

Brian Hayes

Ceist:

503 Deputy Brian Hayes asked the Minister for Education and Science if he will confirm that those schools who were previously given approval to put in place the LCVP course from September 2009 have now seen that decision reversed by way of a letter sent from his Department on 10 June 2009; the number of post primary schools affected by this decision; the amount spent to date in terms of training teachers for this course in the schools involved; the number of schools who provide this course; and if he will make a statement on the matter. [24652/09]

My Department received applications from ten second level schools for approval to participate for the first time in the LCVP programme from the commencement of the 2009/10 school year. In response to the applications, a number of the schools involved received school visits from members of the LCVP support services to discuss their proposed participation in the programme.

My Department recently responded to the applications of the ten schools and has advised these schools that for budgetary reasons in relation to overall teacher numbers it is not possible to provide for the expansion of the LCVP programme to new schools in 2009/10. However, any of these schools who wish to provide the programme from within their existing staffing resources will be facilitated by my Department.

Approval for the 508 schools already participating in the LCVP programme has not been affected.

Special Educational Needs.

Billy Timmins

Ceist:

504 Deputy Billy Timmins asked the Minister for Education and Science the position in relation to a person (details supplied) in County Wicklow; if, in view of the circumstances, the special needs assistant will be sanctioned; and if he will make a statement on the matter. [24679/09]

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 Staffing.

Brian Hayes

Ceist:

505 Deputy Brian Hayes asked the Minister for Education and Science the number of applications that have been received by the 1 June 2009 deadline for the early retirement scheme announced in the 2009 budget; and if he will make a statement on the matter. [24724/09]

The closing date for the receipt of applications for the incentivised scheme of early retirement, announced in the Budget Statement of 7 April 2009, is 1 September 2009. Information on the number of applications received under the scheme will be available shortly after that date.

Schools Building Projects.

Emmet Stagg

Ceist:

506 Deputy Emmet Stagg asked the Minister for Education and Science if he has received correspondence from the board of management of a school (details supplied) in County Kildare; if he will provide the information requested; and if he will sanction the progression of the school to the next stage. [24725/09]

Bernard J. Durkan

Ceist:

541 Deputy Bernard J. Durkan asked the Minister for Education and Science if he has received recent correspondence from the Board of Management of a school (details supplied) in County Kildare; his plans to address these issues as a matter of urgency; and if he will make a statement on the matter. [25230/09]

I propose to take Questions Nos. 506 and 541 together.

I can confirm to the Deputy that my Department is in receipt of the correspondence referred to and a response will issue in due course.

The school's application for large scale capital funding has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a band 2 rating.

The progression of all large scale building project, including a project for this school, from initial design through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Emmet Stagg

Ceist:

507 Deputy Emmet Stagg asked the Minister for Education and Science if the contract has been signed for a new national school at a location (details supplied) in County Kildare; the value of the contract; the contractor chosen; and the date the construction will commence on site. [24726/09]

I am pleased to inform the Deputy that a contract has been placed for the new school to which he refers. I am not in a position to name the winning Contractor or the contract sum at this point due to commercial sensitivity but I can confirm that it is a multi-million euro investment by my Department in a state-of-the-art primary school facility. The successful contractor expects to commence work on site early next month.

Question No. 508 answered with Question No. 468.

School Staffing.

Denis Naughten

Ceist:

509 Deputy Denis Naughten asked the Minister for Education and Science if he will change the criteria of the appeal board to allow for a more flexible approach to be taken in determining appeals brought by schools in view of the impact that the loss of such appeals will have on the pupil-teacher ratio; and if he will make a statement on the matter. [24728/09]

It is open to any Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was originally established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria for appeal of mainstream staffing are contained in the staffing schedule, Circular 0002/2009.

In light of the Budget 2009 decision my Department has now published a circular for schools, Circular 0015/2009, which sets out how the new arrangements will operate for the allocation of language support teachers from September 2009. The circular sets out a structured and transparent approach for the operation of the alleviation measures that were announced in the budget for schools that have a significant concentration of newcomer pupils. The alleviation measures mean that these schools can qualify for up to 4 language support (EAL) posts with the possibility of additional post(s) also being approved through the independent staffing appeals mechanism.

