Vol. 708 No. 1
46 Deputy Pádraic McCormack asked the Minister for Transport the number of organisations under his remit to which the Freedom of Information Act has been extended; when the Railway Safety Commission will come under freedom of information legislation; and if he will make a statement on the matter. [17977/10]
At the outset, let me say that I am fully supportive of the principles of the Freedom of Information Acts, and where practicable, would encourage the broadest possible application of its provisions.
The following are the bodies that come under the remit of my Department to which the Freedom of Information Acts have been extended:
Commission for Aviation Regulation
Medical Bureau of Road Safety
National Transport Authority
Railway Procurement Agency
Commission for Taxi Regulation
The National Roads Authority
Marine Casualty Investigation Board
My Department has put in train the procedures to enable the Railway Safety Commission, in so far as its administrative functions are concerned, be brought under the FOI legislation.
It is a matter for the Department of Finance as to the timing when the Railway Safety Commission will be brought under the FOI Acts but my Department has submitted that they be brought under FOI at the next available opportunity.
My Department is also progressing extending the provisions of the FOI Acts to the Road Safety Authority, the Advisory Council to the Commission for Taxi Regulation and the Railway Safety Advisory Council. My objective is to bring these bodies under FOI legislation as quickly as possible.
47 Deputy Seán Barrett asked the Minister for Transport the capital projects relating to the smarter travel plan that will commence in 2010; the way the €25 million budget allocation will be spent; and if he will make a statement on the matter. [17936/10]
The €25 million Smarter Travel allocation for 2010 comprises €2 million current funding for the Green Schools Travel Project and €23 million capital for other projects.
The €23 million is allocated over three general categories: €3 million for the Smarter Travel Demonstration Projects; €5 million for the Smarter Travel Areas Competition; and €15 million for other projects.
I expect to announce full details of more than 30 successful Demonstration Projects shortly. Decisions on the successful Smarter Travel Areas applications will be made in June. The category of "Other Projects" includes the following:
€7 million for the Dublin Portobello to Fairview cycle route,
€2.8 million for the mapping of the route of the National Cycle Network and initial works on a first segment Dublin to Galway,
€2 million for a walking and cycling route at Adamstown,
€1.1 million for the Galway Fisheries Field walking and cycling route,
€500,000 for the Carrigaline walking and cycling network,
€500,000 for Workplace Travel Planning initiatives, which the National Transport Authority is carrying out on behalf of the Department,
€400,000 for Bike Week in June 13 to 20,
€200,000 for the Tralee to Fenit walking and cycling route, and
€194,000 for the Passage West to Rochestown cycle route.
Much of the expenditure at this early stage in the Smarter Travel Programme is targeted at changing culture, behaviour and the way we look at travel and mobility. My immediate focus is on supporting a range of pilot and demonstration projects to show people what works, developing a cycling and walking culture, and working with partners particularly Local Authorities and other agencies.
48 Deputy Catherine Byrne asked the Minister for Transport the position regarding the Waterford helicopter search and rescue service; the reason he changed his policy on this matter; if the helicopters are new or second hand; and if he will make a statement on the matter. [17943/10]
The Government has approved a half a billion-euro investment in maritime search and rescue capability on the island. The contract, which is to run to 2023, makes provision for the operation of 4 bases, of which Waterford is one, on a full time day and night basis. This is the final outcome of a process and does not reflect a change of mind.
The actual choice of helicopter is a matter for the private operator. I expect that one will be new and others will have been in service from 2007.
This investment is a major advancement for search and rescue in Ireland at a time of serious budgetary constraints. The new contract will represent a stepped improvement in the capacity, range, speed and capability of Ireland's SAR service.
50 Deputy Andrew Doyle asked the Minister for Transport the economic cost to the Irish aviation sector of the recent closure of airspace due to volcanic ash cloud; if he has received any requests for State aid as a result of the closure of air space; and if he will make a statement on the matter. [17909/10]
62 Deputy Pat Breen asked the Minister for Transport if, in view of the statement made by the EU Transport Commissioner that national Governments would have to compensate airlines, he will introduce a scheme to compensate Irish airlines who have been adversely affected as a result of the recent volcanic ash crisis and the closure of airspace; and if he will make a statement on the matter. [17723/10]
82 Deputy Seán Sherlock asked the Minister for Transport if he has been briefed by the European Commission President and the Transport Commissioner on any initiatives to support airlines similar to those that occurred after 9-11; if he is satisfied with the performance of the Government taskforce on emergency planning during the volcanic ash crisis; and if he will make a statement on the matter. [17857/10]
I propose to take Questions Nos. 50, 62 and 82 together.
EU Transport Ministers have met twice in extraordinary meetings of the Council to discuss the recent air travel crisis caused by the Icelandic volcanic ash cloud.
The second extraordinary Council meeting was held yesterday in Brussels and the issue of financial aid for the industry was discussed. Commissioner Kallas recently published his preliminary estimate of the financial impact of the crisis on the European economy which was in the order of €2.5bn. The International Air Transport Association has estimated that the crisis cost airlines more than €1.7bn globally in lost revenue.
During yesterday's discussions, Commissioner Kallas confirmed that Member States could implement measures in favour of the industry that do not constitute state aid and that Member States would be allowed to provide financial aid to airlines provided that, where such support takes the form of State Aid, it is granted on the basis of uniform criteria established at European level, so as not to distort the market.
I have already indicated publicly that Ireland is not in a position to provide financial aid to the industry because of the state of the public finances. My priority, therefore, is to ensure that effective criteria for the grant of such aid are developed so as to ensure that any aid that may be granted by other Member States does not distort the internal market.
With regard to the Government Taskforce on Emergency Planning, my Department activated the Taskforce on the afternoon of the 15th April as the scale and implications of the eruptions became apparent over the earlier course of that day.
I am satisfied with the means by which the Task Force performed its duties and particularly the effective way in which it co-ordinated the response by all agencies to the unfolding events. It also played a crucial role in ensuring that up-to-date information was available to the Government, the public and the media at all times.
51 Deputy Kathleen Lynch asked the Minister for Transport if he has reviewed the operation of the new generation of speed cameras in the UK which can track drivers’ speed over longer distances; if he is liaising with the Department of Justice, Equality and Law Reform on a similar system here; and if he will make a statement on the matter. [17868/10]
The operation and type of speed cameras used in the enforcement of speed limits, including the new generation of speed cameras being used in the UK, is a matter for the Department of Justice, Equality and Law Reform and the Garda Commissioner.
52 Deputy Noel J. Coonan asked the Minister for Transport the position regarding the review of the national roads programme; his views on future projects on the national roads programme; and if he will make a statement on the matter. [17951/10]
As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21.
The construction, improvement and maintenance of individual national roads is a matter for the National Roads Authority under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.
The Government has already made it clear that under Transport 21, its priorities for the national roads investment programme, after the completion of the major inter-urban network in 2010, will be the Atlantic Road Corridor as well as the improvement of other key strategic routes.
It is clear that, in the current economic climate, progress on national roads projects will only be possible as and when resources become available.
Additionally, in line with the undertaking in the Renewed Programme for Government, I have already asked the National Roads Authority (NRA) to review the completion dates and appropriate road design standards of roads projects at the design, or earlier, stage of development, in the light of the economic circumstances, falling road usage and climate change. I expect this report to be completed by late Summer 2010. A list of projects can be found in NRA Programme Status 2010 appended to the NRA 2009 Annual Report or on its website.
53 Deputy Seán Sherlock asked the Minister for Transport if he is examining the feasibility of developing high speed rail services on the inter-urban rail network; if he has reviewed developments in high speed rail in the UK, Spain and the US, for example; his views on whether similar rail innovations could apply here; and if he will make a statement on the matter. [17885/10]
It is a matter for Iarnród Eireann in the first instance to consider the type of rail services that it considers most appropriate for the intercity network. Iarnród Éireann's InterCity journey times are a function of the line-speed, the maximum speed that the rolling stock is capable of, the number of intermediate station stops enroute and the number of temporary or permanent speed restrictions at locations on the line of route.
Transport 21 does not provide for the development of high-speed rail services on the intercity network. As work is undertaken on a successor to Transport 21 the feasibility of various projects that were not included in Transport 21, including the development of high-speed intercity services, will be considered, taking account of the commitment in the Renewed Programme for Government to conduct a feasibility study for high speed rail services on the Dublin-Belfast corridor.
54 Deputy Brian Hayes asked the Minister for Transport his plans to merge the Railway Procurement Agency into the National Roads Authority; the annual saving; and if he will make a statement on the matter. [17970/10]
Following the publication of the McCarthy report, my Department has been examining the recommendation contained in the report in relation to the merger of the RPA and NRA into a single entity. Preliminary work to progress this merger is now underway within my Department. Pending completion of this work it is premature to estimate the annual savings, which may accrue from the merger.
55 Deputy Jack Wall asked the Minister for Transport the position regarding the implementation of the recommendations in the CIE-commissioned report on alleged irregularities in the procurement process at Irish Rail; and if he will make a statement on the matter. [17881/10]
I refer the Deputy to my reply to Dáil Question No. 91 of 24 March 2010 as follows:
The implementation of the recommendations of the Baker Tilly Ryan Glennon report into procurement practices in Irish Rail is a matter for the Boards and management of CIE and Irish Rail. However I sought and received from the Board of CIE a full report (dated 15 January 2010) on the background to the report and the state of implementation of its recommendations. A copy of this report is available in the Oireachtas Library.
The position remains unchanged.
56 Deputy Joe Costello asked the Minister for Transport if he has been briefed by Dublin City Council on its proposed cycling action plan 2010 to 2015; his views on proposals for new speed limits under the plan including extending the 30 km/h limits within Dublin city; when he will publish the revised traffic signs manual for which the National Roads Authority was awarded a contract for publication in 2008; and if he will make a statement on the matter. [17869/10]
My Department has not been briefed on the proposed Action Plan referred to. The application of special speed limits through the making of special speed limit bye-laws is a matter for local authorities. In setting a special speed limit, a local authority must assess various factors with the primary focus being on road safety. It is, quite appropriately, a matter for the local authority to assess the various local factors at play in setting a special speed limit.
Work on the comprehensive review and updating of the Traffic Signs Manual is continuing. I understand that the content of the Manual is expected to be finalised during the second quarter of this year. Amendments to the Road Traffic (Traffic and Parking) Regulations and the Road Traffic (Signs) Regulations will then be required to underpin new provisions in the Manual.
57 Deputy Jan O’Sullivan asked the Minister for Transport the position regarding the investigations into the collapse of the railway bridge at the Broadmeadow Estuary, Malahide, County Dublin; if he is satisfied that the corporate memory weaknesses that were identified in Irish Rail’s report into the near disaster have been addressed; if he has also reviewed the performance of the Railway Safety Commission in this regard; if he has made any proposals for changes at this agency; and if he will make a statement on the matter. [17878/10]
I refer the Deputy to my answer to Dáil Question No: 62 taken on Wednesday 24 March 2010 concerning the position on the investigation into the collapse of the Malahide Viaduct and the report by Irish Rail.
With regard the final part of the Deputy's question concerning the Railway Safety Commission, I reiterate that until the statutory investigation by the Railway Accident Investigation Unit is complete it would not be appropriate for me to make any comment concerning any actions required as a result.
58 Deputy Michael D. Higgins asked the Minister for Transport if he will report on the operation of the western rail corridor from Limerick to Galway in its first month of operation; the timeframe for the completion of the full four phases of the WRC from Athenry to Tuam, Tuam to Claremorris and Claremorris to Collooney; and if he will make a statement on the matter. [17872/10]
The first phase of the Western Rail Corridor was opened on 29th March. The provision and operation of services on the rail network is a matter for Iarnród Eireann and I have no function in this matter.
I understand from Iarnród Eireann that the next step will be for them to undertake a detailed evaluation of Phases 2 and 3 with a view to arriving at precise costs to undertake the works. The current funding environment is very 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.
Despite this, I am seeking to progress planning of the Western Rail Corridor Phases 2 and 3, to ensure that Iarnród Eireann will be in a position to move speedily to construction at the earliest possible date once financial circumstances permit. The section of the line from Claremorris to Collooney is currently being preserved under the Clár Programme and Iarnród Eireann will look again at its reopening when Phases 2 and 3 are completed.
59 Deputy Pat Rabbitte asked the Minister for Transport if he will report on the development of a new national rail freight strategy; when the industry and stakeholder forum for the development of freight that was proposed in the new smarter transport document last met; when it will publish any findings; the percentage of the entire Irish rail network that is electrified; if he has completed any studies on the cost of electrifying the whole of the permanent way; and if he will make a statement on the matter. [17889/10]
My Department and the Northern Ireland Department for Regional Development jointly chaired an initial meeting of the All-Island Freight Forum in Dublin Castle on 29 January last. A number of the priority issues were identified, including rail freight and these are now being followed up. The Forum findings will be made known on completion of its work. Matters relating to the development of the rail network, including electrification, are a matter for Iarnród Eireann. However, I understand that Iarnród Eireann has 53kms of electrified track or 2.76% of the network. I understand also that Iarnród Eireann is currently carrying out an exercise to determine the cost of electrifying the track in the greater Dublin area.
60 Deputy Eamon Gilmore asked the Minister for Transport the action he has taken to address alleged corporate governance irregularities at a company (details supplied); and if he will make a statement on the matter. [17887/10]
The company's internal auditors completed a review of corporate governance in 2007. The review made a number of recommendations for improving corporate governance procedures in the company and the Board has confirmed to me that these were implemented.
In September 2008, I appointed a new chairperson and five other directors to the Board of the company. These new appointments have provided renewed leadership and strategic direction to the company.
My Department has also introduced a number of initiatives to improve its own procedures for monitoring corporate governance in the bodies under its aegis.
The new procedures include more detailed reporting requirements and annual formal meetings with the management and boards.
61 Deputy Brian O’Shea asked the Minister for Transport the schedule for national bike week 2010; the actions of the national cycle policy framework that have been implemented; the proposed cost of implementing this strategy; and if he will make a statement on the matter. [17866/10]
Full details for Bike Week (13 to 20 June 2010), including the many events being organised at local level, have yet to be confirmed. The full schedule of events will be posted on www.bikeweek.ie. Progress has been made on some 40 of the 109 action points in the National Cycle Policy Framework. Among the actions already delivered are National Bike Week; Dublin City Council's Dublin Bikes Scheme; support for sports cycling; the improvement of cycle parking facilities in various locations; publication of awareness materials for cyclists and for motorists, bus drivers and HGV drivers in relation to their interactions with cyclists; amended regulations relating to lighting of bikes; and tax relief on the purchase of bikes for travel to work.
Expenditure on cycling related initiatives this year (including Bike Week and some projects that cover both cycling and walking) is likely to be in the region of €17 million.
63 Deputy Liz McManus asked the Minister for Transport his plans for the national roads strategy after the completion of the current inter-urban network programme and in the period from 2013 onwards; if any private public partnerships are currently being prepared or evaluated for new projects including the Leinster outer orbital route; if he will direct the National Roads Authority to undertake an audit and upgrade of the regional and local road networks; if his Department has proposed any indicative list of costs for such a programme to 2016; and if he will make a statement on the matter. [17883/10]
As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads is a matter for the National Roads Authority under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.
The priorities for the national roads investment programme, after the completion of the major inter-urban network in 2010, will be the Atlantic Road Corridor and the improvement of other key strategic routes.
The position in relation to the Leinster Orbital Route remains unchanged. Neither Transport 21 nor the current National Development Plan provided any funding for the construction of this project.
With regard to Public Private Partnerships, the NRA has raised over €2 billion to date in private sector funding for nine toll-based PPP projects and has been authorised to raise a further €1 billion in private investment through unitary payment-based (i.e. non-tolled) PPPs. Procurement is currently underway on three new PPP projects: the N17/N18 Gort-Tuam, the N11 Arklow/Rathnew (including N7 Newlands Cross Junction Upgrade), and the M11 Gorey to Enniscorthy/N25 New Ross Bypass. Proposals are being advanced for further PPPs on the Cork/Limerick element of the Atlantic Road Corridor.
In line with the undertaking in the Renewed Programme for Government, I have already asked the National Roads Authority (NRA) to review the completion dates and appropriate road design standards of roads projects at the design, or earlier, stage of development, in the light of the economic circumstances, falling road usage and climate change. I expect this report to be completed by late Summer 2010.
In relation to regional and local roads, the improvement and maintenance of regional and local roads is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act 1993. The carrying out of works on these roads is a matter for the relevant local authority to be funded from its own resources supplemented by State road grants.
From 1st September 2009, the National Roads Authority was tasked to undertake the administration of the Regional and Local Roads Investment Programme on behalf of my Department. The National Roads Authority recommends grant allocations for regional and local roads, which are subject to final approval by me.
In the current economic climate, the priority is to protect the existing network, particularly the massive €6 billion Exchequer investment in it since 1997. Increased grant assistance is being provided in 2010 for the maintenance and rehabilitation of road pavements and particularly to address the impact of the severe weather late last year and earlier in the year, with a corresponding reduction in grant allocations for major new road schemes and for major realignment schemes.
A comprehensive study into the condition of pavements on regional and local roads was carried out in 1996 and a second national study was completed in 2005.
A detailed assessment of the condition of regional roads will be undertaken in 2010. The outcome of this will influence funding decisions in future years.
64 Deputy Olivia Mitchell asked the Minister for Transport if he has responded to the National Roads Authority request for an additional €25 million in funding for road maintenance; and if he will make a statement on the matter. [17982/10]
As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads, including the N5, is a matter for the National Roads Authority under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. On 11th January 2010, the National Roads Authority (NRA) wrote to my Department requesting an increased maintenance budget.
I announced the allocations for national roads on 1st February 2010. A total of €1.15 billion is being provided to the NRA in 2010 for maintenance and improvement of national roads. All funding for 2010 has now been allocated and there are no further funds available from which additional allocations could be made.
65 Deputy Kathleen Lynch asked the Minister for Transport his views on national road safety that one in every 20 vehicles on roads here reportedly does not have insurance; the plans that he has to tackle this problem; and if he will make a statement on the matter. [17870/10]
The Road Traffic Acts already provide for the offence of using a mechanically propelled vehicle in a public place without Third Party motor insurance. Penalties available under the Acts include a consequential disqualification or the endorsement of 5 penalty points on a driving licence record of a person convicted of such an offence.
Under section 41 of the Road Traffic Act 1994 and associated regulations, a member of the Garda Síochána who is of opinion that a vehicle is being used in a public place without motor insurance is authorised to take such steps, in accordance with the regulations, as s/he thinks fit, for the detention, removal and storage of the vehicle.
I have no plans to provide for further offences in relation to motor insurance. Enforcement of these existing offences is a matter for the Garda Síochána and the Courts Service.
All victims of uninsured driving are entitled to compensation through the Motor Insurer's Bureau of Ireland (MIBI) which is funded through motor insurance premia.
66 Deputy Joan Burton asked the Minister for Transport his views on the proposed overhaul of the Dublin Bus network; his further views on the impact on commuters and bus dependent communities of the potential withdrawal of 90 more buses from the Dublin Bus fleet and the loss of 150 more jobs at the company; and if he will make a statement on the matter. [17862/10]
The objective of the redesign of the Dublin Bus network is to provide current and future bus customers with a service that will be modern, accessible, integrated, easy to understand, punctual and frequent. The redesign, which will commence in July 2010 and proceed on a phased basis at two to three month intervals, will deliver real and tangible benefits to the vast majority of bus users. These benefits include:
improved traffic flow in the city centre;
a doubling of the number of services with a frequency of 10 minutes or better;
60% of customers will be served by high frequency services as opposed to 23% at present;
a reduced layover of buses in the city centre resulting in improved traffic flows and an enhanced city centre environment;
increased interchange opportunities with DART, heavy and light rail; and
more cross city services.
The redesigned network will be supported by complimentary measures such as Integrated Ticketing and Real Time Passenger Information.
These measures will result in the provision of high quality and efficient public bus service and reflect the commitment of the company to deliver better services at better value to the customer and taxpayer.
67 Deputy Joanna Tuffy asked the Minister for Transport if he will report on the recent awarding of the contract to operate the integrated ticketing scheme to a company (details supplied); when the ITS will be rolled out and operational; the estimated cost of implementing and running the ITS; and if he will make a statement on the matter. [17864/10]
The contract to operate the Integrated Ticketing Scheme was recently awarded to Hewlett-Packard (HP) Ireland. The contract will provide a number of key services required to operate and administer the scheme. HP Ireland will be responsible for customer support services including provision of a telephone customer support helpdesk, back office business processing, an ITS website, and the supply of smart cards. They will also be responsible for the provision and management of a smart card point-of-sale network so that customers can buy smart cards, top them up, and buy a range of products in retail outlets. The point-of-sale service is being provided by Payzone as a sub-contractor to HP and will be available at over 400 retail outlets across Dublin.
The integrated ticketing project is being introduced in the Greater Dublin Area (GDA) on a phased basis, based on smart card technology. A progressive approach is being adopted to allow customers to familiarise themselves with using the new system and to permit transport operators to undertake the necessary testing with the integration of the technologies involved. The project is now firmly in the implementation phase and extensive testing of elements of the system is already underway.
Subject to successful completion of the testing that is currently underway, Dublin Bus and Luas annual pass-holders will be migrated to integrated smart cards from late Summer. This will be followed in the Autumn by similar testing for ePurse (pay-as-you-go) users of Dublin Bus and Luas services. The pay-as-you-go system will be fully launched when this function is sufficiently robust. When this system goes live, it will facilitate cashless travel on services of participating operators.
The integrated smart card will subsequently be rolled out to cover services provided by private operators, Irish Rail (DART and commuter rail) and Bus Éireann following completion of the necessary development, testing and commissioning of their systems. Testing and roll-out for these service providers will commence in early 2011.
The overall capital budget for the integrated ticketing project is €55.4 million. This expenditure encompasses project management, design and development costs and operator contributions for the development of the single smart card. The operating costs will be borne by the transport operators and will not be met by the Exchequer.
In a project involving numerous organisations, and where there are many business and technical complexities, there are and will continue to be difficulties that will pose challenges to all participants in delivering on the agreed programme. This has also been the experience internationally. The experience to date is that the Project Board, which is responsible for the successful delivery of the integrated ticketing system, is working well and in a manner that allows them to meet these challenges as they arise.
68 Deputy John Deasy asked the Minister for Transport his plans to set standard guidelines for speed limits on local and regional roads; and if he will make a statement on the matter. [17961/10]
Default speed limits that apply to defined categories of roads are established under the Road Traffic Act 2004. For local and regional roads, the default speed limit is set at 80 kilometres per hour. This can only be changed on a permanent basis by county and city councils through the making of special speed limit bye-laws. Section 9 of the 2004 Act sets out the range of special speed limits that may be applied by local authorities through bye-laws. Following the metrication of speed limits in 2005, guidance issued to Local Authorities from the then Minister on the setting of these special speed limits. The purpose of these guidelines is to provide advice and guidance to Local Authorities in relation to the making of special speed limit bye-laws by county and city councils. These Guidelines set out principles to guide local authorities in setting speed limits with the intention of contributing to the establishment of uniform and standard application of appropriate speed limits on a country-wide basis. Revised Guidelines issued to Local Authorities in December 2008.
The legislation underpinning both the default speed limits and the range of special speed limits is kept under review by my Department on an ongoing basis.
The Road Safety Strategy 2007-2012 sets out two related actions (a) to prepare and publish technical/engineering guidance for the setting of speed limits generally and (b) for local authorities to audit and report on the appropriateness and consistency of speed limits every two years. Work on these actions is now in hand within my Department.
69 Deputy Bernard J. Durkan asked the Minister for Transport the extent he directly or in consort with his EU colleagues has evaluated the impact of the grounding of aircraft arising from emissions from the Icelandic volcanic eruption; the degree of emissions and of ash from the volcano in question on a weekly basis since the initial eruption; if issues have been identified as to the way that an island nation unilaterally or in conjunction with the EU can deal with such a crisis without jeopardising safety requirements and at the same time meet in some part the travel requirements of the public; and if he will make a statement on the matter. [17904/10]
I refer the Deputy to my response to Priority Question No. 41 of today.
70 Deputy Jan O’Sullivan asked the Minister for Transport if he has directed the Railway Procurement Agency to conduct feasibility studies for light rail systems in Galway, Cork, Limerick and Waterford; if not, the reason for same; his plans to develop light rail systems for cities outside of Dublin; and if he will make a statement on the matter. [17877/10]
As I have indicated to the House previously, the Programme for Government made a commitment to conduct feasibility studies into light rail systems in Cork, Galway, Limerick and Waterford. I subsequently asked the local authorities in these cities to use these studies to consider the feasibility of both light rail and bus rapid transit systems.
These studies, which are being carried out by consultants appointed by the relevant local authorities, with funding from my Department, are examining the most appropriate and feasible public transport systems for the cities in question, and are not being carried out by the Railway Procurement Agency.
In the case of Galway, the Study was adopted by the City Council on 8th March 2010 but I understand that the City Council are considering how to address a number of issues raised by Councillors before the Study is presented to me.
In the case of Cork, Limerick, and Waterford, the Studies are expected to be formally adopted in the coming months following completion of all the relevant local public consultation and adoption procedures in each case.
On the completion of these studies, I will consider their recommendations before making decisions on how best to enhance public transport in the four cities.
71 Deputy Thomas P. Broughan asked the Minister for Transport the position regarding the alleged operation of all bus services without a licence here; the number of buses that are operating without departmental sanction; the action his Department or the national transportation authority is taking in this regard; if his Department granted a licence to a bus company (details supplied) on 27 April 2010 to run a Galway to Dublin service; the reason for granting this licence; if he ever met any representatives of a company on an official state visit to China or Singapore; the steps he has taken in the aftermath of the evidence given to the Joint Committee on Transport on 18 November 2009 in regard to the alleged illegal operation of that company’s Dublin to Galway service; and if he will make a statement on the matter. [17860/10]
Pending the commencement of the relevant provisions of the Public Transport Regulation Act 2009, bus route licences are granted to private operators in accordance with the provisions of the Road Transport Act 1932. The National Transport Authority is at an advanced stage in the preparation of new licensing guidelines required under the 2009 Act. I expect the new licensing regime, including a substantial penalty regime for unlicensed services, to be in place during 2010.
The Department referred the investigation of three unlicensed operators to the Gardaí in recent years. An operator was prosecuted in 2006 and the Gardaí recently brought a prosecution against another operator. The matter was decided before Galway District Court on 28 April 2010. The operation of one other unlicensed operator is still with the Gardaí.
In accordance with the requirements of the Road Transport Act 1932, my Department considered an application for an express Dublin to Galway bus service from Citylink. A licence for such a service was recently granted having regard to the public interest.
In March 2008, while on route to represent the Government for St. Patrick's Day in Australia. I had a meeting with Irish City Link Comfort Delgro Limited who own the "Citylink" network in Ireland.
