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Dáil Éireann díospóireacht -
Wednesday, 23 Sep 2009

Vol. 690 No. 1

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 13, inclusive, answered orally.

Overseas Development Aid.

Simon Coveney

Ceist:

14 Deputy Simon Coveney asked the Minister for Foreign Affairs his views on cutting back or rationalising embassy staff numbers in Irish Aid programme countries. [31761/09]

The total budget for Ireland's Official Development Assistance in 2009 will be €696 million, representing at least 0.48% of GNP. Of this, €571 million is administered by the Department of Foreign Affairs, through Irish Aid.

Our aid programme provides assistance to over ninety developing countries, nine of which have been designated as Programme Countries, where we have a commitment to long term strategic assistance. These are Ethiopia, Lesotho, Malawi, Mozambique, Tanzania, Uganda, Zambia, Vietnam and Timor Leste.

The aid programmes in eight of the Programme Countries are managed by Embassies. The programme in Timor Leste is managed by a representative office, and there is also an aid office in Sierra Leone. Funding for direct programme budgets for the nine Programme Countries will amount this year to €198 million, with a further €23.4 million for significant programmes in other developing countries, including Sierra Leone.

In general, our offices in Programme Countries are staffed by one or two Irish diplomats, working with a maximum of three specialist technical staff from Ireland. In addition a small number of locally-recruited staff assist with office administration. Additional technical support is provided by contracted temporary staff, as required.

The administration costs of Ireland's aid programme are low by international standards, and we are recognised as playing a leading international role in making aid more effective. Appropriate management structures in our Programme Countries are an essential element in ensuring that our aid delivers results, and value for money, in partnership with local Governments and communities in some of the poorest countries in the world.

Staff numbers are kept under close review, in line with the level of resources devoted to our development programmes. In addition, the independent Evaluation and Audit unit within Irish Aid regularly examines the operation of programmes with a view to identifying improvements in implementation and maintaining high standards of accountability.

In view of the Government's strong continuing commitment to our Programme Countries and the scale of the development programmes being managed by Ireland's missions in those countries, I believe that the staffing levels are appropriate in current circumstances.

Emigrant Support Services.

Denis Naughten

Ceist:

15 Deputy Denis Naughten asked the Minister for Foreign Affairs the progress made to date on resolving the issue of undocumented Irish in the US; and if he will make a statement on the matter. [31387/09]

Pat Breen

Ceist:

74 Deputy Pat Breen asked the Minister for Foreign Affairs if he will re-open discussions with the Obama Administration to find a solution for the undocumented Irish in the US in view of the recent passing of a US Senator (details supplied), a leading proponent of immigration reform in the US; and if he will make a statement on the matter. [31692/09]

I propose to take Questions Nos. 15 and 74 together.

The Government attaches the highest importance to resolving the plight of our undocumented citizens in the United States.

We have emphasised our strong support for the undocumented in all our engagements with the US Administration and Congress, including during meetings earlier this year with President Obama, Secretary of State Clinton and key Congressional leaders.

As the Deputies are aware, in the absence of comprehensive immigration reform, the Government has been actively pursuing a bilateral approach, aimed at facilitating greater legal migration between the two countries. The approach has had three core objectives: a reciprocal Working Holiday Agreement (now operational); new bilateral arrangements to provide reciprocal long term E3 working visas; and a solution for our undocumented.

While the inclusion of Ireland in an expanded version of the E3 programme would provide extensive new opportunities for Irish people to work in the United States and help ensure that a new generation of undocumented Irish does not develop, our friends on Capitol Hill have been clear that the status of the undocumented Irish cannot be addressed in isolation from other ethnic groups, including by way of an E3. Their advice is that the best prospect for a solution for the undocumented continues to lie with comprehensive immigration reform.

In June, President Obama met with a range of key Congressional figures, including supporters and opponents of reform, to discuss this issue and identify how to begin fixing what he has described as a broken immigration system. His statement, following the meeting that his ‘Administration is fully behind an effort to achieve comprehensive immigration reform' was welcomed by the Taoiseach in a personal letter he sent to President Obama in July, which outlined the Government's strong support for the undocumented.

As President Obama has noted, immigration remains ‘a sensitive and politically volatile issue' in the United States. Bi-partisan support is considered vital to the success of comprehensive reform and our friends on Capitol Hill have made it clear that progressing legislation will continue to present significant challenges. The challenges the Administration is experiencing in progressing its immediate legislative priority of healthcare reform may also delay action on comprehensive reform.

With the passing of Senator Edward Kennedy, Ireland and Irish-America have lost a great friend and leader. An embodiment of the Irish immigrant story, he was a champion of many causes, including, of course, comprehensive immigration reform. His strong support for the undocumented, his understanding of their plight, was unwavering. While the immediate prospects for immigration reform remain uncertain, the Government is determined to build on Senator Kennedy's legacy by working closely with our many friends in Congress to find a solution for our undocumented.

Foreign Conflicts.

Bernard J. Durkan

Ceist:

16 Deputy Bernard J. Durkan asked the Minister for Foreign Affairs if his attention has been drawn to the concerns expressed by a political analyst (details supplied) to the Joint Committee on European Affairs on 8 September 2009 in view of the ongoing need in the Western Balkans, with particular reference to the role of the international peace keeping and intelligence missions and their belief that any diminution in the extent of such missions would be premature and that any diminution or withdrawal could lead to a deterioration of the situation in the region; if he will ensure that the fullest possible extent of international support is maintained for the foreseeable future with his European Union and United Nations colleagues; and if he will make a statement on the matter. [31384/09]

I very much support the view that the international community must continue its engagement in Bosnia-Herzegovina and more generally do all possible to achieve lasting stability in the countries of the Western Balkans.

In relation to Bosnia-Herzegovina, the Steering Board of the Peace Implementation Council (PIC), which monitors the implementation of the Dayton Agreement, last met in Sarajevo on 29 and 30 June 2009. The PIC's Steering Board noted with concern a deterioration in the country's political situation and concluded that the "five plus two" conditionality, which it had set down in February 2008, had not been fulfilled.

It was accordingly not opportune to move, as previously planned, towards the closure of the Office of the High Representative and transfer to a reinforced EU Special Representative. It was therefore decided that the Office of the High Representative should stay in place and continue to carry out its mandate under the Dayton accord.

Since then, little progress has been made in the functioning of state institutions in Bosnia-Herzegovina, in particular in the area of the division of state and defence property. In an attempt to help to advance matters, the High Representative/EU Special Representative, Dr. Valentin Inzko, announced in August 2009 that he would assist with the preparation of an inventory of state property. The next meeting of the Peace Implementation Council will take place on 18-19 November 2009 and will review and assess any progress on the outstanding issues. I can assure the Deputy that Ireland, together with its EU colleagues and the UN, will continue to press for the achievement of the necessary conditions before any transition from the Office of the High Representative to a reinforced EU Special Representative occurs.

There are at present two European Union missions in Bosnia-Herzegovina: Operation Althea with a military stabilisation role, and the police reform mission EUPM. The EU Police Mission, established in 2003 to follow on from the UN's International Police Task Force, focuses on capacity-building and professionalising the local law enforcement authorities, in particular in relation to the fight against organised crime. Four members of An Garda Síochána currently serve with EUPM.

Operation Althea was launched in December 2004, with a Security Council mandate, to succeed the NATO-led Stabilisation Force (SFOR). 44 members of the Defence Forces serve with Althea. In May 2009, the General Affairs and External Relations Council discussed prospects for a possible evolution of Operation Althea in the event of the conditionality set for transfer of responsibility from the Office of the High Representative to a reinforced EU Special Representative being fulfilled. The Council confirmed that it would keep the preparatory work for a possible evolution of Althea under regular review, so that a decision on the future of the operation could be taken once the necessary conditions had been met. Together with our EU partners, Ireland would like to see ongoing support provided for the economic and political development of Bosnia-Herzegovina.

Overseas Development Aid.

Denis Naughten

Ceist:

17 Deputy Denis Naughten asked the Minister for Foreign Affairs the impact of the budget cuts on overseas development aid; and if he will make a statement on the matter. [31386/09]

Eamon Gilmore

Ceist:

22 Deputy Eamon Gilmore asked the Minister for Foreign Affairs if his attention has been drawn to the fact that the overseas development aid budget has been cut by close on one quarter during the past year, a percentage higher than cuts made in other areas of Government spending; his views on whether such cuts will have adverse consequences for the poorest of the poor globally; and if he will make a statement on the matter. [31733/09]

Fergus O'Dowd

Ceist:

23 Deputy Fergus O’Dowd asked the Minister for Foreign Affairs if the decision to devote 0.7% of gross national product to overseas development aid by 2012 remains his policy; if he will confirm his ongoing commitment to the issue; if the policy has changed; if he will inform the Houses of the Oireachtas of the new date chosen for reaching the 0.7% target; and if he will make a statement on the matter. [31768/09]

Mary Upton

Ceist:

34 Deputy Mary Upton asked the Minister for Foreign Affairs the adjustments in spending in overseas development aid which are to be made in Budget 2010; if he will ensure that Ireland keeps its promises and its financial commitments to the poorest of the poor; and if he will make a statement on the matter. [31732/09]

Michael D. Higgins

Ceist:

39 Deputy Michael D. Higgins asked the Minister for Foreign Affairs the estimated figure for overall overseas development aid spending for the coming years on a yearly basis; if the target of 0.7% by 2012 remains credible; and if he will make a statement on the matter. [31734/09]

Mary Upton

Ceist:

54 Deputy Mary Upton asked the Minister for Foreign Affairs if his attention has been drawn to the steps taken by the Swedish Government to increase its overseas development aid commitments despite the economic crisis; his views on whether Ireland should do likewise; and if he will make a statement on the matter. [31731/09]

John Deasy

Ceist:

58 Deputy John Deasy asked the Minister for Foreign Affairs the level of cuts all other EU member states have made in their overseas development budgets. [31760/09]

Pat Breen

Ceist:

65 Deputy Pat Breen asked the Minister for Foreign Affairs if he remains committed to spending 0.7 percent of gross domestic profit on overseas aid development by 2012; his views on the recommendation in the Special Group on Public Service Numbers and Expenditure Programmes to push back this target by three years; and if he will make a statement on the matter. [31693/09]

Tom Hayes

Ceist:

75 Deputy Tom Hayes asked the Minister for Foreign Affairs if the percentage cut in overseas development aid over the past year has been the largest percentage cut of any EU member state. [31765/09]

I propose to take Questions Nos. 17, 22, 23, 34, 39, 54, 58, 65 and 75 together.

In 2008, Ireland spent €920 million on Official Development Assistance (ODA). This represented approximately 0.59% of our Gross National Product (GNP).

For 2009 the total budget for ODA is expected to reach €696 million. Based on current projections this will represent at least 0.48% of Gross National Product (GNP). This means that Ireland will remain one of the most generous donors in the world on a per capita basis. This is an enormous achievement in the context of the current economic circumstances and one of which I believe we should all be justifiably proud.

I have stated, on many occasions, that the Government very much regrets having to make the decision to reduce the 2009 development assistance budget. However, it must be recognised that this necessary decision was taken in the context of the economic situation facing the country. Its sole objective is to assist in stabilising the public finances. We are all agreed this is a fundamental prerequisite for the resumption of economic growth, which is the only sustainable way Ireland can meet its future ODA commitments.

The Government recognises that the reduction in the ODA allocation for 2009 was significant. However it follows a period of unprecedented growth. The figures speak for themselves. At the start of this decade, Ireland's ODA stood at €254 million — by last year it had reached €920 million, more than trebling in volume. In the same period, our percentage share of GNP spent on development assistance increased from 0.30 % to 0.59% — effectively doubling.

As the House is aware, our international commitment to development assistance is measured as a percentage of GNP. This is also the basis for comparison and ranking within the OECD Development Assistance Committee (DAC) donor group. The only sustainable way we can have continued growth in our development assistance programme, and maintain our international ranking, is through returning to a path of economic growth.

We recognise it will now be more difficult to achieve the target of spending 0.7% of GNP on ODA by 2012. Nonetheless we will continue to work towards that target, and will make a full assessment of our capacity to achieve it in the context of the preparation of the 2010 budget.

As Deputies will appreciate, budget allocations for 2010 are a matter for the Minister for Finance. In the current difficult fiscal environment there are many competing demands for scarce resources. However, as stated in my previous reply, I can assure the House that I and my colleague, the Minister for Foreign Affairs, will make the best possible case to protect the aid budget.

It is important to note that Ireland is significantly ahead of all but a few EU member states in making progress towards achieving the broad EU 0.7% target in 2015. Definitive figures on 2009 ODA flows are not yet available for the OECD DAC. However as the global economic downturn has affected all EU member states, other donors are likely to face, to greater or lesser degrees, similar fiscal constraints as Ireland. Given that ODA expenditure is measured in terms of a percentage of GNP, it is likely that many other donors will reduce their ODA volume allocations. I am aware of the excellent record of Sweden, which currently holds the EU Presidency, in regard to ODA. It is currently ranked in first place within the OECD DAC donors and spends almost 1% of its GNP on development assistance.

While I am very much aware of the implications of the recent budgetary cuts for our own aid programme, increasing volumes is not the sole measure of a successful development assistance programme. Spending aid effectively, while meeting the needs of the world's poorest, is an essential characteristic of a quality programme. The OECD DAC peer review, has described Ireland as "champion in making aid more effective" and states that "Irish Aid is a strong cutting edge development programme". I will ensure that these high standards are maintained.

Departmental Programmes.

Michael D. Higgins

Ceist:

18 Deputy Michael D. Higgins asked the Minister for Foreign Affairs the work programme of the conflict resolution unit in his Department. [31722/09]

The Conflict Resolution Unit (CRU) was established within the Department in 2007 to enhance Ireland's engagement in conflict resolution internationally. The work of the unit is intended to build on Ireland's tradition of UN peacekeeping, our commitment to overseas development aid, our experience of the peace process in Northern Ireland, and our commitment to international human rights and the rule of law. It aims to draw from our own experience of peacemaking and peace-building and from the work of Irish Aid and the Anglo-Irish Division. As part of its work programme the unit currently has two initiatives in the field, one in Timor-Leste and the other a cross-learning exercise with Liberia and Timor-Leste on how best to advance the role of women in conflict resolution and peace-building.

As one of the most fragile of the nine Irish Aid programme countries, Timor-Leste was identified as an appropriate country for initial engagement. The CRU engagement there is headed by Dame Nuala O'Loan, our Special Envoy to Timor-Leste and on UN Security Council Resolution 1325 on Women, Peace and Security.

Our engagement in Timor-Leste, in close co-operation with Irish Aid's development programme there, is designed to address key issues directly related to the risk of renewed internal conflict. Initiatives taken so far include support for an early warning and response system based in civil society, a programme on peace, remembrance and reconciliation, advice on security sector reform, and support for structured high level dialogue amongst rival leaders.

The CRU is committed to sharing lessons learned from the Northern Ireland peace process with other regions that experience conflict and lesson sharing visits are a growing area of activity in the CRU work programme.

In May, a programme was arranged for visiting Afghan Parliamentarians which examined the background to and approach of the Governments to resolving the conflict in Northern Ireland. In the same spirit of lesson learning, last week at the invitation of my colleague, Minister Martin, a group of Nepalese politicians and senior civil servants, led by the Minister for Peace and Reconstruction, were in Ireland to also learn from the Northern Ireland peace process. During their visit, the group also met with political and civil society leaders, North and South, that were involved in the peace process.

As the Minister, Deputy Martin, announced on 9 September, a book has been commissioned to mark the tenth anniversary of the Patten Report on policing in Northern Ireland. It is hoped that the publication will capture lessons from the Patten process which might be usefully shared with others.

As regards working with academic institutions, we have examined a number of models to see how best to make use of the wide range of relevant expertise across all existing institutions and how to encourage collaboration between them. The Minister, Deputy Martin, is anxious to avoid the creation of unnecessarily elaborate structures. In this respect he met on 16 July with representatives of the main academic institutions to announce a new academic research scheme for which a request for proposals will be made later this year. A number of fourth level scholarships have also been awarded. As the Deputy will appreciate, conflict resolution is complex and sensitive work and can only be carried out effectively in close co-ordination and partnership with other key agencies and governments.

Departmental Properties.

Olwyn Enright

Ceist:

19 Deputy Olwyn Enright asked the Minister for Foreign Affairs the number of embassies owned by the State abroad; the value of same; if consideration has been given to the disposal of some of these properties; and if he will make a statement on the matter. [31783/09]

At present, 37 properties are owned by the State abroad for use as Chanceries and official Residences of Heads of Mission. The estimated total valuation of all these properties is €146 million. However, I would caution that this estimate is subject to the price volatility of the current property market across the globe.

In recent years, and with the support and encouragement of the Select Committee on Foreign Affairs, the Government has provided the Department of Foreign Affairs with some modest capital resources to purchase mission properties abroad where that option, rather than rental, made good business sense. While current resource constraints preclude any further purchases in the near future, it would, in my view, be financially imprudent, not least in the current depressed market situation, to sell existing mission properties abroad and revert to a lease option which would be more costly over the longer term.

Foreign Conflicts.

Joan Burton

Ceist:

20 Deputy Joan Burton asked the Minister for Foreign Affairs the position regarding the abduction and detention of an Irish aid worker in Sudan. [31728/09]

Alan Shatter

Ceist:

25 Deputy Alan Shatter asked the Minister for Foreign Affairs if he will report on his trip to Sudan relating to the kidnapping of persons (details supplied); if he is satisfied that they are safe and well; and the steps being taken to secure their release. [31682/09]

I propose to take Questions Nos. 20 and 25 together.

Ms Sharon Commins, a Goal development worker, and her Ugandan colleague, Ms Hilda Kawuki, were abducted by a group of armed men in Darfur on Friday 3 July. I can assure this House that, in the weeks since, the Irish Government has been making every possible effort to secure their release.

A strong multi-disciplinary Irish team, led by the Department of Foreign Affairs, went to Sudan within 24 hours of the kidnapping. Some members of team stayed in Khartoum while others went on for a period to the North Darfur regional centre of Al Fashir. A team is still present in Khartoum. Throughout the eleven weeks of the kidnap, the Irish Government has worked closely with the Sudanese Government. The Sudanese Government has, in turn, been working through the local chiefs and other intermediaries to persuade the kidnappers to release the women.

The Department has also closely liaised with the Commins family here in Dublin and I would like to take this opportunity to express my admiration for their endurance and strength during what I know has being a most difficult time for them. We have remained in touch with Ms Kawuki's family in Kampala.

The Minister for Foreign Affairs, Deputy Micheál Martin, visited Sudan on 6 and 7 September to discuss the situation with the Sudanese authorities.

During the Minister's visit, he was briefed by the Irish emergency team in Khartoum and he also met with the Minister for Humanitarian Affairs, Dr Gailani, who is co-ordinating the Sudanese efforts, the UN Deputy Special Representative, Ms Amira Haq, the Minister for Foreign Affairs, H.E. Mr. Deng, and the Presidential adviser on Darfur, Dr Ghazi. The discussions were extremely useful and he impressed on them the importance of bringing about a peaceful and successful resolution of this appalling kidnapping. The kidnapping targeted development workers whose sole objective was to assist the ordinary people of Darfur, who have suffered so much in the conflict there.

In turn, the Minister was briefed on the ongoing efforts by the Sudanese authorities to release the hostages. He was assured that both Sharon and Hilda are safe, are not being harmed in any way, and that every effort is being made at the moment to obtain their release.

Programmes for Government.

Leo Varadkar

Ceist:

21 Deputy Leo Varadkar asked the Minister for Foreign Affairs if foreign policy commitments have featured in the renegotiation of the programme for Government; and if he will make a statement on the matter. [31772/09]

My Department has been engaged in monitoring and assessing the foreign policy commitments contained in the current programme for Government which runs from 2007 until 2012. Significant resources within the Department have been directed towards achieving these commitments over the past two years.

A significant number of foreign policy commitments have been delivered, or are close to being delivered, to date. These include: the Cluster Munitions Convention, the enhancement of Ireland's role in UN reform, the development of our rapid response humanitarian capacity and the improvement in the information available to the public about the European Union.

In addition, a number of commitments do not lend themselves to easy empirical measurement but are areas where work is ongoing. These include work on foreign policy issues such as disarmament, the Middle-East and Burma, bodies of ongoing policy work which are a central part of the Department's core business.

Naturally, the work of the Department has evolved since the programme for Government was agreed and work has been undertaken in new areas. Such new or expanded areas of activity which I would expect to be reflected in a revised programme for Government would include:

Enhanced focus on the Department's support role in promoting Ireland's economic interests abroad,

The implementation of initiatives, with a foreign policy element, within the ‘Smart Economy' framework,

The implementation of the Strategic Review of US-Ireland relations,

The implementation of the findings of the Farmleigh Global Economic Forum (18-20 September),

Continued monitoring of, and contribution to, the devolution of Policing and Justice powers in Northern Ireland.

Questions Nos. 22 and 23 answered with Question No. 17.

International Agreements.

Ulick Burke

Ceist:

24 Deputy Ulick Burke asked the Minister for Foreign Affairs if a decision not to sign the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on 24 September 2009 will send a signal to other countries that it is acceptable to deny victims of human rights violations a right of access to justice. [31695/09]

Martin Ferris

Ceist:

28 Deputy Martin Ferris asked the Minister for Foreign Affairs if a decision not to sign the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights at the UN signing ceremony in New York on 24 September 2009 would represent a departure in its foreign policy from its stated support for global recognition of the equal value and importance of all human rights, reaffirmed by Ireland at the Vienna World Conference on Human Rights in 1993. [31756/09]

Martin Ferris

Ceist:

31 Deputy Martin Ferris asked the Minister for Foreign Affairs the regard which was taken, in relation to the positions of other UN Member States towards signing and ratifying the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights when it opens for signature and ratification in New York on 24 September 2009, in deciding the Government’s position on signing on that day. [31755/09]

Pádraic McCormack

Ceist:

52 Deputy Pádraic McCormack asked the Minister for Foreign Affairs the position he will take on the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights which opens for signature and ratification in New York on 24 September 2009; and if he will make a statement on the matter. [31694/09]

Paul Connaughton

Ceist:

62 Deputy Paul Connaughton asked the Minister for Foreign Affairs if he will report to Dáil Éireann on Ireland’s timetable for signature and ratification of the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights which opens for signature and ratification in New York on 24 September 2009. [31696/09]

Aengus Ó Snodaigh

Ceist:

69 Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs the discussions which have taken place with officials from other Departments on the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights which opens for signature and ratification in New York on 24 September 2009; and the nature, content and conclusions of these discussions. [31754/09]

Aengus Ó Snodaigh

Ceist:

73 Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will sign the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights when it opens for signature and ratification in New York on 24 September 2009; and if not, the reason for this position. [31753/09]

I propose to take Questions Nos. 24, 28, 31, 52, 62, 69 and 73 together.