The process of allocating mainstream and EAL posts is a fair and equitable method of distributing valuable resources. I am satisfied that the current criteria for appealing the allocation of these posts allows for a transparent and objective method of addressing a range of specific challenges faced by schools. It is open to the Appeal Board to make recommendations in relation to the appeal criteria from time to time and the operation of the appeals process is kept under regular review in my Department.

The Appeal Board normally meets in May, June and October 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. In order to facilitate the additional appeals arising from the inclusion of EAL appeals under circular 0015/2009, the Board will hold an additional meeting in August this year. The closing date for receipt of appeals for this meeting is 31 July 2009. The Appeal Board operates independently of the Department and its decision is final.

School Management.

Ulick Burke

Ceist:

510 Deputy Ulick Burke asked the Minister for Education and Science if, in the context of the new lease arrangements between his Department and the trustees of a school (details supplied) in County Galway he will appoint a new board of management in response to the new trustees; if the school will be coeducational from the start of the new school year in September 2009; and if he will make a statement on the matter. [24731/09]

Ulick Burke

Ceist:

536 Deputy Ulick Burke asked the Minister for Education and Science if he will consult with and involve the partners in education in the development and continuation of education at second level following the proposed lease of a school (details supplied) in County Galway from the current trustees to his Department; his views on the intake of first year boys in September 2009; if he will make provision for the necessary minor alteration for such change in the event that the trustees agree to the change; and if he will make a statement on the matter. [25102/09]

I propose to take Questions Nos. 510 and 536 together.

The school to which the Deputy refers will be closing in 2012 and the intention is to establish a new post primary school in the same premises. The trustees have agreed, in principle, to enter into a lease arrangement with my Department for the existing building and site to facilitate this. Officials recently met with the Trustees and their legal advisers to discuss the terms and conditions of the lease. These discussions are on-going with a view to concluding these matters as soon as possible. The issue of Patronage of the new school will be dealt with in due course by my Department. Pending the establishment of the new school, the school will continue to operate under its existing management and admissions model.

School Accommodation.

Ulick Burke

Ceist:

511 Deputy Ulick Burke asked the Minister for Education and Science the details of the lease made between his Department and the trustees of a school (details supplied) in County Galway; when the lease was signed; the length of the lease; the cost per annum to his Department; and if he will make a statement on the matter. [24732/09]

The Trustees have agreed in principle to enter into a lease arrangement with my Department for the existing school building and site. Officials from my Department recently met with the Trustees and their legal advisers to discuss the terms and conditions of the lease. Discussions are ongoing between the Trustees and my Department with a view to concluding these matters as soon as possible.

Special Educational Needs.

David Stanton

Ceist:

512 Deputy David Stanton asked the Minister for Education and Science if he has carried out an audit of the number of students with special needs in schools here; if so, if this information has been published; and if he will make a statement on the matter. [24753/09]

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 to schools to support children with special needs. My officials have been in contact with the National Council for Special Education (NCSE) regarding the compilation of data in relation to the number of children with special educational needs in schools and the number of children who have been allocated resources. The NCSE has advised that the most up to date figures available in this regard are published in the 2007 Annual Report which is available on www.ncse.ie.

School Enrolments.

David Stanton

Ceist:

513 Deputy David Stanton asked the Minister for Education and Science if he has carried out a study into the admissions policy of schools; and if he will make a statement on the matter. [24754/09]

An audit of school enrolment policies which looked at issues such as the enrolment of traveller children, newcomer children and children with special education needs in almost 2,000 schools at primary and post-primary level was carried out in 2007. The results were published on my Department's website in April 2008. The audit also looked at the written enrolment policies of a proportion of these schools and, more tellingly, how these policies translate into practice in terms of actual enrolment patterns.

At a general level, the audit finds no evidence of any system wide enrolment practices that give rise to concern. The audit does give rise to wider policy questions relating to:

The need for enhanced information for parents about their rights should a school refuse to enrol their child.

Those aspects of the written enrolment policies of schools which may be deemed exclusionary, e.g. pre-enrolling children from birth or providing preference to children of past pupils, thereby putting newcomers to communities at a disadvantage.

The potential for improved inter-school co-operation in a given area in order to address enrolment anomalies.

Possible proposals for intervention in local admissions where inter-school co-operation is not achieved.

How identified problems can best be addressed.