72 Deputy Joanna Tuffy asked the Minister for Transport if he will report on the first project under the smarter travel demonstration fund that was recently launched in Dundalk, County Louth; the amount of funding that was allocated for this project; the number of other projects that have been approved under this fund; when they will come on stream; the costs involved; and if he will make a statement on the matter. [17867/10]
Funding of €805,000 over a 3-year period has been agreed for this project, which aims to encourage more sustainable transport choices in Dundalk, in particular in relation to travel to and from school. The project encompasses both hard measures such as the provision of traffic calming infrastructure, and soft measures such as cycle training, and a behavioural change campaign.
The Dundalk project was one of 35 projects short-listed in the Smarter Travel Project Fund competition, to which I hope to be in a position to allocate €15 million over 5 years. I expect to announce more details of all funded projects in the coming weeks.
73 Deputy Joan Burton asked the Minister for Transport the position regarding the recommendations of the Deloitte and Touche report on efficiencies in the bus sector; the timeframe for the implementation of all the recommendations; the level at which Dublin Bus and Bus Éireann fleets should be maintained in order to provide the optimum service to commuters; and if he will make a statement on the matter. [17863/10]
In line with the recommendations of the Deloitte report and taking account of the need to reduce its operating deficit, Dublin Bus is undertaking a redesign of its network based on the most recent pattern of demand and on reducing the number of variations of bus routes. It is also working on eliminating unnecessary duplication of services, creating even headways to improve reliability and reduce the potential for "bunching" of services.
Dublin Bus has commenced the roll out of its Automatic Vehicle Location (AVL) System and full implementation on the Dublin Bus fleet is expected to be completed towards the end of 2010. The information from the AVL System will be used on the Real Time Passenger Information units which are being procured and managed by Dublin City Council.
Prior to installation of on street signage this year Dublin Bus will commence provision of Real Time Passenger Information on the Internet and on mobile phones.
In the case of Bus Éireann the Deloitte report concluded that the scope for cost savings is limited as the current network design and schedules are largely efficient. In line with the recommendations of the report Bus Éireann is engaged with Pobal, the HSE, the Irish Wheelchair Association, the Department of Education and my Department in co-ordinating the better integration of various services provided by Bus Éireann, the Rural Transport programme and the HSE. Pilot projects currently underway will be evaluated with a view to mainstreaming across the country. Bus Éireann has also expanded the use of double deck buses and coaches and have undertaken a "Use the Bus" type marketing campaign to increase passenger carryings.
It is a matter for the bus companies themselves in conjunction with the National Transport Authority to decide on the level of buses maintained in their fleets.
74 Deputy Róisín Shortall asked the Minister for Transport if all recent industrial relations issues at Aer Lingus have been addressed; when he was last briefed by the three Government appointed directors to the board of Aer Lingus; the latest directions that he has given these board members in this regard; and if he will make a statement on the matter. [17890/10]
While industrial relations are a matter for the company, I understand that all unions representing staff at Aer Lingus have voted in favour of accepting the company's cost restructuring plans following extensive negotiations under the auspices of the Labour Relations Commissions.
From an aviation policy perspective, I welcome this development and would encourage all stakeholders to continue to lend their full support to Aer Lingus to ensure that the airline can return to growth and profitability in the near future.
I last met with the three government appointed directors to the board of Aer Lingus approximately four weeks ago. The duties of the three Government appointed directors derive from the Companies Acts and, as such, the directors are obliged to pursue the best interests of the company. Subject to that duty, the three Government appointed directors are requested to seek to ensure that all decisions of the company that have significant implications for wider Government, aviation or regional development policies are considered at board level. In any such decisions they are directed to seek to reconcile commercial and public policy objectives.
76 Deputy Liz McManus asked the Minister for Transport when the Commission for Taxi Regulation will be incorporated into the National Transport Authority; the regularity with which he meets and is briefed by the taxi regulator; and if he will make a statement on the matter. [17884/10]
Work is currently underway to facilitate the absorption of the Commission for Taxi Regulation into the National Transport Authority by the end of the year.
I ensure that I am fully briefed on matters relating to the work of the Commission for Taxi Regulation including its proposals for the reform of the SPSV Sector, and, there is ongoing contact concerning corporate governance and policy related matters between my Department and the Commissioner's Office.
I am aware that the Commission for Taxi Regulation, is pursuing, in follow up to the package of reform measures it announced in October last, a range of other measures to further improve taxi services and that good progress is being made in consultation with taxi representative groups and with the Taxi Advisory Council to advance the implementation of the reform measures.
I am committed to ensuring that the regulatory framework for the taxi industry is one that best meets the needs of taxi users whilst providing a good standard of living to all those working in the sector. A return to previous inappropriate forms of regulation that did not best meet the needs of taxi users and the wider industry is not an option.
77 Deputy Dan Neville asked the Minister for Transport the discussions he has had with the Dublin Airport Authority on its end of year 2009 results; his views on these results; and if he will make a statement on the matter. [17984/10]
The Annual Report and Accounts of the Dublin Airport Authority (DAA) for 2009 were published on 27 April and were lodged in the Library of the Houses of the Oireachtas the same day. I note that falling passenger numbers caused by the recession led to DAA's Gross Profit reducing by 10% on the previous year. DAA's Group Profit excluding exceptional items in 2009 was €38m as compared to €78m in 2008.
Despite the 2009 results, I welcome the continuing efforts by the company to achieve efficiencies in the current difficult market conditions. The success of the company's cost recovery programme reflects well on the contribution that employees can make to DAA's financial performance and to enhancing its ability to operate the airports more efficiently in the future.
In line with normal shareholder contacts, I will be meeting with the board and management of the company in the coming weeks to discuss strategic issues and the company's plans for the future. In this regard I note the DAA Chairman's statement in the 2009 Annual Report as follows: "However, for an airport operator with a strategic vision, it is essential to recognise that the current recession, which has had a significant impact on the passenger numbers, will end. The long-term traffic pattern for air traffic shows that in the wake of every economic or geopolitical shock, there is a subsequent return to significant growth."
78 Deputy Thomas P. Broughan asked the Minister for Transport if he will review the air passenger protection rights for travellers in the context of the recent volcanic ash crisis that caused such disruption for air passengers at Irish and international airports; if he is monitoring the situation on an ongoing basis to ensure that all passengers who were disrupted have their full passenger rights honoured in terms of their right to care; his views on whether major airlines indicated that they may not comply with the law in this regard; when he will publish his plans for an air passenger fund; if the airlines will have to contribute to this fund; when it will be operational; and if he will make a statement on the matter. [17856/10]
Regulation (EC) 261/2004 established common European rules on compensation and assistance to passengers in the event of cancellation or long delay of flights or in the event of being denied boarding.
The Regulation clearly sets out the rights of passengers in such events and the obligations on airlines to provide care and assistance. While the flight cancellations and delays which occurred during the recent volcanic ash crisis were the result of extraordinary circumstances beyond the control of the airlines, the Regulation is quite clear that the airlines nonetheless have an obligation to provide certain types of care and assistance as set out in the Regulation.
The Regulation has direct application in Member States and the Commission for Aviation Regulation (CAR) has been designated as the National Enforcement Body for the Regulation in the State. The CAR is the competent body to enforce the provisions of the Regulation arising from cancellations due to depart from Ireland; for travellers whose cancelled flights were due to depart from other Member States, the relevant national enforcement body will be the body designated by that Member State.
Passengers must apply to their airline in the first instance to claim their entitlements. If airlines do not comply with the law and passengers fail to receive their entitlements, the relevant national enforcement body can then take enforcement action. The list of all EU national enforcement bodies is available on the CAR's website www.aviationregulation.ie along with all other relevant information on the provisions of the Regulation. The CAR was represented on the Government Task Force on the crisis and was very proactive in informing the public of their rights under this legislation.
I have no plans to develop an air passenger fund. The existing EU Regulation provides comprehensive consumer protection for air passengers.
79 Deputy Brian O’Shea asked the Minister for Transport when he was last briefed on the proposed closure of the Rosslare to Waterford rail line by Irish Rail in view of the fact that this will be a critical link in the context of the fully reopened western rail corridor; the steps that he has taken to examine all possible ways of keeping this commuter rail line open; and if he will make a statement on the matter. [17865/10]
Irish Rail recently briefed me on the deterioration in its financial position due to declining demand and revenue and increased costs. The company is implementing a wide-ranging cost recovery plan to ensure its financial viability. In this context, I understand the company is considering the suspension of services on the Waterford-Rosslare line.
This line, on which one train operates each way daily, has experienced low patronage for many years with approximately 25 passengers each way per day. I understand that revenue covers only 2% of operating costs and each passenger is being subvented by the State at a cost of nearly €80,000 per annum to travel by rail. Iarnród Éireann has examined an alternative strategy of increasing the service to three rail trips per day. However, even with an average load factor of 42% amounting to approximately 250 journeys each way, the route would still lose €1.9m per annum.
Decisions in regard to services such as those on the Waterford-Rosslare route and their links with other railway routes and services are a matter for larnród Éireann having regard to the resources available to it.
I understand that larnród Éireann has surveyed customers on the route in terms of origin and destination and is examining possible alternative services, which could be provided to customers on the route. I also understand that it is exploring with interested parties the possibility of establishing a heritage railway on the route, which would be of benefit to tourism in the area.
80 Deputy Paul Kehoe asked the Minister for Transport the annual budget for each of the 36 agencies under the remit of his Department annually since 2007; and if he will make a statement on the matter. [17975/10]
The Exchequer funding has been allocated under Vote 32 to the following agencies under the remit of my Department since 2007:
|
State Body |
Vote 32 Funding 2007 |
Vote 32 Funding 2008 |
Vote 32 Funding 2009 |
Vote 32 Funding 2010 |
|
€000 |
€000 |
€000 |
€000 |
|
|
CIE Group |
776,269 |
911,036 |
726,808 |
496,129 |
|
Railway Safety Commission |
2,090 |
2,078 |
2,014 |
400 |
|
Railway Procurement Agency |
11,000 |
10,958 |
10,598 |
29,748 |
|
National Roads Authority |
1,782,874 |
1,679,461 |
1,470,009 |
1,636,324 |
|
Dublin Transportation Office/NTA |
41,593 |
59,017 |
38,472 |
353,512 |
|
Road Safety Authority |
31,124 |
39,704 |
32,835 |
28,746 |
|
Medical Bureau of Road Safety |
5,911 |
4,448 |
4,363 |
4,557 |
|
Marine Casualty Investigation Board |
300 |
250 |
200 |
250 |
In addition to the figures shown above, the following funding has been allocated to regional harbours for remedial works in the last four years:
|
Year |
€m |
|
2007 |
10.5 |
|
2008 |
3.705 |
|
2009 |
3.699 |
|
2010 |
4.1 |
Detailed budgetary information in relation to the agencies under the remit of my Department can be found in their annual reports and accounts.
81 Deputy Mary Upton asked the Minister for Transport the input his Department has had with the Department of Communications, Energy and Natural Resources on the rollout of the national electric vehicle programme; if he has made any recommendations on transforming the public sector captive public fleets to electric or low emissions vehicles; the standards and targets and overall percentage of cars he is aiming for in relation to electric and hybrid private transport by 2020; and if he will make a statement on the matter. [17871/10]
Electric Vehicles policy and the targets and rollout of the electric vehicle programme, including captive fleets, are matters for the Department of Communications, Energy and Natural Resources (DCENR), the ESB and the SEAI.
My Department participated in the interdepartmental group on electric vehicles, and also chaired a sub-group on the specific transport sector elements of the electric vehicles policy — transport incentives, infrastructure, captive fleets, and the potential for demonstration projects. This sub-group reported to the overall interdepartmental group, chaired by DCENR.
83 Deputy Emmet Stagg asked the Minister for Transport when he will publish the national pedestrian strategy; the proposed key headings of the strategy; if it will include a range of appropriate low speed limits; if home zone residential estates will be included; if new legislation will be necessary to facilitate the strategy; the estimated cost of new pedestrian strategy; and if he will make a statement on the matter. [17888/10]
The preparation of a national pedestrian safety strategy under Action No. 80 of the Road Safety Strategy 2007-2012 is the responsibility of the Road Safety Authority. I understand from the RSA that the Strategy is being finalised and will be published shortly.
84 Deputy Ciarán Lynch asked the Minister for Transport if he will report on the arrangements for the operation of the coast guard search and rescue service; if the four existing bases will continue on a 24 hour basis; and if he will make a statement on the matter. [17886/10]
The Government has approved a half a billion-euro investment in maritime search and rescue capability on the island. The contract, which is to run until 2023 makes provision for the operation of the 4 existing bases, on a full time day and night basis.
This investment is a major advancement for search and rescue in Ireland at a time of serious budgetary constraints. The new contract will represent a stepped improvement in the capacity, range, speed and capability of Ireland's SAR service.
In short the new helicopters are equipped to fly to the scene of a mission faster, find the vessels or persons in the water more efficiently using better search, surveillance and tracking tools, winch them to safety more quickly, provide better medical facilities onboard and return them to safety in the shortest possible time.
85 Deputy Róisín Shortall asked the Minister for Transport if he has reviewed the new research from the Road Safety Authority which indicated that learner drivers were responsible for more than one in five fatal crashes in 2008; his views on Garda figures which show that almost 14,000 learner drivers have been caught driving unaccompanied or without learner signs; and if he will make a statement on the matter. [17861/10]
I am aware that learner drivers are involved in road collisions to a disproportionate degree, not only in Ireland but in many jurisdictions. I am prepared to introduce any appropriate measures which will bring about an improvement in this situation.
Actions 72, 73 and 74 of the Road Safety Strategy 2007-2012 relate to the introduction of a Graduated Driver Licensing System (GDLS), and the Strategy outlines a range of measures to be considered in relation to the GDLS. The aim of a GDLS is to improve driver learning and reduce accidents involving learner drivers.
The Road Safety Authority (RSA) undertook a consultation process on a GDLS in 2009, which contained a number of possible measures. The RSA has considered the responses from the public and interested bodies and has recently submitted its recommendations to my Department. Those recommendations are being considered carefully within my Department at present.
Issues relating to Garda enforcement of traffic regulations are a matter for my colleague the Minister for Justice, Equality and Law Reform.
86 Deputy Aengus Ó Snodaigh asked the Minister for Transport the circumstances under which he will respond under the national emergency plan; and if this plan includes volcanos and earthquakes. [15932/10]
The Framework for Major Emergency Management is the document that sets out a structure enabling the Principal Response Agencies to prepare for, and make a co-ordinated response to, major emergencies resulting from events such as fires, transport accidents, hazardous substance incidents and severe weather. While the Framework does not specifically cover volcanoes and earthquakes it is designed to be sufficiently flexible to enable an appropriate response to all emergency situations.
Emergency planning in this country is developed on the ‘lead department' principle. This means that each department is responsible for planning for emergencies that fall within its area of responsibility and for activating its emergency plans and procedures when so required. These plans and procedures include arrangements for keeping the public informed and up-to-date.
In relation to the volcanic eruptions, my Department activated the Government Taskforce on Emergency Planning on the afternoon of the 15th April as the scale and implications of the eruptions became apparent over the earlier course of that day.
The role of the Taskforce was to review all the latest information regarding the volcanic ash cloud and provide advice to the Government on the most appropriate measures to be taken. The Taskforce also ensured that all actions were taken by the appropriate authorities in a co-ordinated way and that up-to-date information and advice was provided to the media and to the public in a timely manner.
While the Taskforce stepped down on Tuesday 27th April 2010, the various Departments and agencies will continue to monitor the situation in the coming months.
87 Deputy Emmet Stagg asked the Minister for Transport if he will report on Ireland’s ferry connectivity in view of the recent total suspension of air travel services; if he is developing proposals to enhance ferry connectivity at present; the position regarding the development of the Bremore Port proposals; if he will undertake a strategic review of Irish port capacity and operations to 2030 and beyond; and if he will make a statement on the matter. [17859/10]
Ireland is one of the best served countries in Europe for Roll on/Roll off passenger ferry services. Currently there are nine operators operating from six ports to the United Kingdom and France with an average of sixty return sailings per day and a total passenger capacity of 20,669 passengers.
It is estimated an additional 62,000 passengers were carried through Irish ports when air travel services were suspended for six days in the aftermath of the recent volcanic eruption in Iceland. This resulted in a 300% increase in the demand for ferry passenger services over normal demand at this time of the year.
The Irish Maritime Development Office are currently undertaking a modelling exercise which will provide further information of the total potential available passenger capacity at any point in the year should such an event re-occur.
The Dublin Port Study carried out by my Department under the NDP was published in August 2009. It provides the most recent analysis of future traffic and capacity projections at our commercial seaports.
The study highlighted the need to develop significant additional port capacity by 2025-2030. Such is the nature of the expected future demand, the capacity required will necessitate the provision of significant developments, such as that envisaged at Dublin or Bremore, in addition to other projects around the State.
Drogheda Port Company, together with its private sector partners, continue to progress their plans to construct a new deepwater port in the Bremore area. However, a planning application has yet to be made.
A review of the 2005 Ports Policy Statement will commence later this year. This will provide an opportunity for all stakeholders to comment on the medium to long-term capacity challenges faced by the sector.
88 Deputy Michael D. Higgins asked the Minister for Transport if he is currently preparing any submission for the Department of Finance on transport capital spending for 2011 through to 2016, especially in regard to metro north, the western rail corridor, the Navan rail line and the Dublin rail interconnector and in the post-Transport 21 era; and if he will make a statement on the matter. [17874/10]
My Department has already made a detailed input to the capital review carried out by the Department of Finance.
89 Deputy Fergus O’Dowd asked the Taoiseach the details of any former Government office holder appointed by him in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if he will make a statement on the matter. [17703/10]
Since taking office as Taoiseach, Tom Parlon, Construction Industry Federation (CIF), was appointed by me to the National Economic and Social Council (NESC), under Business and Employer Organisations in March 2009. Mr. Parlon was Minister of State with responsibility for the Office of Public Works (OPW), until June 2007 after which he joined the CIF.
|
Name |
Organisation |
Salary |
Other benefits |
Term of appointment |
Travel costs per annum |
|
Tom Parlon, CIF |
NESC |
N/A |
N/A |
2009-2010 |
N/A |
90 Deputy Ciarán Lynch asked the Taoiseach the counsel that are currently nominated by the Attorney General to appear before the Moriarty tribunal to appear on behalf of the public interest; the arrangements in place over the years since the tribunal was established for the nomination of counsel to represent the public interest; the arrangements previously and currently in place in the Office of the Attorney General to ensure that counsel nominated by the Attorney General to represent the public interest and those nominated to represent clients of the Attorney General could, if necessary, represent different interests and make different arguments; and if he will make a statement on the matter. [18123/10]
I am informed by the Office of the Attorney General that the modus operandi as to representation of the public interest at the Moriarty Tribunal is that there is no standing counsel appointed to represent the public interest at the public hearings of the Tribunal. Rather, the position is that, as and when a public interest issue arises, and when the Tribunal, having identified particular points of law in the public interest, seeks to be addressed on public interest issues, the Tribunal writes to the Attorney General of the day seeking argument or submissions to the Tribunal on the issue at hand. This procedure has been adopted in order to keep legal costs to a minimum. It should be pointed out, of course, that the Tribunal itself has a public interest function and must at all times act in the public interest.
When the need arises for the Tribunal to address a public interest issue, counsel for the public interest is appointed for the purpose by the Attorney General and makes such arguments and submissions as are needed. Such counsel will be different from counsel representing the Office's client Government Departments and will, of course, be representing the public interest and free to make arguments on its behalf, including, if appropriate, arguments different from those (if any) being made by counsel acting for client Departments.
Senior Counsel (and junior counsel where necessary) appointed by the Attorney General at the invitation of the Tribunal to address and / or prepare written submissions to the Tribunal since its inception were Mr Frank Clarke SC and Ms Emily Egan BL from 1998 to 2004/5 and Mr Michael McGrath SC and Mr Brian Kennedy BL 2005 to date.
Within the Attorney General's Office, the arrangements in place have always been that a Tribunal public interest issue, when one arises, is handled by an Advisory Counsel different from the Advisory Counsel assigned to representation of client Government Departments and there is strict demarcation between them. However, the Tribunal interacts directly only with counsel for the public interest and the (separate) solicitor appointed for that purpose in the Chief State Solicitor's Office.
I would add for the Deputy's information that oral submissions made by counsel for the public interest at an early public hearing of the Tribunal indicated that it was appropriate for the public interest to be involved in the Tribunal:
(a) where an issue relating to the Constitution might be raised, and the Attorney General considered it appropriate that the public interest be separately represented;
(b) where a dispute might arise about the terms of reference of the Tribunal, or the words of the resolutions giving effect to the establishment of the Tribunal; or
(c) where there might be a dispute relating to the powers of the Tribunal, or the interpretation of the relevant legislation under which it operates.
In making these submissions, counsel for the public interest made clear that it was the Attorney General's view that it was not appropriate for the public interest to be involved in the facts into which the Tribunal has to inquire itself.
91 Deputy Lucinda Creighton asked the Taoiseach the number of departmental staff, including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if he will make a statement on the matter. [18354/10]
My Department does not keep such records as requested by the Deputy unless it is relevant to the current employment of the persons concerned.
92 Deputy Ciarán Lynch asked the Taoiseach the role, function and membership of the IFSC clearing group located in his Department; the members since 2002 coming from Departments, State agencies and the private sector; the methodology for identifying persons from the private sector to serve on the group; the workload of the group since 2002, specifying particular aspects of Government policy including proposals for legislation that were considered by the group; and if he will make a statement on the matter. [18374/10]
My Department has taken a coordinating role in support of development of the international financial services industry since its inception in 1987. The Department operates a forum for this purpose through the IFSC Clearing House Group, which first met in October 1993, and through a series of specialised Working Groups in the areas of Banking & Treasury, Insurance, Funds and Pensions. There is also a specialist Task Force on Asset Management.
The IFSC Clearing House Group (CHG) identifies and considers issues of major concern to the long-term development of the international financial services industry in Ireland, including the strategic development of new business areas and opportunities, the progress of relevant legislation, both domestic and European, consideration of regulatory issues, the provision of relevant industry skills and the appropriate marketing of the industry.
Membership of the Clearing House Group includes senior public sector and industry representatives together with the Chairs of the respective Working Groups and Task Force and is chaired by the Secretary General of the Department of the Taoiseach. The other Working Groups and Task Force are chaired by industry representatives. The duration of the membership of the CHG and the other Working Groups and Task Force is approximately three years.
Industry members of the Clearing House Group since 2002 have been appointed by an agreed nominating process which is coordinated between my Department and Financial Services Ireland (FSI), which is a sector organisation within IBEC. The industry members are nominated by FSI through this process which aims to ensure that all sectors of the international financial services industry are represented.The Chair of the Dublin International Insurance and Management Association (DIMA) and the Chief Executive of the Irish Stock Exchange are also members of the Group. My Department does not have a role in the nominating of industry nominees to the CHG.
In addition, the Chairpersons of the other IFSC Working Groups and Task Force all serve as members of the Clearing House Group for the duration of their tenure as Chairs of the particular Groups.
Among the various initiatives undertaken by the CHG was the publication of the strategy document " Building on Success", which was launched by the then Taoiseach in September 2006. This strategy covers the areas of regulation, legislation, marketing, education and innovation.
In February 2009, the CHG facilitated an Industry Workshop in Dublin Castle with the intention of considering the main issues affecting the industry and the ideas which emerged from the workshop are being considered and worked through the various Government Departments and State Agencies under the guidance of the CHG.
|
Names and Sectors of those who are/were, at different times, members of the IFSC Clearing House Group, since 2002. |
|
Public Sector |
|
Mr. Dermot McCarthy, Department of the Taoiseach (Chair) |
|
Mr. George Shaw, Department of the Taoiseach |
|
Mr. Kevin Cardiff, Department of Finance |
|
Ms. Ann Nolan, Department of Finance |
|
Mr. Donal McNally, Department of Finance |
|
Ms. Brigid McManus, Department of Finance |
|
Mr. Michael McGrath, Department of Finance |
|
Mr. William Beausang, Department of Finance |
|
Mr. Derek Moran, Department of Finance |
|
Mr. Gary Tobin, Department of Finance |
|
Mr. Sean Gorman, Department of Enterprise, Trade and Employment |
|
Mr. John Corcoran, Department of Enterprise, Trade & Employment |
|
Mr. Paul Haran, Department of Enterprise, Trade & Employment |
|
Mr. Sean Gorman, Department of Enterprise, Trade and Employment |
|
Ms. Breda Power, Department of Enterprise Trade and Employment |
|
Mr. Vincent Madigan, Department of Enterprise, Trade and Employment |
|
Mr. Ronald Long, Department of Enterprise, Trade and Employment |
|
Ms. Ruth Carmody, Department of Education and Science |
|
Ms. Muriel Hinch, Revenue Commissioners |
|
Mr. John McNamara, Revenue Commissioners |
|
Mr. Frank Mullen, Revenue Commissioners |
|
Mr. Eamonn O’Dea, Revenue Commissioners |
|
Mr. Jim Byrne, Revenue Commissioners |
|
Mr. Sean Moriarty, Revenue Commissioners |
|
Mr. Brendan McCormack, Revenue Commissioners |
|
Mr. Barry O’Leary, IDA Ireland |
|
Mr. Brendan Logue, IDA Ireland |
|
Mr. Seán Dorgan, IDA Ireland |
|
Mr. David Hanna, IDA Ireland |
|
Ms. Deirdre Lyons, IDA Ireland |
|
Mr. Kieran Donoghue, IDA Ireland |
|
Ms. Jennifer Condon, Enterprise Ireland |
|
Mr. Joe Breslin, Enterprise Ireland |
|
Mr. Kevin Sherry, Enterprise Ireland |
|
Mr. Matthew Elderfield, Financial Regulator |
|
Mr. George Treacy, Financial Regulator |
|
Ms. Martina Kelly, Financial Regulator |
|
Mr. Pat Neary, Financial Regulator |
|
Mr. Con Horan, Financial Regulator |
|
Mr Michael Deasy, Financial Regulator |
|
Mr. Peter Coyne, Dublin Docklands Development Authority |
|
Mr. Paul Maloney, Dublin Docklands Development Authority |
|
Industry Members nominated by Financial Services Ireland (FSI) |
|
Mr. Michael Ryan, Merrill Lynch Capital Markets Bank Ltd. |
|
Mr. Denis Casey, Irish Life & Permanent plc |
|
Mr. Willie Slattery, State Street |
|
Mr. Pat Wall, PriceWaterhouse Coopers |
|
Mr. Colm Doherty, AIB Capital Markets |
|
Mr. Brian Goggin, Bank of Ireland |
|
Mr. Mick Sweeney, Bank of Ireland |
|
Mr. Sean Crowe, Bank of Ireland |
|
Mr. Denis Donovan, Bank of Ireland |
|
Mr. Michael Deeny, DEPFA ACS Bank |
|
Mr. Pat Farrell, IBF |
|
Mr. Tony Golden, Citigroup |
|
Mr. Brendan Kelly, Financial Services Ireland |
|
Ms. Aileen O’Donoghue, Financial Services Ireland |
|
Mr. Andrew Healy, NIB |
|
Mr. Liam Donlon, KBC Bank |
|
Mr. Fergus Murphy, EBS |
|
Mr. Robert Richardson, Pioneer Investments |
|
Mr. Peter Keegan, BAML |
|
Mr. Neil Ward, BMO |
|
Mr. Brian Daly, KPMG |
|
Chairs of IFSC Working Groups |
|
Ms. Máire O’Connor, Ernst & Young |
|
Mr. Eamon O’Brien, AON Insurance Managers |
|
Mr. Keith McDonald, Citibank |
|
Mr. Brian Collins, Bank of Ireland Security Services |
|
Mr. Walter Brazil, AIB Capital Markets |
|
Mr. Gavin Caldwell, KBC Asset Management |
|
Mr. David Dillon, Dillon Eustace Solicitors |
|
Mr. David Fagan, Legal & General |
|
Mr. Gary Palmer, IFIA |
|
Mr. Padraig Rushe, Bank of Ireland |
|
Mr. John Feely, Attain |
|
Mr. John Larkin, William Fry |
|
DIMA and Irish Stock Exchange |
|
Ms. Deirdre Somers, Irish Stock Exchange |
|
Mr. Scott McIntosh, DIMA |
|
Mr. Tim Hennessy, DIMA |
93 Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Innovation further to Parliamentary Question No 142 of 30 March 2010, if the €1 million cost of maintaining the site includes maintenance of the part of the site currently used by the National Standards Authority of Ireland and National Meteorology Laboratory; and if he will make a statement on the matter. [17613/10]
The National Metrology Laboratory, which occupies a purpose built premises, is the only part of the National Standards Authority of Ireland (NSAI) currently on the Glasnevin site. The other parts of NSAI moved from the site in March 2008.