I refer the Deputies to my written answer of 16 September 2009 on this subject: "The International Covenant on Economic, Social and Cultural Rights (ICESCR) was ratified by Ireland on 8 December 1989.

The Optional Protocol to this International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) will set up a mechanism that will make it possible for individuals or groups of individuals to submit a complaint to the UN Committee on Economic, Social and Cultural Rights in regard to violations of their economic, social and cultural rights by a State Party to that Protocol. It does not create any new substantive rights.

Discussions on the Optional Protocol to the ICESCR took place in a Working Group which held its first session in 2004. In June 2006, the UN Human Rights Council mandated the Working Group to negotiate the text of an Optional Protocol, and requested the Chairperson-Rapporteur of the Working Group to prepare a draft to serve as the basis for negotiations.

Following consideration by the UN Human Rights Council, the text of the Optional Protocol was presented to the UN General Assembly last year which adopted the text by consensus on 10 December 2008, the sixtieth anniversary of the Universal Declaration of Human Rights. Officials of this Department were actively engaged at all stages of negotiation on the Optional Protocol, in consultation with other relevant Government Departments, our EU partners and other UN member states.

Inter-departmental consultations on consideration of Ireland's signature and ratification of the Optional Protocol are continuing, with this Department playing a co-ordination role. Accordingly we do not expect to be in a position to sign the Optional Protocol at the signing ceremony in New York on 24 September 2009."

Question No. 25 answered with Question No. 20.

Emigrant Support Services.

Billy Timmins

Ceist:

26 Deputy Billy Timmins asked the Minister for Foreign Affairs if, in view of the economic downturn and potential for emigration, he expects greater demand for emigrant services provided by the State abroad; if these services will be available to an adequate extent in view of planned cutbacks in expenditure on emigrant services; and if he will make a statement on the matter. [31779/09]

Supporting Irish communities overseas, and in particular the most vulnerable members of these communities, is an important priority for the Government.

Over the past five years the Government has allocated more than €60 million, under the Emigrant Support Programme, to support our communities abroad.

The socially sensitive frontline services which this funding supports continue to make a substantive difference to the lives of vulnerable Irish emigrants, reducing homelessness, tackling social isolation, and enabling access to local statutory entitlements. In addition, the programme also supports a range of community and heritage projects, fostering a greater sense of Irish identity amongst our diaspora, and a smaller number of strategic capital projects, which are helping to ensure the long term future of Irish community organisations overseas.

Despite the current challenging budgetary situation, support for emigrant services has this year been maintained at its record 2008 level of €15.183 million. This is a significant achievement in the current economic climate, one which underlines our strong commitment to our overseas communities. The current allocation is some five times greater than the 2003 equivalent and represents a 15 fold increase on the 1997 figure.

No decision has been taken on levels of emigrant services funding in 2010. Given the challenging economic and budgetary situation, the Government is, of course, conscious of the need to ensure value for money is achieved across all areas of public spending. Officials in my Department, and through our network of missions, work very closely with organisations in receipt of Emigrant Support Programme funding to support the delivery of essential services to our overseas communities. I am very conscious of the significant efforts Irish community organisations are themselves making to strengthen and develop their capacity, ensuring they can respond effectively to the needs of the vulnerable Irish abroad.

As I explained to delegates at the recent Global Irish Economic Forum, the Government is committed to shielding the most vulnerable members of our community, at home and overseas, from the effects of the current economic downturn. In this context, I can assure the Deputy that, through the Emigrant Support Programme, we will continue to prioritise the funding of frontline services, and to work with community organisations overseas, to help ensure the welfare needs of our overseas communities are met.

Fishing Industry Development.

Lucinda Creighton

Ceist:

27 Deputy Lucinda Creighton asked the Minister for Foreign Affairs his views on whether Ireland’s influence in negotiations on the Common Fisheries Policy will be increased by a “Yes” vote in the Lisbon treaty. [31767/09]

Successive Irish Governments have pursued a policy of proactive engagement with the European Union. This approach has yielded excellent dividends for Ireland over the last three and a half decades. Indeed, since 1973 we have received €61 billion from the EU budget, while contributing just €19.5 billion to that budget, a net benefit to Ireland of more than €40 billion. We continue to this day to be net recipients from the EU budget.

Over the years, we have been active in developing coalitions with other member states around issues on which we have particular concerns, including fisheries and agriculture. With regard to the future of the Common Fisheries Policy, a yes vote will, I believe, enable us to negotiate on behalf of the Irish fishing industry in the coming years from a position of strength.

It is important to recall that Irish landings of fish have more than doubled since 1973 (from 85,700 tonnes in 1973 to 185,000 tonnes in 2007) and that the size of the Irish fishing fleet has increased from 1,800 boats in 1997 to more than 1,950 in 2008. During this same period, the size of other fishing fleets across the EU shrank by 20%. Between 2000 and 2006, the EU also provided direct assistance to the Irish fishing industry amounting to €65.5 million. A further €42.5 million is being provided by the EU between 2007 and 2013.

It is well understood that the evolution of the Common Fisheries Policy will be vital to the maintenance of sustainable livelihoods in coastal communities. For that reason, it is incumbent on us now to do everything in our power to maintain our position as an influential EU member state with a capacity to shape future EU decisions in a direction favourable to our interests. While the Lisbon Treaty will not significantly affect the operation of the common fisheries policy, it is my firm view that a yes vote on 2 October will enable us to exert maximum influence over the future evolution of this vital policy.

In addition to negotiations on fisheries, several other major issues will come to a head in the coming period, including the future of the Common Agricultural Policy and the shape of the EU budget beyond 2013. In this context, it is vital that we preserve our position at the heart of the EU from which we can secure optimal outcomes for Ireland. A positive result on 2 October will be crucial in that regard.

Question No. 28 answered with Question No. 24.

Human Rights Issues.

Arthur Morgan

Ceist:

29 Deputy Arthur Morgan asked the Minister for Foreign Affairs the action he has taken in the past 12 months in support of efforts to rehouse the Roma refugees living near toxic waste dumps in Mitrovica, Kosova; the further action he will take; and if he will make a statement on the matter. [31758/09]

I am very concerned about the situation of Roma families in Kosovo and, in particular, continuing reports that residents of the camps around Mitrovica are exposed to high levels of lead contamination. The Taoiseach raised the conditions of displaced Roma when he met with President Sejdiu and Prime Minister Thaci during his visit to Kosovo on 22 December 2008. The Deputy will also be aware that the matter was the subject of an adjournment debate on 25 November 2008, when my colleague, Peter Power T.D. emphasised Ireland's support for all efforts to address the plight of the residents in the camps.

Since then, at my request, officials have raised the issue on a number of occasions. The Embassy in Budapest, which is accredited to Kosovo, has pursued the matter bilaterally with the authorities in Pristina. In response to these representations, the Kosovar Government has said that it will make every effort to relocate the residents of the camps and establish arrangements for co-financing such a project. Officials have also raised the issue, inter alia, at EU Working Group meetings on the Western Balkans and the International Steering Group on Kosovo. We are also supporting the efforts of the European Liaison Office in Pristina, which is co-ordinating national and international stakeholders to secure a long-term sustainable solution to this and other difficulties facing the Roma community in Kosovo.

Ireland has supported a broad range of projects targeted at assisting the Roma community in the Western Balkans region, including Kosovo. For the period 2005-2009, Irish Aid has allocated €850,000 towards development and educational projects with the Roma community in Kosovo. In addition, Ireland has contributed €200,000 to the World Bank's Roma Education Fund, which works in eleven countries in Central and Eastern Europe, including Kosovo. We will continue to pursue this matter with the responsible authorities and our EU partners with the aim of finding a sustainable solution to the plight of the residents of the camps.

Foreign Conflicts.

Joanna Tuffy

Ceist:

30 Deputy Joanna Tuffy asked the Minister for Foreign Affairs the position in Darfur; the steps currently being undertaken by the international community to help bring an end to this conflict; his views on the comprehensive peace agreement as a vehicle to bring about peace; and if he will make a statement on the matter. [31729/09]

The situation in Sudan, in particular the resolution of the ongoing conflict in Darfur, progress in the implementation of the Comprehensive Peace Agreement (CPA) and the humanitarian consequences of the expulsion of thirteen international humanitarian agencies from the country, continue to be the focus of considerable international concern. Recent months have seen considerable engagement on these issues by the United Nations, by Sudan's regional neighbours through the African Union, by the US Government and by the European Union.

The Government remains extremely concerned with the kidnapping of Sharon Commins and Hilda Kiwuki and we are making every possible effort to ensure their safe release. The Minister for Foreign Affairs visited Sudan on the 6th and 7th of September to discuss with the Sudanese authorities the efforts that are being made to ensure safe return of Sharon and that of her colleague to their families and to impress upon the Sudanese authorities the serious concern with which the Irish government views the situation.

The persistence of the conflict in Darfur despite a number of ceasefires and peace agreements, coupled with the ongoing suffering of the people of the region, is a matter of grave concern. International efforts to bring an end to the conflict are being led by the joint AU-UN chief mediator, Djibril Bassolé, whose work Ireland fully supports. Progress in peace talks has been disappointingly slow. The "Agreement of Good Will and Confidence Building" signed in Doha in February by the Sudanese Government and the JEM rebel group falls far short of a full peace deal. The AU has established a High Level Panel on Darfur, under the chairmanship of former South African President Thabo Mbeki which has undertaken four missions to the region and is due to report by the end of this month. EU Special Representative Torben Brylle has also been active in efforts to bring peace to the region, including current efforts to expand participation in the next round of talks, which will be convened in Doha on 28 September. It is imperative and long overdue that all sides demonstrate the political will and commitment needed to resolve this long-running conflict.

Ireland, in common with the international community, fully supports the complete implementation of the 2005 Comprehensive Peace Agreement (CPA), which brought an end to the north-south conflict in Sudan. There have been some positive developments in implementation in recent months, including the renewed engagement of the US and the ruling on the Abyei region in the Hague. The two unresolved issues that remain are the census and the referendum; however, there is cautious optimism that these issues can be resolved. Ireland welcomes the recent progress on the CPA and urges the parties involved to fulfil their outstanding commitments.

The decision by the ICC to issue an arrest warrant against President Bashir did initially heighten tensions in the region and the response of the Sudanese government in expelling 13 humanitarian NGOs, in March 2009, has made the humanitarian situation more precarious. These NGOs accounted for over 40 per cent of all aid in Sudan and the insistence of the Sudanese government that UN agencies and Sudanese NGOs can take over the work done by those expelled, remains to be proven.

Ireland has played an important part in the international response to the humanitarian situation in Sudan, providing over €50 million in funding for work in Sudan, including Darfur, since 2006. Along with our EU partners, we fully support the fundamental role played by the ICC in the promotion of international justice. Continued progress towards the full implementation of the CPA is imperative to avoid the risk of a destabilizing Sudan and its impact on the wider region.

Question No. 31 answered with Question No. 24.
Question No. 32 answered with Question No. 12.

Joe Costello

Ceist:

33 Deputy Joe Costello asked the Minister for Foreign Affairs his views on the situation in Afghanistan, particularly in view of reports of recent cases of widespread abductions of persons in that country. [31739/09]

Joe Costello

Ceist:

64 Deputy Joe Costello asked the Minister for Foreign Affairs his views on fears of widespread electoral fraud in the recent general election in Afghanistan; his further views on the possibility of vote rigging; and the response which the international community, in particular the EU, proposes to make. [31740/09]

I propose to take Questions Nos. 33 and 64 together.

I am concerned about the situation in Afghanistan. There has been a deterioration in the security environment marked in particular by frequent insurgent attacks throughout the country prior to and in the course of the elections held on 20 August and by the high number of casualties which these caused. The number of abductions is reportedly also increasing. The abduction and subsequent release on 9 September of the New York Times journalist, Stephen Farrell, an Irish citizen, brought this issue to public attention in recent days. I would like to express my condolences to the families of Sultan Munadi and Corporal John Harrison who were killed in the operation which freed Mr. Farrell.

Together with our EU partners, Ireland remains committed to strengthening the rule of law and good governance in Afghanistan. I urge the Government of Afghanistan to give the utmost priority to making tangible progress in these areas. Building Afghan capacity and ownership within the police as well as within the civilian sectors is of the highest importance. These are key issues which will need to be discussed at the Conference on Afghanistan which the international community proposes will be held after the inauguration of a new Afghan Government in order to review aspects of common objectives, strategies and cooperation. For our part, we have allocated over €21 million to Afghanistan in reconstruction and humanitarian assistance since 2005. In addition, we continue to provide 7 members of the Defence Forces to serve in non-combat roles in Kabul with the international security force, ISAF; and we have begun support for the assignment of a small number of experts to serve with the EUPOL police mission.

Although preliminary results have been announced for the Afghanistan Presidential Elections, some uncertainty remains at the present time regarding the outcome pending the completion of many recounts and audits called for by the Electoral Complaints Commission (ECC). I welcome the fact that it was possible to hold both elections in most parts of Afghanistan on 20 August, despite the very difficult security situation prevailing there. I am concerned by reports and evidence of large-scale fraud having taken place in the Presidential elections in particular, with over 2,000 complaints received by the ECC, about one third of those classified as ‘Category A' claims, which could, if substantiated, affect the outcome of the election.

It is vital that the election process and outcome are seen to be credible. The low turn-out and the widespread allegations of fraud raise questions in this respect, but it is too early to pronounce definitively on this issue. How the ECC and the Independent Electoral Commission (IEC) handle the allegations of fraud, and are perceived to handle them, will be of great importance. This process is currently underway, with some results annulled and some recounting and auditing taking place.

In a statement on 10 September, the EU expressed concern at the allegations of fraud at a number of polling stations, noting that the ECC has been required to investigate these claims. In this statement, the EU supported the important work of the ECC in terms of the credibility of the electoral process. It underlined the need for the ECC's independence to be fully secured and for it to be given sufficient time to fulfil its mandate, in co-operation with the IEC. The EU statement also expressed the hope that all authorities would refrain from pre-judging the result until it has been properly certified. I fully endorse this statement.

Question No. 34 answered with Question No. 17.

Pádraic McCormack

Ceist:

35 Deputy Pádraic McCormack asked the Minister for Foreign Affairs if the Special Envoy to East Timor has reported to him to date in 2009. [31763/09]

Dame Nuala O'Loan has, during 2009, continued to undertake duties in her role as Special Envoy to Timor Leste and on UN Security Council Resolution 1325 (Women Peace and Security). The Special Envoy reports regularly to senior officials in the Department on both her roles. We greatly value the work which Dame Nuala is doing and I know that my colleague, Minister Martin, is looking forward to an early meeting with her when their schedules permit.

Overseas Development Aid.

Ulick Burke

Ceist:

36 Deputy Ulick Burke asked the Minister for Foreign Affairs if he is tracking and assessing the effects and consequences in the various programme countries that the cuts in the overseas development budget have had to date in 2009. [31764/09]

The Government's aid programme, Irish Aid, is recognised internationally for the priority it attaches to the reduction of poverty and hunger in the least developed countries, with a strong focus on some of the poorest countries in Africa. The programme provides assistance to over ninety developing countries. Nine countries have been designated Programme Countries, where we have a commitment to long term strategic assistance, based on partnership with Governments and communities. These are Ethiopia, Lesotho, Malawi, Mozambique, Tanzania, Uganda, Zambia, Vietnam and Timor Leste.

Following the difficult public expenditure decisions which the Government has had to take this year, the total budget for Official Development Assistance in 2009 will be €696 million, which will represent at least 0.48% of GNP. Of this, €571 million is administered by the Department of Foreign Affairs, the balance of €125 million being accounted for by contributions to development by other Government Departments, and Ireland's allocation to the EU Development Cooperation Budget. Funding for direct programme budgets for the nine Programme Countries will amount to €198 million, with a further €23.4 million for significant programmes in other countries, including South Africa and the Occupied Palestinian Territories. Additional assistance will be channelled to the Programme Countries through our funding for development NGOs.

In deciding on the implementation of the budget reductions across the aid programme, priority was given to the need to protect funding to our Programme Countries, to the extent possible. While adjustments have been made in all Programme Countries, we have ensured that the continuity of our programmes will be maintained. In some cases, funding timeframes have been extended and disbursement rates modified, but the planned final outputs will be delivered, even if they have to be delayed somewhat. There will be no reduction in the important technical expertise which Irish officials bring to their work with our partners.

Decisions on individual programmes have been made in full consultation with the Embassies in our Programme Countries, which have maintained a strong dialogue throughout the process with Government and other local partners. The Embassies provide regular assessments of the aid programme, with particular reference to the results which are being achieved. In addition, the independent Evaluation and Audit unit within Irish Aid maintains a rigorous schedule of evaluations and audits in Programme Countries and across the aid programme, with a view to identifying improvements in programme implementation and maintaining high standards of accountability. This is essential in order to ensure that funding is directed to those areas most in need, is used for the purposes intended and represents the best value for money.

The detailed assessment of Ireland's aid programme which was published by the OECD in April described Irish Aid as "a strong, cutting edge development programme" and stated that "Ireland is a champion in making aid more effective". It praised the manner in which Ireland's aid is delivered in consultation with local Governments and communities and noted that "its attention to local priorities is appreciated by the developing country partners with whom it works". In the difficult economic environment in which we now have to work, we are determined to redouble our efforts to ensure that the aid programme delivers clear results for the lives of those most in need.

Departmental Allowances.

Andrew Doyle

Ceist:

37 Deputy Andrew Doyle asked the Minister for Foreign Affairs the scheduled cost in 2009 of foreign service allowances; the justification for their existence and cost; and if he will make a statement on the matter. [31776/09]

The purpose of Foreign Service Allowances is to defray certain additional expenses which officers may experience as a consequence of serving abroad at an Irish diplomatic mission. The extent to which officers require compensation through allowances is dependent on the cost of living differential between Dublin and the post abroad. Allowances are reviewed regularly to take account of any changes in this respect.

In 2002, following consultation between my Department, the Department of Finance and the relevant staff associations, a more transparent, accountable and vouched system of Foreign Service Allowances was introduced. The main components of the Foreign Service Allowance system are:

Cost of Living Allowance (COLA), which is designed to estimate and defray costs associated with a higher cost of living at the post abroad. The Department uses the services of an independent firm to provide cost of living indices for the various locations required. COLA only becomes payable at posts with a higher cost of living index than Dublin.

Local Post Allowance (LPA), which assists mainly with the additional indirect costs arising from the representational role of officers. This allowance which varies according to marital status and grade is payable at all locations abroad. Officers serving in designated "hardship" posts may also be currently entitled to a hardship allowance as part of their LPA. Where payable, this hardship element takes account of factors such as personal security and political tension, health, environmental factors, climate and isolation.

Children's Foreign Allowance (CFA), which compensates an officer for the additional costs incurred with regard to qualifying children.

The estimated total cost of Foreign Service Allowances in 2009 is € 8.5 million approximately.

Overseas Development Aid.

Shane McEntee

Ceist:

38 Deputy Shane McEntee asked the Minister for Foreign Affairs if he has been in contact with the Secretary General of the United Nations over the Secretary General’s call for no further percentage reductions by Ireland of its overseas development aid allocation; if his officials have been in contact with the United Nations on this issue; and if he will make a statement on the matter. [31804/09]

The Government has maintained close contact with the United Nations and UN Agencies in recent months. Discussions have covered the major international issues, including the effect of the global economic crisis on developing countries and on budgets for development programmes. The Minister for Foreign Affairs held wide-ranging discussions with the UN Secretary General, Ban Ki-moon, in New York on 8 May 2009. I participated in the United Nations Conference on the World Economic and Financial Crisis and its impact on Development in New York from 24 to 26 June. The UN Secretary General paid his first official visit to Ireland on 6-7 July, and held detailed discussions with both the Taoiseach and the Minister for Foreign Affairs.

During his visit, the Secretary General praised Ireland's consistently strong support for the United Nations. He welcomed the Government's commitment to achieving the target of spending 0.7% of GNP on Official Development Assistance, and Ireland's focus on the eradication of hunger and poverty in working to achieve the UN Millennium Goals.

In these, and all of our discussions with the UN, the Government has set out the context and nature of the difficult decisions which have had to be taken this year to adjust the budget for the aid programme. We have outlined the very rapid growth of the programme over the past decade, and pointed out that, after the adjustments, Ireland will spend €696 million on ODA, representing at least 0.48% of GNP.

In 2009, Ireland is expected to remain the sixth highest of all international aid donors in per capita terms. We have emphasised that the decisions to reduce the budget have been taken solely in the context of the need to restore the public finances, and that the Government will resume the growth in the aid programme when economic circumstances allow. The Government continues to work towards the achievement of the 0.7% target by 2012. We have acknowledged that this will be more difficult to achieve than before the economic downturn, and have stated that a full assessment of Ireland's capacity to reach the target by 2012 will be carried out in the context of the preparation of the 2010 Budget.

The adjustments to the budget for the aid programme in 2009 included a 50% reduction in our planned voluntary contributions to UN Agencies this year. These budget reductions have been discussed in detail with the UN Agencies involved. Ireland will provide €40.5 million to the UN Agencies for development activities this year.

Question No. 39 answered with Question No. 17.

International Agreements.