A process of consultation with the main education partners on possible follow-up policy responses has also taken place. As part of this consultation process, specific questions were posed around the policy issues and possible approaches identified above. The responses received under the consultation process are being considered and it is my intention to take account of all views expressed before formulating specific proposals for action in order to address any anomalous enrolment practice that has been identified by the audit.

Schools Building Projects.

Ruairí Quinn

Ceist:

514 Deputy Ruairí Quinn asked the Minister for Education and Science the breakdown by band of the number of schools at each stage of the school building programme in separate tables for primary and post-primary projects in respect of the school years ending June 2008 and June 2009 respectively; the number of schools that are at stage three of the building programme; the number of schools at stage four of the building programme; the number of projects that have been successfully re-tendered in the past 12 months; the number of projects that have been put out to re-tender but have yet to be successfully completed as of June 2009; and if he will make a statement on the matter. [24757/09]

The information sought by the Deputy in relation to the school building programme is being assembled in my Department and I will arrange to have it forwarded to the Deputy as soon as possible. I can confirm that 24 schools were authorised to re-tender within the last twelve months. However, to date, none of these projects has been completed.

English Language Schools.

Denis Naughten

Ceist:

515 Deputy Denis Naughten asked the Minister for Education and Science his plans to regulate English language schools and further education establishments for immigrants; and if he will make a statement on the matter. [24763/09]

English language schools and institutions offering international education are providers of an important service for thousands of learners who wish to enhance their education. The sector is also a major contributor to the Irish economy and recent estimates put its total economic impact at around €500 million. It is important, therefore, that institutions offering English language courses and other programmes of education to international students should operate in a regulatory environment which is robust and appropriate, and which has credibility both domestically and in the international market.

The existing regulatory regime for English language schools is operated by ACELS — the Advisory Council for English Language Schools — a body under the aegis of my Department. Institutions offering English language programmes must meet a set of standards in areas such as learning and teaching provision, teacher qualifications, premises and facilities. Compliance with these standards is assessed through an inspection regime operated by ACELS. Only programmes of education which meet these standards, and have been subject to inspection can be added to my Department's internationalisation register, which allows access by non-EEA students to employment, subject to certain conditions.

I am planning to introduce new arrangements for the promotion, marketing and regulation of the international education sector. As I have previously told the House, as part of these new arrangements, the National Qualifications Authority of Ireland will be taking on responsibility for the development of further regulation of the international education sector, including the English language sector. This will include the development of a Quality Mark and a code of practice for international education providers. I am currently exploring the possibility of using the forthcoming Qualifications (Education and Training) Bill to provide a statutory underpinning for these developments.

Schools Building Projects.

Niall Collins

Ceist:

516 Deputy Niall Collins asked the Minister for Education and Science the status of a building project (details supplied) in County Limerick; and if he will make a statement on the matter. [24788/09]

As the Deputy may be aware, I announced in January 2009 that the project for the school in question was to proceed to re-tender and construction. The Stage 2B (Detailed Design) submission was received by my Department from the school on the 15th of June and is currently being examined. My officials will revert to the school authorities as soon as possible regarding further progress.

Michael D'Arcy

Ceist:

517 Deputy Michael D’Arcy asked the Minister for Education and Science if his officials have met with planning officials from Wexford County Council in respect of the preparation of a planning application for the new public private partnership school announced for Gorey in the appropriate bundle; and if he will make a statement on the matter. [24876/09]

Michael D'Arcy

Ceist:

518 Deputy Michael D’Arcy asked the Minister for Education and Science if his officials have met with planning officials from Wexford County Council for the preparation of a planning application in respect of the new public private partnership school announced for Gorey; the time schedule for the planning application to be lodged; and if he will make a statement on the matter. [24877/09]

I propose to take Questions Nos. 517 and 518 together.

Officials from the National Development Agency and Technical Advisors appointed for the procurement of the 3rd Bundle of schools to be delivered via Public Private Partnership met with planning officials from Wexford County Council to discuss the provision of a new post primary school on the Gorey site earlier this month. Work on the preparation of the outline planning application is ongoing within my Department and it is intended that the application will be submitted as soon as possible.

Departmental Correspondence.