Maintenance (security, power, rates etc) costs are recouped from the NSAI to Enterprise Ireland in respect of the National Metrology Laboratory. In 2010, these are expected to be of the order of €140,000 (approx). This estimate is included in the figure of €1m mentioned in my previous reply.
94 Deputy Finian McGrath asked the Minister for Enterprise, Trade and Innovation his plans to amend the section 13 of Industrial Relations Act 1969 in view of correspondence (details supplied); and if he will make a statement on the matter. [17647/10]
I note from the details supplied that this case was heard before a rights commissioner who issued his decision on 9 May 2008. The claimant appealed this decision to the Labour Court. On 23 October 2008, the Labour Court issued its decision upholding the decision of the rights commissioner.
Both the Labour Relations Commission and the Labour Court are independent statutory bodes which act independently in the carrying out of their functions. Section 13 of the Industrial Relations Act 1969 provides for the appointment and functions of rights commissioners and I have no plans to make any amendments to the Act in this regard.
Responsibility for the resolution of industrial disputes between employers and workers rests with the employer, the workers and their representatives. The State provides the industrial relations dispute settlement machinery, including the Labour Relations Commission and the Labour Court, free of charge to assist this process, which, in line with the general principles of industrial relations in Ireland, is voluntary in nature.
95 Deputy Finian McGrath asked the Minister for Enterprise, Trade and Innovation the body or Government agency in charge of implementing Directive 96/74/EC of the European Parliament and of the European Council of 16 December 1996. [17668/10]
Directive 96/74/EC of the European Parliament and of the Council of 16 December 1996 on textile names was transposed into Irish law by way of S. I. No. 245 of 1998, European Communities (Names and Labelling of Textile Products) Regulations, 1998.
Under Section 37 of the Consumer Protection Act, 2007 responsibility for the enforcement of these Regulations lies with the National Consumer Agency.
96 Deputy Michael D. Higgins asked the Minister for Enterprise, Trade and Innovation the value of imports from Israel in 2009; the position of those imports that were entitled to preferential duty; and if those imports which did not get preferential duty were produced from settlements illegal under international law. [17676/10]
In 2009 Ireland imported goods from Israel to the value of €82.4 million. In addition, services imports from that country for 2008, the last year for which data is available, were valued at €75 million.
I understand that a preferential customs status applies for certain goods traded between the EU and Israel but that goods exported from illegal Israeli settlements cannot benefit from these preferential rates. However, it is the Revenue Commissioner's Customs Service that is the competent Irish Authority to implement rules of origin controls on imports of goods into Ireland and to apply the appropriate tariff duties. My Department has no function in regard to these matters.
97 Deputy Fergus O’Dowd asked the Minister for Enterprise, Trade and Innovation the details of any former Government office holder appointed by him in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if he will make a statement on the matter. [17696/10]
I am unable to supply the information requested by the Deputy at this time. When the data is collated, it will be forwarded to the Deputy.
98 Deputy Seán Barrett asked the Minister for Enterprise, Trade and Innovation his plans to introduce legislation to change the employment permits system in order to give permit holders the right to change employer in their job category, to prevent possible exploitation of migrant workers and to reduce the number of individuals becoming redundant and undocumented; and if he will make a statement on the matter. [17827/10]
Since 2004, Irish labour market policy has been to ensure that general labour and skills needs are met from within the workforce of the European Union. For strategic skills and labour shortages it is Government policy to issue employment permits for the employment of non-EEA nationals for specific vacancies and in response to employer demand. The various schemes that give effect to such policies were introduced under the Employment Permits Act, 2006. The new schemes constituted a major overhaul of previous arrangements and put the employment permits system on a statutory footing.
A particular focus in developing these schemes was on increasing the rights and protections afforded to migrant workers and the means to ensure redress in the event of exploitative practices. The Act's provisions gave immigrants greater freedom, autonomy and control over their own employment choices by enabling workers for the first time to apply and re-apply for their own permit and allowing workers to change their employer after a period of a year and move to another employment in order to take advantage of better conditions or career options. Last year, my Department issued almost 1,500 employment permits in respect of employees changing to new employers.
The Employment Permits Act 2006 provides for regular review of Ireland's economic migration policies and my Department keeps these policies under review on an on-going basis.
My Department condemn any practices by employers that may result in non-compliance with employment rights entitlements or any other mistreatment of employees including those on employment permits. Ireland's Employment Rights Legislation establishes the minimum statutory rights applicable to all people working in Ireland whether they are Irish citizens or otherwise. I would urge all whose employment rights are being breached by an employer or those who know of such exploitation, to contact the National Employment Rights Authority (NERA).
99 Deputy Jimmy Deenihan asked the Minister for Enterprise, Trade and Innovation if he will confirm that in the case of a constructive dismissal in the private sector of an individual with more than ten years’ service, if the employer is liable for redundancy payment; and if he will make a statement on the matter. [17838/10]
An employee who is constructively dismissed is not entitled to statutory redundancy under the Redundancy Payments Acts 1967-2003. In a redundancy situation, the job or position must, in fact, actually cease to exist, for example, due to the closure, liquidation or rationalisation of the employer's business. However, in a dismissal situation, the job position does not automatically cease to exist and may be occupied by another employee or person carrying out the duties.
An employee, who has been constructively dismissed, can seek redress by making a claim to the Employment Appeals Tribunal under the Unfair Dismissals Acts 1997 to 2001.
100 Deputy Deirdre Clune asked the Minister for Enterprise, Trade and Innovation if he will review the application for redundancy of a person (details supplied) in County Cork who has worked for the same company for 22 years and was made redundant but whose employer said they could not afford to pay redundancy; the current status of this application; when the redundancy will be awarded; and if he will make a statement on the matter. [17853/10]
My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation.
I can confirm that my Department received a redundancy lump sum claim from the employee concerned on 19 April, 2010. The claim is awaiting processing.
In respect of lump sum payments paid directly to employees, such as in this instance, the Section is, in general, processing claims dating from September 2009.
In instances such as this, where the employer does not formally wind the company up but goes into informal insolvency and is unable to pay the statutory redundancy entitlements, the Department seeks from the employer evidence of inability to pay the entitlements to the employees. This involves requesting a statement from the company's Accountant or Solicitor attesting to the inadequacy of assets to make the redundancy payments and, the latest set of financial accounts for the company. The employer is also asked to admit liability for the 40% liability attaching to the company arising from the redundancy payments. If this information is provided to the Department, the employees are paid their redundancy entitlement from the Social Insurance Fund. Upon payment, the Department pursues the company for the 40% share that the company would ordinarily have been expected to pay to the employees.
If the necessary supporting documentation required from the employer is not provided to my Department, the employee will be advised by my Department to take a case to the Employment Appeals Tribunal (EAT) against the employer to seek a determination establishing the employee's right and entitlement to redundancy. Once such a determination is available, the Department is then in a position to make the payment to the employee concerned. Should the outstanding documentation be provided by the employer during the period while the case is pending a hearing before the EAT, this would allow the claim to be processed by my Department in the usual way.
I should point out that the impact on business of the severe economic circumstances currently pertaining has resulted in an unprecedented increase in the level of Redundancy Payment claims lodged with my Department. This has impacted significantly on the capacity to maintain the customer service targets that previously obtained. The scale of the challenge on the Redundancy side is evident from the statistics that show incoming redundancy claims in 2009 amounted to 77,001 which represents a threefold increase over the level of claims lodged in 2007 and earlier years. In 2007, claims received were of the order of 25,000.
Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for Redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken in the Department in 2009 to alleviate the pressures on the Payments area include:
almost doubling the number of staff through reassignment to a current level of 52 full time equivalents;
prioritisation of the Department's overtime budget towards staff in the both Section to tackle the backlog outside normal hours;
establishment of a special call handling facility in NERA to deal with the huge volume of telephone calls from people and businesses concerned about their payments.
Better quality information relating to current processing times on the Department's website;
Engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities which those employers owe to the Revenue Commissioners.
The backlog and waiting times remain at unacceptable levels. However, improvements are evident. The number of claims processed and paid by the Redundancy Payments Section in 2009 amounted to 50,664, an increase of 70% over 2008. In the first quarter of 2010, my Department processed 21,122 claims — an increase of over 151% on the previous first quarter in 2009. Claims processed in the month of March 2010 was the highest ever achieved in the Section with 8,168 claims processed in the month. In the year to date, inroads have being made on the backlog of claims on hand, which reduced from 41,168 at the end January 2010 to 37,054 at the end of March 2010.
Responsibility for the payment of redundancy and insolvency payments is due to be transferred to the Department of Social Protection. The intention is to transfer by Government order, the payment functions arising under the Redundancy Payment and Insolvency Payment schemes. In transferring the functions between Departments, it is the intention that this will operate seamlessly and without any adverse impact on the service levels being experienced by individuals or the business community awaiting payment of redundancy claims.
101 Deputy Brendan Howlin asked the Minister for Enterprise, Trade and Innovation the reason a redundancy payment claim in respect of a person (details supplied) in County Wexford, with all required documentation, submitted to his Department in August 2009 has not been processed to completion; if he will expedite a decision and payment in this case; and if he will make a statement on the matter. [18000/10]
My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation.
I can confirm that my Department received a redundancy lump sum claim from the employee concerned on 19 August, 2010. This claim is at an advanced stage of processing and payment is expected to issue within the next two weeks.
102 Deputy Róisín Shortall asked the Minister for Enterprise, Trade and Innovation his plans to amend employment legislation in conjunction with the raising of the pension age to ensure that workers are not forced by their employer to retire earlier than the age at which they can claim State pension. [18037/10]
I can advise the Deputy that under existing employment rights legislation in Ireland there is no compulsory retirement age specified and hence, amendment of existing legislation does not arise.
Under the Employment Equality Acts 1998 to 2008, which aim to protect against discrimination in relation to access to employment on a number of grounds including age, it is permitted to include a specific retirement age in a contract of employment without being in breach of the age-discrimination provisions of the above-mentioned equality legislation. Matters relating to the Employment Equality Acts fall within the area of responsibility of my colleague, the Minister for Justice, Equality and Law Reform.
More generally in the context of employment rights legislation, I should point out that the upper age limit of 66 years for bringing claims under the Unfair Dismissals Acts 1977-2007 was removed in the Equality Act 2004. The effect of this is that a person, aged over 66 when dismissed, may take a case under the Unfair Dismissals Acts unless he/she has already reached the “ normal retiring age” for that particular employment, if one exists.
Additionally, the upper age limit of 66 years for receipt of statutory redundancy payments was removed by the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act, 2007.
103 Deputy Tom Hayes asked the Minister for Enterprise, Trade and Innovation when a redundancy payment will be awarded to a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [18080/10]
My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation.
I can confirm that my Department received a redundancy lump sum claim from the employee concerned on 1 January, 2010. The claim is awaiting processing. In respect of lump sum payments paid directly to employees, such as in this instance, the Section is, in general, processing claims dating from September 2009.
In instances such as this, where the employer does not formally wind the company up but goes into informal insolvency and is unable to pay the statutory redundancy entitlements, the Department seeks from the employer evidence of inability to pay the entitlements to the employees. This involves requesting a statement from the company's Accountant or Solicitor attesting to the inadequacy of assets to make the redundancy payments and, the latest set of financial accounts for the company. The employer is also asked to admit liability for the 40% liability attaching to the company arising from the redundancy payments. If this information is provided to the Department, the employees are paid their redundancy entitlement from the Social Insurance Fund. Upon payment, the Department pursues the company for the 40% share that the company would ordinarily have been expected to pay to the employees.
If the necessary supporting documentation required from the employer is not provided to my Department, the employee will be advised by my Department to take a case to the Employment Appeals Tribunal (EAT) against the employer to seek a determination establishing the employee's right and entitlement to redundancy. Once such a determination is available, the Department is then in a position to make the payment to the employee concerned. Should the outstanding documentation be provided by the employer during the period while the case is pending a hearing before the EAT, this would allow the claim to be processed by my Department in the usual way.
I should point out that the impact on business of the severe economic circumstances currently pertaining has resulted in an unprecedented increase in the level of Redundancy Payment claims lodged with my Department. This has impacted significantly on the capacity to maintain the customer service targets that previously obtained. The scale of the challenge on the Redundancy side is evident from the statistics that show incoming redundancy claims in 2009 amounted to 77,001 which represents a threefold increase over the level of claims lodged in 2007 and earlier years. In 2007, claims received were of the order of 25,000.
Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for Redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken in the Department in 2009 to alleviate the pressures on the Payments area include:
almost doubling the number of staff through reassignment to a current level of 52 full time equivalents;
prioritisation of the Department's overtime budget towards staff in the both Section to tackle the backlog outside normal hours;
establishment of a special call handling facility in NERA to deal with the huge volume of telephone calls from people and businesses concerned about their payments.
Better quality information relating to current processing times on the Department's website;
Engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities which those employers owe to the Revenue Commissioners.
The backlog and waiting times remain at unacceptable levels. However, improvements are evident. The number of claims processed and paid by the Redundancy Payments Section in 2009 amounted to 50,664, an increase of 70% over 2008. In the first quarter of 2010, my Department processed 21,122 claims — an increase of over 151% on the previous first quarter in 2009. Claims processed in the month of March 2010 was the highest ever achieved in the Section with 8,168 claims processed in the month. In the year to date, inroads have being made on the backlog of claims on hand, which reduced from 41,168 at the end January 2010 to 37,054 at the end of March 2010.
Responsibility for the payment of redundancy and insolvency payments is due to be transferred to the Department of Social Protection. The intention is to transfer by Government order, the payment functions arising under the Redundancy Payment and Insolvency Payment schemes. In transferring the functions between Departments, it is the intention that this will operate seamlessly and without any adverse impact on the service levels being experienced by individuals or the business community awaiting payment of redundancy claims.
104 Deputy Martin Ferris asked the Minister for Enterprise, Trade and Innovation when a person (details supplied) in County Kerry will receive their 60% reimbursement for redundancy payment. [18129/10]
My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation.
I can confirm that my Department received a statutory rebate claim in respect of the individual concerned on 7 February, 2009. Additional information in support of the claim was requested from the employer on 25 November, 2009 but no response to this request has, to date, been received by my Department. Upon receipt of the required information, and providing it is in order, the claim will be processed for payment immediately.
105 Deputy Willie Penrose asked the Minister for Enterprise, Trade and Innovation her views on the establishment of an appropriate task force for the purpose of securing additional jobs in respect of counties Carlow and Kilkenny; the plans FÁS has put in place in these counties to assist persons who have lost their jobs, and who, along with other unemployed persons are seeking opportunities of employment; and if he will make a statement on the matter. [18136/10]
The state development agencies under the auspices of my Department continue to promote Carlow and Kilkenny for investment and enterprise development.
Carlow and Kilkenny are being promoted by IDA Ireland as an integral part of the South East region. In line with the National Spatial Strategy, the agency is concentrating its efforts on the hub town of Kilkenny and the county town of Carlow. In addition to marketing these areas abroad for new inward investment, IDA continues to work with its existing client base to encourage them to transform their operations into higher value activities and to continue their commitment to Ireland.
Enterprise Ireland is keenly focused on supporting enterprises in Carlow and Kilkenny with the ultimate goal of export growth and subsequently sustainable employment. The agency, in recognising the significant changes in the current economy both in Ireland and globally, has prepared a new recovery strategy to identify the actions that will be undertaken to help clients in 2010. The agency has refocused its efforts on strengthening and sustaining companies of strategic importance through a range of initiatives focused on the needs of its client base.
The Carlow and Kilkenny County Enterprise Boards continue to provide support for small businesses in the start-up and expansion phases, through the provision of direct grant aid to businesses and project promoters and through the provision of important business supports such as mentoring and training. Business growth, job creation and job retention are inherent considerations in the activities of the Boards.
The State agencies and the Boards will continue to work together and with other stakeholders in relation to industrial development in Carlow and Kilkenny. Should any further co-ordination be required, the relevant County Development Boards would be the bodies that are best placed to undertake such a role. With the advent of regional structures such as the County Development Boards, the practice of establishing task forces has been largely discontinued.
Responsibility for FÁS has been transferred to the Department of Education and Skills.
106 Deputy Tom Hayes asked the Minister for Enterprise, Trade and Innovation when redundancy payment will issue to a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [18194/10]
My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation.
I can confirm that my Department received a redundancy lump sum claim from the employee concerned on 27 January, 2010.
In this instance, the employee took a case directly to the Employment Appeals Tribunal and was successful in obtaining a determination to redundancy entitlement and, on this basis, has now applied to my Department for payment of that entitlement. The Department must discharge its obligation to protect, to the greatest possible extent, payments made from the Social Insurance Fund (SIF) and minimise the impact on that Fund. In this regard, and to give the employer an opportunity to meet his obligation to make the redundancy payments to the employees as required in the first instance, my Department wrote to the employer in mid-April 2010 requesting payment of the redundancy entitlements. The letter outlines that if the employer is not in a position to pay the redundancy entitlements, documentary evidence of this (as outlined) should be submitted as well as acknowledgement of the debt owing to the SIF. At the time of writing to the employer, my Department wrote also to the employees affected requesting completion of a form verifying that payment of redundancy entitlements has not been made by the employer following the EAT determination.
My Department will review and follow up on this case after a reasonable period of time of 3 to 4 weeks has elapsed following the issue of the letters to the employer and the employees with a view to securing payment of the redundancy entitlements for the employees at the earliest possible date.
I should point out that the impact on business of the severe economic circumstances currently pertaining has resulted in an unprecedented increase in the level of Redundancy Payment claims lodged with my Department. This has impacted significantly on the capacity to maintain the customer service targets that previously obtained. The scale of the challenge on the Redundancy side is evident from the statistics that show incoming redundancy claims in 2009 amounted to 77,001 which represents a threefold increase over the level of claims lodged in 2007 and earlier years. In 2007, claims received were of the order of 25,000.
Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for Redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken in the Department in 2009 to alleviate the pressures on the Payments area include:
almost doubling the number of staff through reassignment to a current level of 52 full time equivalents;
prioritisation of the Department's overtime budget towards staff in the both Section to tackle the backlog outside normal hours;
establishment of a special call handling facility in NERA to deal with the huge volume of telephone calls from people and businesses concerned about their payments.
Better quality information relating to current processing times on the Department's website;
Engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against outstanding tax liabilities which those employers owe to the Revenue Commissioners.
The backlog and waiting times remain at unacceptable levels. However, improvements are evident. The number of claims processed and paid by the Redundancy Payments Section in 2009 amounted to 50,664, an increase of 70% over 2008. In the first quarter of 2010, my Department processed 21,122 claims — an increase of over 151% on the previous first quarter in 2009. Claims processed in the month of March 2010 was the highest ever achieved in the Section with 8,168 claims processed in the month. In the year to date, inroads have being made on the backlog of claims on hand, which reduced from 41,168 at the end January 2010 to 37,054 at the end of March 2010.
Responsibility for the payment of redundancy and insolvency payments is due to be transferred to the Department of Social Protection. The intention is to transfer by Government order, the payment functions arising under the Redundancy Payment and Insolvency Payment schemes. In transferring the functions between Departments, it is the intention that this will operate seamlessly and without any adverse impact on the service levels being experienced by individuals or the business community awaiting payment of redundancy claims.
107 Deputy Lucinda Creighton asked the Minister for Enterprise, Trade and Innovation the number of departmental staff, including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if he will make a statement on the matter. [18347/10]
The information requested by the Deputy is not held by my Department. However, I can confirm that none of my Ministerial appointees are in receipt of a Public Service pension. The Deputy should be aware that Public Service pension entitlements may be carried from one Public Service employment to the next provided the employer is a member of the Public Service Transfer Network. Pensions are generally not payable until retirement age. Where they are being paid prior to retirement age, they will likely be subject to a actuarial reduction except in the case of the Incentivised Scheme of Early Retirement which was available to Civil and Public Servants in 2009.
108 Deputy Kathleen Lynch asked the Minister for Enterprise, Trade and Innovation further to Parliamentary Question No. 51 of 25 February 2010 the reason a person (details supplied) has still not been awarded their redundancy payment; and if he will make a statement on the matter. [18373/10]
I am pleased to advise the Deputy that my Department has processed this lump sum redundancy claim on behalf of the individual concerned and that payment in this case issued on 30 April 2010.
109 Deputy Thomas Byrne asked the Minister for Finance his response to the affairs of a company (details supplied); his contact with the Financial Regulator and the Financial Services Authority in London regarding opening up of the UK market to the company; and his efforts to save the jobs in the company in counties Meath, Cavan and Dublin. [17639/10]
At the outset, the Deputy should note that in my role as the Minister for Finance I have responsibility for the development of the legal framework governing financial regulation. The day to day responsibility for the supervision of financial institutions is a matter for the Financial Regulator who is statutorily independent in the exercise of his regulatory functions.
As the Deputy will be aware, the company referred to in his question was placed in administration under the supervision of the High Court in order to help put its business on a sound commercial and financial footing and safeguard the interests of all policyholders.
The recent announcement by the Financial Regulator on the further re-opening of UK private motor insurance business is a welcome development in terms of its contribution to the longer-term viability of the company. The confirmation provided by the Government to the UK authorities that no policyholders including those in the UK — would be put at risk by the administration and if it was necessary the Minister for Finance would provide funds to support the administration through the insurance compensation fund helped facilitate this positive outcome.
Any proposals for the re-opening of other business lines in the UK are a matter for the administrators and need to be approved by the Financial Regulator in consultation with the UK Financial Services Authority.
Finally, in relation to the Administrator's restructuring plan, my colleague the Minister for Enterprise, Trade and Innovation has activated a coordinated emergency response with the relevant State job creation and training agencies.
110 Deputy Brian O’Shea asked the Minister for Finance the strategies he has in place to ensure that with more centralised and globalised purchasing of supplies and equipment,local suppliers here are not disadvantaged; and if he will make a statement on the matter. [18366/10]
The National Procurement Service (NPS) is cognisant of the needs of Small and Medium Enterprises and the fact that they are a very important part of the national economy. It is recognised also that public procurement can be an important source of business for SMEs.
It goes without saying that the NPS must adhere to the National and EU procurement Directives. However, before undertaking any major procurement project or entering a new procurement category, the NPS will undertake an examination of the market. The market review will establish the most effective approach to take.
Although the NPS views aggregation of requirements across the public sector as a significant contributor to delivering better value, the aggregation of demand is not suitable for all markets and categories. The NPS will make use of the optimum strategy for the particular market, and, where it is deemed appropriate and practical, the NPS will use framework agreements, or divide requirements into lots, when tendering for goods and services.
It is hoped that the standardisation of tender documents across the public service will make it easier for SMEs to meet the requirements of public bodies.
The NPS will support SMEs through its education and guidance strategies, assisting SMEs to understand what is required of them under the tendering procedures.
It will ensure also that the selection and award criteria do not unduly disadvantage SMEs, by using proportionate and appropriate selection and award criteria.
The NPS will support the procurement of quality goods and services in line with Government policy on sustainability, and will support innovation wherever possible.
The NPS is in the process of contracting for a new eTenders solution, which will encourage contracting authorities to advertise lower value contracts on the website, which it is hoped will provide further opportunities for SMEs.
111 Deputy Seán Sherlock asked the Minister for Finance if he plans to introduce a system of regulation for debt collection agencies; and if he will make a statement on the matter. [17601/10]
I, as Minister for Finance, have no statutory function in relation to the issue raised by the Deputy, which is a matter for the Department of Justice, Equality and Law Reform.
Under Section 11 of the Non-Fatal Offences Against the Person Act 1997, it is an offence to demand payment of a debt in a way designed to alarm, distress or humiliate. If someone is charged with this offence and it is tried as a summary offence the maximum penalty is €1,270 and/or 12 months imprisonment. If someone is charged with this offence and it is tried as an indictable offence, the maximum penalty is a fine and/or 14 years imprisonment.
The Deputy might wish to note that in the case of financial institutions which use debt collection firms, the Financial Regulator has imposed requirements, under its Consumer Protection Code, that offer protection to consumers. The Code obliges the regulated entities that it covers to ensure that any outsourced activity complies with the requirements of the Code. This means that outsourced activity should uphold principles in the Code such as the requirement for institutions:
Not to exert undue pressure or undue influence on a customer;
To act honestly, fairly and professionally in the best interests of customers and to act with due skill, care and diligence in the best interest of its customers; and
To prohibit personal visits or oral communications excepts in specified circumstances.
The Deputy may also wish to note that the Financial Regulator has provided extensive information to assist consumers at risk of not being able to meet loan repayments. In relation to mortgages the statutory Code of Practice on Mortgage Arrears, along with the commitments given by the banks aligned to the IBF, will provide significant respite for individuals and households that encounter financial difficulties. The Money Advice and Budgeting Service (MABS) also provides useful independent advice and guidance in these circumstances.