Lucinda Creighton

Ceist:

40 Deputy Lucinda Creighton asked the Minister for Foreign Affairs his views on whether the ratification of the Lisbon treaty will improve the economic prospects here and for the EU; and if he will make a statement on the matter. [31766/09]

The Government firmly believes that ratification of the Lisbon Treaty will significantly aid our economic recovery. By backing the Treaty on 2 October, we will be taking a decisive step in a positive direction for our economy.

A positive result on 2 October will serve to dispel the uncertainties which have arisen since last year's referendum regarding Ireland's future in the European Union. Such a result will reassure existing and potential foreign investors that we intend to remain fully engaged with the European Union, a position from which we have prospered over the last three and a half decades. This will serve to protect existing jobs here and will maximise our capacity to win future investment projects for Ireland. One of our prime attractions for foreign investors has been our free and unfettered access to a market of almost 500 million people.

The negative perception generated by a second No vote would, I believe, be deeply damaging to our reputation as an attractive investment location within the European Union. A positive result next month will, as confidence in our economy and its future direction is bolstered, also serve to contribute to an easing in the premium which is currently being paid by Government for its borrowings.

The stakes on 2 October, in terms of protecting and creating jobs and improving prospects for an early return to economic growth, could not be higher. That is why all major business bodies, including IBEC, the Irish Exporters Association and the Small Firms Association, are urging a Yes vote. It is why more than 90% of our economists and 86% of firms in Ireland who were consulted in a recent survey also want a Yes vote. It is why our biggest trade union, SIPTU, and other major Irish unions have come out in favour of a Yes vote. In short, in the view of those who best know our economy, those who drive our export effort and those who are responsible for bringing foreign investment into Ireland, a Yes vote will be good for jobs, good for investment, good for our capacity to borrow at competitive rates and good for our economic future.

The Treaty will also, of course, be good for the economic prospects of the Union as a whole. The Treaty states that "the Union's aim will be to promote peace, its values and the well-being of its peoples." It will give us the tools we need to tackle the major economic challenges facing Europe in the years ahead. These challenges include climate change and energy security, which are clearly beyond the capacity of any one Member State to tackle on its own. The Treaty will also, of course, be good for the economic prospects of the Union as a whole. The Treaty states that "the Union's aim will be to promote peace, its values and the well-being of its peoples." It will give us the tools we need to tackle the major economic challenges facing Europe in the years ahead. These challenges include climate change and energy security, which are clearly beyond the capacity of any one Member State to tackle on its own. In a changing global situation with new economic powers on the rise, it is essential that Europeans be in a position to work together in an effective manner in pursuit of the values and interests we have in common.

Foreign Conflicts.

Joan Burton

Ceist:

41 Deputy Joan Burton asked the Minister for Foreign Affairs the progress made on the implementation of the UN report on resource based conflicts in Africa. [31727/09]

The United Nations Office of the Special Advisor on Africa convened an Expert Group Meeting on Natural Resources and Conflict in Africa in Cairo in June 2006. A number of cross-cutting recommendations were made to seek to harness Africa's natural resources for peace and development. The recommendations focused on the areas of knowledge generation, capacity-building, monitoring and enforcement and international cooperation, targeting the relevant actors at the local, national, sub-regional, regional and international levels.

The UN continues to emphasise the importance of strengthening the capacity of the African Union and sub-regional organisations to address the causes of conflict in Africa while underlining the need to address the negative implication of the illegal exploitation of natural resources in all its aspects for peace, security and development. In this respect, it welcomes the progress made to date in a number of areas, such as the progress made in the prevention, management and resolution of conflict and in post-conflict peace-building in a number of African countries. Much more needs to be done in a number of other key areas and a recent resolution adopted by the UN General Assembly in August (Resolution 63/304 of 11 August 2009) calls on the international community to continue to support such initiatives.

A further Expert Group Meeting is due to be held in Arusha, Tanzania, later this year to follow up on the issues and recommendations made at the 2006 Conference. As with the Cairo Conference, this meeting will be attended by key experts in the area of resource-based conflict and will not be open to States. The UN Secretary General is expected to carry out a comprehensive review of the outcome of the Experts meeting and present it at the 65th session of UNGA. Ireland will follow the events and outcomes of this conference with keen interest and support.

Ireland is doing its part to assist the African people to achieve sustainable development through its bilateral assistance in Country Programmes and multilateral assistance to the UN, International and Regional partners through the Government's Overseas Development Aid programme. Governance which is seen as key to the promotion of durable peace and sustainable development in Africa is also a key cross cutting theme in the Irish Aid programme. In this respect, Ireland has welcomed and supported the establishment of the African Peer Review Mechanism under the auspices of the African Union's New Partnership for Africa's Development. This locally owned initiative enables Africans to review the quality of good governance in their own countries and has the potential to make a very real contribution to improving good governance in Africa.

Middle East Peace Process.

Bernard J. Durkan

Ceist:

42 Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent to which he, directly or through the aegis of the European Union or United Nations, will bring the necessary pressure to bear on the relevant authorities in Gaza, Israel and the West Bank with a view to ensuring the early resolution of issues relating to access for building materials in respect of the reconstruction of demolished buildings in Gaza through the use of the financial aid provided by the EU and UN, such works to the undertaken under the supervision of the EU or UN with the objective of the strict observance of international human rights criteria including the establishment of normal family and legal visitation rights for detained prisoners or kidnapped persons; if this will include restrictions or sanctions in respect of illegal settlements on the West Bank or other matters of international concern; if he will ensure that the international community can have ready access and a supervisory role in respect of all such matters while ensuring that the situation is not abused by persons seeking to promote strife or terrorism as recognised by the international community; and if he will make a statement on the matter. [31385/09]

Jan O'Sullivan

Ceist:

45 Deputy Jan O’Sullivan asked the Minister for Foreign Affairs if his attention has been drawn to a current legal action requiring the EU to uphold the human rights conditions of the EU-Israel Association Agreement; his views on same; and if he will make a statement on the matter. [31743/09]

Jan O'Sullivan

Ceist:

49 Deputy Jan O’Sullivan asked the Minister for Foreign Affairs the position in the case of a person (details supplied) being held captive by Hamas; and if reported attempts to mediate by EU members in this dispute have been successful. [31744/09]

Joanna Tuffy

Ceist:

55 Deputy Joanna Tuffy asked the Minister for Foreign Affairs his views on reports of the most recent house expansion programme in Israel; his further views on the consequences of this renewed expansion for the peace process; and if he will make a statement on the matter. [31730/09]

I propose to take Questions Nos. 42, 45, 49 and 55 together.

The priority for the EU and the international community in the Middle East right now must be to continue to encourage Israelis and Palestinians to engage in a viable peace process with the vision of a settlement which will result in two sovereign States, Israel and Palestine, co-existing side by side in peace and security. The EU fully supports and is actively cooperating with the current US-led mediation efforts aimed at achieving a settlement freeze and resumption of negotiations. I very much welcome President Obama's tripartite meeting with President Abbas and Prime Minister Netanyahu held en marge of the UN General Assembly on 22 September aimed at giving renewed impetus to the current efforts to bring about a resumption of negotiations. In addition, the EU is also considering what specific measures it can take to buttress and support a solution, when and if an agreement is finally reached. I feel strongly that it is only through the establishment of a viable independent Palestinian State that the root causes of the conflict can be adequately addressed and I will ensure that the Government will contribute in whatever way it can to help achieve this goal.

In relation to Israeli settlement expansion, I would refer the Deputy to my reply to Question 784 of 16 September, in which I addressed this issue in detail. My views on this subject are well known: I consider continued Israeli settlement building in the West Bank and East Jerusalem to be not only unlawful but an obstacle to peace and a serious impediment to the two-State solution.

It is clear that the situation in Gaza remains very serious. On the humanitarian level, insufficient amounts of aid are reaching the people of the territory. Recent reports have painted a bleak picture of life in Gaza, with critical shortages of basic supplies and an increasing sense of despair amongst its people. Israel also continues to largely refuse the entry of raw materials into Gaza, preventing any substantial progress being made towards the reconstruction that is so badly needed following the Israeli military offensive in December 2008 and January 2009. This status quo is simply not sustainable and I am concerned about the potential for a further deterioration in the situation in Gaza and the spectre of a possible resumption of large scale violence.

Fundamentally, the situation can only be reversed by an immediate and unconditional reopening of the territory's crossing points without restrictions on the normal movement of persons and goods. This is a point that I and other EU colleagues have made repeatedly to the Israeli authorities. As I have stated many times, we consider the continued blockade of Gaza by Israel to be both morally unacceptable and politically mistaken. It serves not only to radicalise the people of the territory, but also inflames tensions across the Occupied Palestinian Territories and indeed the Arab world. It also undermines moderates on both sides while strengthening the hands of extremists. The blockade of the territory has persisted for too long and must be brought to an end. I will continue to press this point in any contacts I have with the Israeli authorities. While the immediate focus on securing progress towards the resumption of peace negotiations is understandable and appropriate, we simply cannot afford to neglect the situation in Gaza and the effect it has on both its people and the wider peace process.

Unfortunately, Israel seems no closer to relaxing its strict blockade of Gaza now than it was a year ago. The Israeli Government justifies this state of affairs with reference not merely to security concerns but also to the continued captivity in Gaza of the Israeli soldier Gilad Shalit, who was kidnapped by Palestinian militants in June 2006. I have repeatedly condemned the kidnapping of Corporal Shalit and I would once again appeal for his release and his return to his family in Israel. I understand that efforts are currently ongoing behind the scenes, brokered by Egypt along with the assistance of others in the international community, to reach a deal between Israel and Hamas on a prisoner exchange that would allow for Corporal Shalit's overdue release. Ireland, together with the EU, firmly supports these efforts. However, we need to be clear that his captivity is not the responsibility of the people of Gaza and it is completely unacceptable to punish them collectively on account of it.

With regard to the EU-Israel Association Agreement, I am aware of the legal action that the Deputy refers to, namely proceedings initiated against the EU by the European Campaign to End the Siege of Gaza concerning the human rights provisions of the Agreement. Officials from my Department have been monitoring this development closely. I certainly believe that respect for human rights should be the bedrock for the EU's relations with Israel and indeed with the rest of our neighbours. Currently, the EU raises human rights concerns with Israel through a variety of channels, including diplomatic demarches on the ground and directly in meetings with Israeli interlocutors. I am satisfied to note that agreement has been reached with Israel to replace the informal working group on human rights that operates under the EU-Israel Association Agreement with a fully-fledged subcommittee on human rights that will examine, inter alia, fundamental freedoms, the rights and protection of minorities and the fight against racism and xenophobia. This strengthening of the human rights dialogue between the EU and Israel will provide the EU with an additional channel through which to convey our views to Israel on crucial human rights issues.

Foreign Conflicts.

Thomas P. Broughan

Ceist:

43 Deputy Thomas P. Broughan asked the Minister for Foreign Affairs his views on the position in Sri Lanka. [31738/09]

As I have stated on many occasions in this House, I am deeply concerned about the situation in Sri Lanka. The immediate priority is still the welfare of the 280,000 or so Internally Displaced Persons (IDPs) currently being held in IDP camps in the north of the country. There is urgent need for unimpeded access by humanitarian agencies; for IDPs to be facilitated in returning to their homes as soon as possible; for missing IDPs to be accounted for and reunited with their families; for reconstruction to get underway; and for a process of dialogue and reconciliation to address the underlying causes of the conflict to be initiated.

Responding to the serious humanitarian crisis in the affected areas, Irish Aid has provided funding of €308,000 for emergency response through NGO partners, including emergency medical and nutrition support, the provision of shelter, and distribution of food and non-food items. In addition, a member of Irish Aid's Rapid Response Corps was deployed to Sri Lanka to assist in the emergency response effort of the UN Refugee Agency (UNHCR).

More broadly, I remain concerned also by continuing serious shortcomings with regard to freedom of expression in Sri Lanka. I was greatly taken aback by the severe sentence of 20 years hard labour in prison imposed by the Colombo High Court on journalist Mr J.S. Tissainayagam on 31 August. Together with our partners in the EU, we have called on the Sri Lankan authorities to ensure that Mr Tissainayagam is afforded full access to medical care. The expulsion of the UNICEF spokesperson, Mr James Elder, earlier this month appears to confirm a hardening attitude on the part of the Sri Lankan Government where criticism directed against it is concerned.

On the political side, I believe that an independent review should consider the allegations of serious breaches of international humanitarian law in the course of the conflict, including intensive shelling by Government forces in areas in which significant numbers of civilians were trapped, the use of civilians as human shields by the LTTE and the forced conscription of civilians and children into LTTE units.

EU Foreign Ministers meeting on 18 May reiterated the need for all parties to respect fully their obligations under international humanitarian and human rights law and called for the alleged violations of these laws to be investigated through an independent inquiry. Regrettably, although the EU succeeded in securing the convening of a Special Session of the UN Human Rights Council on the situation in Sri Lanka in Geneva on 26/27 May, at which Ireland made a strong statement on the need for an investigation, EU efforts to have a Resolution passed which would endorse a call for an inquiry into breaches of international law were unsuccessful.

In this connection, the situation in Sri Lanka will be discussed at the next General Affairs and External Relations Council meeting in October. We will discuss how best to engage the Government of Sri Lanka in a meaningful dialogue and how the EU can further support the humanitarian situation, reconstruction and the initiation of political dialogue and an inclusive process of political reconciliation with the Tamil minority. This must be based on the principles of parity of esteem, consent, equality, the rule of law and respect for human rights.

Human Rights Issues.

Jack Wall

Ceist:

44 Deputy Jack Wall asked the Minister for Foreign Affairs the position regarding the treatment, and safety, of the Baha’i community in Iran; and the measures the international community are taking in order to help alleviate the mistreatment of persons suspected to be followers of this faith. [31745/09]

The situation of members of the minority Baha'i faith in Iran has long been a matter of serious concern to the Government and to members of the Oireachtas. In recent years, there has been a progressive increase in harassment of individual Baha'is and there are worrying indications that these are part of a concerted effort by the Iranian authorities to destroy the Baha'i faith and community as a whole. The situation regarding the treatment of the Baha'i community has become of even greater concern in recent months, given the deterioration in human rights generally which has been evident since the disputed Presidential elections of 12 June.

Particular concern has arisen in relation to a group of seven Baha'i community leaders, five men and two women, who were detained, one in March 2008 and the others in May 2008, and held for well over a year without any formal charge. We understand that these seven people constitute an informal leadership group, attempting to maintain links among Baha'is throughout Iran. Their arrest gives rise to particular concern because of the fate of the previous Baha'i leadership, who in 1980 in the early days of the Islamic Republic were arrested and never seen again. The successor leadership were also arrested in 1981 and executed.

The seven Baha'i currently in custody have now been charged with a number of serious offences which attract the death penalty. These include running an illegal organisation, anti-regime propaganda, insulting religious values, and espionage on behalf of Israel. More recently, the espionage charge was dropped and a new charge of "spreading corruption on earth" was added. Worryingly, this new charge also attracts the death penalty.

Concerns are heightened by the fact that the lawyers for the accused have been unable to see them, have been denied access to the case files, and have themselves been subject to public criticism and harassment. Family visits for the detainees have also been extremely restricted. There seems very little prospect of even a semblance of a fair trial in these circumstances and the detainees have never been to court to hear the charges against them. However, I understand that an October date has now been set for their trial.

I have repeatedly raised my concerns regarding the treatment of the Baha'i with members of the Iranian Government, including with Foreign Minister Mottaki at the United Nations General Assembly in September 2008. In December 2008, I wrote to Foreign Minister Mottaki on human rights concerns in general, and raised the issue of the Baha'i and the case of these seven representatives in particular. In my letter, I stated that: "It is difficult in these circumstances to avoid the conclusion that the Government and authorities of Iran are actively trying to suppress a religious faith. " Foreign Minister Mottaki's reply earlier this year did not appear to go beyond previous statements by the Iranian authorities on human rights issues nor did it provide the necessary assurances in relation to the specific treatment of these seven detained Baha'i.

The European Union has repeatedly drawn attention to the oppression perpetrated against the Baha'i faith and its members by the Islamic Republic of Iran. In February this year, the EU issued a statement expressing its deep concern that, after being held for so long without due process, the Baha'i leaders may not receive a fair trial. The statement requested Iran to allow independent observation of the judicial proceedings and to reconsider the charges brought against these individuals. A further EU Declaration on the increasing violation of religious freedom in Iran, issued on 25 May. This reiterated concerns about the continued detention without trial of the seven Baha'i leaders and called on the Iranian authorities to uphold their international legal undertakings to safeguard religious freedom and stop their persecution of legitimate religious activities.

Officers of my Department have met with the Iranian Ambassador to Ireland on a number of occasions this year to restate our strong concerns in relation to human rights in Iran and the treatment of the Baha'i. Officials of my Department also meet regularly with senior representatives of the Baha'i community here. The Government, both directly through our Embassy in Tehran and in cooperation with our EU partners, will continue to monitor this particular case closely and to bring our views to the attention of the Iranian authorities. We will also be taking the opportunity to raise the treatment of the Baha'i at the Human Rights Council in Geneva in the coming weeks.

Question No. 45 answered with Question No. 42.
Question No. 46 answered with Question No. 12.

Decentralisation Programme.

Leo Varadkar

Ceist:

47 Deputy Leo Varadkar asked the Minister for Foreign Affairs the number of Irish Aid staff based in its Limerick office; the number of staff moved from Irish Aid to other areas due to their unwillingness to decentralise with Irish Aid to Limerick; the scale of expertise in aid policy possessed by the replacement staff; the cost, both capital and current, of the Irish Aid decentralisation; and if he will make a statement on the matter. [31770/09]

Under the Government's decentralisation programme announced in 2003 the Development Cooperation Division of the Department of Foreign Affairs has decentralised to Limerick. This Division operates externally under the name of Irish Aid. The Headquarters of Irish Aid is situated in the Department's Limerick building.

120 staff are currently based in the new Headquarters building in Limerick.

Of the 108 staff assigned to Irish Aid at the time decentralisation was announced, 17.5%, or 19 officials, were transferred to other areas of the Department as they did not wish to decentralise. It is in the nature of the work of the Department that staff transfer between Divisions at HQ, and indeed to Embassies abroad, on a regular basis. This routine rotation accounts for the balance of the staff transfers from Irish Aid.

Following intensive discussions between the Departments of Finance and Foreign Affairs and the trade union IMPACT, an agreement was reached which resulted in a substantial number of experienced development specialists transferring to Limerick alongside their other Departmental colleagues. There was, therefore, minimal loss of aid policy expertise.

Decentralisation was completed while the OECD was carrying out a major review of Ireland's development cooperation policies and programmes. The report of the OECD peer review was published in April 2009. It represents the most authoritative and impartial international assessment which an aid programme can receive.

The OECD reported that "Irish Aid is a strong, cutting edge, development cooperation programme, fully integrated into the Department of Foreign Affairs". It stated that "Ireland is a champion in making aid more effective". The report of the peer review is a thorough and detailed document, providing a very positive assessment of the impact, effectiveness and focus of the aid programme.

In arriving at its assessment of the programme, the OECD directly addressed the issue of decentralisation. It stated that "the move of the headquarters from the capital poses challenges". The OECD concluded that "the management of the Department of Foreign Affairs, including the Development Cooperation Division (Irish Aid) has worked hard to meet the challenges linked to the relocation. Overall, the full integration of the development programme into the mainstream of DFA is positive."

The principal cost associated with decentralisation is that of accommodation. This is a matter for the Office of Public Works. In addition to such property costs, and excluding staff costs, the Department of Foreign Affairs spent €855,146 in the period from January 2004 to date on the completion of the decentralisation project. The largest elements in these costs related to the purchase of ICT equipment and office machinery, as well as additional telecommunications costs for the interim premises and new permanent Headquarters.

In addition to the costs associated with the implementation of decentralisation, there are ongoing travel and subsistence costs associated with travel on business by officials between Limerick and Dublin. Since the beginning of the decentralisation programme, these have amounted to a total of €416,024.

Northern Ireland Issues.

Jim O'Keeffe

Ceist:

48 Deputy Jim O’Keeffe asked the Minister for Foreign Affairs if he will make assistance available to persons representing the victims of violence by an organisation (details supplied) in compensation claims against those who supplied or authorised the sale of arms from Libya; and if he will make a statement on the matter. [31681/09]

The Government and the British Government are in frequent contact about the ongoing issues which are the legacy of the Troubles, including on follow-up to the report of the Eames Bradley Consultative Group on the Past. A public consultation process on the Eames Bradley recommendations is under way in the North, which will give an opportunity for all sectors of the community there to see if a consensus can be found on how best society can respond to the human cost of the Troubles.

Questions surrounding the provenance of arms and ordnance used in terrorist attacks during the Troubles are the subject of continuing speculation and debate. The claims against Libya, to which the Deputy refers, are the subject of ongoing legal action in the United States and I believe it would not be appropriate for me to comment on the matter at this time.

Question No. 49 answered with Question No. 42.

Overseas Development Aid.

Simon Coveney

Ceist:

50 Deputy Simon Coveney asked the Minister for Foreign Affairs the number of recommendations of the Hunger Task Force which have been implemented to date in 2009. [31762/09]

As Minister of State for Overseas Development, I have been leading the implementation of the recommendations of the Hunger Task Force, which have been accepted by the Government. Earlier this year, I gave a commitment that hunger eradication would be a cornerstone of the Irish Aid programme and a key component of Ireland's foreign policy. This is in line with a key recommendation of the Task Force.

Within Irish Aid, I have established a Hunger Unit. This Unit is working to integrate and support hunger and food security interventions across our development programme. For example, the Unit is working closely with our Embassy in Malawi where Irish Aid's programme there is being shaped by the Hunger Task Force report.

In Uganda, we have a new focus on the most food-insecure populations of the country. In our other Programme Countries, we are developing strategies to continue and deepen the fight against hunger. We are also supporting world class pro-poor agricultural research, much of it based in Africa, to encourage the development of new and improved seed varieties and resilient food systems.

I have accepted the recommendation that Ireland's engagement with hunger across the entire range of the ODA programmes and projects will reach 20 percent of our aid programme by 2012. We are working to reach this target. In addition to these activities I have established a specific budget line to support the implementation of the Hunger Task Force recommendations at a global level.