Ruairí Quinn

Ceist:

519 Deputy Ruairí Quinn asked the Minister for Education and Science, further to Parliamentary Question No. 157 of 14 May 2009, the reason a document dated 4 March 2009 from the Revenue Commissioners is not accepted by his Department or the relevant vocational education committee as proof of residency here in 2006 for a person (details supplied) in County Meath; if he will reconsider the decision which denied their application on the grounds that the said letter was issued in 2009; if he will take cognisance of the fact that the document proves residency in 2006; and if he will make a statement on the matter. [24879/09]

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. While the documentation referred to by the Deputy indicates that the person was earning an income in Ireland during 2006, it does not prove independent residency at the relevant date.

Third Level Charges.

Richard Bruton

Ceist:

520 Deputy Richard Bruton asked the Minister for Education and Science his policy regarding the steady increase in college registration fees over recent years; his views on a ceiling beyond which this universal charge should not go; and if he will make a statement on the matter. [24912/09]

The student services charge is levied by third level institutions to defray the costs of examinations, registration and students services. These services may include on-campus medical and counselling facilities for students, access and disability services, careers office, student facilities, student clubs and societies etc. This charge of €900 for 2008/09 academic year does not represent the total allocation made towards student services from institutions' budgets.

The Government is willing to accept increases in the Student Services Charge to bring it to up to a limit of €1,500 (from €900) for the 2009/10 academic year in individual higher education institutions. The increase in the charge would have the effect of bringing the amount contributed by students more into line with the cost of providing services. This increase of up to €600 is agreed on the understanding that the revenue generated by the level of increase to be adopted by each institution is required to defray the cost of items that fall to be funded by the student services charge.

All students who are eligible for means-tested student grants have the student services charge paid on their behalf by the relevant local authority or VEC, in addition to any maintenance or tuition fee grant to which they are entitled. For the academic year 2008/09, the reckonable income limit applying under the student grant schemes is €49,690 where the number of dependent children in the student's family is three or less, increasing to €59,280 where the number of dependent children in the student's family is eight or more. In addition, where two or more children are pursuing an approved course at the same time, the reckonable income limit may be increased by €4,815 for each additional child.

Question No. 521 answered with Question No. 484.

School Accommodation.

David Stanton

Ceist:

522 Deputy David Stanton asked the Minister for Education and Science if he has made arrangements with an outside agency to ascertain the number of prefabricated buildings in schools here; if so, the details of such an agency. [24887/09]

The agency in question, Kane Crowe Kavanagh (KCK) was appointed following a competitive tendering process to carry out an independent review of my Department's policies and procedures for the provision of temporary classroom accommodation. The review is ongoing and will, inter alia, cover an examination of the contract terms with providers to incorporate buy out, buy back, rental costs and relocation options if local circumstances require it and the investigation of all existing rental contracts between schools and suppliers with a view to identifying action to reduce overall rental costs for my Department. I expect that the review will be completed by the end of 2009.

Alternative Centres of Education.

Michael McGrath

Ceist:

523 Deputy Michael McGrath asked the Minister for Education and Science the position regarding an application by centres (details supplied) for official recognition as alternative centres of education as provided for in the Education Act 1998. [24913/09]

My Department has provided funding for a number of years to the projects referred to by the Deputy towards programme costs, under the Fund for the Development of Targeted Educational Responses to Certain Children at Risk. These projects have also been supported by my Department through an annual allocation of teaching hours under the Co-Operation with Other Institutions Scheme. These projects are among a number of projects which are currently being evaluated by the Evaluation, Support and Research Unit in conjunction with the Inspectorate of my Department. Post-evaluation meetings are currently taking place to provide feedback to the projects involved.

Following the outcome of the evaluation, a decision will be made as to the future arrangements including funding and possible mainstreaming of projects or models of intervention. Depending on the outcome of the evaluation, applications for official recognition as alternative centres of education may then be considered. Projects will be informed in due course in this regard.

School Accommodation.

Michael McGrath

Ceist:

524 Deputy Michael McGrath asked the Minister for Education and Science the position regarding the provision of adequate accommodation in respect of a school (details supplied) in County Cork for the 2009/10 school year. [24915/09]

The school to which the Deputy refers applied to my Department for approval to re-locate to alternative accommodation for the 2009/10 school year. Following my Department's response to the initial application, the school submitted a revised proposal. This has been examined by my Department and it will be in contact with the school authority shortly with its findings.

Educational Disadvantage.