112 Deputy Leo Varadkar asked the Minister for Finance if he received any representations from a Commissioner (details supplied) on the period of 20-30 September 2008, inclusive, regarding the bank guarantee on Anglo Irish Bank and Irish Nationwide Building Society; the details of those representations; and if he will make a statement on the matter. [17615/10]
I received no representations from the Commissioner referred to during the period specified in the Deputy's question concerning the bank guarantee, Anglo Irish Bank or Irish Nationwide Building Society.
113 Deputy Leo Varadkar asked the Minister for Finance the reason he sanctioned a remuneration and pension package that allowed a person (details supplied) to retire at 55 years; and if he will make a statement on the matter. [17616/10]
I was approached by the Bank of Ireland in relation to the pay of Mr. Boucher and I sanctioned a salary for Mr Boucher as Group CEO which is substantially lower than that which he received as head of Retail Ireland. He now receives considerably less for undertaking a more onerous role.
The Bank of Ireland also indicated their intention to allow Mr. Boucher to retire at the age of 55. This was in line with practice in case of previous CEO's in the Bank. The calculation of the actuarial costs of the related pension benefits was a matter for the relevant pension funds actuaries and trustees, not for me as Minister.
My guiding objective in agreeing to Mr Boucher's package was that there would be a substantial reduction in remuneration relative to Mr Boucher's predecessor, reflecting my concern and public concern at remuneration levels and practices in the sector. I was also anxious to ensure that Bank of Ireland could source without undue delay a new CEO. Given the very unstable position of the banking sector at the time, it was not appropriate that any bank should continue with vacant leadership positions for any length of time.
As the Deputy is aware, Mr Boucher has issued a statement saying that he was sensitive to the current comment and debate about his pension arrangements and that he had decided to waive his option to retire on pension at age 55.
114 Deputy Finian McGrath asked the Minister for Finance if he will support the case of a person (details supplied). [17619/10]
I have been advised by the Revenue Commissioners that, having offered to mitigate the penalties and interest due, to an interest-only amount, they are not prepared to offer any further mitigation until they have reviewed all correspondence between the purchasers and the Law Society in this matter. This includes specific details of the purchasers' claim for compensation from the Law Society.
The Revenue Commissioners will consider further mitigation on the basis of this review and will be informed by their obligation to treat all taxpayers in a fair and consistent manner. Evidence in support of the claim was requested from the persons concerned on 25th February 2010.
115 Deputy Bernard J. Durkan asked the Minister for Finance if he plans to introduce any measures to alleviate the impact of carbon tax on the farming community in view of the losses incurred by this sector due to the inclement winter; and if he will make a statement on the matter. [17650/10]
I presume the Deputy is referring to the application of carbon tax to ‘agricultural diesel' which came into effect from 1 May. The carbon charge in this instance is approximately 4 cents per litre and I do not intend any compensatory measures.
A number of Government Departments, including my Department are exploring options for how best to offset the impact of the carbon tax on low-income households. A number of options are being explored including improving the energy efficiency of low-income households which will help offset increases in fuel prices arising from carbon taxation.
116 Deputy Joan Burton asked the Minister for Finance if he will set out the issues regarding the clawback of tax refunds given to a person in respect of investments in the Merlin premier film fund; the progress made to date with the appeal to the appeal commissioners; and if he will make a statement on the matter. [17660/10]
I am advised by the Revenue Commissioners that for reasons of taxpayer confidentiality it is not possible for me to comment on tax matters related to individual taxpayers or on specific investments by taxpayers. I am further advised that taxpayer confidentiality extends to appeals made by individuals to the Appeal Commissioners, and that such appeals are held in private.
117 Deputy Finian McGrath asked the Minister for Finance the number of deer knocked down by cars or other vehicles in the Phoenix Park, Dublin 7 in 2009. [17666/10]
10 deer were knocked down and killed by cars or other vehicles in the Phoenix Park in 2009.
118 Deputy Finian McGrath asked the Minister for Finance if he will support the case of a person (details supplied). [17672/10]
The Government has consistently kept itself at arms' length from the day to day running of banks which have been given State support including in personnel matters. While I appreciate that the individual concerned feels aggrieved, I do not consider it appropriate for me to intervene.
119 Deputy Fergus O’Dowd asked the Minister for Finance the details of any former Government office holder appointed by him in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if he will make a statement on the matter. [17698/10]
I have not had a trawl completed of every short-term committee, working group, etc. to which a former Minister, Minster of State or Attorney General might have been appointed over the past ten years. However, such appointments would be very rare.
However, a number of such appointments have recently been made in the context of Section 32 of the Credit Institutions (Financial Support) Act 2008. This section provides that, in order to promote the public interest, a covered institution shall, at the direction of the Minister, take all reasonable steps to appoint at least one but no more than two non-executive directors to its board from a panel approved by the Minister.
The following former office-holders were appointed, from a panel approved by the Minister, to the Boards by the covered institutions and received the following fees from those institutions:
|
Name |
Bank |
Fee paid in 2009 |
|
€ |
||
|
Joe Walsh |
Bank of Ireland |
80,000 |
|
Dick Spring |
Allied Irish Banks |
26,000 |
|
Ray MacSharry |
ILP |
69,000 |
Benefits, including travel costs are a matter for the board on which the director serves.
Alan Dukes' annual fee as Non executive director of Anglo-Irish Bank is €73,600. As chairman of 2 board committees he receives 2 further fees of €12,880 on top of his basic fee. Mr Dukes is chairman-designate of the Bank. While I have approved a fee of €250,000 for the role of Chairman, Mr Dukes has elected to receive a reduced fee of €150,000 on his appointment to that role, with the amount waived being more or less equivalent to his Dáil and Ministerial pension.
Mr Dukes has not been paid any expenses to date and is not entitled to any other benefits.
120 Deputy Ulick Burke asked the Minister for Finance if he will consider a re-location scheme for five persons, who have had their properties destroyed due to the November 2009 flooding and who have no remedy to prevent repeated flooding due to their location; his plans to have a special report on these cases to prevent the need for reoccurring compensation as these floods reoccur; and if he will make a statement on the matter. [17764/10]
As stated in previous responses, I have no plans to introduce a relocation scheme for persons affected by the flooding in November 2009.
121 Deputy Richard Bruton asked the Minister for Finance if he will extend the stamp duty relief for new entrants to farming to persons who hold degrees in agriculture rather than requiring such qualified persons to take up a level six course for which there is now a two-year waiting list. [17783/10]
The purchase of land by a Young Trained Farmer qualifies for an exemption from Stamp Duty. A Young Trained Farmer is someone who is under 35 years of age on the date of execution of the deed of transfer and has attained one of the necessary qualifications and, where required, is the holder of the appropriate certificate(s) awarded by the Further Education and Training Awards Council (FETAC) in respect of Teagasc approved training courses.
Qualifications for applying for relief from Stamp Duty in respect of transfers to Young Trained Farmers are set out in Schedules 2, 2A and 2B of the Stamp Duty Consolidation Act 1999. These lists include qualifications awarded by third-level institutions, not only the "level six" courses mentioned by the Deputy. If the individual holds one of these qualifications (and the appropriate FETAC certificate, where required) and is under 35 years of age s/he would be defined as a Young Trained Farmer and would therefore qualify for an exemption from Stamp Duty.
122 Deputy Arthur Morgan asked the Minister for Finance the arrears that will benefit from pensions funds foregone by former officeholders of the Houses of the Oireachtas; if it will be ring-fenced or if same will go to the general Exchequer; if these funds will be reclaimed by former officeholders in the future; and if he will make a statement on the matter. [17852/10]
The former office-holders who gift their pensions to the Minister for Finance do so for the general benefit of the Exchequer. Having made such a gift, the person agrees that the moneys will not be refunded at a later date.
I would like to take this opportunity to thank the members of the Oireachtas and the European Parliament and others who have made these generous gifts.
123 Deputy Jack Wall asked the Minister for Finance his views on correspondence (details supplied); if consideration will be given to address the concerns highlighted; if so, if this action will be taken by means of legislation; or if it is within his remit to deal with the matter through ministerial order; and if he will make a statement on the matter. [17897/10]
I have received the correspondence which deals with a number of matters in relation to the application of VAT to services provided by public bodies including local authorities.
I would like to point out in regard to deferring the implementation date of applying VAT on services provided by public bodies, that the European Court of Justice ruled, in the case C-544/07 against Ireland on 16 July 2009, that Ireland should amend its VAT legislation to provide that State and public bodies are in general subject to VAT. This case goes back to 2004 when infringement proceedings were taken by the European Commission against Ireland. Given the time that has passed since the Court's Judgement, and since the commencement of the case, it is imperative that the VAT implementation takes place as soon as possible.
1 July 2010 was chosen as the date of implementation of VAT in this regard in order to allow time to process the relevant legislation and for State and public bodies, including local authorities, to prepare for the change to their administrative systems. Indeed, since the Judgement issued the European Commission have corresponded with us on a number of occasions seeking updates on our progress as regards its implementation and we have informed them of the recent enactment of the Finance Act 2010. Consequently, in the circumstances any deferral of the implementation date is not at this stage realistically feasible.
Under the EU VAT Directive, treating local authorities and State bodies as not-for-profit organisations is not possible. The Directive provides distinct and separate regulation for not-for-profit bodies and State bodies, including local authorities. It is not possible to exempt from VAT any activity of a State body, including a local authority, or indeed any other business, simply because it is not making a profit.
The Revenue Commissioners are proceeding with implementing the new regime and liaising where possible with local authorities to ensure transition to the new VAT arrangements. While it is accepted that there may be initial teething problems, it is expected, as in the case of all tax legislation, that the State and public bodies comply with the new VAT rules from 1 July 2010.
124 Deputy Michael Noonan asked the Minister for Finance the plans he has to resolve the flooding problem from the River Shannon which occurs periodically at Castleconnell, County Limerick. [17898/10]
The Office of Public Works understands that Limerick County Council will shortly be submitting an application for funding for flood mitigation measures at the location referred to by the Deputy under the minor works scheme introduced by the OPW last year.
If an application is submitted, it will be considered in conjunction with other applications received from Local Authorities having regard to the overall availability of funding.
125 Deputy Joan Burton asked the Minister for Finance the terms of reference of all freedom of information requests processed by his Department since 1 January 2008. [17902/10]
The information requested has been compiled by my Department but because of the volume of material involved it will be passed to the Deputy in the next few days.
126 Deputy Andrew Doyle asked the Minister for Finance if the change in standard rate tax relief on nursing home fees has been implemented for 2010; if he will confirm this rate; and if he will make a statement on the matter. [17995/10]
The position is that health expenses relief is granted at the standard rate only, in respect of expenses incurred from 1 January 2009 except for nursing home expenses which continue to be granted at the marginal rate (up to 41%).
It should be noted that the Finance Act 2010 also allows relief at the marginal rate in respect of private contributions made towards the cost of the upkeep of an individual under the Fair Deal Scheme for nursing home care.
127 Deputy Joan Burton asked the Minister for Finance the number of audits carried out by Revenue Commissioner staff on Departments in the years, 2007, 2008, 2009 and to date in 2010 under each of the following headings: employer issues — PAYE-PRSI, value added tax, public service withholding tax, relevant contracts tax; if, in relation to the audits, he will provide an analysis of the results, including the amount of tax, interest and penalties collected; the number of audits in which incorrect operation was discovered but no assessment was entered; the number of audits in which operation was found in order; and if he will make a statement on the matter. [18014/10]
128 Deputy Joan Burton asked the Minister for Finance the number of unprompted voluntary disclosures made by Departments to the Revenue Commissioners in the years, 2007, 2008, 2009 and to date in 2010 under each of the following headings: employer issues — PAYE-PRSI, value added tax, public service withholding tax, relevant contracts tax; if, in relation to these unprompted voluntary disclosures, he will provide a summary of the tax, interest, and penalties collected; and if he will make a statement on the matter. [18015/10]
129 Deputy Joan Burton asked the Minister for Finance the number of audits carried out by Revenue Commissioner staff on units of the Health Service Executive and hospitals or other institutions funded by State in the years, 2007, 2008, 2009 and to date in 2010 under each of the following headings: employer issues — PAYE-PRSI, value added tax, public service withholding tax , relevant contracts tax; if, in relation to the audits, he will provide an analysis of the results, including the amount of tax, interest and penalties collected; the number of audits in which incorrect operation was discovered but no assessment was entered, the number of audits in which operation was found in order; and if he will make a statement on the matter. [18016/10]
130 Deputy Joan Burton asked the Minister for Finance the number of settlements made by the Revenue Commissioners under section 985B, Taxes Consolidation Act 1997 in the years, 2007, 2008 and 2009 with Departments, units of the Health Service Executive and hospitals or other institutions funded by the State; and if he will make a statement on the matter. [18017/10]
131 Deputy Joan Burton asked the Minister for Finance the number of audits carried out by Revenue Commissioner staff on non-commercial semi-State bodies in 2007, 2008, 2009 and to date in 2010 under each of the following headings: employer issues — PAYE-PRSI, value added tax, public service withholding tax, relevant contracts tax, if, in relation to the audits, he will provide an outline of their results; and if he will make a statement on the matter. [18018/10]
132 Deputy Joan Burton asked the Minister for Finance the number of unprompted voluntary disclosures made by non-commercial semi-State bodies to the Revenue Commissioners in the years, 2007, 2008, 2009 and to date in 2010 under each of the following headings: employer issues — PAYE-PRSI, value added tax, public service withholding tax, relevant contracts tax, if in relation to these unprompted voluntary disclosures, he will provide a summary of the tax, interest, and penalties collected; and if he will make a statement on the matter. [18019/10]
133 Deputy Joan Burton asked the Minister for Finance the number of settlements made by the Revenue Commissioners under section 985B, Taxes Consolidation Act 1997 in the years, 2007, 2008 and 2009 with non-commercial semi-State bodies; and if he will make a statement on the matter. [18020/10]
I propose to take Questions Nos. 127 to 133, inclusive, together.
I am advised by the Revenue Commissioners that information is not maintained in a manner that would enable replies to be provided to these questions in the level of detail sought by the Deputy.
The Revenue Commissioners maintain sectoral audit records on the basis of an internationally recognised 4 digit NACE Code system. NACE code classifications in tax records are compiled by reference to the primary area of economic activity reported by individual and corporate taxpayers on their own behalf. While the accuracy of the NACE codes on tax records is sufficient to underpin broad sector-based analyses there will undoubtedly be some inaccuracies at individual level. This should be borne in mind when considering the information provided as follows.
There is a very broad range of codes which might encompass the activities comprehended by the questions. Accordingly, the Commissioners have identified the following codes to be the most relevant to the Deputy's questions:
7511 — General (overall) public service activities;
7512 — Regulation of the activities of agencies that provide health care, education, cultural services and other social services, excluding social security.
8511 — Hospital activities
8514 — Other human health activities.
The first two codes cover many Government Departments as well as other Government Agencies.
Furthermore, the Commissioners have advised me that they have attempted to exclude obvious private sector bodies which are also included in those NACE Codes because of the activities they are engaged in. On that basis, the following information may be helpful:
|
Category |
2007 |
2008 |
2009 |
2010 (to March) |
|
Total Number of Audits |
36 |
26 |
9 |
4 |
|
Number yielding |
28 |
21 |
7 |
4 |
|
Tax* |
€3,601,000 |
€1,696,000 |
€99,000 |
€576,000 |
|
Interest |
€406,000 |
€140,000 |
€6,000 |
€91,000 |
|
Penalties |
€246,000 |
€82,000 |
€17,000 |
€168,000 |
|
Total Yield |
€4,253,000 |
€1,918,000 |
€122,000 |
€835,000 |
|
Number Nil yielding |
8 |
5 |
2 |
— |
*A breakdown on a tax head basis is not available without conducting an extensive investigation of the individual audit records of the cases.
Recoveries in relation to unprompted voluntary disclosures are not categorised separately and are therefore included with the overall audit results.
Settlements under Section 985B, Taxes Consolidation Act 1997 are not recorded separately.
Where material issues, giving rise to tax undercharges, arise in the course of an audit, tax, Revenue will pursue payments for interest and penalties. Where it is clear that a taxpayer has broadly done their best to ensure that the tax returns for the various taxes are accurate, adjustments are not made for small inaccuracies.
Revenue also informs me that, as well as audits, they carry out a range of assurance checks to supplement general audit activity. All such interventions are initiated with the intention of assuring Revenue, without recourse to a resource intensive audit or enforcement activity, that the customer is broadly compliant for the taxes and duties which are the subject of the intervention. Over 350,000 such checks were carried out in 2009 and would have included public bodies. Due to the volume of these assurance checks, they are not recorded by sector.
I have been advised by the Revenue Commissioners that, in accordance with their risk-based approach, cases are selected for intervention based on the presence of various risk indicators and other information available, with the aid of their computerised risk analysis system, REAP. The type of intervention to be undertaken is, in any particular case, the one considered to be the most appropriate to target the specific risk identified. In many cases this may lead to a single tax head, multi tax head or single-issue audit rather than a comprehensive audit.
As well as targeting individual cases on a risk basis, Revenue is continuing its policy of targeting evasion on a sectoral basis. Generally, audits or enquiries are initially carried out on a limited number of cases within a sector. On this basis, specific features or practices are examined to determine if tax evasion is evident. The results are extrapolated to the sector as a whole, and a decision taken as to the merits of extending the project.
I am satisfied that the Revenue Commissioners are pursuing a multi-faceted programme in managing compliance risks and are dealing in a determined way with tax evasion.
134 Deputy Joan Burton asked the Minister for Finance the number of taxpayers in 2008; the income and tax paid in each of the following income cohorts, broken down into public sector, private sector, non-PAYE, overall, €0 to €10,000, €10,000 to €20,000, €20,000 to €30,000, €30,000 to €40,000, €40,000 to €50,000, €50,000 to €60,000, €60,000 to €70,000, €70,000 to €80,000, €80,000 to €90,000, €90,000 to €100,000, €100,000 to €125,000, €125,000 to €150,000, €150,000 to €175,000, €175,000 to €200,000, €200,000 to €250,000, €250,000 to €500,000, €500,000 to €1 million, and more than €1 million; and if he will make a statement on the matter. [18021/10]
I am informed by the Revenue Commissioners that the latest relevant sector-based information available is derived from income tax returns filed for the income tax year 2007 and is set out in the following table. However, because of the Revenue Commissioners' obligation to observe confidentiality in relation to the taxation affairs of individual taxpayers and small groups of taxpayers, the breakdown by income bands requested by the Deputy is not provided in relation to incomes exceeding €500,000 due to the small numbers of income earners with incomes in excess of that level in one of the sectors in question.
|
Private Sector Employees |
Public Sector Employees |
Non-PAYE |
||||||||
|
Range of Gross Income |
Number of Cases |
Amount of Income |
Amount of Tax |
Number of Cases |
Amount of Income |
Amount of Tax |
Number of Cases |
Amount of Income |
Amount of Tax |
|
|
€ |
€ |
€ |
€ |
€ |
€ |
|||||
|
€0 |
€10,000 |
364,551 |
1,706,897,395 |
672,651 |
49,747 |
234,502,948 |
89,522 |
26,589 |
152,741,596 |
1,838,156 |
|
€10,000 |
€20,000 |
328,581 |
4,976,194,648 |
21,546,692 |
64,116 |
960,219,828 |
2,742,617 |
51,268 |
780,917,761 |
16,828,248 |
|
€20,000 |
€30,000 |
309,414 |
7,647,975,645 |
311,580,709 |
69,766 |
1,749,122,498 |
59,425,420 |
58,225 |
1,454,561,059 |
54,736,846 |
|
€30,000 |
€40,000 |
193,622 |
6,689,209,577 |
513,203,695 |
69,954 |
2,456,795,705 |
193,330,953 |
56,906 |
1,986,143,546 |
117,561,704 |
|
€40,000 |
€50,000 |
112,318 |
5,006,325,083 |
578,814,545 |
55,586 |
2,478,337,073 |
318,793,585 |
46,205 |
2,071,570,215 |
174,966,322 |
|
€50,000 |
€60,000 |
68,711 |
3,754,001,076 |
532,300,354 |
34,562 |
1,887,419,592 |
302,479,138 |
37,452 |
2,053,983,050 |
222,385,707 |
|
€60,000 |
€70,000 |
45,221 |
2,924,061,734 |
466,681,589 |
22,555 |
1,458,393,698 |
256,634,470 |
31,874 |
2,070,237,461 |
262,988,627 |
|
€70,000 |
€80,000 |
29,602 |
2,210,463,260 |
398,576,812 |
15,635 |
1,168,118,077 |
218,447,610 |
24,705 |
1,847,196,906 |
266,430,992 |
|
€80,000 |
€90,000 |
19,289 |
1,632,267,370 |
327,792,207 |
10,379 |
878,466,618 |
171,747,083 |
19,165 |
1,625,101,172 |
263,330,323 |
|
€90,000 |
€100,000 |
12,823 |
1,213,764,933 |
263,781,090 |
7,045 |
667,256,112 |
137,722,555 |
14,396 |
1,365,041,524 |
240,758,319 |
|
€100,000 |
€125,000 |
16,641 |
1,839,970,873 |
444,506,752 |
9,303 |
1,029,278,644 |
232,321,626 |
23,125 |
2,572,041,412 |
505,582,774 |
|
€125,000 |
€150,000 |
6,967 |
947,032,893 |
255,338,557 |
3,910 |
529,166,851 |
135,753,256 |
13,052 |
1,780,417,550 |
392,052,495 |
|
€150,000 |
€175,000 |
3,305 |
532,222,993 |
154,314,417 |
1,261 |
201,742,221 |
56,886,167 |
7,986 |
1,291,102,327 |
302,692,979 |
|
€175,000 |
€200,000 |
1,733 |
322,999,998 |
98,932,461 |
452 |
84,036,090 |
25,311,065 |
5,317 |
992,635,811 |
242,672,329 |
|
€200,000 |
€250,000 |
1,492 |
329,438,536 |
106,501,449 |
272 |
59,318,853 |
18,603,922 |
6,650 |
1,483,315,042 |
372,448,599 |
|
€250,000 |
€500,000 |
1,222 |
383,238,822 |
134,267,931 |
73 |
20,919,896 |
7,009,213 |
10,343 |
3,489,497,953 |
924,329,818 |
|
Over |
€500,000 |
156 |
184,132,628 |
72,849,691 |
7 |
8,713,811 |
3,471,348 |
4,327 |
4,695,136,948 |
1,272,431,174 |
|
1,515,648 |
42,300,197,463 |
4,681,661,600 |
414,623 |
15,871,808,515 |
2,140,769,551 |
437,585 |
31,711,641,335 |
5,634,035,409 |
The sector identifier used on the tax records is based on the 4-digit NACE code (Rev. 1), which is an internationally recognised economic activity code system. The information provided in relation to Public Sector employees is based on activities which are classified in the NACE code system as Public Administration and Defence; compulsory Social Security, Education and Health and Social work but excluding the categories of Driving School Activities, Dental Practice Activities and Veterinary Activities as being more appropriate to the Private Sector.
A married couple, which has elected or has been deemed to have elected for joint assessment, is counted as one tax unit.
The source of the information provided in relation to numbers, incomes and tax attributed for both the Public and Private Sectors are derived from the P35 end year returns filed by employers in respect of their employees, but does not include the corresponding figures relating to PAYE taxpayers who are required to return an income tax return form 11 where non-PAYE income is greater than €3,174. The relevant information on these income earners is included in the figures provided for non-PAYE.
135 Deputy Joan Burton asked the Minister for Finance the current balance in the National Pensions Reserve Fund; if he will provide a breakdown of this balance by asset class, including the balance of cash and near cash assets; and if he will make a statement on the matter. [18023/10]
The National Pensions Reserve Fund was established on 2 April 2001 under the National Pensions Reserve Fund Act 2000 with the objective of meeting as much as possible of the cost to the Exchequer of social welfare pensions and public service pensions to be paid from the year 2025 until at least 2055. The National Pensions Reserve Fund Commission — who control and manage the Fund — publish a report on the performance of the NPRF at the end of each quarter on the Commission's website www.nprf.ie/home.html. The most recent such report, to 31 March 2010, valued the Fund at €24.5 billion.
Of that amount, the Fund held investments worth €7.295 billion, or 29.8% of the value of the Fund, in Allied Irish Bank and Bank of Ireland at the direction of the Minister for Finance. The composition of the remainder of the Fund, which the NPRF Commission refers to as its discretionary portfolio, was as follows:
|
€m |
% of Total Fund |
|
|
Large Cap Equity |
7,895 |
32.3 |
|
Small Cap Equity |
852 |
3.5 |
|
Emerging Markets Equity |
842 |
3.4 |
|
Private Equity |
673 |
2.8 |
|
Property |
451 |
1.8 |
|
Commodities |
165 |
0.7 |
|
Bonds |
1,330 |
5.4 |
|
Currency & Asset Allocation Funds |
194 |
0.8 |
|
Cash |
3,729 |
15.3 |
|
Assets transferred from University Pension Funds |
1,026 |
4.2 |
136 Deputy Billy Timmins asked the Minister for Finance the number of personnel employed by the National Asset Management Agency and a breakdown of the positions they hold and the salaries they are awarded; and if he will make a statement on the matter. [18078/10]
I am informed by NAMA that as of 30 April 2010, NAMA had 23 permanent members of staff. The majority comprise portfolio management (nine) and legal staff (five). Each of the staff concerned are employed under individual contracts with the National Treasury Management Agency (NTMA) and, as with all NTMA staff contracts, such arrangements are confidential.
137 Deputy Pat Breen asked the Minister for Finance further to Parliamentary Question No. 239 of 7 October 2009, if he will abolish the €10 air travel tax in view of the recent volcanic ash crisis and the losses incurred by Irish airlines as a result of same; and if he will make a statement on the matter. [18085/10]
I have no plans to abolish the air travel tax. The air travel tax was one of a number of Budgetary measures introduced recently that was necessary in the context of an overall response to the fiscal challenges we face. I have stated before that the impact of the tax on passenger numbers is being overstated.
138 Deputy Andrew Doyle asked the Minister for Finance the measures he plans to implement to offset the cost of the carbon tax on public transport vehicles; and if he will make a statement on the matter. [18086/10]
I have no plans to offset the cost of the carbon tax on public transport vehicles.
The carbon tax does not differentiate between private and public transport per se, however, the impact on public transport will be far less than on private transport by virtue of the fact that the higher cost of fuel is dispersed amongst more people, for example, using a bus compared to an individual in a car. Consequently, the carbon tax will be proportionately less for users of public transport which should be an incentive for its use. In addition, the carbon tax provides an incentive for both private motorists and providers of public transport to invest in fuel efficient cars and buses when they are making future purchasing decisions.