At the inter-departmental level I have established the Hunger Task Team, which includes participation from my Department and the Department of Agriculture, Fisheries and Food and the Department of Finance, to look at all of our international activities though a hunger lens.

Ireland is positioned as a global advocate for the hungry poor and I have been very active in promoting this global advocacy role, a recommendation of the Hunger Task Force. I have had discussions with partner governments in the UK, Spain and the United States to identify opportunities for us to work together to make us more effective in addressing hunger and food insecurity.

We are playing an active role in global fora where strategies to strengthen the international response to hunger are being developed and Ireland has been a lead funder of the United Nations High Level Task Force on the Global Food Security Crisis. We will continue to work with our global partners to achieve the first Millennium Development Goal.

In January a Special Envoy for Hunger, Mr. Kevin Farrell, formerly of the World Food Programme, was appointed in line with the recommendation of the Hunger Task Force. Since taking up his duties, the Special Envoy has been active in national and international fora. The Envoy is working closely with officials in the field and at HQ to determine how best to enhance even further our work on food security.

It is simply unacceptable that over a billion people are hungry in the world in this century. This is the reason that we established the Hunger Task Force in 2006, before the current food crisis hit the headlines. I am confident that we are making good progress following the completion of the work of the Hunger Task Force. I can assure Deputies that Ireland will continue to advocate internationally for the hungry poor, and to make a real difference on the ground.

Human Rights Issues.

Pat Rabbitte

Ceist:

51 Deputy Pat Rabbitte asked the Minister for Foreign Affairs if his attention has been drawn to the ongoing murders of trade unionists in Colombia; the action the international community is taking, or proposes to take, in order to end these killings including direct discussions with representatives of the Colombian Government; and if he will make a statement on the matter. [31747/09]

Pat Rabbitte

Ceist:

57 Deputy Pat Rabbitte asked the Minister for Foreign Affairs if, in view of the ongoing human rights abuses in Colombia, particularly the murders of trade unionists, the negotiations of a free trade agreement between Colombia and the European Union will be suspended. [31748/09]

Arthur Morgan

Ceist:

71 Deputy Arthur Morgan asked the Minister for Foreign Affairs his views on whether the EU’s Free Trade Agreement negotiations with Columbia should be halted in view of the increasing number of murders of trade unionists in that country; and if he will make a statement on the matter. [31757/09]

I propose to take Questions Nos. 51, 57 and 71 together.

Ireland attaches considerable importance to the vital work of trade unionists in Colombia and condemns all acts or threats of violence against organisations and individuals working there. I deplore the fact that the numbers of those killed continues to rise year-on-year.

Ireland has consistently raised the issue of anti trade union violence in the appropriate international fora. At the recent Universal Periodic Review of Colombia's implementation of its human rights commitments, held at the Human Rights Council in Geneva in December 2008, Ireland raised a number of issues relating to human rights in Colombia. Specifically, we called on the Colombian Government to implement its existing legislation in full, sanction unsubstantiated allegations against individual activists, strengthen the protection provided to individuals and investigate and punish crimes against them.

The Government monitors the human rights situation in Colombia through our Embassy in Mexico City, which is accredited to Colombia, as well as in cooperation with our EU partners with resident diplomatic missions in that country. I have asked the Embassy to follow the issue closely. Issues regarding human rights, human rights abuses and the situation of trade unionists are raised on an ongoing basis with the Colombian authorities through the EU-Colombia dialogue on human rights and in regular contacts at political level.

The EU recognises that the Colombian Government is trying to restore the authority of the State in the context of significant ongoing terrorist activity in the country. The 2007-2013 EU country strategy paper for Colombia recognises that the "situation as regard human rights and democracy in Colombia is still critical" and that "the most vulnerable groups include indigenous peoples and Afro-Colombians, as well as, inter alia, social leaders, trade-union leaders, journalists and human rights defenders".

EU relations with Colombia are also conducted in the framework of regional relations between the EU and the Andean Community comprising Bolivia, Colombia, Ecuador and Peru. Negotiations aimed at concluding a comprehensive Association Agreement between the EU and the Andean Community were formally launched in 2007. This Agreement will govern all facets of relations between the EU and these countries, including political dialogue, cooperation and trade. Due to differing levels of economic development within the Andean Community, free trade agreement negotiations are further advanced with Colombia and Peru within the overall framework of the Association Agreement.

We fully recognise that there is no one solution for promoting peace in Colombia and that the various social and economic elements underlying the conflict have to be tackled simultaneously. Our approach and that of the European Union is to support the Colombian Government as it emerges from decades of terrorism, and to influence that process in a manner that also results in greater respect for human rights.

Ireland has made a considerable financial contribution towards the Organization of American States' monitoring of the disarmament, demobilization and rehabilitation process in Colombia as well as to the Inter-American Commission on Human Rights' monitoring of the human rights aspects of this process.

Question No. 52 answered with Question No. 24.

Overseas Development Aid.

Emmet Stagg

Ceist:

53 Deputy Emmet Stagg asked the Minister for Foreign Affairs his views on whether the millennium development goals will be met by 2015; and his further views on the issues that will be the most pressing, beyond that date, in terms of the eradication of poverty. [31752/09]

Emmet Stagg

Ceist:

67 Deputy Emmet Stagg asked the Minister for Foreign Affairs his views on whether progress on achieving the millennium development goals by the target year of 2015 is being made at the requisite speed. [31751/09]

I propose to take Questions Nos. 53 and 67 together.

The eight Millennium Development Goals, adopted by Heads of Government at the Millennium Summit in 2000, provide the framework for international economic and social development over fifteen years, to 2015. Most importantly, they represent a series of commitments on development by the international community, together with a set of specific targets against which to measure progress in the reduction of global poverty in all its forms.

In July, the UN Secretary General launched the UN's annual report for 2009 on progress towards the Millennium Development Goals. He warned that, despite significant achievements since 2000, progress has been too slow for the achievement in full of the Goals, and the global economic crisis is likely to have a particularly strong impact on the developing countries.

The UN report highlights progress up to 2008, notably in the reduction of extreme poverty, increased enrolment in primary education, and a steady decline in deaths of children under five. It also provides initial data on the impact of the economic crisis over the past year, suggesting that poverty levels are increasing again, as is the prevalence of hunger in developing countries. It warns that progress may now be eroding in a range of areas, including child nutrition, maternal health and gender equality. The UN has concluded that the achievement of the Goals by 2015 remains within reach, but that accelerated progress must be achieved on provision of employment, on the war against hunger, on primary school enrolment, and on maternal mortality, sanitation, urban poverty and the preservation of natural resources.

When I addressed the UN conference on the World Financial and Economic Crisis in New York in June, I stated that the scale and unpredictability of the global economic crisis is seriously undermining progress on the Millennium Development Goals. I emphasised that twin challenges of economic crisis and pressure on aid budgets internationally demand that we improve the effectiveness of our aid, and focus more clearly on key priorities.

The core priority of Ireland's aid programme is the eradication of extreme poverty and hunger in the developing world. In response to the recommendations of the Government's Hunger Task Force, I have established the fight against global hunger as a cornerstone of the aid programme, and of our development policy. Ireland is taking a strong lead internationally on the hunger crisis, highlighting the over-riding importance of the first Millennium Development Goal, to halve the proportion of people living in poverty and hunger.

It is expected that Ireland will again this year be the sixth most generous aid donor internationally, in per capita terms. We are playing an important role also in shaping the development policy of the European Union, which provides almost 60 per cent of global development assistance. In the current difficult economic environment, I believe it is essential that we work together with our partners in the developing world, and with the UN to give renewed impetus to the fight against global poverty and hunger in line with the Millennium Development Goals.

Question No. 54 answered with Question No. 17.
Question No. 55 answered with Question No. 42.

Conflict Diamonds.

Sean Sherlock

Ceist:

56 Deputy Seán Sherlock asked the Minister for Foreign Affairs if he will provide details of the implementation of the Kimberly process in Africa. [31724/09]

The Kimberley Process Certification Scheme (KPCS) is an international initiative to stem the flow of "conflict diamonds". Conflict diamonds are rough diamonds used by rebel movements to finance wars against legitimate governments. The trade in these illicit diamonds has fuelled decades of devastating conflicts in countries such as Angola, Cote d'Ivoire, the Democratic Republic of the Congo and Sierra Leone.

The KPCS represents a cooperative effort by government, industry and civil society to impose extensive requirements on its members before allowing them to certify shipments of rough diamonds as "conflict-free". The KPCS has 49 members, representing 75 countries. The EU is a member in its own right.

The Kimberley Process has been confronted by many challenges since its launch in 2002. Concern persists that a number of uncooperative governments are undermining its effectiveness. There has been growing discontent among civil society regarding the credibility of the KPCS, focusing on the political will, particularly on the part of some African governments, to implement the commitments they have signed up to.

The KPCS has established a Working Group on Monitoring (WGM) which monitors implementation at country level and operates a programme of review visits to producer countries. Currently the WGM is exploring strengthening KPCS vigilance through the development of a diamond footprint and enhancing regional cooperation. Ghana has led the way in both of these initiatives. However serious concern regarding the situation in Cote d'Ivoire was highlighted in the UN Group of Experts mid-term report in April 2009. Concern also persists with respect to smuggling and fraud in the Mano River basin and in the DRC and to fraudulent certificates emanating from Namibia and Guinea.

The country which arouses most concern is Zimbabwe, where there are widespread allegations of government-led human rights abuses in the Marange diamond field. As a result of these allegations, the KPCS sent an investigation team to Zimbabwe in late 2008. The findings of the team called on Zimbabwean officials, at a minimum, to suspend mining in the Marange field, demilitarize the operations and investigate the role of the military and the police. The team found substantial indications of non-compliance with the KPCS in a number of areas but primarily arising from the situation at Marange. While the interim report included a recommendation to suspend Zimbabwe from the KPCS, the report has not yet been finalised. Further steps, including meetings with the Zimbabwe government, are required before the suspension could be imposed by the KPCS.

Increasing the effectiveness of the KPCS will require greater political commitment by governments in producer countries and enhanced regional cooperation. The KPCS has also called for greater efforts at government level to integrate the process into their customs and border controls.

Signatories restated their commitment to the KPCS at a three-day inter-sessional meeting in Namibia in June, 2009. The next Plenary meeting of the KPCS will take place in Namibia in November 2009.

Question No. 57 answered with Question No. 51.
Question No. 58 answered with Question No. 17.

Illegal Trade of Natural Resources.

Ciaran Lynch

Ceist:

59 Deputy Ciarán Lynch asked the Minister for Foreign Affairs the steps the European Union is taking to address the export of resources, such as coltan, in the Democratic Republic of Congo. [31725/09]

The EU is closely following the situation in the Democratic Republic of the Congo (DRC) as that country recovers from the effects of the brutal 1996-2003 civil war. While much of the country has achieved a degree of stability, several localised conflicts have continued, most notably in the east of the country. These conflicts have in many cases been characterised by an appalling degree of brutality, with large-scale attacks on the civilian population and widespread sexual violence. It is a matter of particular concern that the illegal exploitation and trade of natural resources is financing armed groups, thus fuelling these conflicts.

The east of the DRC is particularly rich in natural resources, with sixty-four percent of the world's reserves of coltan. Rapidly increasing consumption levels in relation to electronic products in developed nations have sent coltan prices soaring in recent years. Coltan is used in cellular phones, computers, jet engines, missiles, ships, and weapons systems. Mining for coltan, therefore, is a highly profitable industry, especially when compared to other opportunities in a region racked by poverty and war. Workers are willing to compromise their human rights for the opportunity to earn a living wage in the mining camps where coltan is extracted.

The EU has also actively supported efforts to address ongoing instability in the DRC. It fully backs the work of MONUC, the UN mission to the DRC. The EU's Special Representative for the Great Lakes region, Mr. Roeland van de Geer, leads the Union's efforts to promote the stabilisation of eastern DRC. In February 2009 the EU hosted a meeting to establish the Task Force on Illegal Exploitation and Trade of Natural Resources in the Great Lakes Region. This Task Force includes representatives and experts from MONUC, the US, the OECD, Canada, Norway and EU member states.

It has held three meetings to date, with its next meeting scheduled to take place on 6 October in Brussels. To date, its work has focused on (i) encouraging the mapping of the mining areas controlled by the armed groups and the army, (ii) the publication of other relevant data concerning the supply chain of minerals in eastern DRC; (iii) building capacity in the DRC authorities in surveillance and control and (iv) improving due diligence in the DRC.

The work of the Task Force underlines the EU's commitment to the Congolese people and the importance it attaches to ending the illegal exploitation and trade of natural resources and to consolidating the rule of law, security and stability in the DRC.

Code of Ethics for Irish Industries Abroad.

Sean Sherlock

Ceist:

60 Deputy Seán Sherlock asked the Minister for Foreign Affairs if he will provide details of correspondence in relation to ethical guidelines between his Department and Irish companies working in extractive industries abroad. [31723/09]

I am not aware of any recent correspondence in relation to ethical guidelines between my Department and Irish companies working in the extractive industries abroad.

The Government supports greater transparency in the area of foreign investment in general, including in the extractive industries. The Government also attaches the highest importance to corporate social responsibility with regard to natural resource extraction, especially in the context of development.

I have provided information on the Kimberly Process Certification Scheme (KPCS) concerning "conflict diamonds", in response to a separate question from Deputy Sherlock on that issue.

EU Treaties.

Ruairí Quinn

Ceist:

61 Deputy Ruairí Quinn asked the Minister for Foreign Affairs the position regarding work being undertaken in the run-up to the Lisbon referendum in October 2009. [31749/09]

At the European Council held in Brussels on 18-19 June, we achieved all of our pre-summit goals, including the permanent retention of an EU Commissioner for Ireland, and a series of legally binding guarantees relating to taxation policy, the right to life, education and the family, and our traditional policy of military neutrality, as well as a solemn declaration on workers' rights. This package, the content of which was shaped by the independent research commissioned by the Government in the wake of last year's referendum vote, and by the work of the Oireachtas Sub-Committee on Ireland's Future in the European Union, is the fruit of more than six months of intense negotiation with our European partners.

On the basis of this new package, the Government agreed to propose the holding of a referendum so that the people can be asked to agree a set of amendments to the Constitution permitting the State to ratify the Treaty of Lisbon.

In preparation for the referendum, work has been undertaken on two fronts: legislation and information.

The wording for next month's referendum is contained in the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009, which was passed by the Houses of the Oireachtas on 9 July. On the same date, the Houses agreed a Statement for the Information of Voters, which includes the wording of the amendment and explains its content. This Statement will be sent to each voter in advance of the referendum and will be available in polling stations on the day of the vote, Friday the 2nd of October.

In the event of a Yes vote, it is anticipated that further legislation would be required in order to amend the European Communities Acts 1972 to 2007 and the European Union (Scrutiny) Act 2002.

The Defence (Miscellaneous Provisions) Bill 2009 was introduced in the House on 6 September. If there is a Yes vote, it is intended to enact this Bill, which has two main purposes: to enhance Oireachtas control of the State's participation in EDA projects and programmes, and to make any participation by the State in Permanent Structured Co-operation under the Treaty of Lisbon contingent on Dáil approval.

One of the clear lessons from last year's referendum is that the people wanted better, clearer information about what they were voting on. I have already mentioned that a Statement for the Information of Voters will be sent to every home ahead of referendum day.

In addition, we have produced a variety of publications explaining the Treaty. These include a postcard-sized explanation of the legal guarantees secured in June, a comprehensive White Paper, a 30-minute guide, and a leaflet which has been sent to every household in the country during the past week or so. As part of the Department of Foreign Affairs' Communicating Europe Initiative, we have launched eumatters.ie, a website which provides factual information about our membership of the European Union.

The Department of Foreign Affairs also maintains a clear, objective and frequently-updated website at www.lisbontreaty.ie . Staff of the Department of Foreign Affairs are available to answer Treaty-related queries on a low-call number, 1850 211 602. We have advertised these different sources of information nationally, and have noted a growing demand for this information as polling day approaches.

A positive result on 2 October will represent an important step on the road to national economic recovery.

Question No. 62 answered with Question No. 24.

Departmental Staff.

Phil Hogan

Ceist:

63 Deputy Phil Hogan asked the Minister for Foreign Affairs the percentage increase in staff in his Department since 2000 to date in 2009; and if he will make a statement on the matter. [31781/09]

The number of staff employed by my Department on 1 September 2009 is 1,575.

This includes 320 permanent staff who are working in the Passport Offices in Ireland and 17 permanent staff in the Passport Office London. The small number of permanent staff in the Passport Office in London is supplemented by 26 Temporary Clerical Officers who, from 1 January 2009, are included in my Department's core numbers. The total figure of 1,575 also includes approximately 300 local staff currently employed at Missions abroad.

The equivalent figure as of 1 January 2000 was 1,385. The 13.7% increase (190 staff) over the intervening period was focused on two main areas of business growth: the Passport Offices and Ireland's Development Aid Programme, Irish Aid.

In the case of the Passport Office, a total of 120 additional staff were recruited since 2006 in response to significant annual increases in the demand for passports over recent years (approximately 50% since the beginning of the decade) and the introduction of the new E-passport, featuring a biometric chip. This increase in the permanent staff enabled the Passport Office to maintain a high level of customer service while also significantly reducing the number of temporary clerical staff engaged in the lead up to, and during, the busy summer period, as well as its reliance on overtime during this peak season. In the case of the Passport Office, the cost of additional staff should be offset against the significant increase in revenue from passport receipts.

The recruitment of additional staff for Irish Aid was directly related to the rapid expansion in the scale and scope of the development assistance programme which has seen the aid budget increase from €255 million in 2000 to €696 million in 2009 These staff increases fall significantly short of levels recommended in a number of independent reports on Irish Aid.

Question No. 64 answered with Question No. 33.
Question No. 65 answered with Question No. 17.

Human Rights Issues.

Jack Wall

Ceist:

66 Deputy Jack Wall asked the Minister for Foreign Affairs the position regarding the treatment, and safety, of the Ahmadiyya community in Pakistan; and the measures the international community are taking in order to help alleviate the mistreatment of persons suspected to be followers of this faith. [31746/09]

Ireland and its EU partners continue to have concerns about human rights issues in Pakistan, including instances of intolerance towards the Ahmadiyya community there. Promoting religious tolerance remains a key EU objective in relation to Pakistan. We have urged the Government of Pakistan to make every effort to promote effectively the rights of minorities and to improve their current conditions. EU Council Conclusions on 28 April and 8 December 2008 reaffirmed the importance of human rights in Pakistan as a central priority for the EU.

Human rights issues are raised with Pakistan both bilaterally and at EU level. A demarche which was carried out in Islamabad by the EU Troika on 28 December 2008 as part of the EU's human rights dialogue with Pakistan highlighted, inter alia, the frequent reports of discrimination and violence against members of minority communities. The EU encouraged the Government of Pakistan to promote tolerance, to protect freedom of belief and freedom of expression effectively and to reform discriminatory legislation, in particular the blasphemy laws. In this context, the EU expressed its hope that the newly appointed Federal Minister for Minority Affairs would find opportunities and means to raise awareness about abuses against minorities and to increase their political representation at all levels.

Human rights and minority issues were also discussed at the first EU-Pakistan Summit which was held in Brussels on 17 June last. The EU welcomed progress made by Pakistan in its transition to democratic civilian rule following the February 2008 parliamentary elections. It also recognised efforts being made by Pakistan towards the integration of women and minorities in social, economic and political structures, and it encouraged continued efforts in this regard. Both sides recognised the importance of the implementation in Pakistan of relevant international conventions in the human rights field.

Combating religious intolerance is a traditional priority for Ireland in its international human rights advocacy. Ireland has actively supported resolutions on the elimination of religious intolerance at the UN Human Rights Council and at the UN General Assembly, most recently co-sponsoring a resolution on the topic of discrimination based on religion or belief which was adopted at the tenth session of the UN Human Rights Council in March of this year.

Question No. 67 answered with Question No. 53.

Departmental Expenditure.

Charles Flanagan

Ceist:

68 Deputy Charles Flanagan asked the Minister for Foreign Affairs the amount spent by him on consultancies in 2007, 2008 and to date in 2009; and if he will make a statement on the matter. [31782/09]

The Department of Foreign Affairs is responsible for two Votes — Vote 28 (Foreign Affairs) and Vote 29 (International Cooperation). The following are the details of expenditure under sub-head A7 (Consultancy) under both Votes in 2007, 2008, and up to 14th September in 2009:

Expenditure under Consultancy Subhead (A07)

Vote 28

Vote 29

Total Vote 28+ Vote 29

2007

245,462

2,839,798

3,085,260

2008

243,781

3,838,561

4,082,342

2009 (up to 14th September)

34,538

423,027

457,565

I am very conscious of the need to achieve value for money on consultancy expenditure. The Department commissions consultancies only where specialised knowledge and/or skills are not available within the Department and, particularly in the case of Irish Aid (Ireland's official development assistance programme), where an independent evaluation of programmes and projects is required. Given the overall scale of the Irish Aid Programme, this level of monitoring, review and evaluation is both prudent and proportionate.

Question No. 69 answered with Question No. 24.

Diplomatic Representation.

Jim O'Keeffe

Ceist:

70 Deputy Jim O’Keeffe asked the Minister for Foreign Affairs if he proposes to reduce the network of overseas embassies and consulates. [31680/09]

Ireland has a network of 75 resident diplomatic and consular Missions abroad, as well as the British-Irish Inter-Governmental Secretariat in Belfast and the North-South Ministerial Council Joint Secretariat in Armagh.

The Irish diplomatic network provides essential consular services, diplomatic representation and commercial services overseas. A number of missions also play a key role in the delivery of Ireland's development aid programme. Our network is modest in scale when compared to other equivalent European States; three quarters of our missions consist of only two or three diplomatic officers.

In light of the current challenges in the public finances, the Government is examining all areas of expenditure to identify where savings can be made, while minimising the impact on front-line services provided to the public. The decision to close the Consulate General in Cardiff was recently taken in the context of current budgetary constraints and to enable a redeployment of limited resources to maximise potential returns to the State. No further decisions on the closure of specific Embassies have been made to date.