Tom Hayes

Ceist:

525 Deputy Tom Hayes asked the Minister for Education and Science if he will clarify the announcement of 18 May 2009 pertaining to the National Education Welfare Board’s boost in personnel; if the visiting teacher service for travellers will be the only employees of his Department affected by the said announcement; if teachers of this service will continue to be direct employees of his Department; and if the VTST will retain their existing primary teacher terms and conditions. [24916/09]

In May this year I announced plans to expand the remit of the National Educational Welfare Board (NEWB) with effect from the 1st September 2009, to include responsibility for the Home School Community Liaison (HSCL), the School Completion Programme (SCP) and the Visiting Teacher Service (VTS) for Traveller pupils as well as the National Educational Welfare Service. The expanded remit will bring together four individual services under one common management team thereby providing for a single, more focussed, strategic direction at local, regional and national levels reflecting equally the nature and strength of each of the services.

The integration of these services brings together some 750 personnel employed throughout the country under the management of the new expanded NEWB strengthening the functions of the individual services while contributing significantly to the capacity of the NEWB to deliver on its statutory remit. The underlying rationale for this new single strategic approach, acknowledging and utilising the combined strengths and capacities of the four services, is to deliver better outcomes for children, families and schools.

Noel Coonan

Ceist:

526 Deputy Noel J. Coonan asked the Minister for Education and Science the position regarding an application in respect of audio visual equipment for a school (details supplied) in County Tipperary; when a decision will be made; and if he will make a statement on the matter. [24936/09]

I take it the Deputy is referring to the Dormant Accounts-funded Small Scale ICT Scheme for schools included in DEIS (Delivering Equality of Opportunity in Schools).

In April 2007, my Department announced details of this once–off scheme, which was approved for support in 2007 under the Educational Disadvantage category of the Dormant Accounts Fund. Eligibility for the scheme was restricted to the primary and post-primary schools that are participating in my Department's School Support Programme under DEIS. The scheme provides for small-scale grants, primarily for the purchase of the following types of ICT equipment to support children's learning and development: Digital Camera; Digital Video Camera; Laptop; Tablet PC; Other Computer; Data Projector; Interactive Whiteboard (including software); Wireless mouse and keyboard; Educational Software.

The school referred to by the Deputy applied for a grant of €6,500 to purchase 10 computers, 1 digital camera and 1 digital video camera. In October 2007, the Government approved a grant of €6,500. The full grant was paid to North Tipperary VEC in July, 2008.

Special Educational Needs.

Pat Breen

Ceist:

527 Deputy Pat Breen asked the Minister for Education and Science the reason for the decision on the allocation of a special needs assistant to a child (details supplied) in County Clare; if they are entitled to ongoing individual support from the National Council for Special Education; and if he will make a statement on the matter. [24941/09]

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.

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 on 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.

The NCSE will undertake to review a decision taken by a SENO on foot of a request from a school or parents/guardians, when accompanied by relevant additional information, which may not have been to hand at the time of the decision. The NCSE has outlined this process in its Circular 01/05.

The Deputy will be aware that the National Council for Special Education (NCSE) has arranged for its Special Educational Needs Organisers (SENOs) to review Special Needs Assistant (SNA) allocations in all schools with a view to ensuring that the criteria governing the allocation of such posts are properly met.

In this context, my Department recently published circular letter SP ED 0037/2009 on the Department's website www.education.ie. Given the proximity of the end of this school year and, in the light of the fact that those schools yet to be reviewed will have prepared for the new school year in advance of being reviewed, my Department is allowing exceptional transitional arrangements for schools where the SNA allocation is being adjusted. With the exception of cases where a child with SNA support is leaving a school, schools may, if they so wish, retain the existing cohort of SNAs until 31 January 2010. 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 a direct reply.

School Accommodation.

John Deasy

Ceist:

528 Deputy John Deasy asked the Minister for Education and Science the status of the application from a school (details supplied) in County Waterford for additional classroom accommodation; when he will sanction funding for this additional accommodation; and if he will make a statement on the matter. [24958/09]

I am pleased to inform the Deputy that the application for additional accommodation from the school to which he refers has been approved.

My Department is making devolved funding available to the school to meet its needs with a permanent structure. The school authorities have been notified of my Department's decision.

School Staffing.

Joe McHugh

Ceist:

529 Deputy Joe McHugh asked the Minister for Education and Science if he will grant another classroom teacher to a school (details supplied) in County Donegal that will have 35 infants enrolled in the 2009-2010 school year, and will not have enough space in which to teach; and if he will make a statement on the matter. [24962/09]

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 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.

Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30th September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30th September, sanction for the post is withdrawn.

The final position for any one school will depend on a number of other factors such as the additional posts to which I have referred 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.

Departmental Advertising.

Leo Varadkar

Ceist:

530 Deputy Leo Varadkar asked the Minister for Education and Science if agencies, boards, quangos or other bodies within the remit of his Department have carried out advertising campaigns in the first six months of 2009 to promote policies or programmes being implemented by those agencies or by his Department; the details of the campaign or relevant programme; the cost of advertising in publications, broadcast advertising, online advertising, outdoor advertising and other forms of advertising and consultancy or production costs; and if he will make a statement on the matter. [24968/09]

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

Leo Varadkar

Ceist:

531 Deputy Leo Varadkar asked the Minister for Education and Science if his Department has carried out, during the first six months of 2009, advertising campaigns to promote any policies or programmes being implemented by his Department; the name of the campaign or relevant programme; the total cost of advertising in publications, broadcast advertising, outdoor advertising and consultancy or production costs; and if he will make a statement on the matter. [24983/09]

The information requested is outlined in the document below.

Advertisements to promote policies/programmes being implemented by the Department of Education and Science during first six months of 2009

Name of Campaign or Programme

Cost

Scholarships to the European University in Florence

6,920.04

Approval of the Summer Works Scheme — notice to eligible building contractors about forthcoming advertisements on eTenders website

3,996.74

Special Educational Needs.

Tom Hayes

Ceist:

532 Deputy Tom Hayes asked the Minister for Education and Science if special needs assistance will be retained at a school (details supplied) in County Tipperary. [24999/09]

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.

Stay Safe Programme.

Mary O'Rourke

Ceist:

533 Deputy Mary O’Rourke asked the Minister for Education and Science the number of primary schools that operate the Stay Safe Programme. [25016/09]

Continuing Professional Development to support the implementation of the Stay Safe programme is provided by the Child Abuse Prevention Programme (CAPP). Results of a survey on the uptake of Stay Safe carried out by CAPP and my Department in 2006 showed that at that time: 2,514 schools were providing the programme, 472 were not providing the programme, and 263 schools were not teaching the sections on inappropriate sexual contact and secrecy.

Of the 472 schools that were not teaching stay safe, 240 (8.0% of respondents) reported that child abuse prevention was covered as part of the curriculum.

Following this survey my Department has been taking a targeted approach to the provision of training. Two additional primary school teachers were seconded to CAPP in September 2007 to assist with this training which is being directed at those schools that had indicated they are not implementing the programme.

The CAPP support service continue to target schools and the most up to date figures indicate that there remains 157 schools who have not yet availed of training or have yet to be contacted.

Question No. 534 answered with Question No. 468.

Services for People with Disabilities.

Richard Bruton

Ceist:

535 Deputy Richard Bruton asked the Minister for Education and Science when he expects to ratify the United Nations Convention on the Rights of Persons with Disabilities; the action he must take for ratification of this convention to proceed; if an inter-departmental committee has been established; the timeline for implementation; and if he will make a statement on the matter. [25097/09]

An Interdepartmental Committee chaired by the Department of Justice, Equality and Law Reform which includes my Department is currently considering the requirements of the Convention including what action is necessary before ratification can proceed.

Question No. 536 answered with Question No. 510.

Schools Building Projects.

Denis Naughten

Ceist:

537 Deputy Denis Naughten asked the Minister for Education and Science further to the Adjournment Debate of 19 May 2009 regarding schools building projects if he will respond to the issues raised; the steps he is taking to address the crisis; and if he will make a statement on the matter. [25215/09]

As outlined in the response to the Adjournment Debate to which the Deputy refers, the Forward Planning Section of my Department is in the process of identifying the areas where significant additional accommodation will be needed at primary and post-primary levels for future school years.

Factors under consideration include population growth, demographic trends, current and projected enrolments, recent and planned housing developments and the capacity of existing schools to meet the demand for places.

Having considered these factors decisions, will be taken on the means by which emerging needs will be met within an area, including the area to which the Deputy refers.