139 Deputy Andrew Doyle asked the Minister for Finance the reason for increasing the carbon tax on farm diesel to a level that is nearly double the rate of diesel for road users; and if he will make a statement on the matter. [18091/10]
I announced in Budget 2010 that a carbon tax at a rate of €15 per tonne was being introduced on fossil fuels. The tax was applied to petrol and auto-diesel with effect from midnight, 9 December 2009; and was applied from 1 May 2010 to kerosene, marked gas oil (also known as ‘green diesel' or ‘agricultural diesel'), liquid petroleum gas (LPG), fuel oil and natural gas. The application of the tax to coal and commercial peat is subject to a Commencement Order. The Budget announcements on the carbon tax have now been enacted into legislation through the Finance Act 2010.
The new carbon charge is based on the emissions that arise from the fuel used. Consequently the carbon tax charge in respect of marked gas oil and auto-diesel (which are almost identical fuels) is around the same i.e. 4.1 cents and 3.9 cents per litre respectively (excluding VAT). The carbon tax charge is marginally higher for marked gas oil because it is a slightly denser fuel with slightly higher emissions than auto-diesel.
While the percentage increase in the price of marked gas oil arising from the introduction of the carbon tax is higher than in the case of auto-diesel, this is a function primarily of the fact that marked gas oil has a lower base price due to the considerably lower level of excise duty on that product compared to auto-diesel.
140 Deputy Michael Creed asked the Minister for Finance if persons (details supplied) in County Cork are entitled to mortgage relief arising from a top up of their mortgage for house improvements; and if he will make a statement on the matter. [18111/10]
This is a matter for the Revenue Commissioners who are responsible for the administration of mortgage interest relief through the tax relief at source (TRS) system. I am advised by Revenue that following direct contact with the persons concerned, Revenue is satisfied that there is an entitlement to relief for the current year and up to 2017. Arrangements have been made for payment of the relief through the TRS system. In addition, relief due for the months to date in 2010, when relief was not paid, will be included as part of the payment arrangements now activated by the Revenue Commissioners.
141 Deputy Andrew Doyle asked the Minister for Finance the estimate of funds invested in derivative financial instruments being transferred over to the National Asset Management Agency that are recoverable; and if he will make a statement on the matter. [18114/10]
I am informed by NAMA that many of the loans being transferred to the National Asset Management Agency have derivative transactions (mainly interest rate swaps) attached to them. The estimated notional amounts involved aggregate to about €14 billion. These transactions are valued on a case-by-case basis and individual valuations are added to or deducted from the valuations of the loans to which they are attached. Where derivative transactions are not adequately secured, no consideration will be paid to the participating institution involved.
142 Deputy Seán Power asked the Minister for Finance the number of people employed in the public service each year since 2004 and to date in 2010: the total employment costs for each of those years; and if he will make a statement on the matter. [18138/10]
The Public Service numbers reported to my Department for the period 2004 to 2009 are set out in the following table 1. The Public Service numbers for the end of the first quarter this year are currently being compiled, but the projected numbers for end-2010 are included for information.
|
2004 |
2005 |
2006 |
2007 |
2008 |
2009 |
2010 (p) |
|
|
Public Service Numbers (at end year) |
284,788 |
292,129 |
304,512 |
312,131 |
319,092 |
310,658 |
309,549 |
*Note that the above figures are on a whole-time equivalent basis, and there may be minor discontinuities in the series reflecting methodological changes and updated information regarding numbers in particular sectors.
The Gross Exchequer Pay Outturn from 2004 to 2009, as well as the allocation for 2010, is set out in the following table 2. It should be noted that the Exchequer Pay Outturn is not directly related to the Public Service numbers outlined above because the staff numbers include public servants whose pay is not in all cases funded directly by the Exchequer. The largest category of these is Local Authority employees but there are also staff in some Non-Commercial Semi-State Bodies whose pay is funded from the own resources of these bodies. Information on Local Authority pay costs, as provided by the Department of the Environment, Heritage & Local Government, is presented below to the extent that it is available.
|
2004 |
2005 |
2006 |
2007 |
2008 |
2009 |
2010 |
|
|
Gross Public Service Exchequer Pay Bill (€m) |
12,768 |
14,114 |
15,367 |
16,620 |
17,190 |
17,376* |
16,045** |
|
Local Authority Salaries and Wages (€m) |
1,409 |
1,505 |
1,537 |
1,648 |
1,746 |
— |
— |
*Provisional Outturn.
**REV allocation.
143 Deputy Paul Connaughton asked the Minister for Finance the proposals the Office of Public Works has for the alleviation of potential flooding to the property of persons (details supplied) in County Galway who were flooded at the end of 2009; and if he will make a statement on the matter. [18165/10]
The Office of Public Works appointed consultants in March this year to carry out a focused study on the Clare and Abbert Rivers to identify measures to mitigate flood risk to properties in the area, including the properties referred to by the Deputy. The results of this study are expected to be available in June. Any works that are deemed appropriate to implement the measures identified by the study will be undertaken, in conjunction with the scheduled maintenance of Arterial Drainage channels in the area, subject to agreement with the local authority, landowners and the environmental stakeholders.
144 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the list of all sitting Members who have been in receipt of ministerial pensions since 2002; the amounts received by each former Minister from the date when they ceased to be a Minister through to 2010. [18171/10]
The information required by the Deputy can be obtained from Statement 1.4 of the Finance Accounts for the years in question. The latest published accounts are for the year 2008. The details as requested are set out in the following table.
|
Name |
2002 Gross Pay |
2003 Gross Pay |
2004 Gross Pay |
2005 Gross Pay |
2006 Gross Pay |
2007 Gross Pay |
2008 Gross Pay |
2009 Gross Pay |
2010 (to 29 April incl) Gross Pay |
|
|
Bertie Ahern |
14,923 |
98,901 |
28,780 |
|||||||
|
Bernard Allen |
4,455 |
4,578 |
4,940 |
5,051 |
5,518 |
5,816 |
6,020 |
5,485 |
1,596 |
|
|
Sean Barrett |
23,730 |
26,004 |
28,056 |
28,686 |
31,339 |
30,469 |
54,033 |
28,667 |
8,244 |
|
|
John Browne |
4,242 |
|||||||||
|
Richard Bruton |
20,399 |
12,194 |
13,321 |
14,041 |
14,534 |
13,242 |
3,853 |
|||
|
Joan Burton |
8,794 |
6,445 |
6,954 |
7,110 |
7,768 |
8,187 |
8,474 |
1,646 |
||
|
Paul Connaughton |
13,074 |
13,433 |
14,493 |
14,818 |
16,189 |
17,064 |
17,662 |
16,092 |
4,683 |
|
|
Jimmy Deenihan |
3,798 |
4,579 |
4,940 |
5,051 |
5,518 |
5,816 |
6,020 |
1,655 |
||
|
Bernard Durkan |
4,455 |
4,579 |
4,940 |
5,051 |
5,518 |
5,816 |
6,020 |
5,483 |
1,595 |
|
|
Frank Fahey |
14,433 |
47,874 |
37,205 |
10,827 |
||||||
|
Pat (The Cope) Gallagher |
8,551 |
566 |
16,372 |
23,634 |
Ceased 13 May 2008 |
|||||
|
Eamon Gilmore |
3,503 |
5,514 |
5,812 |
6,016 |
1,169 |
|||||
|
Michael D. Higgins |
14,358 |
14,807 |
15,975 |
16,334 |
17,844 |
18,808 |
19,468 |
17,738 |
5,162 |
|
|
Enda Kenny |
11,405 |
11,764 |
12,692 |
12,977 |
14,177 |
14,943 |
15,467 |
9,081 |
||
|
Seamus Kirk |
14,434 |
14,830 |
16,000 |
16,359 |
17,872 |
18,837 |
19,498 |
14,319 |
Ceased 13 October 2009 |
|
|
James McDaid |
10,921 |
23,844 |
24,681 |
22,487 |
6,544 |
|||||
|
Liz McManus |
4,455 |
4,578 |
4,940 |
5,051 |
5,518 |
5,816 |
6,020 |
2,115 |
||
|
Michael Noonan |
32,334 |
33,344 |
35,975 |
36,782 |
40,184 |
42,355 |
43,842 |
39,944 |
11,623 |
|
|
Rory O’Hanlon |
44,136 |
82,355 |
7,668 |
|||||||
|
Jim O’Keeffe |
14,438 |
14,834 |
16,005 |
16,364 |
17,877 |
18,843 |
19,504 |
17,770 |
5,171 |
|
|
Edward O’Keeffe |
5,493 |
6,134 |
6,271 |
6,851 |
7,221 |
7,474 |
6,810 |
1,982 |
||
|
Mary O’Rourke |
22,213 |
42,214 |
45,545 |
46,566 |
50,873 |
53,622 |
55,504 |
30,584 |
||
|
Brian O’Shea |
6,269 |
6,441 |
6,950 |
7,106 |
7,763 |
8,182 |
8,469 |
7,716 |
2,245 |
|
|
Ruairi Quinn |
30,884 |
34,773 |
37,517 |
38,358 |
41,906 |
44,170 |
50,449 |
41,657 |
12,122 |
|
|
Pat Rabbitte |
4,468 |
4,591 |
4,953 |
5,065 |
5,533 |
5,832 |
6,036 |
4,255 |
||
|
Emmet Stagg |
6,269 |
6,441 |
6,950 |
7,106 |
7,763 |
8,182 |
8,469 |
7,716 |
2,245 |
|
|
Noel Treacy |
40,212 |
24,007 |
6,986 |
|||||||
|
Michael Woods |
8,372 |
35,355 |
109,190 |
33,343 |
9,703 |
145 Deputy Seán Barrett asked the Minister for Finance if the Finance Bill 2010 will be amended to exclude services supplied by local authorities from the VAT code; the reason local authorities are considered to be for-profit organisations and, therefore, liable for VAT; the reason unprofitable leisure services provided by local authorities are subject to the imposition of VAT while leisure activities provided by sports clubs or schools are not liable for VAT; and if he will make a statement on the matter. [18179/10]
On 16 July 2009 the European Court of Justice ruled in case C-544/07 against Ireland, that Ireland should amend its VAT legislation to provide that services provided by State and public bodies, including local authorities, are in general subject to VAT. The Finance Act 2010 provided that such services will become taxable from 1 July 2010.
With regard to the definition of not-for-profit activity under VAT legislation, under the EU VAT Directive, treating local authorities and State bodies as not-for-profit organisations is not possible. The Directive provides distinct and separate regulation for not-for-profit bodies and State bodies, including local authorities. It is not possible to exempt from VAT any activity of a State body, including a local authority, or indeed any other business, simply because it is not making a profit.
Nonetheless, provision was made in the Finance Act that VAT on the supply of sports and community-type facilities by public bodies will come into effect not on 1 July but by Ministerial order. This will allow for a more complete examination of the issues, including an analysis of how the new rules might best be implemented. In practical terms this means that, for the present, the supply by local authorities of football pitches, swimming pools, halls etc to local clubs and societies will not be subject to VAT.
146 Deputy Alan Shatter asked the Minister for Finance his plans to introduce amending legislation regarding probate values given to homes in the 2006 and 2007 period which are grossly unrealistic and over-valued and which have, since the furnishing of such valuations, proved impossible to sell at the valuation price to the detriment of testamentary beneficiaries who have been fixed with inheritance tax liabilities which they are incapable of discharging based on the unrealistic values; if he will make provision for inheritance tax to be charged on the basis of the price obtained from the sale of such property where such property is sold within seven years of the grant of probate for a sum below the probate valuation; and if he will make a statement on the matter. [18182/10]
In a falling property market, a person who inherits a property on a particular date which has a certain value may not be able to subsequently realise that value on the open market. The opposite is true in a rising property market — properties may sell for amounts in excess of their probate value. In these situations, the person inheriting the property benefits from a rising property market and the tax system never sought to secure this benefit which arose from the rising property market. It follows, therefore, that the tax system cannot seek to address the problems created by a falling property market.
I do not agree with the Deputy's description that the values given to the properties when applying for probate were "unrealistic" — the values would have been based on similar properties changing hands for those prices at that time. If the valuations now appear to be out of kilter with prevailing prices, this reflects the passage of time since probate and market conditions, rather than the use of "unrealistic values".
It should also be noted that Capital Acquisitions Tax (CAT), which includes gift tax and inheritance tax, is charged on the amount of a gift/inheritance above a tax- free threshold. The thresholds are broken into three Groups, A, B and C, based on the relationship between the disponer (the person making the gift or inheritance) and the donee or successor. For the years in question, 2006 and 2007 the tax-free thresholds are as set as follows:
|
Group A Son/Daughter |
Group B Parent/Brother/Sister/ Niece/Nephew/Grandchild |
Group C Relationship other thanA or B |
|
|
€ |
€ |
€ |
|
|
2006 |
478,155 |
47,815 |
23,908 |
|
2007 |
496,824 |
49,682 |
24,841 |
CAT is paid on the asset amount in excess of the threshold. The tax rate for 2006 and 2007 was 20% in comparison with the current rate of 25%. In addition, the tax-free thresholds in 2006 and 2007 were more generous than the current levels which are: Group A €414,799; Group B €41,481; Group C €20,740.
If a child had inherited a property worth €500,000 from a parent in 2007, her/his CAT liability (assuming no other prior gifts or inheritances from parents) was €635.20, 20% of the amount above the then Group A threshold (€500,000 minus €496,824 equals €3,176; CAT due at 20% equals €635.20). A person receiving a similar inheritance today would have a CAT liability of €21,300 (i.e. €500,000 — €414,799 = €85,201 @ 25%) — this is €20,664.80 higher than the €635.20 due in respect of a €500,000 inheritance in 2006/07.
Even taking account of property values over the 2006 — 07 period, the Group A thresholds were higher for those years than average house values. Also, where two or more children jointly inherit a property, each one is entitled to the full tax-free threshold.
I am advised by the Revenue Commissioners that taxpayers in difficulty should communicate with their local Revenue office to see what accommodation might be made within the present legislative framework. On its website, Revenue has published the steps it is able to take to assist taxpayers in the present economic circumstances. The CAT Consolidation Act makes provision for payment of tax by instalment and for postponement, remission or compounding of tax in cases of hardship. The Deputy may also be aware that beneficiaries who have inherited the property in which they reside can qualify for dwelling house relief from CAT.
I do not propose to change the position that the CAT liability is determined by the value of inherited or gifted property on the valuation date. However, in common with all taxation matters, it will be considered in the context of the annual Budget and Finance Bill.
147 Deputy Seán Barrett asked the Minister for Finance if he will consider amending the Finance Bill 2010 to list the sale of affordable housing and operation of the shared ownership scheme as non-taxable services; and if he will make a statement on the matter. [18187/10]
I would point out that the European Court of Justice ruled, in the case C-544/07 against Ireland on 16 July 2009, that Ireland should amend its VAT legislation to provide that services provided by State and public bodies are in general subject to VAT. The Finance Act 2010 provided that the services of public bodies, including local authorities, would become subject to VAT from 1 July 2010.
The shared ownership scheme, as a financial service, would be exempt from VAT.
In relation to whether the sale of affordable housing operated by local authorities should become subject to VAT, I would point out that the ECJ Judgement, and the EU VAT Directive, provide that services supplied by State bodies in the case of their regulatory capacity as a public authority would remain outside the scope of VAT to the extent that their treatment as non-taxable would not lead to a distortion of competition. The supply of affordable housing would be considered a regulatory function of local authorities in this regard, however, the extent to which those services are in competition with private developers is currently being considered.
I would also like to draw to your attention that where a service is made subject to VAT, the provider of the service is entitled to claim VAT on inputs in the provision of that service, where the VAT on inputs arise after the date the service is made subject to VAT.
148 Deputy Thomas Byrne asked the Minister for Finance if there is an exemption for stamp duty on bank credit and debit cards or bank cards for old age pensioners; and if he will make a statement on the matter. [18200/10]
Stamp Duty on cheques, bills of exchange and promissory notes has existed for many years and when electronic means of money transfer such as credit cards, debit cards and ATM cards were introduced, it was gradually extended to those products. The Stamp Duty on the various bank cards subject to a stamp duty charge is a charge payable by banks. The relevant legislation provides that a bank is entitled to charge the amount of the Stamp Duty to the relevant account-holder.
The Stamp Duty on credit cards, debit cards and ATM cards arises irrespective of the personal circumstances of an individual. If a Stamp Duty exemption was introduced for one group of people, such as senior citizens, there would be demands for similar treatment for others. I have no plans at this time to introduce exemptions from Stamp Duty for any category of individual.
149 Deputy Lucinda Creighton asked the Minister for Finance the number of Departmental staff, including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if he will make a statement on the matter. [18349/10]
I understand the Deputy to refer to the full or part time employment of retired public servants as part of the staffing of the Department, including political staff and special advisors. Records of past employments of new recruits are not captured in such a way as to provide a dedicated basis for compiling the information requested by the deputy. Accordingly, the specific information requested is not available.
Retired public servants are, however, engaged by the Department from time to time for specific tasks or projects. Such engagements are normally remunerated on a fee basis (provision exists for fees to be abated, where appropriate, by reference to pension payments) but in some cases, indeed, retired public servants have provided their services without any additional remuneration.
150 Deputy Brian Hayes asked the Minister for Health and Children if her attention has been drawn to the fact that a school (details supplied) in County Waterford has been without a speech and language therapist, in view of the fact that the regular member of staff is on leave and has been since May 2009; when this service will resume in view of the fact that the school caters for mild general learning disabilities and is dependant upon the services of a speech and language therapist; and if she will make a statement on the matter. [17771/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
151 Deputy Olivia Mitchell asked the Minister for Health and Children if she will ensure that a person (details supplied) in Dublin 14 will be given an appointment for a hip replacement; and if she will make a statement on the matter. [17587/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
152 Deputy Liz McManus asked the Minister for Health and Children the number of persons waiting for physiotherapy at the Health Service Executive centre in Bray, County Wicklow; the longest length of time that any one person is waiting; and if she will make a statement on the matter. [17592/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive, it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
153 Deputy Pádraic McCormack asked the Minister for Health and Children if she will make funds available to the Health Service Executive west for the replacement of retiring staff at a nursing home (details supplied) in County Galway at which the bed numbers have been reduced to 28 beds when there is a maximum capacity for 38 beds as a result of staff not being replaced; if her attention has been drawn to the excellent service which this nursing home has given to the care of elderly people from Galway city and surrounding areas over the past 30 years; and if she will make a statement on the matter. [17597/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive, it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
154 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [17620/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
155 Deputy Mary Upton asked the Minister for Health and Children if she will address the concerns of a person (details supplied) in relation to the proposed location of the national children’s hospital; and if she will make a statement on the matter. [17659/10]
I note the points made in the correspondence supplied by the Deputy. However, I am satisfied that the proposed location for the National Children's Hospital is the correct one, having regard to the full range of expert advice available.
A joint HSE/Department of Health and Children Task Force was established in February 2006 following the presentation of the report Children’s Health First-International best practice in tertiary paediatric services: implications for the strategic organisation of tertiary paediatric services in Ireland to advise on the optimum location of the proposed new paediatric hospital. The Task Group also included representation from the Office of Public Works.
The Task Group considered submissions from a number of hospitals in the greater Dublin area, from private hospitals and other stakeholders and engaged in extensive consultations with the three existing paediatric hospitals, the maternity hospitals and external experts.
The Task Group commissioned RKW to prepare a High Level Framework Brief which includes a detailed assessment of the capacity of the Mater Hospital site to accommodate the space requirements of the National Children's Hospital.. The Brief indicates that all requirements can be accommodated on the site and still allow expansion beyond the year 2021.
I note the points made to the Deputy regarding the case for locating the hospital on a site close to the M50 motorway, with links to the rest of the country. However, a key conclusion of the expert advice provided was that the new facility should be located on the site of an adult acute hospital in order to have appropriate links with related services.
The location of the new children's hospital was selected prior to the decision on the precise route of the Metro North line. However, the subsequent decision to proceed with the Metro North project and to locate a Metro stop at the Mater campus with an entrance / exit to Eccles Street will assist with access to the new children's hospital.
I am pleased to note that planning of the new hospital is proceeding on schedule, and that the National Paediatric Hospital Development Board and the HSE are making very good progress in their work to bring this important project to fruition. The Hospital is on target to open by the end of 2014.
156 Deputy Denis Naughten asked the Minister for Health and Children when she plans to make a decision on the report of the vaccine damage steering group; when this report was circulated to persons who made submissions to the group; and if she will make a statement on the matter. [17688/10]
The report of the Vaccine Damage Steering Group is available to everyone on my Department's website (www.dohc.ie). My Department is currently examining the report in detail and expects to have proposals for my consideration later this year.
157 Deputy Fergus O’Dowd asked the Minister for Health and Children the details of any former Government office holder appointed by her in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if she will make a statement on the matter. [17700/10]
The information relating to the agencies that come under the aegis of my Department is currently being collected and will be forwarded to the Deputy as soon as it is available. Section WRG follows.
158 Deputy Maureen O’Sullivan asked the Minister for Health and Children if she will commit to a national gambling impact study as conducted in many countries; the steps that are in motion regarding public awareness of gambling addiction in view of the spread of Internet gambling; and if she will make a statement on the matter. [17717/10]
My Department does not have any plans at present to undertake an impact study on gambling or to engage in a public awareness campaign on gambling addiction.
159 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 3. [17739/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
160 Deputy Olwyn Enright asked the Minister for Health and Children when a person (details supplied) in County Offaly will receive an appointment at the Eye and Ear Hospital, Dublin 2; and if she will make a statement on the matter. [17753/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
161 Deputy Mary Upton asked the Minister for Health and Children the services and facilities that are available to support autistic children; if respite care is available on a regular basis in respect of autistic children; the residential facilities that are available for autistic children here; the locations at which these facilities are located; and if she will make a statement on the matter. [17756/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
162 Deputy Terence Flanagan asked the Minister for Health and Children her views on a matter (details supplied); and if she will make a statement on the matter. [17757/10]
Under the Medicinal Products (Control of Placing on the Market) Regulations 2007 a medicinal product shall not be sold unless the particulars appearing on the outer packaging and on the accompanying package leaflet appear in the official language or languages of the Member State where the product is placed on the market.
It is not possible to comment further on the basis of the information supplied. If the Deputy wishes to let me have more information, in particular, the name of the drug and the name of the pharmacy where it was dispensed, I will arrange to have inquiries made about the matter.
163 Deputy Tom Sheahan asked the Minister for Health and Children if she will take a compassionate view into the case of persons (details supplied) in County Kerry; if she will provide funding for this family as a matter of urgency; if she will not forward this request to the Heath Service Executive in view of the fact that time is of the essence; and if she will make a statement on the matter. [17758/10]
I am aware of this case and my office is in touch with the family and the HSE.
164 Deputy Finian McGrath asked the Minister for Health and Children if she will support an association (details supplied). [17797/10]
I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. However, if this matter remains of continuing concern to you, I would invite you to raise it with me again in due course.
165 Deputy Olivia Mitchell asked the Minister for Health and Children if she will provide structured occupational therapy and or speech and language therapy for the pupils of the school (details supplied) in Dublin 6; and if she will make a statement on the matter. [17820/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
166 Deputy Olivia Mitchell asked the Minister for Health and Children if she will respond to a request by an association (details supplied) for a meeting to discuss its funding and services; and if she will make a statement on the matter. [17821/10]
188 Deputy Brendan Howlin asked the Minister for Health and Children if she has received a request to meet with the chief executive officer of an association (details supplied) to discuss issues of concern; if she will accede to this request; and if she will make a statement on the matter. [18124/10]
I propose to take Questions Nos. 166 and 188 together.
I wish to inform the Deputies that I have a meeting arranged with the Jack and Jill Foundation at the end of this month.
167 Deputy Olivia Mitchell asked the Minister for Health and Children if her attention has been drawn to inefficiency in the Health Service Executive which has seen medical card renewal forms sent to a person (details supplied) in County Dublin, two weeks after the submission date has passed; and if she will make a statement on the matter. [17832/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
168 Deputy Michael Noonan asked the Minister for Health and Children if she will appoint an official from her Department who would take a lead role in an initiative to provide an out of hours general practitioner service in Limerick city along the lines of Shannon Doc or West Doc; if her attention has been drawn to a case (details supplied), which resulted from the lack of an out of hours service in Limerick city which has been brought to the attention of local public representatives by a local charity; and if she will make a statement on the matter. [17837/10]
Arrangements for the provision of General Practitioner out-of-hours services are a matter for the Health Service Executive. I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
169 Deputy Jack Wall asked the Minister for Health and Children her views on correspondence (details supplied); if it is feasible that the request of the families can be agreed to; if so, the procedure to be implemented to allow this to happen; and if she will make a statement on the matter. [17893/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
170 Deputy Michael Ring asked the Minister for Health and Children when persons (details supplied) in County Mayo will be approved medical cards. [17993/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
171 Deputy Michael Ring asked the Minister for Health and Children when a nursing home support scheme application will be approved in respect of a person (details supplied). [17994/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
172 Deputy Liz McManus asked the Minister for Health and Children the reason there is a two year waiting list for an appointment with a consultant ophthalmologist at Tallaght Hospital, Dublin 24; her plans to improve this situation in view of the fact that it is the nearest paediatric hospital to County Wicklow; and if she will make a statement on the matter. [17999/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
173 Deputy Trevor Sargent asked the Minister for Health and Children the legislation and regulations that govern the placing of irradiated products, including fresh produce, on the market in the EU and here; if she will report on the evidence of irradiated products being offered for sale and the labelling requirements which are involved for such products; and if she will make a statement on the matter. [18009/10]
The marketing and labelling of irradiated foods within the EU is governed by the Framework Directive (1999/2/EC) on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation and the Implementing Directive (1999/3/EC) on the establishment of a Community list of foods and food ingredients treated with ionising radiation.
The Framework Directive addresses general and technical aspects for carrying out the irradiation process, labelling of irradiated foods and conditions for authorising food irradiation whereas the Implementing Directive provides a list of foods and food ingredients that are authorised across the EU for irradiation. Directives 1999/2/EC and 1999/3/EC were transposed into Irish legislation by European Communities (Foodstuffs Treated with Ionising Radiation) Regulations 2000, Statutory Instrument No. 297 of 2000.
Currently only one food category (dried aromatic herbs, spices and vegetable seasonings) is listed and has EU authorisation under Directive 1999/3/EC with a further 29 foods available under Member States authorisations. All of these food products are only permissible on the market provided they have been irradiated by EU approved facilities and comply with the labelling requirements for irradiated foods as set out in the relevant EU and national legislation. The main labelling requirements for any irradiated food or food containing an irradiated ingredient is that the label must carry the word "irradiated" in a prominent position either as part of the main label or next to the ingredient that has been irradiated.
Routine checks on food that may have been irradiated are carried out by the Health Service Executive under Service Contract to the Food Safety Authority of Ireland (FSAI). In addition, the FSAI may also carry out sampling and analysis of specific food types where there are grounds to believe that certain foods may have been irradiated but not labelled appropriately. Analysis of 294 such food samples in 2009 identified 4 foods that had been irradiated but were not carrying the required labelling.