The opening and closing of missions abroad is considered by the Government on an ongoing basis, these decisions can, as I am sure the Deputy will appreciate, only be undertaken having regard to clear national priorities and available resources. For example, any decision to open a new Mission overseas must be on the basis of an anticipated significant return for the State. The United Arab Emirates has been identified as a country where increased diplomatic representation would offer significant potential economic value to Ireland. Accordingly, and in order to take advantage of this potential, the Government decided to establish an Embassy in Abu Dhabi, which will open this Autumn.

The report from the Special Group on Public Sector Numbers and Expenditure Programmes made some recommendations relating to my Department, including the reduction in the size of our diplomatic network. However, it did not specify particular missions for possible closure but rather gave a proposed saving of €14 million which the Special Group believe could be achieved through the closure of 20 missions. These recommendations, along with all the recommendations set out by the Special Group, will be considered by Government as part of the Estimates process.

On the other hand, a consistent theme from invitees to the Global Economic Forum which took place at Farmleigh, last weekend, was the need for Ireland to expand, rather than contract its network of Embassies and Consulates. Full account will need to be taken, therefore, of both the operational and reputational costs and the potential financial savings of Embassy closures. I can assure the Deputy that my objective, to the greatest extent possible and within the limits of available resources, is to maintain the capability of Ireland's diplomatic network overseas in order to promote our key objectives abroad, particularly support for our economic recovery.

Question No. 71 answered with Question No. 51.

Foreign Conflicts.

Ruairí Quinn

Ceist:

72 Deputy Ruairí Quinn asked the Minister for Foreign Affairs the position, one year after the conflict between Georgia and the Russian Federation, as it pertains between these two nations; and the European Union’s role in seeking to foster peace in the area. [31750/09]

As the Deputy will be aware, the already difficult relationship between Georgia and the Russian Federation was further exacerbated by the violent conflict which broke out on 7-8 August 2008 and by the decision of the Russian Federation to recognise the break-away regions of South Ossetia and Abkhazia as independent states.

The efforts of the international community have helped return some stability to the region, and work is continuing with a view to achieving a sustainable resolution. However, the situation remains tense. On 30 April 2009, agreements were signed between the Russian Federation and South Ossetia and Abkhazia allowing Russian border guards to be stationed along the break-away regions' administrative boundaries. Ireland supported the EU Presidency statement noting that the agreements were in contravention of the Medvedev-Sarkozy six point plan of 12 August 2008. The statement also reiterated the EU's support for the sovereignty and territorial integrity of Georgia. Tension has also been caused by vessels attempting to access Abkhazia directly via the Black Sea.

Meetings under the Geneva Talks Process, established in the Medvedev-Sarkozy six-point agreement and co-chaired by the UN, the EU and the OSCE, have taken place on seven occasions. The most recent meeting took place on 17 September 2009 during which the Co-Chairs reviewed the general security situation and the work of the joint incident prevention and response mechanisms. Participants at the talks welcomed the regular convening of these mechanisms which provide an important contribution towards improving stability and security on the ground by providing a means for all sides to respond quickly to security incidents. Participants also discussed a non-paper prepared by the Co-Chairs relating to the non-use of force and international security arrangements. In addition, discussions took place on issues such as the return of refugees and internally displaced persons.

Ireland strongly supports the Geneva Talks Process, which remains an essential element in facilitating dialogue between the Russian Federation and Georgia. I am pleased that the recent talks in Geneva were conducted in a positive atmosphere and welcome the continued operation of the incident prevention and response mechanisms, which provide an important forum for addressing security-related matters and preventive measures. I also welcome the continued focus on humanitarian issues at the talks. The next meeting is scheduled for 11 November 2009.

I regret that it did not prove possible to reach agreement on extending the mandates for the UN and OSCE missions to Georgia. However, the EU Monitoring Mission, which was deployed on 1 October 2008 in accordance with the arrangements set out in the agreement negotiated by the then EU Presidency, continues to play a vital role in monitoring the situation on the ground. Ireland has contributed four personnel to the EU Monitoring Mission. In addition, EU member states, including Ireland, have provided vital humanitarian assistance to those affected by the fighting.

An EU-backed independent international inquiry into the conflict in Georgia was launched in December 2008 under the leadership of Heidi Tagliavini, a Swiss former UN special representative to Georgia, and is tasked to look into the origins and unfolding of the conflict in Georgia. It is expected that the inquiry will issue a report later this year.

On the 9 September a Georgian resolution concerning the issue of internally displaced persons was approved by the UN General Assembly by 48 votes to 19, with 78 abstentions. Ireland, together with the vast majority of EU member states, supported the resolution. Ireland, together with its EU partners, supports the territorial integrity of Georgia and actively engages in efforts to find a lasting and peaceful resolution to this conflict.

Question No. 73 answered with Question No. 24.
Question No. 74 answered with Question No. 15.
Question No. 75 answered with Question No. 17.

FÁS Training Programmes.

Kathleen Lynch

Ceist:

76 Deputy Kathleen Lynch asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of apprentices registered with FÁS who are currently unemployed; the initiatives in place or planned by FÁS to assist these apprentices in completing their apprenticeships; and if she will make a statement on the matter. [32700/09]

There are currently 6,867 apprentices registered with FÁS as being without employment. The Department through the auspices of FÁS has responded to the increased level of redundant apprentices, especially in construction and related sectors, by facilitating the provision of over 4,000 training places.

On a practical basis in addition to the immediate referral to FÁS of redundant apprentices through the social welfare system and the provision of appropriate guidance by FÁS in relation to preparation for a re-sit of any outstanding off-the-job modular assessments, the rules for off-the-job training have been amended by FÁS to permit redundant apprentices to progress to their next off-the-job training at phases 2, 4 and 6. The number of redundant apprentices to be provided with off-the-job training in 2009 is estimated at c. 2,400 compared to 619 in 2008.

Redundant apprentices may also avail of existing specific skills training courses, which are trade-related to enhance their employable skills, and trade-related night courses available in FÁS Training Centres. FÁS will provide redundant apprentices with an opportunity to undertake phase 7 assessments where an on-the-job assessment opportunity is not currently available. FÁS will also be providing a facility for redundant apprentices who have reached the minimum qualifying standard in all phases 1-7 inclusive and who have not completed the minimum duration in employment as an apprentice to make an application for consideration under Recognition of Prior Learning for the Award of an Advanced Craft Certificate.

My Department has introduced a temporary Employer Based Redundant Apprentice Rotation Scheme to facilitate and support employers to provide on-the-job training in trades such as Brick & Stone-laying, Carpentry & Joinery, Plastering, Plumbing, Cabinet Making, Painting & Decorating, Wood Machining and Electrical. This scheme assists an employer to take on a redundant apprentice when their own apprentice has been released to go on scheduled phase 4 or phase 6 off-the-job training in an Institute of Technology.

In addition, a number of other organisations have assisted in providing measures aimed at assisting redundant workers. For example, Léargas is providing funding under the EU Leonardo Da Vinci vocational education and training programme to support the placement of almost 100 redundant apprentices with overseas employers to complete their phase 7 on-the-job training with assessments.

ESB Networks has agreed a programme with FÁS to provide on-the-job training to eligible redundant electrical apprentices at phase 5 and phase 7. This programme will provide up to 400 places over a period of eighteen months and will be funded by ESB Networks. There are currently 100 previously redundant electrical apprentices in employment with ESB Networks, 25 redundant electrical apprentices have completed their off-the-job training with assessments and a further 75 redundant electrical apprentices will be provided with an opportunity to complete their on-the-job training before the end of December 2009.

In the higher education sector the Institutes of Technology are providing 700 places per annum on an 11-week certified training programme for those redundant apprentices in the construction and engineering areas who have completed their phase 4 training but where an on or off-the-job training opportunity is not currently available to them. This programme commenced in September 2009.

Redundancy Payments.

Pádraic McCormack

Ceist:

77 Deputy Pádraic McCormack asked the Tánaiste and Minister for Enterprise, Trade and Employment the waiting time, in view of the Redundancy Payment Acts 1967 to 2003, for employers to receive the rebate for redundancies from her Department when her Department has to pay the employers 60% of the redundancies paid out; and if she will make a statement on the matter. [32702/09]

The huge increase in the number of Redundancy Payment claims lodged with the Redundancy Payments Section of my Department in the latter part of 2008, and to date in 2009 is unprecedented and is giving rise to delays in the processing of redundancy payments for individuals and companies.

Currently, the average time it takes to process rebate applications from employers filed online is 7 months while claims submitted by post are taking 8 months. However, to put it in perspective, at end August 2009 the number of Redundancy claims paid by my Department relating to applications received in 2009 and earlier years, amounted to 26,405. This equates to payments of around €179 million, both to employers and, in some cases, directly to employees. This means the Department is issuing an average of around €5 million per week in redundancy payments. The backlog of applications awaiting payment at end August stands at 43,250. Of this total, an estimated 7,500 claims are the subject of query and requests for further information.

Regarding rebate payments made to employers which amount to 60% of the amount paid out by employers, claims completed manually, submitted by post and received in January and claims submitted online (to www.entemp.ie) received in February are currently being processed. Claims submitted online because of their nature tend to have a faster processing time. Regarding statutory lump sum payments to employees whose former employers are insolvent and/or in receivership/liquidation and are unable to pay the Department is currently processing claims received in June.

Naturally, the Tánaiste and I share concerns about current processing times which individuals and employers continue to experience and further initiatives, including that of additional resourcing measures, have been implemented in order to improve the turnaround in the processing of redundancy payments.

Banking Sector Regulation.

Fergus O'Dowd

Ceist:

78 Deputy Fergus O’Dowd asked the Minister for Finance if he will respond to correspondence from a person (details supplied); and if he will make a statement on the matter. [32635/09]

I refer the Deputy to the comments I made in the course of my Second Stage Speech on the National Asset Management Agency (NAMA) Bill 2009 on 16 September 2009 on the effect that NAMA will have on individual institutions.

I indicated that while the banking system can be revived and serve the economy in a proper manner, the existing structures cannot remain the same. Already a number of banks are developing restructuring plans to meet EU requirements arising from recapitalisation. I am confident that this restructuring process will result in a reformed and reinvigorated banking system. While it is too early to define a definitive shape for this new banking system, it will be a focus of my work over the coming weeks.

Flood Relief.

John McGuinness

Ceist:

79 Deputy John McGuinness asked the Minister for Finance if the Office of Public Works will fund a scheme to resolve the flooding issue at the home of a person (details supplied), in County Kilkenny, on foot of an inspection of the location by OPW officials; and if he will make a statement on the matter. [32676/09]

I am advised by my officials in the Office of Public Works that the OPW (in partnership with Kilkenny County Council) funded a Flood Risk Management Study in respect of flooding problems in various towns in Co. Kilkenny. The consultant's report on the matter is still awaited by OPW.

Tax Collection.

Charlie O'Connor

Ceist:

80 Deputy Charlie O’Connor asked the Minister for Finance if, in respect of Article 325 of the Lisbon treaty which relates to combating fraud, he will confirm the way he proposes to protect the financial interests of the European Union and Ireland’s own financial interests as part of the Lisbon treaty with respect to the illicit trade of tobacco here; if his attention has been drawn to the fact that the illicit trade of tobacco cost the Exchequer €387 million in 2008 and is estimated to cost close to a half billion euro in 2009; and if he will make a statement on the matter. [32699/09]

I am informed by the Revenue Commissioners, who are responsible for enforcement and investigation associated with the illicit trade in cigarettes, that, in addition to the wide range of enforcement measures undertaken at national level, they actively engage on an ongoing basis with the European Anti-Fraud Office (OLAF) and also with other Customs Administrations in the Member States on the matter of cigarette smuggling. OLAF has set up a special task force titled Task Group Cigarettes for this purpose.

Cooperation in this field includes: conducting and assisting in international investigations, often co-ordinated and supported by OLAF; undertaking controlled deliveries of commercial consignments of illicit cigarettes detected, involving one or more Member State; participating in Joint Customs Operations with the Member States, co-ordinated by OLAF.

In addition, Ireland, along with the other Member States, has ratified two international agreements concluded by OLAF with global cigarette manufacturers, Philip Morris International and Japan Tobacco International, with a view to tackling the illicit trade in counterfeit and contraband cigarettes.

As regards the estimated cost to the Exchequer mentioned, I am informed by the Revenue Commissioners that they are not in a position to confirm the estimate of tax loss from cigarette smuggling in 2008 or to attempt to forecast the tax loss on cigarettes in 2009, as there is no reliable method for determining these figures. However, the figure mentioned of €387m for 2008 is equivalent to approximately 20% of the market and Revenue would tentatively accept that this is a reasonable estimate of the amount of untaxed cigarettes consumed in Ireland during the year. It is however important to note that this estimate includes legal cross-border shopping purchases for personal consumption along with smuggled counterfeit and contraband cigarettes.

In relation to the estimate for 2009, the only precise information that Revenue can confirm is the volume of cigarettes on which excise duty is charged and the number of cigarettes seized by customs. Cigarette clearances on payment of tax in the first eight-month period ending August 2009 are around 2,892.7m, down 10% on the same period in 2008. Some 60.7m cigarettes with a retail value of approximately €25.6m were seized during the first eight months of 2009. This can be compared to a total number of around 135.2m cigarettes with an estimated average retail value of €54.4m, seized in the twelve months of 2008.

Proposed Legislation.

Joanna Tuffy

Ceist:

81 Deputy Joanna Tuffy asked the Minister for Finance if he will provide information regarding the revisions of the arterial drainage consent system to meet the requirements of European law and the Aarhus Convention; when this work will be completed; and if he will make a statement on the matter. [32730/09]

The process to revise the Arterial Drainage Act 1945 as amended by the Arterial Drainage Act 1995 and the Environmental Impact Assessment Regulations 1989, 1998 and 1999 for the purpose of giving effect to the Directive 2003/35/EC of the European Parliament and of the Council of the 26th May 2003 is well advanced. I expect to sign the draft regulations within the next couple of weeks, after which they will be published in Iris Oifigiúil and notified to the European Commission.

Banking Sector Regulation.

Paul Kehoe

Ceist:

82 Deputy Paul Kehoe asked the Minister for Finance his views on correspondence (details supplied); and if he will make a statement on the matter. [32734/09]

I refer the Deputy to the comments I made in the course of my Second Stage Speech on the National Asset Management Agency (NAMA) Bill 2009 on 16 September 2009 on the effect that NAMA will have on individual institutions.

I indicated that while the banking system can be revived and serve the economy in a proper manner, the existing structures cannot remain the same. Already a number of banks are developing restructuring plans to meet EU requirements arising from recapitalisation. I am confident that this restructuring process will result in a reformed and reinvigorated banking system. While it is too early to define a definitive shape for this new banking system, it will be a focus of my work over the coming weeks.

Ministerial Responsibilities.

Alan Shatter

Ceist:

83 Deputy Alan Shatter asked the Minister for Finance his views on whether it is appropriate that a person (details supplied) remains a member and the chairperson of the board of the Institute of Public Administration; and if he will make a statement on the matter. [32746/09]

I have no role in the selection or appointment of the Chair of the Institute of Public Administration. The Institute is a company limited by guarantee founded in 1963. The Articles of Association of the Institute provide that the Chair of the Board shall be appointed by ordinary resolution passed at an Annual General meeting of the Institute following a recommendation from the Board.

Health Services.

Bernard J. Durkan

Ceist:

84 Deputy Bernard J. Durkan asked the Minister for Health and Children when a domiciliary care allowance will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [32766/09]

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.

Brian O'Shea

Ceist:

85 Deputy Brian O’Shea asked the Minister for Health and Children if her attention has been drawn to the delay for children awaiting orthodontic treatment at Waterford Regional Hospital; and if she will make a statement on the matter. [32623/09]

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

Medical Cards.

Dan Neville

Ceist:

86 Deputy Dan Neville asked the Minister for Health and Children if a medical card application will be processed in respect of persons (details supplied) in County Limerick.. [32625/09]

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

Social Welfare Benefits.

Dan Neville

Ceist:

87 Deputy Dan Neville asked the Minister for Health and Children if a back to school allowance will be processed in respect of a person (details supplied) in County Limerick. [32626/09]

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

Health Services.

Dan Neville

Ceist:

88 Deputy Dan Neville asked the Minister for Health and Children if she will make a statement on the case of a person (details supplied) in County Limerick. [32627/09]

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.

Cancer Screening Programme.

Dinny McGinley

Ceist:

89 Deputy Dinny McGinley asked the Minister for Health and Children the position regarding breast cancer services at Letterkenny General Hospital, County Donegal; and if she will make a statement on the matter. [32633/09]

The matter raised by the Deputy relates to the provision of healthcare services and accordingly, I have asked the HSE to respond directly to the Deputy on the matter.

Health Services.

Fergus O'Dowd

Ceist:

90 Deputy Fergus O’Dowd asked the Minister for Health and Children if an early appointment for ophthalmic services will be arranged in respect of a person (details supplied) in County Louth; and if she will make a statement on the matter. [32634/09]

As the Deputy's question relates to a service matter it has been referred to the Health Service Executive for direct reply. `

Ned O'Keeffe

Ceist:

91 Deputy Edward O’Keeffe asked the Minister for Health and Children if she will arrange to have a service provided to a person (details supplied) in County Cork. [32651/09]

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

Hospital Services.

Michael McGrath

Ceist:

92 Deputy Michael McGrath asked the Minister for Health and Children the position regarding the provision of a drug to a person (details supplied) in County Cork. [32672/09]

The provision of this drug to patients is currently a matter for decision by the hospital concerned. The issue of access to the drug in question is also under consideration by the Health Service Executive. Arising from a recent review of neurology services, a clinician led review group is to advise on how best to ensure that there is fair and equitable access to this drug and other agents used to treat this particular condition, taking account of clinical need, benefits and cost. The group is to include patient representation.

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

John McGuinness

Ceist:

93 Deputy John McGuinness asked the Minister for Health and Children if an early appointment for an assessment will be made at the orthopaedic clinic, Waterford Regional Hospital, County Waterford in respect of a person (details supplied) in County Kilkenny. [32678/09]

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

Health Services.

John McGuinness

Ceist:

94 Deputy John McGuinness asked the Minister for Health and Children if the appropriate treatment and care will be arranged in respect of a person (details supplied) in County Kilkenny. [32679/09]

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

Hospitals Building Programme.

Paul Connaughton

Ceist:

95 Deputy Paul Connaughton asked the Minister for Health and Children if the €14 million earmarked by the Health Service Executive for the initial funding of the proposed community hospital in Tuam, County Galway is still available for the project; if the Tuam Community Hospital is still an integral part of the HSE overall hospital programme; the cost of the project since the land was purchased, including security, legal fees and any other costs associated with this project to date in 2009; and if she will make a statement on the matter. [32711/09]

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

Nursing Home Fees.

Paul Connaughton

Ceist:

96 Deputy Paul Connaughton asked the Minister for Health and Children if her attention has been drawn to the fact that some private nursing homes are transferring the cost of the new Health Information and Quality fees for the registration and inspection of nursing homes to the residents of those nursing homes; if his further attention has been drawn to the fact that in some cases this is costing more than €11 per week on top of the nursing home fees to pay for this service; if it was her intention that the residents would be liable for this cost; and if she will make a statement on the matter. [32713/09]

It has been brought to my attention that a number of private nursing homes have increased their fees following the introduction of the new system of registration and inspection.

As the Deputy is aware under the Health Act 2007, statutory responsibility is given to the Chief Inspector of Social Services, part of the Health Information and Quality Authority (HIQA) for inspecting and registering categories of centres, including nursing homes. HIQA commenced the new system of registration and inspection on July 1st, 2009. This has for the first time, introduced an independent system of inspection of both public and private nursing homes. It is important that this new inspection regime is effective, robust, independent and properly resourced.

In this regard the 2007 Act provides for the following fees: applications for registration or renewal of registration under Section 48 — this section states that the applicant shall include with the application the prescribed application fee; an annual fee payable by the registered provider under Section 99; and a fee for variation or removal of any conditions of the registration under Section 52 — a registered provider making an application under this section must include the fee with their application.

Following analysis of the types of centres, numbers of places, etc. it was decided to set a registration fee of €500, payable every 3 years by each nursing home together with an annual fee of €190 per place in each registered centre. It is estimated that the fee will represent an average weekly cost of €3.73 per registered place. The fees are payable by the registered provider (or in the case of applications for registration by the applicant, who for existing designated centres would normally be the registered provider). These fees are not due or payable by the resident or their family.

Article 8 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 states that:

(1) The registered provider shall agree a contract with the resident within one month of the admission of that resident to the designated centre.

(2) Such contract shall deal with the care and welfare of the resident in the designated centre and shall include details of the services to be provided for that resident and the fees to be charged.

Therefore, only those fees, including any agreed increases, set out in the contract should be charged by the registered provider to the resident.

Health Services.

John McGuinness

Ceist:

97 Deputy John McGuinness asked the Minister for Health and Children if home help will be provided in respect of a person (details supplied) in County Kilkenny; if, given the exceptional circumstances of this case, a home support package will be put in place; and if she will make a statement on the matter. [32718/09]

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

National Lottery Funding.

John McGuinness

Ceist:

98 Deputy John McGuinness asked the Minister for Health and Children the status of an application for funding submitted by an organisation (details supplied); the timeframe for dealing with such applications; and if she will expedite a response. [32719/09]

My Department has received an application for funding from the 2009 National Lottery allocation from Meningitis Trust, Bray, Co. Wicklow in August 2009. The organisation is seeking funding to offer support to families affected and to raise awareness of the disease. This is one of a large number currently being assessed by my Department. The Deputy will be informed of the outcome of the application as soon as a decision has been made.

Health Services.

John McGuinness

Ceist:

99 Deputy John McGuinness asked the Minister for Health and Children if orthodontic treatment will be provided in the case of a person (details supplied) in County Carlow; the services available to this person; and if she will make a statement on the matter. [32720/09]

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

Medical Cards.

John McGuinness

Ceist:

100 Deputy John McGuinness asked the Minister for Health and Children the steps she has taken to assess the needs of a person (details supplied) in County Kilkenny; if their needs will be assessed and action taken to provide the care and services needed; if their application for a medical card will be examined again on medical grounds; if she will ensure on the Health Service Executive giving an immediate response; and if she will make a statement on the matter. [32721/09]

The Deputy raised a question regarding this person on 16th September last and I understand that the Health Service Executive replied to the Deputy on 17th September.