In the meantime, it is open to school authorities to apply for temporary accommodation to meet immediate needs. None of the schools in question applied for such accommodation for the 2009/10 school year. Funding was provided for two of the schools for additional accommodation for the 2008/09 school year and one of the schools has been approved funding for the replacement of windows under the Summer Works Scheme for 2009.

School Management.

Denis Naughten

Ceist:

538 Deputy Denis Naughten asked the Minister for Education and Science if he will outline other instances and schools which in the past have been identified by his Department to fall into similar problems as a school (details supplied); and if he will make a statement on the matter. [25216/09]

Instances in which a school may have very serious difficulties come to the attention of my Department from time to time. Of the over four thousand schools in the state, only a small number come to the attention of my Department in this way.

While responsibility for general school improvement rests primarily with the staff and board of management of each school and with the school's trustees or patron, a small number of schools may have a limited ability within their own resources to instigate change. In the example referred to by the Deputy, my Department became aware of very serious difficulties across a wide range of areas of the school's work and management. This is most unusual.

Procedures are in place to ensure that the Inspectorate and other relevant divisions within my Department can share information about the needs of such schools and can work together to facilitate improvement in the schools concerned. In these cases, it is sometimes necessary for officials from various divisions of my Department to engage with the patron, trustees or management of the school to ensure that the need for improvement and change is fully understood by the school and those responsible for its management. These discussions also seek to identify how improvement may take place and the supports, such as those from the school support services that may be made available to the school. Self-review by the school and further inspection visits may be used to monitor the progress of improvement.

School Staffing.

Denis Naughten

Ceist:

539 Deputy Denis Naughten asked the Minister for Education and Science if he will reverse the decision to cut teacher numbers at a school (details supplied); if his attention has been drawn to the impact that this will have on disadvantaged pupils; and if he will make a statement on the matter. [25217/09]

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 and in view of the ominous financial circumstances that we are facing I am not in a position to reverse any of the decisions taken.

These decisions included the withdrawal of teaching posts which have been historically provided under previous disadvantage schemes to non-DEIS schools and 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 is an additional one-point adjustment to 20:1.

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

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.

An application for curricular concessions was received from Roscommon VEC and the VEC was allocated an additional four whole-time equivalent teacher posts for the 2009/10 school year. This concession is available as a short term support to enable essential curricular provision to continue. This was in addition to a disadvantaged post that was re-allocated to the VEC Scheme by the Social Inclusion Unit of my Department.

An independent appeals mechanism is available to school authorities who wish to appeal the adequacy of their teacher allocation. The Independent Appeals Committee are currently assessing the appeal lodged by Roscommon VEC and a decision will be forwarded to the VEC shortly. As the Appeals Committee operates independently of my Department in taking its decisions, you will appreciate that it would not be appropriate to intervene in any such decision.

Discrete allocations are also made to VEC schools to cater for pupils with Special Educational Needs and those with Language difficulties for example.

The main focus of Social Inclusion measures is to retain resources in DEIS schools. There is a need to focus targeted resources on the schools in most need and this approach is in line with the broad thrust of the recommendations of the Comptroller and Auditor General which are set out in his report on Primary Disadvantage of 2006, which recommended that my Department should focus its educational disadvantage measures on those schools serving the most disadvantaged communities.

Schools Building Projects.

Caoimhghín Ó Caoláin

Ceist:

540 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Science when it is envisaged that a school (details supplied) in County Donegal will proceed to construction; and if he will make a statement on the matter. [25223/09]

As the Deputy will be aware, I announced in February last that the building project in the school he mentions is to proceed to tender and construction.

The Stage 2B (Detailed Design) submission was received by my Department from the Vocational Education Committee on the 18th of June and is currently being examined. My officials will revert to the County Donegal Vocational Education Committee as soon as possible regarding further progress.

Question No. 541 answered with Question No. 506.

School Staffing.

Denis Naughten

Ceist:

542 Deputy Denis Naughten asked the Minister for Education and Science if he will address the situation whereby a school (details supplied) in County Roscommon will lose a teacher from 1 September 2009; if his attention has been drawn to the impact that this will have on the class sizes and on the education of the pupils; the status of the appeal by the school; and if he will make a statement on the matter. [25252/09]

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 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.

It is open to the school referred to by the Deputy to submit an appeal to the Primary Staffing Appeals Board as set out in the Staffing Circular 0002/2009 which is available on my Department's website. My Department has no record of an appeal to date.

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