174 Deputy Bernard J. Durkan asked the Minister for Health and Children the reason a person (details supplied) in County Kildare attending private and public hospital was told that the varicose vein treatment they need will incur a further charge, despite having full medical card and private health insurance; and if she will make a statement on the matter. [18013/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
175 Deputy Joan Burton asked the Minister for Health and Children the number of home help hours allocated to recipients, and the number of recipients, in Dublin 15 for 2008, 2009 and the total expected allocation for 2010; and if she will make a statement on the matter. [18025/10]
I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
176 Deputy Joan Burton asked the Minister for Health and Children the number of home care packages allocated to recipients, and the numbers of recipients, in Dublin 15 for 2008, 2009 and the total expected allocation for 2010; and if she will make a statement on the matter. [18026/10]
I regret that due to industrial action I am not in a position to provide a substantive response to your Parliamentary Question. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
177 Deputy Joan Burton asked the Minister for Health and Children the number of unfilled, vacant or recently extinguished positions at Connolly Hospital, Blanchardstown, broken down by function, at present and at the end of 2007, 2008 and 2009; and if she will make a statement on the matter. [18027/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
178 Deputy Dan Neville asked the Minister for Health and Children the reassurances she will give to persons in County Limerick who have family members attending an organisation (details supplied) in County Limerick in view of the fact that they are concerned that the proposed cuts to their services will have an impact on their abilities to continue providing the necessary services; and if she will make a statement on the matter. [18029/10]
179 Deputy Dan Neville asked the Minister for Health and Children the amount of money to be allocated to an organisation (details supplied) in County Limerick for the remainder of 2010; if she will give assurances that the organisation will receive enough funding to enable them to carry out all the services that they have been providing in the past. [18030/10]
I propose to take Questions Nos. 178 and 179 together.
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
180 Deputy Joe McHugh asked the Minister for Health and Children the number of staff employed in a Health Service Executive office (details supplied); her plans to rationalise services provided by that office; and if she will make a statement on the matter. [18043/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
181 Deputy John O’Mahony asked the Minister for Health and Children the number of persons who have applied for drug addiction treatment in the western region from 2006 to date in 2010, inclusive; the cost of such treatment in that period; the locations at which such treatment takes place; and if she will make a statement on the matter. [18059/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
182 Deputy John O’Mahony asked the Minister for Health and Children the proportion of cardiovascular disease treated here which is related to childhood obesity; and if she will make a statement on the matter. [18060/10]
183 Deputy John O’Mahony asked the Minister for Health and Children the proportion of cardiovascular disease treated here which is related to alcohol abuse; and if she will make a statement on the matter. [18061/10]
My Department does not have data quantifying the proportion of cardiovascular disease which is directly related to either alcohol misuse or childhood obesity. Both the misuse of alcohol and obesity are among the leading risk factors contributing to the onset of cardiovascular disease. Prevention of these risk factors will be addressed in the forthcoming Cardiovascular Policy. In addition, measures to tackle the harmful use of alcohol are being developed by the National Substance Misuse Strategy Steering Group.
184 Deputy Andrew Doyle asked the Minister for Health and Children the action that has been taken to improve access to low-cost healthy food for low income households in view of the increasing incidence of obesity in children of low-income families; and if she will make a statement on the matter. [18084/10]
The tax system through VAT differentiates between food products. Most food and drink sold by retail shops is chargeable at the zero VAT rate. The type of products attracting this rate includes low-cost healthy foodstuffs such as bread, milk, meat and vegetables, which might help low income households guard against obesity and stay healthy. Certain items of food and drink are specifically excluded from the scope of the zero-rate and are taxable at rates of 13.5% and 21.5%. Items liable to the 21.5% VAT rate include sweets, chocolate, confectionary, savoury snacks, soft drinks and alcohol.
185 Deputy Willie O’Dea asked the Minister for Health and Children if her attention has been drawn to the problems arising from the reduction in funding to an association (details supplied) in County Limerick; if her further attention has been drawn to the fact that the plan to deal with this shortage of funding will involve moving several clients into a new and strange environment and separating them from other clients and families with whom they have lived for very long periods; her views on whether this will be detrimental and may reverse much of the good work which has been done for those clients; if she will engage with the Health Service Executive and the management of the association to try and prevent this. [18090/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
186 Deputy Alan Shatter asked the Minister for Health and Children the progress made, if any, to facilitate the completion of adoptions in Vietnam by persons who were promised assistance in completing such adoptions almost a year ago; and if she will clarify the current position. [18100/10]
It remains my intention to assist 20 named applicants to complete intercountry adoptions in respect of children from Vietnam on an exceptional basis and insofar as it is practicable in law. In communicating the decision to suspend the bilateral negotiations the Irish Government asked the Vietnamese Government whether it will be possible to proceed with these adoptions. The Vietnamese response was not definitive. The Government is attempting to put in place a mechanism in respect of these 20 applicants that safeguards against recent concerns raised in relation to intercountry adoption in Vietnam.
187 Deputy Billy Timmins asked the Minister for Health and Children the position regarding medical cards in respect of persons (details supplied) in County Carlow; and if she will make a statement on the matter. [18115/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
189 Deputy Charles Flanagan asked the Minister for Health and Children further to Parliamentary Question No. 209 of 9 March 2010, regarding child psychiatry services in counties Laois and Offaly and the backlog of work and very limited resources, if she is now in a position to reply thereto. [18184/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
190 Deputy Seán Ó Fearghaíl asked the Minister for Health and Children if she will consider the case of a person (details supplied) who has made a claim under the health repayment scheme; if the payment will be made in respect of the two and a half year period referred to; and if she will make a statement on the matter. [18186/10]
I wish to advise the Deputy that due to industrial action affecting the Health Service Executive, it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.
191 Deputy Jan O’Sullivan asked the Minister for Health and Children if and the way in which income made from renting out a house which is the subject of ancillary State support under the nursing home support scheme is included in the means test of the owner of the house who is in a nursing home; and if she will make a statement on the matter. [18201/10]
The Financial Assessment for the Nursing Homes Support Scheme takes all of a person's income and assets into account. The person's contribution to care is then worked out based on 80% of the person's assessable income, which includes income generated from the rental of any property, and 5% of the value of their assets per annum. The first €36,000 of the person's assets, or €72,000 in the case of a couple, is not included at all in the assessment. It should also be noted that a person may never pay more than the cost of their care.
192 Deputy Lucinda Creighton asked the Minister for Health and Children the number of Departmental staff including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if she will make a statement on the matter. [18351/10]
The information requested by the Deputy is not routinely recorded in my Department. The sanction, calculation and payment for pensions of officers of my Department is administered by the Department of Finance.
The Deputy may wish to note that there are provisions in most public service pension schemes to ensure that the combined earnings (pension plus pay) of a retired public servant who takes up public service employment in the same public service sector from which they have retired, does not exceed the remuneration which they would have received had they remained in the former employment. This is known as abatement of pension. Additional restrictions apply to public servants retiring under the terms of the Incentivised Scheme of Early Retirement (ISER).
193 Deputy Jan O’Sullivan asked the Minister for Health and Children the provision that has been made for staffing the HPV vaccine programme for 2010; if there will be additional costs associated with the delay in rolling out the vaccine; if it will involve vaccination during the school summer holidays; and if she will make a statement on the matter. [18362/10]
Matters such as the staffing and funding of the HPV vaccination programme are, in the first instance, the responsibility of the HSE and I wish to advise the Deputy that, due to industrial action affecting the HSE, it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course. However, I can inform the Deputy that the HPV vaccination programme for first year girls in secondary schools will, as promised, start before the end of this school term. During this calendar year all girls currently in first year will be offered the vaccination. Those students who receive their first vaccination in school in May will be offered their second dose through HSE vaccination clinics in July.
194 Deputy Jan O’Sullivan asked the Minister for Health and Children if she will ensure that the warning that is required by the Irish Medicines Board that certain anti-depressant drugs can cause suicidal ideation be made more prominent at the top of the information leaflet and laid out in bold type in order that it cannot be overlooked to ensure that tragedies are avoided due to the lack of knowledge of such possible side effects; and if she will make a statement on the matter. [18365/10]
The purpose of the package leaflet (patient information leaflet) for an authorised medicinal product is to provide comprehensive information on the side-effects of a medicine and recommendations for its safe and effective use. The aim is not only to ensure that potential risks are highlighted, but equally to support minimisation of risk through promoting compliance with the recommendations for use and monitoring requirements.
Leaflets must comply with Directive 2001/83/EC in terms of content and order of information. In addition, the package leaflet must be clear and understandable, enabling users to act appropriately, when necessary with the help of healthcare professionals. This ensures that the layout is consistent for all medicines across Europe, allowing patients to access information in a standardised format. The package leaflet is reviewed by the Irish Medicines Board (IMB) during the assessment process to ensure compliance with the legislative requirements.
The IMB has highlighted the risk of suicide and suicidal thoughts associated with use of antidepressants on a number of occasions, most recently in Drug Safety Newsletter in September 2008. The authorised package leaflet for this class of medicinal products contains information on what the patient should do if he/she experiences thoughts of suicide or worsening of depression.
195 Deputy Andrew Doyle asked the Minister for Health and Children her policy on the practice of removal, retention and disposal of children’s organs post mortem; and if she will make a statement on the matter. [18376/10]
In 2006, I published reports by Dr Deirdre Madden on the policies and practices relating to the removal, retention and disposal of organs from children who have undergone post-mortem examination in the State since 1970 and on other areas of post-mortem practice and procedures. The removal of organs from the body at post mortem is a necessary part of the examination of the body and the diagnosis of cause of death. The retention of organs may be necessary in certain circumstances to make an accurate diagnosis of the cause of death. In line with these reports, no hospital post-mortem examination should be carried out and no tissue retained for any purpose whatsoever, without consent or authorisation.
An independent audit of all retained organs in the State was carried out by Ms Michaela Willis, on foot of one of Dr Madden's recommendations, and this report was published in 2009. Ms Willis's report demonstrated that significant improvements have been made in post mortem practice in Ireland in recent years. Her report identified many examples of best and excellent practice and it provides a strong base for a process of continuous improvement in post mortem practice in Ireland.
196 Deputy Jack Wall asked the Minister for Transport the position regarding funding for infrastructure work (details supplied); and if he will make a statement on the matter. [17607/10]
The improvement and maintenance of regional and local roads, in its area, is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act, 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority.
On 22nd February 2010, I announced a total of €411,408,500 for the maintenance and improvement of regional and local roads in 2010. From this allocation, Kildare County Council is being provided with €12,922,893.
In deciding on allocations for 2010 my priority was to protect the existing network along with the massive investment in it over the last number of years and to carefully target resources to address, on a priority basis, the most urgently required repairs resulting from the extensive damage caused by the severe weather earlier in the year.
My Department received an application from Kildare County Council in November 2008 for 100% funding of the Athy Southern Distributor Road at an estimated cost of €42 million. In order to increase the monies available for the maintenance and rehabilitation of road pavements, arising from the severe weather as mentioned earlier, it has been necessary to reduce the grant allocations for major new road schemes and for major realignment schemes. As a result of this, no funding is being provided for this project in 2010.
197 Deputy Finian McGrath asked the Minister for Transport if the European Commission Regulation No. 185/2010 of 4 March 2010 was implemented on 29 April 2010; the implications for the transportation of sports equipment, including rifles and ammunition for sporting competition. [17667/10]
Civil aviation security at EU airports is governed by Regulations (EC) Nos. 300/2008 and, 185/2010, which came into effect on 29 April 2010. The Annex to Regulation (EC) No. 185/2010 contains a list of items that are prohibited from being carried in the hold of an aircraft. This list of prohibited items is available to the public.
Among the items listed as prohibited from being carried in the hold of an aircraft is ammunition. However, according to point 5.4.2 of the Annex to Regulation (EC) 185/2010, exemptions may be granted on condition that the appropriate authority has national rules permitting the carriage of the article and, that applicable safety rules are complied with.
To date Ireland has allowed for the carrying of ammunition in hold baggage provided that certain conditions are complied with. We intend, in common with most EU Member States, to continue to permit the carriage of ammunition in hold baggage, provided that, it is declared and transported in accordance with Dangerous Goods Regulations and it is the policy of the air carrier in question to allow for the carriage of such items.
198 Deputy Pat Breen asked the Minister for Transport if, in relation to the red zones at either end of existing main runway 10/28 at Dublin Airport, he will confirm the precise distances such as red zones commenced with respect to each of the said runway thresholds; and if he will make a statement on the matter. [17680/10]
I am informed by the Irish Aviation Authority that the Red Zones at Runway 10/28 at Dublin Airport commence 60 metres from the runway thresholds.
199 Deputy Fergus O’Dowd asked the Minister for Transport the details of any former Government office holder appointed by him in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if he will make a statement on the matter. [17704/10]
Since the Department of Transport was established in June 2002, and in the time available to acquire the information sought, the details are:
|
Name |
Board Appointed To |
Date of Appointment |
Fees per annum |
|
€ |
|||
|
Tras Honan |
Bus Éireann |
09/02/2004-08/02/2005 |
12,600 |
|
09/02/2005-09/02/2011 |
|||
|
Gerard Collins |
Dublin Airport Authority |
05/11/2009-6/11/2012 |
15,750 |
Any further detailed information regarding expenses or benefits claimed are matters for the relevant Board and as such are not available from my Department.
Up to 1st August 2008 appointments to the Boards of Bus Éireann, Dublin Bus and Iarnród Éireann were made by the Chairman of CIÉ with the approval of the Minister for Transport.
200 Deputy Brian O’Shea asked the Minister for Transport his plans for the dredging and reclamation of the river at the confluence of the Rivers Barrow and Suir from Snowhill to Drumdowney Point, County Kilkenny; and if he will make a statement on the matter. [17767/10]
Port of Waterford Company is a State owned company under the aegis of my Department. Some years ago the company received planning permission for a quay extension in the area mentioned in the Deputy's question. However, the company has no plans to construct the quay for the present. The company carries our maintenance dredging in the navigation channel from time to time.
201 Deputy Jack Wall asked the Minister for Transport the position in relation to the rural transport programme; the number of projects operating; the plans to expand these projects; and if he will make a statement on the matter. [14263/10]
202 Deputy Jack Wall asked the Minister for Transport the amount of funding received from European funds in respect of the rural transport scheme in the past three years; and if he will make a statement on the matter. [14269/10]
204 Deputy Andrew Doyle asked the Minister for Transport the exploration of the continuation and expansion of the rural transport programme that has taken place; the way it will integrate with the rural transport scheme; and if he will make a statement on the matter. [18082/10]
I propose to take Questions Nos. 201, 202 and 204 together.
Thirty-six rural community transport groups are being funded under my Department's Rural Transport Programme (RTP), which is operational in every county. These groups are working towards maximising coverage in their operational areas having regard to local public transport service needs and the availability of resources. My Department's RTP funding is provided entirely from the Exchequer and does not involve any EU funding. €11 million has been provided for the RTP in 2010.
On rural transport generally, it is important that existing resources in this area are utilised as cost-effectively as possible. In that context a number of initiatives are currently underway exploring the potential for improved synergies between existing transport providers. These include pilot transport projects in the North East and North West, an exercise to map all transport services in County Louth and a cross-border pilot rural community transport project under the auspices of the British/Irish Council. The outcome of these initiatives will feed into the process for developing rural transport policy into the future.
203 Deputy Fergus O’Dowd asked the Minister for Transport the discussions he has had with Bus Átha Cliath regarding their recent announcement concerning changes in their timetable; and if he will make a statement on the matter. [18081/10]
This is an operational matter for Dublin Bus in conjunction with the National Transport Authority (NTA) and not one in which I have any role. The Oireachtas Liaison Officer for the NTA is Mr. Matt Benville, The National Transport Authority, 59 Dawson Street, Dublin 2.
205 Deputy Michael D. Higgins asked the Minister for Transport if he will clarify the process of granting exemptions from Articles 6 and 7 in the Air Navigation Order 1973, in particular clarify if a separate exemption must be sought for every flight by an exempted aircraft; the total number of aircrafts permitted to carry munitions of war over Ireland exempt from Articles 6 and 7 as of 1 January 2010. [18087/10]
206 Deputy Michael D. Higgins asked the Minister for Transport the criteria used by his Department to decide if an exemption from the provisions of Article 6 of the air navigation order is granted; and if he will make a statement on the reason applications in recent years have not been granted. [18088/10]
207 Deputy Michael D. Higgins asked the Minister for Transport if his attention has been drawn to the final destination of the flights carrying arms; the procedures that are in place to ensure they are not destined for embargoed destinations, or destined for end-users likely to commit war crimes or human rights violations. [18089/10]
I propose to take Questions Nos. 205 to 207, inclusive, together.
I would refer the Deputy to the reply I gave to Questions Nos. 455, 456 and 457 on 20 April 2010. With regard to the clarification sought by the Deputy in relation to granting exemptions from Articles 6 and 7 in the Air Navigation Order 1973 I can confirm that a separate exemption must be sought for every flight carrying munitions. The number of exemptions issued since 1 January 2010 is approximately 460.
208 Deputy Andrew Doyle asked the Minister for Transport further to Question No. 675 of 3 November 2009, the action he is taking regarding the issue of development works at Arklow Harbour, County Wicklow, to prevent the recurrence of flooding; and if he will make a statement on the matter. [18120/10]
As stated in my previous reply, my Department has been funding remedial works to protect the fabric of the regional harbours, including Arklow, at an average cost of approximately €4m per annum in total, pending the transfer of these harbours to local authority or port company control.
The primary purpose of the works at Arklow has been to remediate the infrastructure of the harbour itself and is not directly linked to flood prevention.
Work undertaken is prioritised by the Harbour on the basis of an Engineer's report on the essential works required.
209 Deputy Joe Carey asked the Minister for Transport if he has had further discussions with the US Secretary of Homeland Security regarding the extension of full US preclearance facilities at Shannon Airport to cargo; and if he will make a statement on the matter. [18160/10]
210 Deputy Joe Carey asked the Minister for Transport the discussions he has had with the US Secretary of Homeland Security regarding the extension of full US preclearance facilities to cargo at Shannon Airport; if so, the outcome of these discussions; and if he will make a statement on the matter. [18161/10]
211 Deputy Joe Carey asked the Minister for Transport his plans to have further discussions with the US Secretary of Homeland Security regarding the extension of full preclearance facilities to cargo at Shannon Airport; and if he will make a statement on the matter. [18162/10]
I propose to take Questions Nos. 209 to 211, inclusive together.
As the Deputy will be aware the Preclearance facilities at Shannon Airport became operational for commercial aircraft on 5 August 2009 and for private aircraft on 1 March this year.
The Ireland-U.S. Preclearance Agreement signed by myself and the then U.S. Secretary of Homeland Security Michael Chertoff, on 17 November 2008, does not provide for the preclearance of cargo. However, this is an issue that I raised with Secretary Chertoff at the time and later with his successor Janet Napolitano. Both were receptive to the opening of discussions on cargo preclearance from Ireland, once we had fully established passenger preclearance. Preclearance in Dublin Airport is due to commence later this year with the opening of Terminal 2.
When passenger preclearance is fully established at both Dublin and Shannon Airports I will pursue the issue with the U.S. Authorities again about cargo preclearance.
212 Deputy Bernard J. Durkan asked the Minister for Transport the number of drivers who have lost their licences from incurring the maximum number of penalty points; the number whose licences have been restored or renewed since the introduction of the regime; and if he will make a statement on the matter. [18323/10]
Since the introduction of the penalty points system in November 2002 a total of 1,008 drivers have been disqualified as a results of the number of penalty points incurred having reached or exceeded 12. The 6 month period of disqualification has concluded in respect of 798 drivers.
213 Deputy Bernard J. Durkan asked the Minister for Transport if commuter rail passenger numbers reflect the projections referred to when he launched Transport 21; and if he will make a statement on the matter. [18326/10]
The economic downturn has seen a decline of 15% in overall national rail passenger numbers over the period 2007 to 2009 which was not forecast at the time Transport 21 was being prepared.
214 Deputy Bernard J. Durkan asked the Minister for Transport his assessment of expected passenger throughput at each of the national and international airports in the current year; and if he will make a statement on the matter. [18327/10]
217 Deputy Bernard J. Durkan asked the Minister for Transport if he has issued policy directions in respect of the operation of any, all or none, of the national or regional airports throughout the country; and if he will make a statement on the matter. [18330/10]
218 Deputy Bernard J. Durkan asked the Minister for Transport the extent to which he plans to apply a particular or specific policy to the operation of each of the national and regional airports throughout the country; and if he will make a statement on the matter. [18331/10]
I propose to take Questions Nos. 214, 217 and 218 together.
In the first 3 months of the year, passenger traffic across the 3 State Airports has fallen by about 16% overall. I understand that the DAA believe that the downward trend is expected to be less severe for the rest of the year subject to some uncertainty arising from unforeseen closures relating to the volcanic ash emergency.
As to Government policy relating to the operation of the State Airports, I have deferred until 2011 any decision relating to the separation of Cork and Shannon airports under the State Airports Act, 2004. In the case of the regional airports I expect that a forthcoming Value for Money review of regional airports will assist me in evaluating the appropriate scale of a regional airports programme in the future bearing in mind my aviation policy objectives, improved surface transport links and the need to address the difficulties with our public finances.
I have not issued any recent policy directions to the State or regional airports as regards their operation.
215 Deputy Bernard J. Durkan asked the Minister for Transport his plans for the development of the public and private bus transport service; and if he will make a statement on the matter. [18328/10]
I am committed to the continued development of the bus sector, as provided by both public and private sector operators.
I established the National Transport Authority (NTA) in December 2009, under the Public Transport Regulation Act 2009. The NTA is tasked with the development of all public transport services.
With regard to the publicly supported bus services, the Public Transport Regulation Act 2009 sets out a framework for the introduction of competition in the market for subvented bus services. The NTA is empowered under the Act to invite private operators to tender for new services requiring subvention, introducing competition and increasing efficiencies in the subsidised bus market.
With regard to private bus operators, the Public Transport Regulation Act 2009 reforms the bus licensing regime, replacing the 1932 Road Transport Act. The new licensing regime, to be administered by the NTA, provides a level playing field for all bus market participants, both public and private and will foster a competitive market which best serves the needs of bus users.
In addition to the NTA's role in the development of bus services, the Government adopted a sustainable transport policy for Ireland in February 2009, set out in the Smarter Travel Plan 2009-2020. This strategy includes a number of specific actions to improve bus services, including improved frequency, reliability and accessibility of bus services.
216 Deputy Bernard J. Durkan asked the Minister for Transport his air transport plans or policy over the next three years; and if he will make a statement on the matter. [18329/10]
The Government's plans for air transport are to facilitate the growth of competitive air links, in order to promote the development of Irish business and tourism; to ensure the sustainable development of the State and regional airports; to ensure that Irish aviation safety and security policies and practices meet the highest international standards and to provide for effective air navigation services.
My Department's immediate objective is to assist airports and airlines to respond to the downturn in the sector, while maintaining the highest possible levels of connectivity between Ireland and key markets. In a global market, which is fully liberalised within the EU, the scope for measures to provide direct support to airports and carriers is very limited. The focus must therefore be on managing through a severe downturn and being well positioned for an upturn when economic circumstances improve.
Looking to the future, the challenge will be to ensure that Irish aviation is well positioned to take advantage of the economic recovery when it comes. To that end, the Government will continue to support the development of an innovative-friendly, pro-competition regulatory framework for aviation. The continued roll-out of DAA's investment programme, most notably the opening of T2 later this year, and introduction of US preclearance facilities will greatly enhance the experience of customers using Irish airports and will provide airlines with opportunities to develop and grow new services. My Department is currently engaged in measures to enhance our bilateral aviation relations with emerging markets such as India and China in support of the Government's Asia strategy.
219 Deputy Bernard J. Durkan asked the Minister for Transport if directly or through the National Roads Authority or local authorities he has received requests from or given any instructions attendant on financial allocations made, generally or specifically throughout the country; the nature of any such instructions or conditions; and if he will make a statement on the matter. [18332/10]
Each year, as Minister for Transport, I announce the allocation of grant funds to Local Authorities for the maintenance and upkeep of regional and local roads across the country. I made the announcement for 2010 on 22nd February this year.
Earlier this year, I requested local authorities to provide details of exceptional road related costs associated with the November 2009 flooding and the prolonged severe weather, which fall outside the normal financial provision for winter maintenance.
I took account of the information received when deciding on allocations for 2010. My priority is to protect the massive investment of €6 billion in the regional and local roads network since 1997.
I decided to defer the planned rehabilitation works on regional and local roads in 2010, in order to provide greater flexibility to local authorities and requested that they carefully target resources to address, on a priority basis, the most urgently required repairs resulting from the extensive damage caused by the prolonged severe weather.
I have also received representations from a number of local authorities and public representatives seeking an increase in the funding for regional and local roads in their particular areas. However, all regional and local road grants have now been fully allocated and there are no further funds available from which additional allocations could be made.
The Exchequer grants are a supplement to expenditure by the local authorities. I have repeatedly stressed the importance of local authorities allocating sufficient own resources for the improvement and maintenance of the regional and local roads network.
220 Deputy Bernard J. Durkan asked the Minister for Transport the criterion under which funding directly or indirectly is provided by his Department to any bodies or groups under his aegis; and if he will make a statement on the matter. [18333/10]
Funding is provided to Agencies and bodies under the aegis of the Department of Transport in line with Government Policy, in particular as set out in the Renewed Programme for Government, Transport 21, Smarter Travel and the Department's Statement of Strategy 2008-2010.
221 Deputy Bernard J. Durkan asked the Minister for Transport the extent of funding by his Department in each of the past four years to date in 2010 to the National Roads Authority; the budgetary heads or sub heads from whence such funds, if any, were drawn; if all such allocations were spent entirely; if any such funds were returned to the Exchequer unspent; if he gave specific instructions as to the precise works on which such expenditure was to be made; if the NRA or local authorities made any specific requests during the period in question in respect of particular projects; his views on same; and if he will make a statement on the matter. [18334/10]
223 Deputy Bernard J. Durkan asked the Minister for Transport the extent of funds in whatever category, allocated by his Department to the various groups, bodies or organisations under his aegis or associated thereto in each of the past four years to date in 2010; the terms and conditions of any such allocations; the budgetary head or sub head from whence such funds were drawn; the precise amounts allocated in each case; the amounts spent; the extent of any funds returned or returnable to the Exchequer; if all funds allocated were spent in accordance with his wishes; if prior to allocation he received requests and representations from any or all of the bodies concerned; the extent to which he responded; the degree to which he sought or offered clarification or explanation attendant on or arising from such allocations; and if he will make a statement on the matter. [18336/10]
I propose to take Questions Nos. 221 and 223 together.