As the Deputy's question regarding medical card benefit and the provision of health services relates to service matters, I have arranged for the question to be referred to the Health Service Executive for an update and direct reply to the Deputy.

Health Services.

John McGuinness

Ceist:

101 Deputy John McGuinness asked the Minister for Health and Children if a full programme of occupational therapy will be put in place in respect of a person (details supplied) in County Kilkenny; and if she will expedite a response from the Health Service Executive. [32722/09]

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

Medical Cards.

Paul Kehoe

Ceist:

102 Deputy Paul Kehoe asked the Minister for Health and Children the reason a person (details supplied) has been awarded a renewed medical card for only a six-month period, as opposed to the 12-month period for which their card normally applied; and if they can obtain a card for a three-year period to reduce the need for annual applications. [32733/09]

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

Health Compensation Scheme.

Charlie O'Connor

Ceist:

103 Deputy Charlie O’Connor asked the Minister for Health and Children her plans in respect of no fault insurance; and if she will make a statement on the matter. [32735/09]

A Group, chaired by Professor Peter McKenna of the Rotunda Hospital has been examining the feasibility of introducing a limited no fault scheme for infants who suffer from Cerebral Palsy. I will await their report before giving further consideration to a wider no fault compensation scheme for the health services.

As I have said before, I would be sympathetic to the introduction of a no fault compensation scheme with clearly defined parameters with regard to costs and the categories of claims to be included in any scheme.

Dementia Incidence.

David Stanton

Ceist:

104 Deputy David Stanton asked the Minister for Health and Children the prevalence of frontotemporal dementia in this country; the indicators of this condition; the research that is being carried out here into this condition; her plans to put supports in place for persons with this condition; and if she will make a statement on the matter. [32750/09]

Dementia is a group of symptoms characterized by impairment in a person's memory, intellect, judgement, language, insight and a deterioration in their social skills.

Frontotemporal dementia (frontotemporal lobar degeneration) is an umbrella term for a diverse group of disorders that primarily affect the frontal and temporal lobes of the brain — the areas generally associated with personality, behaviour and language. Signs and symptoms vary, depending upon the portion of the brain affected. Typically, during the initial stages of frontotemporal dementia, the person's memory is still intact but their personality and behaviour changes. It is important to recognise that these symptoms have a physical cause, and cannot usually be controlled or contained by the person.

There is no specific prevalence data on frontotemporal dementia in Ireland. However it is estimated that frontotemporal dementia constitutes less than 5% of the total cases of dementia (which in Ireland is estimated to be in the region of 40,000 people), with the highest prevalence in those of ages 40-70.

In Ireland research has been conducted into this condition by Professor Tim Lynch of the Mater Hospital in collaboration with Dr. Robert Coen (neuropsychologist) from St. James Hospital. The Health Research Board currently funds three research projects which are specifically focused on frontotemporal dementia.

The Deputy will be aware that Government Policy is to support people including those suffering from all forms of dementia to live in dignity and independence in their own homes and communities for as long as possible and, where this is not possible, to support access to quality long-term residential care. Over the last three years over €200 million in additional funding has been provided to develop community-services with particular emphasis in recent years given to developing home care packages, home-help services, meals-on-wheels and day/respite care across the country.

In addition to the above the HSE undertook a needs assessment of bed capacity requirements in the areas of long-stay, dementia specific and respite care beds. This assessment has informed proposals to expand capacity through the provision of 860 additional public beds under the Fast Track Bed Initiative over the period 2007-2010. The latest information provided by HSE indicates that by the end of June 2009, 333 additional long-stay beds had been made available under this initiative.

The recently published National Quality Standards for Residential Care Settings for Older People in Ireland, approved by the Minister for Health and Children include supplementary criteria for dementia specific residential care units which are to be read in conjunction with the general standards and apply to settings, or units within settings, exclusively for the needs of people with dementia.

Preliminary work will be carried out by the Department of Health and Children shortly on scoping work for developing a Dementia Policy.

Health Services.

Bernard J. Durkan

Ceist:

105 Deputy Bernard J. Durkan asked the Minister for Health and Children if funding will be put in place for a five day placement in respect of a person (details supplied) in County Kildare in September 2009; and if she will make a statement on the matter. [32764/09]

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

Medical Cards.

Bernard J. Durkan

Ceist:

106 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [32765/09]

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

Rail Network.

Joe Carey

Ceist:

107 Deputy Joe Carey asked the Minister for Transport the position of the development of the western rail corridor; and if he will make a statement on the matter. [32715/09]

Work is continuing on the first phase of the Western Rail Corridor, from Ennis to Athenry, and the line is on target to be completed by the end of the year.

Following the completion of phase 1, Iarnród Éireann will undertake a detailed evaluation of phases 2 and 3 with a view to arriving at precise costs to undertake these works. The current funding environment is difficult and it will not be possible to progress all the projects in Transport 21 in accordance with the ambitious timescale envisioned at its launch. However, I am seeking to progress planning of projects such as the Western Rail Corridor phases 2 and 3, to ensure that we are in a position to move to construction when financial circumstances permit.

Joe Carey

Ceist:

108 Deputy Joe Carey asked the Minister for Transport his views in respect of the development of a rail spur to Shannon Airport; and if he will make a statement on the matter. [32725/09]

Transport 21 does not provide for the construction of a rail link between Limerick and Shannon Airport. My Department provided funding of €240,000 to Iarnród Éireann towards carrying out a feasibility study for a Shannon Rail Link. This study was completed in February 2007 and was overseen by a Steering Group which included representatives of local authorities and local development interests including the Shannon Rail Partnership. The report concluded that the economic case for the rail link is poor and I understand that Iarnród Éireann have no plans to undertake any further work on the proposal.

The report is available on the Department's T21 website at:

www.transport21.ie/Publications/BusinessCases

Citizenship Applications.

Finian McGrath

Ceist:

109 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [32744/09]

Finian McGrath

Ceist:

117 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [32723/09]

I propose to take Questions Nos. 109 and 117 together.

I have been informed by the Irish Naturalisation & Immigration Service (INIS) that they have received an application from the person mentioned by the Deputy. The application was received in the General Immigration Division of my Department on 18 May 2009 and the matter is currently receiving attention and the officials from the General Immigration Division (INIS) will be in touch with the applicant shortly.

Registration of Title.

Jack Wall

Ceist:

110 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position of an application for the registration of lands in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32636/09]

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

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

In order to be of assistance the Deputy's query has been forwarded to the Authority for direct reply via the above mentioned service.

Departmental Bodies.

John Browne

Ceist:

111 Deputy John Browne asked the Minister for Justice, Equality and Law Reform the reason the Private Security Authority Appeals Board have not met and adjudicated on an appeal which was lodged with them more than six months ago by a company (details supplied) in County Wexford. [32656/09]

The Private Security Appeal Board, established under the Private Security Services Act 2004, is the statutory body with responsibility for hearing appeals against decisions of the Private Security Authority. The Appeal Board is an independent body under the aegis of my Department. I have no role, therefore, in relation to the hearing of individual appeals by the Appeal Board.

I understand, however, that the next meeting of the Appeal Board is expected to take place shortly, at which point a decision in the appeal referred to by the Deputy is expected to be made.

Visa Applications.

Niall Collins

Ceist:

112 Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform the status of a visa application for a person (details supplied); and if he will make a statement on the matter. [32662/09]

I am pleased to inform the Deputy that the visa application referred to has been approved.

Road Traffic Offences.

Thomas Byrne

Ceist:

113 Deputy Thomas Byrne asked the Minister for Justice, Equality and Law Reform when he expects to be in receipt of the information sought in Parliamentary Question No. 346 of 7 July 2009. [32692/09]

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

Citizenship Applications.

John Perry

Ceist:

114 Deputy John Perry asked the Minister for Justice, Equality and Law Reform the status of an application for naturalisation by persons (details supplied) residing in County Sligo; and if he will make a statement on the matter. [32696/09]

Applications for certificates of naturalisation from the persons referred to in the Deputy's Question were received in the Citizenship Division of my Department in July 2007. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that further processing of both applications is ongoing the files will be submitted to me for a decision in due course.

The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks.

There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Garda Reserve.

Charles Flanagan

Ceist:

115 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his plans to introduce changes to the role, function and legislative base of Garda reservists; and if he will make a statement on the matter. [32709/09]

Under section 15(5) of the Garda Siochana Act 2005, the range of powers and duties of Reserve Gardai is a matter for the Garda Commissioner to determine. An internal review of the Garda Reserve was carried out in 2008 and certain proposals, relating to duties, training, communications, and representation, were submitted for consideration to the Commissioner and his senior management team.

I have been informed by the Garda Commissioner that a number of proposals arising from the review have been implemented at this stage.

Citizenship Applications.

Jack Wall

Ceist:

116 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position of an application for a certificate of naturalisation by a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32710/09]

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 June 2007.

All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that processing of the application has been finalised and the file will be submitted to me for a decision in the near future. The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks.

There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Question No. 117 answered with Question No. 109.

Finian McGrath

Ceist:

118 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [32743/09]

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that they have not as yet received an application from the persons mentioned by the Deputy. The persons concerned should be advised to write to the General Immigration Division, INIS, which is located at 13-14 Burgh Quay, Dublin 2, providing full details and documentation of their current circumstances and of their future intentions with regard to remaining in Ireland in order for the matter to be considered further.

Garda Strength.

Bernard J. Durkan

Ceist:

119 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when Garda numbers will be restored to Maynooth Garda station, County Kildare, and its environs; and if he will make a statement on the matter. [32752/09]

I am informed by the Garda authorities that, as of 31 August 2009 the personnel strength of Maynooth Garda Station was 14.

Responsibility for the allocation of personnel rests with the Garda Commissioner, in consultation with his senior management team. Resource levels are constantly monitored, in conjunction with crime trends and other demands made on An Garda Síochána. The situation will be kept under review and the needs of the areas referred to by the Deputy will be fully considered within the overall context of the needs of policing requirements throughout the country.

Residency Permits.

Bernard J. Durkan

Ceist:

120 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for refugee status and residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [32753/09]

The person concerned has been granted temporary Leave to Remain in the State for a one year period to 20 August 2010. This decision was conveyed to the person concerned by letter dated 20 August 2009.

Asylum Support Services.

Bernard J. Durkan

Ceist:

121 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if self-catering accommodation will be offered to a person (details supplied) in County Cork; and if he will make a statement on the matter. [32754/09]

I am informed by the Reception and Integration Agency of my Department that the person named by the Deputy left its accommodation facility some time ago and that it has no plans to offer the person concerned any alternative accommodation.

Asylum Applications.

Bernard J. Durkan

Ceist:

122 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review his previous decision in the matter of residency in the case of a person (details supplied) in Dublin 15 on the grounds that the person was not aware of the requirements and on the basis of a recent submission from legal representatives; and if he will make a statement on the matter. [32755/09]

I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No. 112 of Thursday, 2 July, 2009, in this matter.

The latest position is that the person concerned is due to ‘present' again at the Offices of the Garda National Immigration Bureau (GNIB) on Tuesday, 29 September 2009. He remains the subject of a valid Deportation Order and the enforcement of that Order is an operational matter for the GNIB.

As the Deputy is aware, Section 3(11) of the Immigration Act 1999 (as amended) provides the Minister with powers to amend or revoke a Deportation Order. An application seeking to revoke a Deportation Order must set out new facts or circumstances which have arisen and which were not capable of being advanced at the time the decision to deport was made. My Department has no record of such an application having been made by, or on behalf of, the person concerned.

Bernard J. Durkan

Ceist:

123 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency in the case of a person (details supplied) in CountyMeath who is under medical supervision; and if he will make a statement on the matter. [32756/09]

The person concerned applied for asylum on 10 January 2006. She gave birth to a child in the State in early 2006 and this child was included on her asylum application. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 7 January 2009, that the Minister proposed to make a Deportation Order in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her child. 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 application for Subsidiary Protection is refused, the position in the State of the person concerned, and her child, will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Citizenship Applications.

Bernard J. Durkan

Ceist:

124 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in respect of applications for citizenship in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [32758/09]

Applications for certificates of naturalisation from the first and second named persons referred to in the Deputy's Question were received in the Citizenship Division of my Department in November 2006 and January 2007. I decided to defer making any final decision in both cases until June 2010. The persons in question were notified of this position and the reasons for it in letters issued on 24 June, 2009.

Applications for certificates of naturalisation from the third and fourth named persons referred to in the Deputy's Question were received in the Citizenship Division of my Department in November 2006. On examination of both applications it was determined that both applicants did not meet the residency requirements as set out in the Irish Nationality and Citizenship Act, 1956, as amended. The persons in question were informed of this in letters issued to them on 14 March, 2007.

It is open to the persons concerned to lodge new applications for certificates of naturalisation to the Citizenship Division of my Department if and when they are in a position to meet the statutory requirements.

Asylum Applications.

Bernard J. Durkan

Ceist:

125 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if leave to remain here will be offered to a person (details supplied) in County Mayo; and if he will make a statement on the matter. [32759/09]

The person concerned applied for asylum on 24 February 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 27 August 2007, 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 a Deportation Order should not be made against her. 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 application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Refugee Status.

Bernard J. Durkan

Ceist:

126 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to applications for residency and family reunification in the case of a person (details supplied) in Dublin 8 who has had difficulties of a political nature in their homeland; and if he will make a statement on the matter. [32760/09]

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

I am informed by the Immigration Division of my Department that the person in question was granted Refugee status and made a Family Reunification application in respect of his wife in September 2008.

This application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department.

This application will be considered by my Department and a decision will issue in due course.

Residency Permits.

Bernard J. Durkan

Ceist:

127 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Offaly; and if he will make a statement on the matter. [32761/09]

An application for residence in the State on the sole basis of marriage to an Irish national was received from the person in question on 24 July 2009. The Immigration Services Section of the Irish Naturalisation and Immigration Service (INIS) issued an acknowledgement of this application and request for documentation on 30 July 2009.

Applications of this kind, in fairness to all other applicants, are dealt with in chronological order and currently take up to nine months to process. It should be noted that marriage to an Irish national does not confer an automatic right of residence in the State.

Asylum Applications.

Bernard J. Durkan

Ceist:

128 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an appeal application for leave to remain here and asylum in the case of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [32762/09]

There is currently no application pending in my Department for leave to remain in the case of the person whose details were supplied.

If an application for asylum has been made by the person concerned, the Deputy will of course be aware that it is not the practice to comment in detail on individual asylum applications.

Bernard J. Durkan

Ceist:

129 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [32763/09]

The person concerned applied for asylum on 22 February 1999. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the then Asylum Division of the Department for Justice, Equality and Law Reform and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 26 February 2002, 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 a Deportation Order should not be made against her. Representations have been received on behalf of the person concerned.

The position in the State of the person concerned will now be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Diplomatic Representation.

Billy Timmins

Ceist:

130 Deputy Billy Timmins asked the Minister for Foreign Affairs the number of Irish embassies actually in operation; and if he will make a statement on the matter. [31894/09]

Ireland has a network of 75 resident diplomatic and consular Missions abroad, as well as the British-Irish Inter-Governmental Secretariat in Belfast and the North-South Ministerial Council Joint Secretariat in Armagh. This diplomatic network consists of 58 Embassies, 7 multilateral missions and 10 Consulates General and other offices. These Missions also have over 80 additional accreditations to other countries and organisations.

Ireland's diplomatic missions and consular offices are dedicated to the pursuit of Ireland's interests abroad and to enhancing Ireland's international profile. They are the external offices of the State, promoting Government policies and participating in the work of international organisations. A number of missions also play a key role in the delivery of Ireland's development aid programme. Diplomatic and consular missions perform a range of representational, promotional and reporting functions.

Missions accredited to multilateral organisations such as the United Nations present Ireland's views in negotiations and debate within these organisations. The role of the Permanent Representation to the EU in Brussels is to represent the State in its interface with the EU institutions and in negotiations at official level in the Council of Ministers. It also advises on negotiations at political level in the Council of Ministers and at the European Council.

In addition, there are also 19 Honorary Consuls General and 66 Honorary Consuls who provide consular assistance and services to Irish citizens in 59 countries.

I have set out below a full list of the locations and accreditations, both primary and secondary, of all Irish Embassies, Consulates and offices abroad, which will be entered into the record of the House.

Ireland's Diplomatic Network (September 2009)

Primary Accreditation

Secondary Accreditations

Argentina (Buenos Aires)

Bolivia, Chile, Paraguay, Uruguay

Australia (Canberra)

Fiji, New Zealand,

Australia (Sydney/Consulate General)

Austria (Vienna)

Permanent Representative to the International Organisations based in Vienna

Belgium (Brussels)

Permanent Representative to the Liaison Office of Ireland to the Partnership for Peace

Brazil (Brasilia)

Bulgaria (Sofia)

Canada (Ottawa)

Jamaica, Bahamas

China, (Beijing)

Mongolia

China, (Shanghai — Consulate General)

Cyprus (Nicosia)

Czech Republic (Prague)

Ukraine

Denmark (Copenhagen)

Iceland

Egypt (Cairo)

Jordan, Lebanon, Syria, Sudan

Estonia (Tallinn)

Ethiopia (Addis Ababa)

Permanent Representative to the African Union

Finland (Helsinki)

France (Paris)

Monaco

Germany (Berlin)

Greece (Athens)

Albania, Republic of Serbia

Holy See (Holy See)

Hungary (Budapest)

Republic of Montenegro, Republic of Kosovo

India (New Delhi)

Bangladesh, Nepal, Sri Lanka

Iran (Tehran)

Pakistan, Afghanistan

Israel (Tel Aviv)

Italy (Rome)

Libya, San Marino, Permanent Representative to the Food & Agriculture Organisation (FAO), the World Food Programme (WFP) and the International Fund for Agricultural Development (IFAD).

Japan (Tokyo)

Korea(Seoul)

Democratic People’s Republic of Korea(North Korea)

Latvia (Riga)

Lesotho (Maseru)

Lithuania (Vilnius)

Luxembourg (Luxembourg)

Malawi (Lilongwe)

Malaysia (Kuala Lumpur)

Thailand

Malta (Valetta)

Mexico (Mexico City)

Colombia, Cuba, El Salvador, Peru, Venezuela

Mozambique (Maputo)

Angola, Botswana

Netherlands (The Hague)

Nigeria (Abuja)

Ghana, Liberia, Senegal, Sierra Leone, Chad

Norway (Oslo)

Palestinian National AuthorityWest Bank Representative Office (Ramallah)

Poland (Warsaw)

Portugal (Lisbon)

Morocco

Romania (Bucharest)

Moldova

Russia (Moscow)

Armenia, Belarus, Georgia, Kazakhstan, Uzbekistan, Tajikistan, Kyrgyzstan

Saudi Arabia (Riyadh)

Bahrain, Kuwait, Oman, Qatar

Singapore (Singapore)

Philippines, Brunei, Indonesia, East Timor

Slovakia (Bratislava)

Former Yugoslav Republic of Macedonia

Slovenia (Ljubljana)

Bosnia and Herzegovina, Croatia

South Africa (Pretoria)

Democratic Republic of Congo, Zimbabwe

Spain (Madrid)

Andorra, Tunisia

Sweden (Stockholm)

Switzerland(Berne)

Algeria, Liechtenstein

Tanzania (Dar-es-Salaam)

Burundi, Eritrea, Kenya

Turkey (Ankara)

Azerbaijan

Uganda (Kampala)

Rwanda

UK (London)

UK (Edinburgh — Consulate General)

United Arab Emirates (Abu Dhabi)

(will officially open in Autumn 2009)

United States of America (Washington)

USA (Boston — Consulate General)

USA (Chicago — Consulate General)

USA (New York — Consulate General)

USA (San Francisco — Consulate General)

Vietnam (Hanoi)

Cambodia, Laos

Zambia (Lusaka)

Namibia

Sierra Leone (Freetown-Irish Aid Office)

(Ambassador accredited from Nigeria)

East Timor (Dili — Irish Aid Office)

(Ambassador accredited from Singapore)

Permanent Representations to International Organisations

Brussels

Permanent Representation of Ireland to the European Union

Brussels

Permanent Representation to the Liaison Office of Ireland to the Partnership for Peace

Strasbourg

Permanent Representation of Ireland to the Council of Europe

Vienna

Permanent Mission of Ireland to the Organisation for Security and Cooperation in Europe (OSCE)

Paris

Permanent Representation to the Organisation for Economic Cooperation and Development (OECD) and Permanent Delegation to the United Nations Educational, Scientific and Cultural Organisation (UNESCO).

Geneva

Permanent Mission of Ireland to the United Nations (UN)

New York

Permanent Mission of Ireland to the United Nations (UN)

Terence Flanagan

Ceist:

131 Deputy Terence Flanagan asked the Minister for Foreign Affairs if he will respond to the case of a person (details supplied); and if he will make a statement on the matter. [32670/09]

My Department, through the Consular Section in Dublin and our Embassy in Madrid, has been providing assistance on the case of the person mentioned by him since her disappearance on 1st January 2008. We have remained in regular contact with her family during this deeply worrying time for them.

Extensive physical searches of the area where the person mentioned was last seen have been conducted by specialist teams from the Spanish police. The Gardaí have also assisted the Spanish police with their investigation. Unfortunately, I understand that no lead or breakthrough in the case has yet occurred.

The Taoiseach, Brian Cowen T.D., and his predecessor have both met with the family in Dublin, as have I and senior officials from my Department. The Taoiseach has also been in contact with Spanish Prime Minister José Luis Rodríquez Zapatero highlighting his interest in the case. Prime Minister Zapatero in turn expressed his concern, solidarity and the commitment of the Spanish authorities to advance the investigation into the person's whereabouts.

Our Ambassador to Spain has met with high ranking political representatives in Málaga in relation to the case and senior police officer involved in the investigation on more than one occasion. The Ambassador and Consul were accompanied to the meetings by family members of the person concerned. The main purpose of the meetings was to obtain an updated account of the investigation and to keep the case alive in the public consciousness.