Exchequer funding has been allocated under Vote 32 to the following agencies under the remit of my Department since 2007:
|
State Body |
Vote 32 Funding 2007 |
Vote 32 Funding 2008 |
Vote 32 Funding 2009 |
Vote 32 Funding 2010 |
|
€000 |
€000 |
€000 |
€000 |
|
|
CIE Group |
776,269 |
911,036 |
726,808 |
496,129 |
|
Railway Safety Commission |
2,090 |
2,078 |
2,014 |
400 |
|
Railway Procurement Agency |
11,000 |
10,958 |
10,598 |
29,748 |
|
National Roads Authority |
1,782,874 |
1,679,461 |
1,470,009 |
1,636,324 |
|
Dublin Transportation Office / NTA |
41,593 |
59,017 |
38,472 |
353,512 |
|
Road Safety Authority |
31,124 |
39,704 |
32,835 |
28,746 |
|
Medical Bureau of Road Safety |
5,911 |
4,448 |
4,363 |
4,557 |
|
Marine Casualty Investigation Board |
300 |
250 |
200 |
250 |
In addition to the figures shown above, the following funding has been allocated to regional harbours for remedial works in the last four years:
|
Year |
€m |
|
2007 |
10.5 |
|
2008 |
3.705 |
|
2009 |
3.699 |
|
2010 |
4.1 |
More detailed information in relation to the individual Subheads, the amounts provided and the outturn for each year can be found in the relevant Revised Estimates Volume, published by the Department of Finance and available on its website. Up to 10% of an unspent capital allocation can be carried over into the following year. Where this occurs the relevant information is also published in the Estimates. The reasons for material variations in any Departmental Subheads are set out in the Annual Appropriation Accounts which are available on the website of the Comptroller and Auditor General.
Funding for the agencies is provided in the form of general block grants and in the form of specific grants for particular purposes. In the case of the National Roads Authority, for example, funding for national roads is provided in the form of block grants and it is a matter for the Authority under statute to decide on allocations to individual projects. Similar provisions apply to the National Transport Authority.
Exchequer funding has to be spent for the purpose for which it was allocated, but there are procedures in place to enable a transfer of funds between projects or Subheads where under-expenditure occurs or where additional funding is required.
There is a regular dialogue between my Department and its agencies in relation to funding and in the case of the NRA and NTA, which account for a large proportion of expenditure under my Department's Vote, there are regular monitoring meetings which review expenditure to date, future spending requirements and the outcome of the annual Budget process.
222 Deputy Bernard J. Durkan asked the Minister for Transport the extent of funds allocated by his Department in each of the past five years to date in 2010 to Iarnród Éireann, Bus Éireann and Bus Átha Cliath; if such funding was in response to any specific request or otherwise; and if he will make a statement on the matter. [18335/10]
The information requested by the Deputy is set out as follows.
|
Year |
Iarnród Éireann |
Bus Éireann |
Bus Átha Cliath |
Total |
|
€000 |
€000 |
€000 |
€000 |
|
|
2005 |
279.533 |
1.846 |
9.611 |
290.99 |
|
2006 |
257.368 |
1.942 |
27.324 |
286.634 |
|
2007 |
407.975 |
32.786 |
28.337 |
469.098 |
|
2008 |
532.649 |
39.908 |
18.442 |
590.999 |
|
2009 |
420.725 |
0 |
3.319 |
424.044 |
|
2010* |
48.207 |
0 |
0 |
48.207 |
* 2010 = Funding to date.
|
Year |
Iarnród Éireann |
Bus Éireann |
Bus Átha Cliath |
Total |
|
€000 |
€000 |
€000 |
€000 |
|
|
2005 |
179.991 |
25.199 |
64.900 |
270.090 |
|
2006 |
188.716 |
26.459 |
69.845 |
285.020 |
|
2007 |
189.910 |
36.595 |
80.078 |
306.583 |
|
2008 |
181.152 |
41.846 |
85.629 |
308.627 |
|
2009 |
175.782 |
44.982 |
82.425 |
303.189 |
|
**2010 |
155.429 |
44.969 |
75.790 |
276.188 |
**2010 = Estimated Subvention Allocation.
In addition Iarnród Éireann, Bus Átha Cliath and Bus Éireann are also in receipt of capital funding arising from their participation in the integrated ticketing system. This funding encompasses project management, design and development costs and operator contributions for the development of the single smart card.
224 Deputy Lucinda Creighton asked the Minister for Transport the number of departmental staff, including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if he will make a statement on the matter. [18356/10]
My Department does not hold information on the number of Departmental staff in receipt of a pension on foot of previous public sector employment. Accordingly, I am not in a position to provide the information requested to the Deputy.
225 Deputy Terence Flanagan asked the Minister for Justice, Equality and Law Reform the reason for the delay in processing Irish citizen applications in respect of persons (details supplied); and if he will make a statement on the matter. [17818/10]
Valid 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, August 2007 & December 2008.
All valid 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 26 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 applications for the first, second and third named persons are at an advanced stage, while further processing of the application for the fourth named individual has commenced. All of 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.
It is open to the parents of a child born outside the island of Ireland to apply for naturalisation on their behalf at any time after they themselves obtain naturalisation.
226 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the way a person (details supplied) can obtain a business visa as they want to take over a business. [18031/10]
I am advised by the Irish Naturalisation and Immigration Service (INIS) that the person in question currently has permission to reside in the State and so does not require an entry visa. The person resides here as a spouse of an employment permit holder and has Immigration Stamp No. 3 which allows the individual concerned to remain in Ireland as long as they do not enter into employment nor engage in any business or profession.
Non-EEA nationals who wish to pursue a business activity (in a capacity other than as an employed person for whom an employer would have to obtain a work permit) must first obtain Business Permission. Information outlining the requirements of the Business Permission scheme which are very specific are contained on the Irish Naturalisation & Immigration Services (INIS) website under Immigration and then Business Permission — http://www.inis.gov.ie/en/INIS/Pages/WP09000012
The person concerned is advised to contact INIS providing full information of their circumstances either in writing to Irish Naturalisation and Immigration Service, 13/14 Burgh Quay, Dublin 2 or by way of the various helplines available as outlined on the website — www.inis.gov.ie
227 Deputy Andrew Doyle asked the Minister for Justice, Equality and Law Reform the action being taken to encourage voluntary review and reduction of rents; and if he will make a statement on the matter. [18113/10]
I understand that the Deputy's question relates to rent levels prevailing within the commercial sector.
The rent review process arises on foot of private contractual arrangements which have been entered into by individual landlords and tenants and I have no statutory function which permits me to intervene in relation to the many individual negotiations which are ongoing at any one time. However, I and my Government colleagues are very conscious of the difficulties which are being faced at this time by the retail sector in particular.
Against that background, I have legislated to prohibit upward only rent reviews in leases entered into on or after 28 February of this year (section 132 of the Land and Conveyancing Law Reform Act 2009) and I believe that the commencement of that section will have a persuasive effect in relation to current lease arrangements.
Action has also been taken to address concerns which have been raised about the ability of tenants to obtain reliable and comprehensive information in the context of the rent review process and a Working Group has been established with the following terms of reference:
"To consider the operation of the current system for determining the rent payable on foot of a rent review clause, with particular emphasis on the arbitration process and the adequacy of the information available to all parties and, if necessary, to make such recommendations for change as may seem appropriate." It is envisaged that the Group will report by 30 June, 2010.
Every opportunity is also being taken to stress the need for landlords to take a flexible approach to rent review negotiations which arise in the context of current leases. It has been emphasised repeatedly that there is nothing to stop the parties to existing business leases from varying the terms of their contract and from agreeing to reduce the applicable rent, having regard to their individual circumstances and the realities of the market.
228 Deputy Seán Power asked the Minister for Justice, Equality and Law Reform his views on the fact that membership of the Schengen Agreement would be of enormous benefit to tourism; if serious consideration will be given to signing the agreement; and if he will make a statement on the matter. [18128/10]
The Schengen Convention is an agreement among some European Member States which allows for the abolition of systematic border controls between the participating countries. It also includes provisions on a common policy on the temporary entry of persons, the harmonisation of external border controls, and cross-border police and judicial co-operation.
Ireland has successfully applied to take part in the police and judicial co-operation aspects of the agreement. These provisions will come into effect only after a range of technical and legislative measures have been put in place. The necessary measures are currently being progressed.
Ireland has not, however, applied to participate in the Schengen arrangements to the extent that they deal with the abolition of border checks. This decision has been taken to maintain the common travel area with the United Kingdom which remains an important priority for the Irish Government. The common travel area could not, for all intents and purposes, continue to operate if Ireland were to remove border checks with the Schengen States while the United Kingdom did not. To do so would result in a situation where the land border with Northern Ireland would become the effective border between the Schengen zone and the United Kingdom and as a consequence, would inevitably require, the imposition of border controls on the island of Ireland.
I am sure the Deputy would agree that, while there may in theory be benefits in terms of tourism, for Ireland to participate in the border aspects of the Schengen Agreement there are also clear negative implications for such a decision if taken on a unilateral basis.
229 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform if consideration has been given to extending daylight saving here by joining central European time; if an up to date assessment into this matter has been made in view of the fact that this matter is under consideration in the UK. [18168/10]
I wish to refer the Deputy to my reply to Question No. 116 of 22 April, 2009. The position remains unchanged.
230 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the position regarding a long-term visa in respect of persons (details supplied); the time period that this application is for; and if further information is needed to finalise this application; and if he will make a statement on the matter. [17603/10]
The position in regard to long term visas remains as stated in my reply to the previous PQ No 213 of 20 April 2010.
As regards the current applications submitted by the two individuals referred to, their on-line visa applications were made on 12 March 2010. At this time my Department is awaiting the submission of all the necessary supporting documentation to allow for the detailed consideration of the application. Until this documentation has been received no further action can be taken by my Department.
231 Deputy Ciarán Lynch asked the Minister for Justice, Equality and Law Reform if he will consider a request for an extension of the time by six months within which a person (details supplied) in County Cork is required to leave the State in order to afford them every opportunity to obtain employment; and if he will make a statement on the matter. [17632/10]
I have been informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy entered the State in 2006 to complete a Masters Degree in University College Cork. On 28 November 2008, upon completion of her studies she was granted a six month permission to remain in the State under the Graduate Scheme to afford her the opportunity to seek employment in the State. On 28 May 2009 she requested further permission stating that she had applied for a Green Card Permit, this person was informed that she should return to be registered when that permit was issued. She failed to return to be registered or to inform the Immigration Officers of her activities in the State. She has remained in the State without permission since 28 May 2009.
The person referred to by the Deputy has been afforded the opportunity to find employment in the State since November 2008. To date it would seem that she has been unsuccessful in her endeavours. To uphold the integrity of our Immigration System no further permission to remain in the State will be granted in this case.
232 Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform the reason a holiday visa application for a person (details supplied) was refused for a second time; and if he will make a statement on the matter. [17637/10]
The visa application referred to by the Deputy was received in the Visa Office, Cairo on the 29 March 2010. Following consideration by a Visa Officer, it was refused on the 30 March 2010, for the following reasons:
1. Finances. The evidence of finances provided was deemed insufficient in that neither the applicant nor the reference submitted 6 months bank statements.
2. Insufficient documentation. There was insufficient documentation submitted in support of the application in that the applicant did not set out the reasons for the proposed visit to Ireland. Further the applicant did not submit a letter of undertaking.
3. Obligations to return to home country. The applicant did not show satisfactory obligations to return to the home country — some examples of obligations being social, economic or professional ties.
It is open to the person concerned to appeal the decision of the Visa Officer within two months of the date of refusal, in this case before the 30 May 2010. Comprehensive information with regard to the visa application process and the documents required are available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).
233 Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform the progress made to date in meeting the commitment in the programme for Government 2007 to establish a judicial sentencing commission; the timescale of same; the budget provided for the commission; and if it is his intention to make statutory provision for this body. [17675/10]
As the Deputy is aware, each member of the judiciary is independent in the matter of sentencing as they are in other matters concerning the exercise of judicial functions. The Courts Service Board established a Steering Committee to plan for and provide information on sentencing. The Committee, under the chair of Mrs. Susan Denham of the Supreme Court, comprises a judge from the High, Circuit and District Courts and a university lecturer with expertise in sentencing law.
This project, known as the Irish Sentencing Information System (ISIS), involves the provision of a computerised information system on sentences and other penalties imposed for criminal offences. The system will enable a judge, by entering relevant criteria, to access information about the range of sentences and penalties imposed for various types of offences in previous cases. This will assist any judge when considering the sentence to be imposed in an individual case.
The system has been piloted in several court jurisdictions, including Dublin, Cork and Limerick Circuit Criminal Courts; the Dublin District Court and the Court of Criminal Appeal. The outcomes will be reviewed and assessed by judges prior to the final evaluation and establishment of a web-based system.
234 Deputy Seán Power asked the Minister for Justice, Equality and Law Reform the position regarding an application for a certificate of naturalisation in respect of persons (details supplied); and if he will make a statement on the matter. [17679/10]
Valid 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 March 2009 and I decided in my absolute discretion not to grant certificates of naturalisation. The reasons for refusal were disclosed to the persons concerned in letters issued to them on 2 November, 2009.
It is open to the persons in question to lodge new applications for certificates of naturalisation with the Citizenship Division of my Department at anytime. However, in doing so they should bear in mind the reason for refusal of the previous applications.
235 Deputy Catherine Byrne asked the Minister for Justice, Equality and Law Reform the weekly payments awarded to prisoners; the amount they receive; if they carry out duties to earn this payment; if they receive a Christmas bonus; and if he will make a statement on the matter. [17681/10]
I am informed by the Director General of the Irish Prison Service that all prisoners are statutorily entitled to a daily gratuity. The current rate of gratuity payable is €2.35 daily, which equates to a weekly total of €16.45.
In accordance with the Prison Rules, 2007, additional gratuity may be paid to prisoners engaged in authorised structured activities. This additional gratuity is typically paid in the form of vouchers which can be used to purchase goods in the prison tuck shop. The levels of additional gratuity paid in respect of different types of structured activities are set by the senior Governor in each institution.
Prisoners do not receive a Christmas bonus, but the Irish Prison Service did operate a Prisoner Hardship Fund over recent years, from which each custodial institution was allocated a specific budget in December of each year. The purpose of the Hardship Fund scheme was to provide a fund from which Governors could make modest payments to prisoners and their families in need of assistance. The award criteria to be applied and the amounts to be awarded to individual prisoners were at the discretion of the senior Governor in each institution. The practice of allocating Hardship Fund budgets to custodial institutions, each December, will be discontinued in 2010, as payments to prisoners or their families on hardship grounds, at any time of the year, are eligible for funding from a newly established Prisoner Assist Programme Fund. The purpose of the new Prisoner Assist Programme Fund is to provide a facility for Governors to identify, prioritise and fund projects for the benefit of prisoners, in a more planned and co-ordinated way.
236 Deputy Catherine Byrne asked the Minister for Justice, Equality and Law Reform the number of properties that the Criminal Assets Bureau own in the Dublin 8 area; if CAB own a property (details supplied) in Dublin 8; and if he will make a statement on the matter. [17682/10]
I am advised that the Criminal Assets Bureau, while authorised by statute to own property, does not of itself own any properties.
Properties, which are the subject of orders under the Proceeds of Crime legislation, are generally held by a Court Appointed Receiver. Once a final order is made by the Court, the ownership of the property becomes vested in the Minister for Finance.
While the Bureau regularly targets certain properties under both the Proceeds of Crime and taxation legislation, there are statutory limitations on the disclosure of such information in the course of investigations and any subsequent court proceedings.
It is therefore the policy of the Bureau not to disclose information on specific properties until investigations are completed and the Courts have made a final determination.
237 Deputy Catherine Byrne asked the Minister for Justice, Equality and Law Reform the quantity of drugs seized in Mountjoy Prison and in St. Patrick’s Institution in 2009 and to date in 2010; and if he will make a statement on the matter. [17683/10]
The Irish Prison Service does not have the facility to test substances found or seized and therefore cannot state definitively the type or value of drugs seized. Gardaí are contacted once suspected drug seizures are made and issues of investigation and prosecution fall within their remit.
Figures relating to Mountjoy Prison and St. Patrick's Institution are set out as follows.
|
Prison/Place of Detention |
Number of suspected Drug Seizures in 2009 |
Number of suspected Drug Seizures in 2010 (until 18 April) |
|
Mountjoy Prison (male) |
547 |
240 |
|
St. Patrick’s Institution |
92 |
35 |
The Irish Prison Service continues to work to implement its Drug Policy & Strategy, entitled "Keeping Drugs Out of Prison", which was launched in May 2006. Working to fulfil the commitments contained in the policy and strategy involves the implementation of stringent measures to prevent drugs from getting into prisons while, at the same time, continuing to invest in services within prisons to reduce the demand for illicit drugs in the prisoner population as well as meeting prisoners treatment and rehabilitative needs.
Drug users present with multiple and complex problems. The evidence would indicate that a multi-disciplinary approach is needed to effectively care for this group and that maintenance of a personalised therapeutic relationship yields the best outcomes. Prisoners have access to a range of medical and rehabilitative services such as psychosocial services and work and training options which assist in addressing their substance misuse issues.
The Irish Prison Service has committed significant investment in recent years in responding to addiction issues in the prison system. The most significant new development was the awarding of a contract for addiction counselling services to Merchants Quay Ireland. The Addiction Counselling Service is, in conjunction with other developments, now delivering nearly 1000 hours per week of prisoner access to addiction counselling across the prison system.
238 Deputy Catherine Byrne asked the Minister for Justice, Equality and Law Reform the number of mobile telephones seized from prisoners at Mountjoy and St. Patrick’s Institution in 2009 and to date in 2010; and if he will make a statement on the matter. [17684/10]
I wish to advise the Deputy that Section 36 of the Prisons Act, 2007 which makes it an offence for prisoners to have unauthorised possession of or use of mobile telecommunication devices was brought into operation on 1 May, 2007, Under the Act it is also an offence to supply such a device to a prisoner. The penalties for such an offence, on summary conviction, include a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, and on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both. It is Irish Prison Service policy to report and hand over seizures of mobile phones to the Gardaí.
Cell and area searches for contraband such as mobile phones take place in all prisons on a daily basis. These include random, targeted and intelligence led searches. These searches have been particularly effective and local intelligence indicates that the availability of mobile phones has decreased across the prison system. Details of mobile seizures are set out in the table below. For clarity it is important to note that not all of the phones were confiscated directly from prisoners but were instead retrieved at entry point or before they get to the prisoner population. This is as a direct consequence of newly introduced enhanced security measures including airport style scanners and x-ray machines, which are in operation at the entrances of all the relevant closed prisons.
Details of mobile seizures for 2009 and figures to 18 April 2010 are set out in the table.
|
Prison/ Place of Detention |
2009 |
2010 (up to 18 April) |
|
Mountjoy |
904 |
312 |
|
Saint Patrick’s Institution |
121 |
15 |
|
Total |
1,025 |
327 |
239 Deputy Fergus O’Dowd asked the Minister for Justice, Equality and Law Reform the details of any former Government office holder appointed by him in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if he will make a statement on the matter. [17701/10]
I assume the Deputy is referring to former Government Ministers who were subsequently employed by my Department after having departed from the Oireachtas.
In the period in question, three former Ministers took up roles associated with my Department and its agencies. These were Nora Owen, David Andrews and Michael O'Kennedy. Ms. Owen continues to be a member of the Commission for the Support of Victims of Crime while Messrs Andrews and O'Kennedy are members of the Refugee Appeals Tribunal.
The information sought by the Deputy in respect of payments made to the three former Ministers cannot be easily extracted from voluminous records; to do so would require the expenditure of a disproportionate amount of resources.
240 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform if he will have investigations made into the reason a person (details supplied) in Dublin 8 was refused renewal of their visa; if he is satisfied that the reason provided to the person is acceptable; if he will review this case based on the information provided by the person and their employer; and if he will make a statement on the matter. [17725/10]
I am informed by the Irish Naturalisation and Immigration Service (INIS) that the decision to refuse the application by the person referred to by the Deputy is currently under review.
Normally in the case of a renewal of registration for a student, the renewal is subject to the progression of their studies and satisfactory exam results. The INIS has assured me that a request for further documentation and further clarification on this person's current situation will issue shortly.
241 Deputy Willie O’Dea asked the Minister for Justice, Equality and Law Reform when a decision will be reached in respect of a person (details supplied). [17728/10]
The person concerned applied for asylum on 5 September 2005. 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 18 June 2008, 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. She was notified by letter dated 27 May 2009 that her application had been considered in accordance with the Regulations and the Minister had determined that she was not a person eligible for Subsidiary Protection in the State.
Following consideration of her case under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, a Deportation Order was signed in respect of the person concerned on 20 August 2009. This Order was served by letter dated 27 August 2009, requiring the person concerned to present herself at the Offices of the Garda National Immigration Bureau (GNIB) on a specified date and time in order to make travel arrangements for her deportation from the State.
On 15 September 2009, an application under Section 3(11) of the Immigration Act 1999 (as amended), for revocation of the Deportation Order, was received on behalf of the person concerned. This application is under consideration at present and a decision will be issued as soon as possible.
242 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 368 of 2 February 2010, the position regarding an application from a person (details supplied) in County Kildare; and if he will make a statement on the matter. [17740/10]
I refer the Deputy to my detailed reply to his earlier Parliamentary Question, No. 368 of Tuesday, 2 February 2009, in this matter. The position in the State of the person concerned is as set out in thatReply.
243 Deputy Ulick Burke asked the Minister for Justice, Equality and Law Reform the reason for the delay in granting citizenship in respect of a person (details supplied); and if he will make a statement on the matter. [17766/10]
A valid 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 April 2008.
All valid 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 26 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 is ongoing and the file 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.
244 Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [17790/10]
It is understood that the Question refers to section 143 of the Civil Partnership Bill 2009 which provides that, subject to section 40 of the Civil Liability and Courts Act 2004, proceedings shall be heard otherwise than in public. The Act of 2004 allows, for research purposes, certain classes of person to attend family law proceedings that are normally held in camera. The holding of certain proceedings in camera is of long-standing and is with a view to preserving the privacy of the parties who are in dispute.
245 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform if a visa application in respect of a person (details supplied) refused on 7 April 2010 will be reviewed; and if he will make a statement on the matter. [17813/10]
I am informed by the Immigration Division of my Department that the decision to refuse the application by the person concerned for residence in the State based on marriage to an EU National is currently under review. A request for further documents was issued to the legal representatives of the person concerned on the 27th April 2010 and a decision will be issued in writing on receipt of the requested documents.
246 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [17822/10]
Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person concerned.
247 Deputy Willie O’Dea asked the Minister for Justice, Equality and Law Reform when applications for visas will be processed in respect of persons (details supplied); and if he will expedite these applications. [17896/10]
The visa applications referred to by the Deputy were received in the Visa Office Dublin on the 9 April 2010. Visa applications are considered on the basis of the date received and the number of Visa Officers available to process them. In the absence of exceptional circumstances the Visa Office is not in a position to prioritise one particular application over another. Such fast tracking of one particular application could potentially lead to a consequent slow tracking for another. A decision on the applications referred to will be made in due course.
248 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform the cost to the Exchequer of a Garda uniform shirt; and if he will make a statement on the matter. [18041/10]
A contract for the provision of the complete Garda operational uniform was awarded in 2008 following a competitive procurement process. I am advised by the Garda authorities that, for commercial competition reasons, it would not be appropriate to provide details of the cost of an individual Garda uniform shirt under the contract.
249 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 188 of 3 November 2009, if an application in respect of a person (details supplied) in County Kildare will be reinvestigated; and if he will make a statement on the matter. [18076/10]
I have been informed by the Irish Naturalisation and Immigration Service (INIS) that a letter issued to the person referred to by the Deputy on 22 January 2010 requesting documentation and further information but to date a reply is yet to be received. A copy of this letter will be re issued to this person shortly. Upon receipt of the information requested a full review of the case will be made.
250 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 139 of 31 march 2010 that Garda vetting of direct provision employees is being implemented since October 2008, if he will confirm the stage of implementation of each direct provision centre; the centres which have had a comprehensive vetting procedure carried out; when he expects this programme to be fully implemented. [18104/10]
It would not be possible, during the few working days available between the day the question was put down and today, to specially compile the detailed information sought, without the allocation of scarce resources to the task, which could be done only by the re-allocation of such resources from other equally important work, which would not be warranted. However, I can say that the vetting programme is under way and that the process for all contractors will be completed by the end of 2010.
251 Deputy Damien English asked the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation in respect of a person (details supplied); and if he will make a statement on the matter. [18105/10]
Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person concerned.
252 Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 932 of 8 July 2008, the position regarding an application for a certificate of naturalisation in respect of a person (details supplied); the reason this application has not been processed to completion; when the person will expect to be notified of a decision; and if he will make a statement on the matter. [18135/10]
A valid 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 May 2008. All valid 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 26 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 commenced and the file 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.
253 Deputy Andrew Doyle asked the Minister for Justice, Equality and Law Reform the number of temporary closure orders that have been issued for sale of alcohol to children under 18 years since the implementation of the Intoxicating Liquor Acts 2003 and 2004; if any enforcement action has been taken regarding the prohibition of consumption of alcohol by children under 18 years; and if he will make a statement on the matter. [18137/10]
I am informed by the Garda authorities that, since 2003 and up to 28 April, 2010, 210 temporary closure orders have been issued under the Intoxicating Liquor Acts for offences relating to the sale and supply of alcohol to, and consumption by, persons under 18 years of age.
Operation Encounter, was commenced by the Garda Commissioner in February, 2002 to target public disorder and anti-social behaviour against the community and local businesses. The Operation specifically targets offences under the Criminal Justice (Public Order) Act 1996 and the Intoxicating Liquor Act 1988, which include the sale and consumption of alcohol by underage persons. Almost 615,000 offences have been detected since the commencement of Operation Encounter.
All members of An Garda Síochána proactively target public disorder and anti-social behaviour. Areas subject to such behaviour have been identified as hot-spots by local Garda management, and additional foot and mobile patrols are directed at these areas during times when these offences are more likely to occur. All such incidents detected by members on patrol or reported to An Garda Síochána are dealt with immediately and the suspected offenders are dealt with in accordance with the law.
254 Deputy Damien English asked the Minister for Justice, Equality and Law Reform when a decision on naturalisation will be made in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [18155/10]
A valid 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 April 2008.
All valid 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 26 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 commenced and the file 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.
255 Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation in respect of a person (details supplied); and if he will make a statement on the matter. [18166/10]
A valid 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 August 2006.
All valid 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 26 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 is in the final stages and the file will be submitted to me for a decision in 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.
256 Deputy Olwyn Enright asked the Minister for Justice, Equality and Law Reform the position regarding an application in respect of a person (details supplied) in County Laois; and if he will make a statement on the matter. [18172/10]
A valid 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 November 2006.
All valid 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 26 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 is in the final stages of processing 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.
257 Deputy Olwyn Enright asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of a person (details supplied) in County Offaly; and if he will make a statement on the matter. [18173/10]
A valid 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 September 2009.