Our Embassy has been in regular contact since with the senior police officer leading this investigation and will continue to do so. He and the Spanish authorities have undertaken to keep the Embassy informed of any developments, which they are treating as a missing persons case, and of course any information received will be passed on immediately to the family both in Spain and in Ireland.

I can assure the Deputy that my Department, through the Consular Section and the Irish Embassy, will continue to provide all possible consular assistance to the family.

Family Support Services.

Jack Wall

Ceist:

132 Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs if he had or proposes to have meetings with the Department of Social and Family Affairs to discuss the family resource centres; if so, the decision of such meetings; and if he will make a statement on the matter. [32637/09]

The Department of Social and Family Affairs is the lead Department of State with responsibility for the Family Support Agency, which administers the Family Resource Centre Programme and discussions between departments take place from time to time as necessary.

In the context of providing more efficient and streamlined social inclusion services to people who need them the most, the integration of the Local Development Social Inclusion Programme and the Community Development Programme was recently announced.

Clearly for the future every opportunity for improved synergies and impacts by programmes delivered across Departments must be availed of, including across measures such as the new integrated programme referred to above and Family Resource Centres.

Consultancy Contracts.

Mary Upton

Ceist:

133 Deputy Mary Upton asked the Minister for Community, Rural and Gaeltacht Affairs the organisation or persons who carried out the funding review of the development programme of Comhaltas Ceoltóirí Éireann that was commissioned by him; the cost of this review; and if he will make a statement on the matter. [32701/09]

I wish to advise the Deputy that the review to which she refers was carried out for my Department by Mr John Hynes, former Secretary General, Department of Social and Family Affairs and Mr. Eoin O'Shea, BL and Chartered Accountant. The total cost of this review amounted to €37,449.

The review has been published on my Department's website at:

http://www.pobail.ie/en/IrishLanguage/CistenaGaeilge/. I would also draw the Deputy's attention to the statement I issued in the matter, a copy of which I have arranged to be forwarded to the Deputy for her information.

Social Welfare Code.

Michael McGrath

Ceist:

134 Deputy Michael McGrath asked the Minister for Social and Family Affairs her plans to make it a condition of the rent supplement scheme that the property which is the subject of the supplementary payment has been registered with the Private Residential Tenancies Board by the landlord. [32707/09]

Under the Residential Tenancies Act 2004, landlords are legally obliged to register tenancies with the Private Residential Tenancies Board (PRTB). The Department is working with the PRTB to ensure that all tenancies where rent supplement is in payment are registered with the PRTB. To that end, the Department provides details of rent supplement payments to the PRTB to enable them identify tenancies that are not registered and to take any follow-up action necessary.

Landlords are legally obliged to register new tenancies with the PRTB within one month from the start date of a tenancy or at a later date on payment of an increased fee. For this reason, it is not practicable for the Department to insist that a tenancy be registered with the PRTB before payment of rent supplement can be made. There are also instances where a rent supplemented tenancy need not be registered with the PRTB, for example, in the case of renting a room in a house or where a premises is owner occupied.

Rent supplemented tenancies which are liable for registration with the PRTB, should be so registered. In that regard, the close working arrangements which the Department has with the PRTB should ensure that over time, all tenancies that come with the area of rent supplementation comply with the statutory system of tenancy regulation and safeguards.

Social Welfare Appeals.

Dan Neville

Ceist:

135 Deputy Dan Neville asked the Minister for Social and Family Affairs when an oral hearing date will be given to a person (details supplied) in County Limerick regarding their appeal for jobseekers. [32628/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Family Support Services.

Jack Wall

Ceist:

136 Deputy Jack Wall asked the Minister for Social and Family Affairs her plans to reduce the number of employees of family resource centres from three; and if she will make a statement on the matter. [32640/09]

Jack Wall

Ceist:

137 Deputy Jack Wall asked the Minister for Social and Family Affairs her plans to abolish the Family Support Agency; the reason for such a decision; and if she will make a statement on the matter. [32641/09]

Jack Wall

Ceist:

138 Deputy Jack Wall asked the Minister for Social and Family Affairs her plans to amalgamate family resource centres; if, in seeking to determine such, she has had meetings with the Department of Community Rural and Gaeltacht Affairs as to the effect such a proposal would have on the communities of the localised areas where the centres were placed in the original determination; and if she will make a statement on the matter. [32642/09]

Jack Wall

Ceist:

139 Deputy Jack Wall asked the Minister for Social and Family Affairs if an assessment of the value to community life of the family resource centres has been instigated or is proposed; the value to community of such centres, that is, the number of persons or family units who use each centre; the number of courses or family support groups who use each centre; the frequency of use of each centre; and the effect of the localised area of each centre to improve it as a community; and if she will make a statement on the matter. [32643/09]

Jack Wall

Ceist:

140 Deputy Jack Wall asked the Minister for Social and Family Affairs the number of family resource centres funded by her Department; the areas where the centres serve; the cost of running the centres; the number of employees per centre; her plans in regard to such centres; and if she will make a statement on the matter. [32644/09]

I propose to take Questions Nos. 136 to 140, inclusive, together.

The Report of the Special Group on Public Service Numbers and Expenditure Programmes made a range of recommendations relating to the Department of Social and Family Affairs including recommendations relating to the Family Support Agency and its programmes. The Department will consider, as part of the Estimates and budgetary process for 2010, the Report's recommendations and decisions on all of the issues arising will be a matter for Government. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes. Discussions with other relevant Departments will be held as required. The information in relation to each FRC, as requested by the Deputy, will be forwarded to him shortly.

Social Welfare Appeals.

Ned O'Keeffe

Ceist:

141 Deputy Edward O’Keeffe asked the Minister for Social and Family Affairs if she will arrange an appeal hearing in respect of illness benefit for a person (details supplied) in County Limerick. [32652/09]

I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Thomas Byrne

Ceist:

142 Deputy Thomas Byrne asked the Minister for Social and Family Affairs the position of a carer’s allowance appeal by a person (details supplied) in County Meath. [32660/09]

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Mary O'Rourke

Ceist:

143 Deputy Mary O’Rourke asked the Minister for Social and Family Affairs if she will review a disability claim for a person (details supplied) in County Westmeath. [32663/09]

I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer, who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Brian Hayes

Ceist:

144 Deputy Brian Hayes asked the Minister for Social and Family Affairs the position of a carer’s allowance application for a person (details supplied) in Dublin 7. [32666/09]

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having considered all the available evidence, including that adduced at an oral hearing, partially allowed the carer's allowance appeal of the person concerned.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. The Appeals Officer has reviewed this case following the submission of further correspondence from the person concerned. However, the Appeals Officer considered that the correspondence contained no new facts or fresh evidence which would warrant a revision of his decision. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Michael Ring

Ceist:

145 Deputy Michael Ring asked the Minister for Social and Family Affairs when an illness benefit appeal will be finalised for a person (details supplied) in County Mayo. [32673/09]

I am advised by the Social Welfare Appeals Office that, following receipt of the grounds of appeal from the person concerned, the relevant Departmental papers and comments of the Department have been sought. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

John Perry

Ceist:

146 Deputy John Perry asked the Minister for Social and Family Affairs the status of an application for carer’s allowance lodged in October 2008 by a person (details supplied) in County Sligo; and if she will make a statement on the matter. [32690/09]

An application for carer's allowance by the person concerned was received on 30 October 2008 and was disallowed on 9 January 2009 by a Deciding Officer of the Department on the grounds that the person being cared for was not so invalided as to require full-time care and attention. Following this decision, the person concerned submitted additional medical evidence on 12 February 2009 and 1 May 2009. The additional medical evidence was referred to the Chief Medical Advisor for his opinion. The Chief Medical Advisor expressed the opinion that the evidence did not affect the previous findings of the Medical Assessor. The person concerned was informed of this decision on 14 May 2009.

An appeal was opened on 08 July 2009, and I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department were sought in this case. These have now been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Family Support Services.

Jan O'Sullivan

Ceist:

147 Deputy Jan O’Sullivan asked the Minister for Social and Family Affairs if she will ensure that the work of family resource centres is protected in the current economic climate; and if she will make a statement on the matter. [32691/09]

The Report of the Special Group on Public Service Numbers and Expenditure Programmes made a range of recommendations relating to the Department of Social and Family Affairs including recommendations relating to the Family Support Agency and its programmes. The Department will consider, as part of the Estimates and budgetary process for 2010, the Report's recommendations and decisions on all of the issues arising will be a matter for Government. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

Social Welfare Appeals.

P. J. Sheehan

Ceist:

148 Deputy P. J. Sheehan asked the Minister for Social and Family Affairs the date an appeal was lodged with her Department in respect of a person (details supplied) in County Cork; when same will be finalised; and if she will make a statement on the matter. [32731/09]

I am advised by the Social Welfare Appeals Office that an appeal by the person concerned was lodged with that Office on 22 July 2009 and in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

P. J. Sheehan

Ceist:

149 Deputy P. J. Sheehan asked the Minister for Social and Family Affairs when a person (details supplied) in County Cork will have their appeal heard; and if she will make a statement on the matter. [32732/09]

I am advised by the Social Welfare Appeals Office that the person concerned furnished his grounds of appeal and, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department were sought. These are now to hand and will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Pension Provisions.

Róisín Shortall

Ceist:

150 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the number of defined benefit pension schemes which currently fail the minimum funding standard; and the number of same which are below 25% of the standard, 50% of the standard and 75% of the standard. [32741/09]

Under the Pensions Act 1990, defined benefit pension (DB) schemes must meet a minimum funding standard which requires that schemes maintain sufficient assets to enable them discharge accrued liabilities in the event of the scheme winding up. Where schemes do not satisfy the Funding Standard, the sponsors/trustees must submit a funding proposal to the Pensions Board to restore full funding, normally within three years. In certain circumstances the Pensions Board can allow additional time for proposals to restore full funding, with maximum periods of more than 10 years allowed as a temporary measure to ease the pressures being felt by many pension schemes.

Under the Pensions Act and associated regulations, defined benefit schemes are required to assess once every year whether they meet the funding standard. Not all schemes have the same reporting date, but the Pensions Board in its Annual Report for 2008 estimated that approximately 90% of defined benefit schemes did not meet the funding standard. Since that date, as a result of improvements in investment markets, the solvency of most schemes has improved. However, the situation is still a cause for great concern, and I encourage scheme trustees and sponsoring employers to continue to work with the Pensions Board to address these issues as a matter of urgency.

Social Welfare Benefits.

Róisín Shortall

Ceist:

151 Deputy Róisín Shortall asked the Minister for Social and Family Affairs further to Parliamentary Question No. 866 of 16 September 2009; if she will provide an answer to the question posed as none was provided in her original reply. [32747/09]

The Christmas Bonus payment was introduced in December, 1980, for social welfare pensioners and people who are in receipt of long term social welfare payments. There have been a number of developments in this scheme since its inception, including upwards and downwards adjustments in the level of the bonus payment. Each year the Government makes a specific decision on the payment of the Christmas bonus having regard to the prevailing economic circumstances. A Temporary Provisions Statutory Instrument is made each year to give effect to the Christmas Bonus payment for that year only.

This year it has been necessary for the Government to take steps to reduce overall public expenditure so as to restore order and stability to the public finances. In this context, the decision was made that the Christmas bonus would not be paid in 2009. The decision was announced in the April 2009 Supplementary Budget to give people advance notice so that they could adjust their finances accordingly. Since there is no legislative basis for continuing entitlement to the bonus it has not been necessary to seek legal advice on the matter.

Social Welfare Code.

Róisín Shortall

Ceist:

152 Deputy Róisín Shortall asked the Minister for Social and Family Affairs the way income from community employment is treated in the means test for rent supplement. [32749/09]

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

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

A person participating on a community employment scheme can continue to receive rent supplement subject to their satisfying the standard means assessment rules. Since 2007, where a person has additional income in excess of the standard weekly rate of supplementary welfare allowance, including income from a community employment scheme, the first €75 of such additional income together with 25% of any additional income above €75 is disregarded for means assessment purposes. This ensures that those returning to work or participating in training schemes are better off as a result of taking up such an opportunity.

Local Authority Charges.

Ned O'Keeffe

Ceist:

153 Deputy Edward O’Keeffe asked the Minister for the Environment, Heritage and Local Government if a person (details supplied) in County Cork who is residing full-time with a relative is liable to pay the €200 property tax on their own property. [32650/09]

The charge on all non-principal private residences, designed to broaden the revenue base of local authorities, is an annual charge and it will be used to support the provision of local services.

The Local Government (Charges) Act 2009 exempts certain types of property and owners from the charge. The most important exemption under the Act is for a person's sole or main residence. However, any one individual can have only one such residence.

Granny flats and principal private residences that have to be vacated due to long term illness are also exempt if certain criteria are fulfilled. These criteria are not fulfilled in the case of an individual who moves from their home to reside with a relative who is unwell. In that instance, their relative's home is considered to be the main residence of all the individuals concerned, and the property owned by the carer and which now lies empty is not considered to be their main residence.

The Act, which imposes a modest charge on non-principal private residences to support the provision of local services where the properties concerned are located, does not seek to differentiate between such residences left vacant by the owner or made available for rent as the case may be.

Mattie McGrath

Ceist:

154 Deputy Mattie McGrath asked the Minister for the Environment, Heritage and Local Government the situation regarding the new property tax in respect of a person who owns one house here, which is their principal residence while in the country, but who also owns another home in another country as they work between both countries; whether they would be obliged to pay the new tax; and if he will make a statement on the matter. [32669/09]

The Government decided to broaden the revenue base of local authorities by introducing a charge on all non-principal private residences. The charge is set at €200 per dwelling and payment must be made by 30 September 2009.

The Local Government (Charges) Act 2009 exempts certain types of property and owners from the charge. The most important exemption under the Act is for a person's sole or main residence. However, any one individual can have only one such residence.

If a property is not occupied as the owner's sole or main residence it is liable to the charge, irrespective of where their actual sole or main residence is.

Overseas Development Aid.

Liz McManus

Ceist:

155 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government his plans to use the overseas aid budget to pay for Ireland’s climate debt to poor countries; if he supports the position that 100% of the funds promised to support climate adaptation in developing countries, as part of the current UN climate negotiations, should be additional to official development assistance; and if he will make a statement on the matter. [32647/09]

The agreement we hope to reach at Copenhagen will commit governments to both mitigating future climate change and adapting to the climate change already in the system. Even if we reduce global emissions along an ambitious trajectory, we will still experience climate change impacts, which will have far reaching consequences for millions of people. In making the enormous transitions required all over the planet, we have to ensure the most vulnerable are protected and their needs addressed.

Globally this means ensuring that those poorer regions of the world, that contributed least to the problem but are most at risk from climate change, are provided with real financial help to adapt to climate change. This will require new and additional financial flows from developed to developing countries.

At this point in the international negotiations on climate change, it would be premature to seek to come to a conclusion on any particular element of the Bali Action Plan. The financial resources that will be required to underpin a new global agreement is one of the fundamental pillars of the Action Plan. The reference in paragraph 1(e)(i) to ‘new and additional resources' is part of that pillar and will be a key consideration in the finalising agreement on a global financial package. My priority will be focused on ensuring that the decision on the overall financial package, including the new and additional resources are required, is ambitious and fair, and adequate to support an effective global response to climate change.

Planning Issues.

Ceist:

156 Deputy Michael P. Kitt asked the Minister for the Environment, Heritage and Local Government his proposals for minimum distances in planning applications for telecommunications antennae and support structures located away from existing residences and schools; and if he will make a statement on the matter. [32658/09]

In general, planning permission must be obtained for the erection of an antenna support structure or mast. Under Article 6 and Schedule 2 of the Planning and Development Regulations 2001, certain classes of development carried out by a statutory undertaker authorised to provide a telecommunications service are, subject to specified conditions, exempted development for the purposes of the Planning Acts. These include:

the attachment of additional antennae to an existing antenna support structure;

the erection of an antenna support structure in place of an existing antenna support structure, and

the attachment of antennae to certain existing structures, such as lamp posts, flag poles, CCTV poles, electricity pylons and certain public or commercial buildings (other than educational facilities, child care facilities or hospitals).

The above exemptions are conditional on, among other things, the field strength of the non-ionising radiation emissions from the site not exceeding the limits specified by the Commission for Communications Regulation. In addition, in the case of the exemption for the attachment of antennae to certain existing structures, there is a requirement on the statutory undertaker to notify the planning authority, in writing, of the proposed location of any such structure at least 4 weeks before the attachment of the antennae.

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.

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.

Natural Heritage Areas.

Maureen O'Sullivan

Ceist:

157 Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government if he will provide a copy of the programme of measures agreed with the European Commission to allow the withdrawal of the case against Ireland for failing to meet a 1999 European country judgment (details supplied), which determined that Ireland was allowing the destruction of bog ecosystems and the irreversible loss of biotopes that are original, rare and of great scientific interest; and the progress to date in implementing these measures. [32685/09]

In 2005, my Department put in place a series of measures to address the findings in the Judgment of the European Court of Justice, of 21 September 1999, in Case C-392/96. The measures also resulted in the withdrawal of further legal action against Ireland in Case C-294/03.

Under the Planning and Development Regulations, 2001 peat extraction was exempt from the requirement for planning permission in the case of:

(a) a new or extended area of less than 10 hectares

(b) a new or extended area of 10 hectares or more, where the drainage of the bog land commenced prior to the coming into force of these Regulations.

The Planning and Development Regulations, 2005 amended the 2001 Regulations so that the above-mentioned exemption no longer applies where the peat extraction is likely to have significant effects on the environment. In such cases a planning application and an environmental impact statement will be required.

The 2005 amendment also provided that where the peat extraction is on a European Site or a site prescribed under Article 12 of the 2001 Regulations, where such development is regulated by the Wildlife (Amendment) Act 2000, the exemption no longer applies.

Peat extraction in areas that have been afforded protection either as Special Areas of Conservation (SACs) or Natural Heritage Areas (NHAs) is subject to a separate control system under the Wildlife (Amendment) Act 2000.

As part of the measures to address the Judgment in Case C-392/96, Ireland undertook an intensive programme to designate raised and blanket bog as NHAs. In total 75 raised bogs (17,000 hectares) and 73 blanket bogs (37,430 hectares) were designated as Natural Heritage Areas under the Wildlife (Amendment) Act, 2000.

Environmental Policy.

Maureen O'Sullivan

Ceist:

158 Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government the position regarding the protected habitats cladium fen, alkaline fen, tufa springs and the protected species Vertigo geyeri, V moulinsiana, and V angustior at a location (details supplied) in County Kildare. [32686/09]

Maureen O'Sullivan

Ceist:

159 Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government the estimates of the funds required to ensure the favourable conservation status of the protected species and habitats as a result of the placing of the Kildare bypass in a cutting. [32687/09]

I propose to take Questions Nos. 158 and 159 together.

My Department is currently compiling the information available on the status of the various protected species and habitats at Pollardstown Fen and will forward the information to the Deputy as soon as possible. Scientific monitoring of the effects of the motorway development was commissioned by the National Roads Authority and information on the cost of protecting species and habitats as a consequence of this project is a matter for the Authority.

EU Directives.

Maureen O'Sullivan

Ceist:

160 Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 194 of 4 July 2007, the position regarding the ratification of the 1998 Aarhus Convention in view of the fact that Ireland remains the only member of the European Union not to have ratified this treaty ensuring citizens of their fundamental rights of participation and access to justice. [32688/09]

Ireland signed the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters on 25 June 1998. Progress towards ratification of the Convention is closely aligned with work at EU level and, in that context, the European Union has adopted two Directives as part of the ratification process for the Convention. These deal with public access to environmental information (2003/4/EC) and public participation in certain environmental decision-making procedures (2003/35/EC).

The European Communities (Access to Information on the Environment) Regulations 2007 came into effect on 1 May 2007. These Regulations transpose EU Directive 2003/4/EC on Public access to environmental information. The process to transpose the Public Participation Directive is well advanced, with legislation completed to amend the majority of the relevant consent systems.

The work to amend the remaining outstanding consent systems will be finalised by the Departments concerned as soon as possible. When this work has been completed I, along with the Minister for Foreign Affairs, will ensure that the instrument of ratification of the Aarhus Convention is submitted to Government and laid before the Dáil as a matter of urgency. Ratification of the Aarhus Convention is a priority and I am making every effort to achieve this end at the earliest possible date.

Planning Issues.

Maureen O'Sullivan

Ceist:

161 Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government if he will close the loophole which permits a local authority to screen projects for Environmental Impact Assessment post-ante construction when screenings for Environmental Impact Assessments must always be ex-ante construction. [32689/09]

Part X of the Planning and Development Act 2000, as amended, deals with EIA. The corresponding secondary legislation is part 10 of the Planning and Development Regulations 2001, as amended.

Pursuant to the provisions of section 176 of the Act and of Part 10 of the Regulations, an environmental impact statement (EIS) and an environmental impact assessment (EIA) is mandatory in respect of the projects specified in Schedule 5 to the Regulations where the thresholds specified are exceeded. The EIS must be submitted with the planning application and is subject to public consultation.

Under Section 173 of the Act, a planning authority is required to have regard to the EIS in making its decision on an application for planning permission.

In addition, pursuant to Article 103(1) of the Regulations, where a planning application is submitted in respect of sub-threshold development which is not accompanied by an EIS, the planning authority will require the application for planning permission to submit an EIS if it considers that the development would be likely to have significant effects on the environment.

Further, where a planning application for sub-threshold development is not accompanied by an EIS and the development would be located on an ecologically sensitive area, Article 103(2) of the Regulations requires the planning authority to decide whether the development would or would not be likely to have significant effects on the environment of the site. In making that decision, the planning authority is required to have regard to criteria specified in Schedule 7 to the Regulations.

In respect of applications for permission for the retention of unauthorised development, and in light of a ruling by the European Court of Justice in Case C215-06 made in July 2008, where such development should have been subject to mandatory EIA, planning authorities have been advised, through Circular Letter PD6/08 issued in October 2008, to return such applications as invalid, on the basis that there is no jurisdiction to grant retention planning permission in those circumstances.

In respect of applications for permission for the retention of unauthorised sub-threshold development, planning authorities were advised to proceed to decide whether the project should have been subject to EIA. If the project would not have required an EIA, then the planning authorities were advised to proceed to deal with the application in the normal course. If, conversely, the planning authority decided that an EIA would have been required the Circular advised that the application be returned as invalid.

I will bring forward Committee stage amendments to the Planning and Development Bill 2009 to give effect to the ECJ judgment. This will withdraw the possibility of making an application for retention permission in relation to a range of projects. The exact scope of the amendments remains to be finalised.

Water and Sewerage Schemes.

Joe Carey

Ceist:

162 Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Government if he will approve a loan application made by Clare County Council for a project (details supplied); and if he will make a statement on the matter. [32728/09]

I have informed Clare County Council that I am prepared to approve borrowing of up to €5.9 million in 2009 in respect of a number of water services schemes that are completed or currently in progress in the County. The Council indicated in their submission to my Department that any borrowing necessary for the Broadford scheme will not be required until 2010, at which stage the matter will be considered further.

Joanna Tuffy

Ceist:

163 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government if he has determined if statutory regulations in respect of the drilling of groundwater boreholes are necessary and a firm basis is required for the acquisition of borehole and other records from third parties, in view of the fact that a large number of boreholes are drilled every year here to provide water supplied for private and public water schemes with many of these becoming contaminated during the recent wet summers; and if he will make a statement on the matter. [32729/09]

Under Article 6 and Schedule 2, Part 1, Class 44, of the Planning and Development Regulations 2001, drilling of a borehole for the purpose of providing a domestic water supply, or an approved group water supply scheme, is exempt from the requirement to obtain planning permission (subject to the exceptions set out in Article 9 of the Regulations). Development by a local authority does not require planning permission, but drilling for water supplies is one of the categories of works prescribed under Article 80 of the Planning and Development Regulations 2001 as requiring a public consultation process and submission to the elected members for approval. The interpretation of the Regulations is a matter for the planning authorities. The onus is on the developer and provider of on-site water supplies to ensure that the provision of such facilities complies, where appropriate, with all the relevant requirements in relation to planning permission. Many planning authorities have developed groundwater and aquifer protection requirements as part of their statutory development plans. I am unaware of any formal system of recording of existing water bore-holes.

Under the Water Framework Directive, Member States must have controls for significant surface water and groundwater abstractions and surface water impoundments. My Department is considering the measures necessary to give effect to this requirement.

The European Communities (Drinking Water) (No. 2) Regulations 2007 set down the parameters with which drinking water supplies should comply. Public drinking water supplies by local authorities are subject to the supervision of the Environmental Protection Agency (EPA) while group water supplies are supervised by the local authorities. In addition, the owners of private water supplies that are supplying water as part of a public or commercial activity must also comply with the Regulations — the onus is on the owner to ensure that the supply is compliant.

Jack Wall

Ceist:

164 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the progress made in regard to the provision of a new sewerage scheme in respect of a town (details supplied) in County Kildare in view of the recent court decision and the concerns expressed to him by a local angling club; and if he will make a statement on the matter. [32738/09]

The Ballymore Eustace Wastewater Treatment Plant is included for funding in my Department's Water Services Investment Programme 2007-2009 under the Serviced Land Initiative measure.

In April 2009, following a review of the Serviced Land Initiative in light of developments in the economy at large, and in the housing market in particular during 2008, and having regard to the oversupply of housing in some areas, my Department informed all local authorities that the Initiative was being discontinued. All existing scheme approvals under the Initiative, for which contracts had not been signed or letters of intent had not issued, were withdrawn.

However, local authorities were also informed that where they were of the opinion that the continuation of a scheme is necessary for the proper development of an area, it was open to the relevant authority to make a case to the Department by 29 May 2009 for the scheme to progress. My Department is assessing the responses received, including that from Kildare County Council, and the decisions on the schemes to progress will be conveyed to the relevant local authorities as soon as possible.

Telecommunications Masts.

Ceist:

165 Deputy Michael P. Kitt asked the Minister for Communications, Energy and Natural Resources the institutes or organisations which take the radiation readings from telecommunications antennae and support structures; if prior notice is given to the providers of broadband, mobile phones and so on when the readings are taken; and if he will make a statement on the matter. [32659/09]

The Commission for Communications Regulation (ComReg) is responsible for ensuring compliance by mobile network operators with certain conditions, one of which relates to non-ionising radiation emissions.

The way in which ComReg ensures compliance is a matter for ComReg and I have no function in the matter.

Electronic Communications Network transmitters are licensed by ComReg. I understand that ComReg currently arranges for non-ionising radiation surveys to be conducted near a sample number of licensed transmitter sites nationwide. This work is carried out by both ComReg themselves and contractors. ComReg does not give any prior notice to operators that any of their installations are to be surveyed. The survey contractor is responsible for accessing survey locations. In those instances where access to property must be obtained, such permission may often be obtained from a site owner rather than a network operator. Prior notice is not given of the time when readings are taken.

Fisheries Protection.

Maureen O'Sullivan

Ceist:

166 Deputy Maureen O’Sullivan asked the Minister for Agriculture, Fisheries and Food if he will provide an explanation of the proposal here to create marine protection areas with a timeframe to ensure that fish in Irish waters do not fall below biological safe limits. [32683/09]

The management and conservation of fish stocks is provided for under the EU Common Fisheries Policy (CFP). To ensure that the fishing pressure is not higher than the stocks can sustain and taking into account the scientific advice on fish stocks provided by the International Council for the Exploration of the Seas (ICES), Total Allowable Catches (TACs) and quotas are agreed by the EU Fisheries Council for fish stocks. In addition, other conservation measures are set down under the CFP including limitation of fishing effort, technical measures (rules in relation to fishing gears and minimum landing sizes), and obligations to record and report catches and landings.

Four offshore sites to protect cold water corals have already been designated at EU level as Marine Special Areas of Conservation under the EU Habitats Directive and given legal effect in the EU TAC and quota Regulation so that bottom trawling and fishing with static gear by all fleets operated in Ireland's Exclusive Fisheries Zone are prohibited in the area. A significant number of other sites have also been designated in inshore waters under the EU Birds and Habitats Directives. DAFF is working with DEH&LG, BIM, Marine Institute and stakeholders to provide appropriate management in these sites and to ensure their effective conservation.

Inland Fisheries.

Maureen O'Sullivan

Ceist:

167 Deputy Maureen O’Sullivan asked the Minister for Agriculture, Fisheries and Food the reason for the delay in publishing the assessment of inshore fisheries here due for publication in 2008; and if he will provide a date for its release to the public. [32684/09]

The Marine Institute publishes on an annual basis a Stock Book setting down scientific advice on the state of fish stocks which are the subject of EU Total Allowable Catches (TACs) and quotas. This report sets down the advice of the International Council for the Exploration of the Seas (ICES) on stocks of importance to the Irish fishing industry and supports it with additional material prepared by the Marine Institute on the Irish situation. In the past, it also covered some stocks, which were not generally assessed by ICES and are not subject to EU TACs and quotas, particularly inshore stocks fished primarily by the Irish fleet. In 2008, the MI decided to report separately on priority shellfish resources and fisheries. The MI advise that it plans to publish a report on priority shellfish stocks towards the end of 2009, and updated on a regular basis.

Grant Payments.

Ned O'Keeffe

Ceist:

168 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food if a person (details supplied) in County Cork is receiving the single farm payment. [32648/09]

The person named, who established 2.34 Single Payment entitlements with a net unit value of €41.67 applied for and was paid under the 2005 and 2006 Single Payment Schemes. The Department has no record, however, of applications being received from the person named under any of the years 2007, 2008 or 2009.

Ned O'Keeffe

Ceist:

169 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food the position regarding the 2008 payments of single farm payment and REP scheme to a person (details supplied) in County Cork. [32649/09]

The person named joined REPS 3 for a period of 3 years. Following a farm inspection and two audit inspections by Department Inspectors in March and April, 2008, a letter issued to the person itemizing a number of documents that were required and a number of issues that needed clarification. As none of the requested documentation or clarification was received, a letter terminating the contract and seeking full recoupment of all REPS monies paid issued on 9th July, 2008.

Payments in respect of an application under the 2008 Single Payment Scheme have been offset against the REPS debt, and arrangements are in place to continue offsetting against Scheme payments until the amount is recovered in full.

Departmental Offices.

John McGuinness

Ceist:

170 Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food his views on the future of the staff and office location of the DVO, Kilkenny; and if the headquarters will remain in Kilkenny. [32681/09]

On 15th July, the Government approved my plan for a reorganisation of my Department's Local Office Network. The plan involves reducing, from 57 to 16, the number of offices from which the Department will operate District Veterinary, Forestry and Agricultural Environment and Structures support services in the future. This will result in a reduction of some 400 in the number of staff working in my Department. While this will yield significant savings for the exchequer, no staff will be made redundant.

As part of the process, the Kilkenny District Veterinary Office including the Agricultural Environment and Structures Office will be vacated and all services will be provided for the counties Kilkenny and Waterford from a regional centre in Waterford. The Department is currently in discussion with other departments in relation to the redeployment of staff and transfer of buildings.

Grant Payments.

Pat Breen

Ceist:

171 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. [32708/09]

An application for payment of afforestation grant aid to the person in question was received in my Department on 24th August 2009. The application is currently being processed and, if in order, the payment should issue within the next four to six weeks.

Proposed Legislation.

Joanna Tuffy

Ceist:

172 Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food the progress on the revision of the forestry Acts which began in 1999; if he will reconsider his decision not to include the Forestry Act 1988 establishing the terms of operation for Coillte Teoranta, in view of public concerns; and if he will make a statement on the matter. [32716/09]

The scope of the review of forestry legislation referred to by the Deputy was set out in its Terms of Reference which were published on my Department's website. The review concentrated on the operational provisions of the various Forestry Acts. Consequently, the main focus was on the Forestry Act, 1946 although the Forestry Act, 1988 was not excluded as it also deals with operational matters. That review has now been completed.

Arising from that review a General Scheme of a new Forestry Bill was prepared. The Heads of the Forestry Bill were approved by Government and were sent to the Office of the Parliamentary Counsel for drafting. Drafting is now underway and a meeting between my Department and the Office of the Parliamentary Counsel to discuss this work took place on September 16 last.

Forestry Sector.

Joanna Tuffy

Ceist:

173 Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food the position regarding the recouping from Coillte Teoranta of circa €8 million of forestry premium grants awarded to it but subsequently excluded from community financing under the guarantee section of the European agricultural guidance and guarantee fund, and subsequently confirmed by the European Court of Justice; if he has made a decision regarding seeking the return of these funds from Coillte Teoranta; and if he will make a statement on the matter. [32717/09]

The position regarding this issue is that legal advice has been received on the matter which my Department is currently considering. A decision will be made on the matter shortly.

Ministerial Correspondence.

Bernard J. Durkan

Ceist:

174 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food if he or his Department have received correspondence from the Irish Farmers’ Association regarding the special group on public service numbers and expenditure proposals; his plans to address same on an early date; and if he will make a statement on the matter. [32751/09]

My Department has received a submission from the Irish Farmers' Association setting out its response to the Report of the Special Group on Public Service Numbers and expenditure Programmes. The submission will be examined, together with any other submissions that may be received, in determining the budgetary framework and in the preparation of the 2010 Estimate for the Department.

Higher Education Grants.

Deirdre Clune

Ceist:

175 Deputy Deirdre Clune asked the Minister for Education and Science the steps he will take to lessen the impact of his decision to introduce changes in the third level grant application process which will impact significantly on farming families; and if he will make a statement on the matter. [32632/09]

Deirdre Clune

Ceist:

177 Deputy Deirdre Clune asked the Minister for Education and Science the way the changes to the third level grant application process announced by him will impact on farming families; and if he will make a statement on the matter. [32629/09]

Deirdre Clune

Ceist:

179 Deputy Deirdre Clune asked the Minister for Education and Science if it is expected that the changes to be introduced in September 2010 to the third level grant application process announced by him is expected to unfairly impact upon farming families; if a change of circumstances clause will be extended to apply to farming families; and if he will make a statement on the matter. [32631/09]

I propose to take Questions Nos. 175, 177 and 179 together.

When I announced details of the student maintenance grant schemes for the 2009/2010 academic year I also gave notice that, with effect from the start of the 2010/11 academic year, further changes will be introduced. These include:

Some social welfare allowances, including the Back to Education Allowance which had been excluded in the means-testing process, will be included as reckonable income in assessing eligibility for student grants;

The accounting adjustment under the income tax farm stock relief provisions will be disregarded in calculating reckonable income for means-testing purposes;

The residency requirement in the State for grant eligibility will be increased from one year to three out of the past five years for the student — a move that's in line with provisions already outlined in the Student Support Bill;

The duration of the break in studies required for re-entry as an independently assessed mature student will be increased from one year to three years.

I announced these changes for the 2010/11 academic year so that students and their families are notified well in advance.

The new measures will not impact unfairly on any grant applicant but ensure better equity and equality in calculating eligibility for student maintenance grants so that public resources can continue to be targeted at those who need them most.

As in previous years the terms and conditions for the 2010 maintenance grant schemes, including the change in circumstance clause will be examined as part of the annual review undertaken by my Department.

Legislative Programme.

Brian Hayes

Ceist:

176 Deputy Brian Hayes asked the Minister for Education and Science when Committee Stage of the Student Support Bill 2008 will take place; and if he will make a statement on the matter. [32622/09]

The Deputy will be aware that a number of amendments to the Student Support Bill in relation to legal and policy issues which have arisen since Second Stage are being advanced by my Department in close consultation with the Office of the Attorney General.

The Bill makes provision for the transfer of responsibility for student grants to the VEC sector. In the existing budgetary situation, resources are not currently available to advance transition to new administrative arrangements in the immediate future. However, it is not possible to say definitively at this point when new administrative arrangements can be put in place and I am anxious, in light of the commitment to put all student grants on a statutory footing, to provide a statutory basis for all student grants for the intervening period.

Therefore, I am endeavouring to progress to a single scheme of grants as provided for in the Bill at the earliest possible date, while further exploring the options for administrative streamlining in the context of budgetary considerations and the Government's overall programme of public service reform, Transforming Public Services.

This will require further amendments to the Bill and my Department has been working closely with the Office of the Attorney General in that regard. Subject to any technical, drafting and legal considerations arising, I hope to be in a position to have these amendments advanced sufficiently in order to progress to Committee Stage in the autumn session.

Question No. 177 answered with Question No. 175.

Third Level Fees.

Deirdre Clune

Ceist:

178 Deputy Deirdre Clune asked the Minister for Education and Science the way the changes to the third level grant application process announced by him will impact upon his intention to re-introduce third level fees; and if he will make a statement on the matter. [32630/09]

In relation to the issue of the introduction of a form of student contribution, the Deputy will be aware that I recently presented a technical report to my Cabinet colleagues. This report sets out the various options available which looks at available models and draws on experience with other systems that operate internationally. The report is intended to allow for an informed examination of the issue — including existing international experience, the revenue impact of potential approaches, costs, affordability, value for money for the taxpayer, associated implementation issues and policy issues that arise in the Irish context. It is not envisaged that the changes which I announced to the student grant application process for the 2010/11 academic year will impact directly on consideration of the matter.

Question No. 179 answered with Question No. 175.

Scéimeanna Tógála Scoile.

Dinny McGinley

Ceist:

180 D’fhiafraigh Deputy Dinny McGinley den Aire Oideachais agus Eolaíochta an bhfuil iarratas faighte ag a Roinn maidir le feabhsú a chur, agus meadú a dhéanamh, ar scoil (sonraí tugtha); cén feabhsú agus meadú atá i gceist; cén staid ag a bhfuil an tionscanamh faoi láthair; agus an ndéanfaidh sé ráiteas ina thaobh. [32657/09]

Tá tionscadal mór tógála ag an scoil dá dtagraíonn an Teachta ag ardchéim pleanála ailtireachta faoi láthair. Tá eolas i dtaobh an chláir reatha tógála scoile, an tionscadal dá dtagraíonn an Teachta ina measc, le fáil anois ar shuíomh gréasáin mo Roinne ag www.education.ie.

Braitheann cur chun cinn gach uile tionscadal tógála ar scála mór, an ceann seo san áireamh, ó chéim an chéad dearaidh go dtí staid na tógála, ar na tosaíochtaí i measc na n-éileamh iomaitheacha ar an maoiniú atá le fáil as buiséad capitil na Roinne. Machnófar i gcónaí an tionscadal seo i gcomhthéacs Chlár Ilbhlianach Tógála agus Nuachóirithe Scoileanna mo Roinne.

Student Support Schemes.

Ruairí Quinn

Ceist:

181 Deputy Ruairí Quinn asked the Minister for Education and Science if a 25% cut has taken place in the budget for academic personal assistants for students with disabilities in third level institutions; and if he will make a statement on the matter. [32664/09]

Support for full-time students with disabilities in third level institutions, including personal assistants, is provided under the Fund for Students with Disabilities (FSD), which is one of a number of funding programmes which come under the Third Level Access Measure. There has been no cut in the budget for the FSD. A gross allocation of €12.5m has been set aside by the Higher Education Authority for the FSD for the period 2009-10 (1 October 2009 to 30 September 2010). This represents an increase on the gross outturn for the previous year (€11.7m).

However, it is likely that ongoing increases in the numbers of students applying for support under the FSD will impact on the level of allocation in individual cases. In the circumstances, institutions have been given greater discretion and flexibility in ensuring that allocations are targeted to best meet the needs of the students involved.

Paul Nicholas Gogarty

Ceist:

182 Deputy Paul Gogarty asked the Minister for Education and Science if he will explain the delay in progressing the Student Support Services Bill 2008; and if he will make a statement on the matter. [32665/09]

The Deputy will be aware that a number of amendments to the Student Support Bill in relation to legal and policy issues which have arisen since Second Stage are being advanced by my Department in close consultation with the Office of the Attorney General.

The Bill makes provision for the transfer of responsibility for student grants to the VEC sector. In the existing budgetary situation, resources are not currently available to advance transition to new administrative arrangements in the immediate future. However, it is not possible to say definitively at this point when new administrative arrangements can be put in place and I am anxious, in light of the commitment to put all student grants on a statutory footing, to provide a statutory basis for all student grants for the intervening period. Therefore, I am endeavouring to progress to a single scheme of grants as provided for in the Bill at the earliest possible date, while further exploring the options for administrative streamlining in the context of budgetary considerations and the Government's overall programme of public service reform, transforming public services.

This will require further amendments to the Bill and my Department has been working closely with the Office of the Attorney General in that regard. Subject to any technical, drafting and legal considerations arising, I hope to be in a position to have these amendments advanced sufficiently in order to progress to Committee Stage in the autumn session.

Property Transfers.

John McGuinness

Ceist:

183 Deputy John McGuinness asked the Minister for Education and Science the status of an application to divest a school (details supplied) in County Kilkenny; if his Department and the Chief State’s Solicitor Office have approved; the timeframe for completing the process; and if he will make a statement on the matter. [32675/09]

My Department is agreeable in principle to the request to divest the property referred to by the Deputy. My officials will in the coming days write to the Diocesan Solicitors seeking updated Trustee details. Upon receipt of this information the matter will be progressed further by my Department.

Student Support Schemes.

Billy Timmins

Ceist:

184 Deputy Billy Timmins asked the Minister for Education and Science the position in relation to a lone parent in receipt of the lone parent’s payment from the Department of Social and Family Affairs who has applied for the third level grant but will not qualify as they are living at home with their parents whose income is more than the guidelines; the other payments available to this person; and if he will make a statement on the matter. [32697/09]

Apart from the maintenance grants scheme and the free fees initiative, financial support is also available to students, in approved third level institutions, through the Student Assistance Fund. The objective of the Fund, is to assist students, in a sensitive and compassionate manner, who might otherwise, due to their financial circumstances, be unable to continue their third level studies. Information on the Fund is available from the Access Officer at the candidate's College.

Higher Education Grants.

Terence Flanagan

Ceist:

185 Deputy Terence Flanagan asked the Minister for Education and Science if he will support the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [32704/09]

The postgraduate programme referred to by the Deputy is not one of the approved courses under the Labour Market Activisation initiative.

Places under this initiative were awarded following a competitive Call for Proposals issued by the HEA to the publicly funded third level institutions in June to provide 1,000 part-time postgraduate places in areas identified by the Expert Group on Future Skills Needs as being relevant to the skills needs of the enterprise sector and to the needs of the Smart Economy. Submissions for circa 3,000 places were received and the 1,000 available places were awarded following an evaluation of these proposals by an expert panel.

The particular course referred to by the Deputy was not included in the proposals received from institutions. However, that course is supported under the Higher Education Authority's Graduate Skills Conversion Programme and is available at a greatly reduced fee. The course is offered on both a full-time and part-time basis. Should the prospective student wish to pursue the course on a full-time basis, he may be eligible for support under this Department's Student Maintenance Grant Scheme. Provision of a grant is subject to a means test and other eligibility criteria. Further information on how to apply for a student maintenance grant is available on the student finance website: www.studentfinance.ie

Special Educational Needs.

Máire Hoctor

Ceist:

186 Deputy Máire Hoctor asked the Minister for Education and Science if he will consider correspondences in relation to the care of a person (details supplied) in County Tipperary with a disability; if he will investigate this case including the criteria used by the Special Educational Needs Organisation in assessing and reviewing the child’s care needs; and if he will request that the National Council for Special Education provide a response to the issues raised to which no response had been issued to date in 2009. [32724/09]

The National Council for Special Education has confirmed to my officials that it will issue a response to the correspondence in question during the coming week.

Teaching Qualifications.

Olwyn Enright

Ceist:

187 Deputy Olwyn Enright asked the Minister for Education and Science when sanction will be given for a postgraduate diploma in primary education in St. Patrick’s College, Drumcondra, Dublin; the number of places which will be available on same; and if he will make a statement on the matter. [32748/09]

The postgraduate diploma in primary education is currently provided by four state-funded Colleges of Education. The issue of providing such courses in the coming year is currently being considered in the context of likely demands in the system and the resources available. A decision on the matter will be communicated to the relevant colleges as soon as possible.

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