All valid 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 26 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.
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.
258 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he intends signing amended superior court rules regarding costs of summary judgments in respect of the service of documents through the post or document exchange to the central office of the High Court; and if he will make a statement on the matter. [18183/10]
The position is that, at my request, my Department is in consultation with the Superior Courts Rules Committee and the Courts Service on aspects of the draft Rules of the Superior Court which propose allowing ‘non-personal delivery' of documents to the offices of the High Court.
259 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform if a student who has been here for five years, part of which time was spent in secondary school and part in third level, and whose parents do not live in the EU, can apply for naturalisation; and if he will make a statement on the matter. [18185/10]
In the absence of details relating to a specific case, the Deputy will appreciate that I am unable to provide a definitive response. However, I can advise of the position generally. The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must:
be of full age;
be of good character;
have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years;
intend in good faith to continue to reside in the State after naturalisation;
have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State;
In the context of naturalisation, certain periods of residence in the State are excluded. These include:
periods of residence in respect of which an applicant does not have permission to remain in the State;
periods granted for the purposes of study;
periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.
It is open to the person concerned to lodge an application for a certificate of naturalisation with the Citizenship Division of my Department if and when they are in a position to meet the statutory requirements.
260 Deputy Lucinda Creighton asked the Minister for Justice, Equality and Law Reform the number of departmental staff, including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if he will make a statement on the matter. [18352/10]
I assume that the Deputy is referring to individuals who are in full time employment with my Department who are in receipt of a pension in respect of previous public sector employment. Records in respect of past employment of existing employees are not maintained in such a way as to easily facilitate their extraction from the files of some 2200 staff members.
261 Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of persons (details supplied) in Dublin 24; and if he will make a statement on the matter. [18361/10]
Valid applications for certificates of naturalisation on behalf of the persons referred to in the Deputy's Question were received in the Citizenship Division of my Department in October 2009 & March 2010.
Additional resources have been allocated to the Citizenship Division of my Department in order to reduce backlogs and provide a better quality service to all applicants. This has had a positive impact on processing times and has enabled certain categories of applicant to be dealt with more expeditiously. These include refugees, spouses of Irish citizens and minors. Officials in the Citizenship Division of my Department inform me that processing of each application is in the final stages and the files 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.
262 Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform if there are charges pending regarding the operations of head shops; if so, the length of time since these charges were initiated; and if he will make a statement on the matter. [18364/10]
I am advised by the Garda Commissioner that he has tasked the Garda National Drugs Unit to co-ordinate a national strategic approach to ensure that ‘headshops' do not breach the Misuse of Drugs Acts by selling any banned substances and where appropriate, for proceedings to be considered for any such breaches.
The Garda National Drug Unit in conjunction with District and Divisional drug units are continuing to monitor these outlets and the substances they sell.
In a number of cases to date substances have been seized which are subject of forensic analysis and Investigation Files have also been submitted to the Law Officers for direction.
I have also indicated my intention to bring forward proposals so that the full weight of the criminal law is brought to bear on the activities of ‘headshops'.
263 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform the entitlement of a person (details supplied) in respect of a former spouse’s pension with the Garda Síochána under the 1996 Act whereby the applicant is entitled to the spouse’s element of such a pension; and if he will make a statement on the matter. [18370/10]
My Department has not received any Court Pension Adjustment Order under the terms of the Family Law (Divorce) Act, 1996 that would grant the person in question an entitlement to part of her former spouse's Garda pension.
264 Deputy Fergus O’Dowd asked the Minister for Foreign Affairs the details of any former Government officeholder appointed by him in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if he will make a statement on the matter. [17699/10]
There are currently four bodies, which operate under the aegis of my Department: the Development Education Advisory Committee; the Government Emigrant Services Advisory Committee (previously known as Díon); the Fulbright Commission (The Board of the Ireland — United States Commission for Educational Exchange); and the Audit Committee of the Department of Foreign Affairs. There are no former office holders serving on any of these bodies.
Seven other bodies, which are no longer operating, operated during the period in question: The Hunger Task Force; the Advisory Board for Irish Aid (ABIA); The Irish Aid Advisory Committee (IAAC); the Agency for Personal Service Overseas (APSO); The Irish Refugee Agency; The National Committee for Development Education (NCDE), and The Cultural Relations Committee (CRC).
Having examined the membership of the relevant boards for the period in question I can confirm that 4 former Government Office holders held positions as board members. Details are provided below.
Former Minister for Agriculture, Mr. Joe Walsh was appointed to the Government's Hunger Task Force in the period 2007 and 2008. During that time he received a total payment and expenses of €11,662.
Former Ministers Mr. Desmond O'Malley and Mr. David Andrews and former Minister of State, Mr. Chris Flood served on the Advisory Board for Irish Aid (ABIA). Mr. O'Malley served on the Board from 2002-2005 and both Mr. Flood and Mr. Andrews served on the Board from 2002 until 2008 when the Board's mandate expired. Members of ABIA served in a voluntary capacity and received no payment. Travel and incidental expenses related to Board business were paid directly by the Department of Foreign Affairs to the relevant service providers.
265 Deputy Bernard J. Durkan asked the Minister for Foreign Affairs when a passport will issue in respect of a person (details supplied) in County Kildare who applied for same in February 2010; and if he will make a statement on the matter. [18011/10]
A passport application for the named person was registered with the Passport Office in Molesworth Street on 11 March, 2010. It was received through the ordinary post services which, due to the effects of industrial action, are currently being processed within six to eight weeks.
Applications are routinely processed on a first come first served basis and the application in question will be processed this week. Priority is given to applications where there are serious humanitarian issues involved.
266 Deputy Bernard J. Durkan asked the Minister for Foreign Affairs when a passport will issue in respect of a person (details supplied); and if he will make a statement on the matter. [18012/10]
A passport application for the named person was registered with the Passport Office in Molesworth Street on 27 April, 2010. As a direct result of industrial action, significant arrears of passport applications have arisen within the passport service. It is presently taking up to twenty working days to process Passport applications received through the Passport Express service. As applications, other than those that are prioritised on the basis of demonstrable urgent humanitarian need, are being processed on a first come first served basis, the application in question will not be processed until the later half of May. Every effort is being made to reduce the waiting time for applications, pending the resolution of the industrial action which is preventing the recruitment of temporary staff to address the seasonal surge in demand for passports.
267 Deputy Finian McGrath asked the Minister for Foreign Affairs if the information (details supplied) is accurate regarding China. [18044/10]
As has been reported in this House on many previous occasions, human rights issues in China, including issues relating to Falun Gong, are regularly discussed on a bilateral basis with the Chinese Government, both in Beijing and in Dublin. The Government continues to stress at such meetings the great importance attached by Ireland to human rights, fundamental freedoms and the rule of law, and to urge the Chinese authorities to ratify the International Covenant on Civil and Political Rights (ICCPR). Most recently, a detailed discussion on human rights issues took place at political consultations between Ireland and China in Beijing on 8 April last.
Human rights issues also continue to be a constant and important point of dialogue with the Chinese authorities for the European Union, through the framework of the EU-China Human Rights Dialogue. This broad-ranging dialogue has allowed the EU to engage with China on issues such as freedom of expression, the death penalty, the independence of the judiciary, prison conditions, freedom of religion and minority rights. The last session of the Dialogue took place on 20 November last, also in Beijing. A date for the next session has not yet been set.
The Government remains deeply concerned about the treatment of Falun Gong practitioners in China and questions in this regard — including specific cases — are raised with the Chinese authorities both within the context of our own discussions with them and through the EU-China Human Rights Dialogue. We have taken very seriously allegations which have been made in the past claiming that live organs have been harvested from Falun Gong practitioners in detention. Extensive enquiries on this issue were made by my Department within the EU and UN frameworks in 2006/7, as well as through our Embassy in Beijing and with a variety of human rights organisations. Enquiries were also addressed to the Chinese authorities. At that time, we failed to identify sufficient reliable and independent evidence to substantiate the allegations, but the matter has been kept under review.
The most recent allegations to which the Deputy refers relate to the alleged execution of prisoners, including Falun Gong practitioners, Tibetans, Christians and Uighurs and the harvesting of their organs for sale. These are allegations of the most serious kind and I have instructed officials in my Department to try to establish whether or not they can be substantiated.
268 Deputy Seán Power asked the Minister for Foreign Affairs his views on whether membership of the Schengen Agreement would bring enormous benefits to our country; if serious consideration will be given to signing this agreement; and if he will make a statement on the matter. [18127/10]
As the lead responsibility for matters related to the Schengen Agreement falls to my colleague the Minister for Justice and Law Reform, I draw the Deputy's attention to the relevant sections of a reply to a written Parliamentary Question (17451/10), which the Minister for Justice and Law Reform provided on Thursday, 29 April 2010. The text of the relevant sections of his reply to Parliamentary Question 17451/10 is attached below, for ease of reference:
"The Schengen Convention is an agreement among European States which provides for the abolition of systematic border controls between participating States and a common Schengen visa which allows tourist access to the area. The agreement also provides for the development of enhanced cooperation in relation to law enforcement matters and judicial cooperation.
Ireland has successfully applied to take part in certain elements of the Schengen agreement, including police cooperation, mutual assistance in criminal matters, extradition and drugs cooperation. These provisions will come into effect only after a range of technical and legislative measures have been put in place and successfully evaluated by the Council. Ireland has not, however, applied to participate in the Schengen arrangements to the extent that they deal with the abolition of border checks or common visa provisions. This decision has been taken to maintain the Common Travel Area (CTA) with the United Kingdom. As the Deputy will be aware, the UK elected not to participate in the borders aspects of Schengen.
The operation of the CTA facilitates nationals of the United Kingdom of Great Britain and Northern Ireland and Irish nationals moving around freely between the two States. The CTA could not continue to operate if Ireland were to remove border checks with Schengen States generally while the United Kingdom did not do so. To do so would result in a situation where the land border with Northern Ireland would become the border between the Schengen area and the United Kingdom.
Given the importance of maintaining the Common Travel Area, I cannot envisage a situation where Ireland would change its position unilaterally in relation to participation in the Schengen borders arrangements. The focus for the foreseeable future is in maximising the effectiveness of the Common Travel Area through mutual co-operation. Ireland and the UK maintain a close and ongoing working relationship in this regard and a number of matters are kept under review, including security, information exchange, visas and operational co-operation."
269 Deputy Leo Varadkar asked the Minister for Foreign Affairs if the charity ICROSS has received funding from the State; if it was audited; if there are plans to recoup any of these funds in view of the allegations of misuse of funds by a charity boss in Kenya; and if he will make a statement on the matter. [18181/10]
Cooperation with development Non-Governmental Organisations (NGOs) is a key element in the Government's aid programme, which is managed by Irish Aid in the Department of Foreign Affairs. The overarching goal of the aid programme is to contribute to the reduction and eventual eradication of global poverty and hunger. In this effort, we attach great importance to the role Irish NGOs are playing internationally in promoting good governance, transparency and accountability. It is clearly essential that the organisations involved must themselves operate at all times to the highest standards.
The International Community for Relief of Starvation and Suffering (ICROSS) was founded in Kenya in 1978 by a number of doctors from the Royal College of Surgeons in Ireland. ICROSS Ireland was established in 1979 as a funding centre for ICROSS Kenya. There has been considerable media coverage in recent weeks of allegations about the operation of the charity ICROSS Kenya.
Since 2000, Irish Aid has provided a total of €453,788 to ICROSS Ireland for four health care and HIV and AIDS projects in Kenya, implemented by ICROSS Kenya. The breakdown of the funding provided is as follows:
2000 — €69,836; 2002 — €20,000; 2004 — €137,988; 2005 — €225,964
Following allegations of mismanagement within ICROSS in Kenya in 2006, Irish Aid carried out an investigation and sought additional detailed financial statements from ICROSS Ireland. As is normal practice during such investigations, Irish Aid suspended funding to ICROSS Ireland. A team from the Irish Aid Evaluation and Audit unit examined the financial statements in detail and travelled to Kenya in 2007 to carry out an audit and governance review.
The Evaluation and Audit unit were unable to establish assurance and verification of appropriate spending for the amount of €97,000 from the total allocations from Irish Aid to the charity. As a result, Irish Aid requested and received from ICROSS Ireland a full reimbursement of this amount. No further funding has been provided to ICROSS, which has not implemented a set of recommendations made by Irish Aid to improve governance and financial oversight at the charity.
I want to assure the Deputy that any allegation of the misuse of public funds is taken very seriously by Irish Aid. All allegations are fully investigated and appropriate actions taken to ensure that funds are either fully accounted for or recovered as necessary. Irish Aid has a code of practice for dealing with suspected fraud in partner organisations which is acted upon immediately.
The Irish development NGOs have a very strong and well-earned reputation internationally for their professionalism and their effectiveness. The situation at ICROSS is extremely disappointing, but I want to emphasise that it is not reflective of the operation of Irish NGOs more generally.
270 Deputy Lucinda Creighton asked the Minister for Foreign Affairs the number of departmental staff, including political staff and special advisers, who are in receipt of pensions on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if he will make a statement on the matter. [18350/10]
There are seven employees in my Department who are in receipt of pensions relating to their previous service in the public sector. Details of the salary scales of the staff in question are given in tabular format.
|
Grade |
Salary Scale (per week) |
Number in receipt of pension |
|
Services Officer |
€398.74 — €531.61 (non-PPC) |
5 |
|
€416.49 — €559.23 (PPC) |
||
|
Civilian Driver |
€631.75 |
2 |
My Department cannot provide information on the value of pension payments to individual officers as this is a matter for the Department of Finance. Personal Pension Contribution (PPC) scales apply where officers were employed since 6 April 1995, pay the class A rate of PRSI and make a personal pension contribution.
271 Deputy Fergus O’Dowd asked the Minister for Tourism, Culture and Sport the details of any former Government office holder appointed by her in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if she will make a statement on the matter. [17705/10]
Since the establishment of this Department formerly the Department of Arts, Sport and Tourism in mid 2002 the following former Government office holders have been appointed by Ministers to the following bodies under the aegis of the Department:
|
Name of appointee |
Position |
Term of Office |
|
Mr Peter Barry |
Board member of the National Museum of Ireland |
5 years from 3 May 2005. Mr Barry resigned on 18th October 2007 |
|
Mr Gerard Collins |
Board member of the National Museum of Ireland |
5 years from 3 May 2005 |
|
Mr David Byrne |
Chairman of the board of the National Concert Hall |
5 years from 1 June 2006 |
The bodies in question are category 4 bodies and the relevant fees are as follows:
|
Date |
Chairman |
Member |
|
€ |
€ |
|
|
June 2002 to end December 2005 |
7,618 |
5,079 |
|
1 January 2006 to 30 April 2009 |
10,500 |
7,000 |
|
1 May 2009 to 31 December 2009 |
9,450 |
6,300 |
|
1 January 2010 to date |
8,978 |
5,985 |
No additional benefits apply. The payment of expenses to chairpersons and members of boards is a day to day matter for each body in line with Department of Finance guidelines.
272 Deputy Billy Timmins asked the Minister for Tourism, Culture and Sport the number of registered bed nights in counties Kerry, Galway, Donegal, Wicklow and Carlow; the resulting revenue generated; and if she will make a statement on the matter. [18079/10]
The collection of statistics is a matter for the Central Statistics Office which falls under the aegis of the Department of the Taoiseach. In accordance with the provisions of Section 8(1) of the National Tourism Development Authority Act 2003 it is a day to day matter for the National Tourism Development Authority — Fáilte Ireland — to promote and engage in research and planning in relation to encouraging, promoting and supporting the development of tourist traffic within and to the State. In that context, Fáilte Ireland compile estimates of overseas visitors by county based upon the CSO statistics and Fáilte Ireland surveys. Similar figures for domestic bed nights and revenue are compiled by Fáilte Ireland on a regional basis but are not broken down by county. I have asked Fáilte Ireland to correspond directly with the Deputy in relation to the information requested.
273 Deputy Lucinda Creighton asked the Minister for Tourism, Culture and Sport the number of departmental staff including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if she will make a statement on the matter. [18355/10]
I understand the Deputy to be referring to the employment of retired public servants as part of the staffing of the Department, including political staff and special advisers. The specific information requested is not available for all departmental staff as records of past employments of new recruits are not captured in such a way as to provide a dedicated basis for compiling the information requested by the Deputy. However, I can confirm that none of my political staff or my special adviser are currently drawing down pension payments on foot of previous public sector employment.
Retired public servants are occasionally engaged by the Department for specific tasks or projects. Such engagements are normally remunerated on a fee basis where provision exists for the fees to be abated, where appropriate, by reference to pension payments.
274 Deputy Joe McHugh asked the Minister for Community, Rural and Gaeltacht Affairs if he will advise a community organisation (details supplied) that will celebrate its 100th anniversary on 25 June 2010 of funding avenues that are open to it; if he will describe each of these funding options briefly; the details for pursuing these [18042/10]
While my Department has provided certain funding to the organisation referred to by the Deputy, this funding is restricted to a contribution towards the cost of engaging two staff for the project in question and a small overhead grant. Regrettably, support under the relevant programme of my Department does not extend to celebrations such as those referred to.
275 Deputy Fergus O’Dowd asked the Minister for Community, Rural and Gaeltacht Affairs the details of any former Government office holder appointed by him in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if he will make a statement on the matter. [17693/10]
No such appointments have been made by me, or by my predecessor, since the establishment of the Department of Community, Rural and Gaeltacht Affairs in June 2002.
276 Deputy Pádraic McCormack asked the Minister for Community, Rural and Gaeltacht Affairs when he proposes to have elections to the Board of Údarás na Gaeltachta; when the term of the current board expires; and if he will make a statement on the matter. [17777/10]
The last Údarás na Gaeltachta elections were held on 2 April 2005. In order to comply with the provisions of the existing legislation governing an tÚdarás, the next elections must be held on a date between 1 April 2009 and 1 October 2010. Due to the ongoing work in relation to the draft 20 Year Strategy for the Irish Language and the possible implications for the functions of An tÚdarás, I am not yet in a position to make a decision with regard to a date for the next elections. However, I am examining the case at present for bringing a Bill before the House with a view to extending the term of office of the currently elected members. The Deputy may wish to note that I recently re-appointed three Údarás members, including the Chairperson, whose terms of office were due to expire on 18 April 2010, for a further three year period to 18 April 2013.
277 Deputy Róisín Shortall asked the Minister for Community, Rural and Gaeltacht Affairs if, in view of the fact that the scheme of community support for older people is due to cease on 21 May 2010, he will provide details for the proposed new senior alert scheme which is due to replace this existing valuable scheme. [17854/10]
The Deputy will be aware that, in 2009, my Department reviewed the operation of the Scheme of Community Support for Older People (CSOP), which resulted in a decision that a new grant scheme be put in place. I am pleased to announce that the new scheme — to be known as Seniors Alert — will become operational from 24 May next. While the specific details of the new scheme are currently being finalised, a number of the recommendations arising from the review are being taken on board.
I will be announcing more details of the scheme in the coming weeks. Copies of the Review of the CSOP and further information on the new scheme will be available from my Department and will be also be published on my Department's website (www.pobail.ie) in the coming weeks. In the meantime, my Department will be processing all applications received up to 21 May under the existing CSOP scheme.
278 Deputy Dan Neville asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding the introduction of RAPID programme in Rathkeale, County Limerick. [17855/10]
As the Deputy is aware, Rathkeale was one of five new towns designated as part of the RAPID Programme by a Government decision on 26 May 2009.
At present, Rathkeale has a Taskforce in place made up of members of local State agencies, as well as community representatives. This Taskforce is in the process of becoming the RAPID Area Implementation Team for Rathkeale.
My Department is making €250,000 available to Rathkeale from Dormant Accounts funding to be used on small infrastructural products over the next two years. I am also pleased that Limerick County Council has appointed a co-ordinator with responsibility for RAPID in Rathkeale.
279 Deputy Arthur Morgan asked the Minister for Community, Rural and Gaeltacht Affairs his plans for the two community development projects (details supplied) in the Donegal Gaeltacht in view of the fact that proposals have been submitted to his Department; and if he will make a statement on the matter. [18077/10]
As the Deputy will be aware, my predecessor, Minister Éamon Ó Cuív, T. D., announced in December 2009 that he was initiating a comprehensive review of the funding and structure of community-based, State-funded organisations in the Gaeltacht. The aim of the review is to provide for realigned and restructured State-funded groups with a role in language planning, community development, enterprise development and social inclusion.
The realignment will cover community organisations funded by my Department and Údarás na Gaeltachta. It is intended that the various Gaeltacht areas, including the areas covered by the community development projects referred to by the Deputy, will be served by a principal community-based organisation. This will facilitate a more co-ordinated and cohesive delivery of services to Gaeltacht communities. There will be particular emphasis on language planning initiatives at community level, in line with proposals contained in the Draft 20-year Strategy for the Irish language, which is currently being reviewed by the Joint Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs.
Consultation with the existing State-funded groups will take place during 2010, prior to any change being implemented.
Both of the projects referred to by the Deputy have been offered temporary contracts of funding under the new Local and Community Development Programme (LCDP) until such time as the review of State-funded community organisations in Gaeltacht areas is completed. Officials from my Department have been in contact with — and also recently met — representatives of the groups concerned regarding proposals submitted by them for an alternative LCDP integration model, which included the non-Gaeltacht areas. However, these proposals do not meet my Department's requirements for either the Gaeltacht or the non-Gaeltacht areas.
280 Deputy Brian O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs the proposals he has to commission the Economic and Social Research Institute, An Coimisinéir Teanga or other research institute to establish the extent of public money being spent on the maintenance and development of the Irish language across the State and public sector to establish the objective of each programme; the extent to which objectives are being achieved; and if he will make a statement on the matter. [18169/10]
I refer the Deputy to my reply to Questions 19, 32 and 46 of 1 April 2010.
As I indicated in that reply, the draft 20-Year Strategy for Irish has been published and referred to the Joint Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs. I look forward to the opportunity to receive the outcome of the Committee's deliberations in due course. Once I have received the Committee's views, I hope to bring the draft Strategy to Government for approval as soon as possible thereafter.
The initial phase of the Strategy will focus on putting in place practical implementation and co-ordination arrangements, including the effective alignment of resources with strategic goals and arrangements for ongoing monitoring and evaluation. In that context, proposals of the nature referred to by the Deputy would not be considered a priority at this time.
281 Deputy Lucinda Creighton asked the Minister for Community, Rural and Gaeltacht Affairs the number of departmental staff, including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if he will make a statement on the matter. [18344/10]
I understand the Deputy to refer to the employment of retired public servants as part of the staffing of my Department, including political staff and special advisors. Records of past employments of new recruits are not captured in such a way as to provide a dedicated basis for compiling the information requested by the Deputy. Accordingly, the specific information requested is not available.
Retired public servants are, however, engaged by my Department from time to time for specific tasks or projects. Such engagements are normally remunerated on a fee basis (provision exists for fees to be abated, where appropriate, by reference to pension payments) but in some cases, indeed, retired public servants have provided their services without any additional remuneration.
282 Deputy Dan Neville asked the Minister for Social Protection the position regarding an application for mortgage interest subsidy payments in respect of persons (details supplied) in County Limerick; and if he will make a statement on the matter. [17634/10]
Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.
283 Deputy Dan Neville asked the Minister for Social Protection the position regarding an application for supplementary welfare assistance on their mortgage in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [17635/10]
Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.
284 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection his plans to introduce a gender recognition Bill, as promised in the renewed programme for Government 2009; the reason this Bill does not appear on the legislative programme; when it will be introduced; and if he will make a statement on the matter. [17831/10]
The Renewed Programme for Government published in October 2009 contains a commitment to introduce legal recognition of the acquired gender of transsexuals. An interdepartmental committee is being established with the following terms of reference:— "To advise the Minister for Social Protection the legislation required to provide for legal recognition of the acquired gender of transsexuals. In particular to propose heads of a bill to provide for:—
the establishment of a process for legal recognition of the acquired gender of persons suffering from Gender Identity Disorder who have made the transition from one gender to another;
the establishment of a gender recognition register;
the granting of entitlement to marry in the legally recognised reassigned gender; and
any other provisions as may be deemed necessary consequent on the main provisions of the Bill."
The committee is made up of representatives of various Departments and Offices of State and will have its first meeting on Thursday, 6 May 2010. It is envisaged that the committee, as part of its deliberations, may invite submissions from interested groups, experts in the field and the public. I would expect that the committee will make its recommendations within a period of about 6 months. It is not possible at this early stage to say when the resulting proposals will be included in the legislative programme, or indeed, when a bill will be introduced. I would, however, assure the Deputy that the matter will be treated as a priority by the Department when the deliberations of the committee are finalised.
285 Deputy Ciarán Lynch asked the Minister for Social Protection the grounds on which rent supplement was discontinued in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [17604/10]
Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.
286 Deputy Willie O’Dea asked the Minister for Social Protection when the appeal for disability allowance will be heard in respect of a person (details supplied) in County Limerick. [17606/10]
The Social Welfare Appeals Office has advised me that the relevant Departmental papers and comments of the Department have been received and the case will be referred to an Appeals Officer for consideration.
The Social Welfare Appeals Office functions independently of the Minister for Social and Family Affairs and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
287 Deputy Joan Burton asked the Minister for Social Protection the position regarding the implementation of the employer job PRSI incentive scheme; and if he will make a statement on the matter. [17612/10]
Full details of the Employer Job (PRSI) Incentive Scheme, including the application procedure, will be announced shortly. It will be administered by the Department of Social and Family Affairs.
The scheme will run for the calendar year 2010 only. However, any qualifying employment created in 2010 will be eligible for the scheme, which will be structured so that employment created prior to the launch can participate for 12 months forward from the time of launch and employment created later in the year will participate for 12 months to the corresponding date in 2011.
288 Deputy Ciarán Lynch asked the Minister for Social Protection if he will facilitate an oral hearing at the earliest possible date regarding an appeal for carers’ allowance in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [17626/10]
The Social Welfare Appeals Office has advised me that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing in the case. The person concerned will be notified when the necessary arrangements have been made.
The Social Welfare Appeals Office functions independently of the Minister for Social and Family Affairs and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
289 Deputy Dan Neville asked the Minister for Social Protection when an application for domiciliary care will be processed in respect of a person (details supplied) in County Limerick. [17630/10]
An application for domiciliary care allowance was received by the Department on 25 March 2010. This application together with medical reports has been forwarded to one of the Department's Medical Assessors for a medical opinion on the case. Currently it takes some section eight weeks to process an application.
290 Deputy Ciarán Lynch asked the Minister for Social Protection the reason fuel allowance is not granted in conjunction with illness benefit but is allowed in conjunction with jobseeker’s allowance; his plans to correct this anomaly; and if he will make a statement on the matter. [17665/10]
The fuel allowance scheme assists householders on long-term social welfare or Health Service Executive (HSE) payments with meeting the cost of their heating needs during the winter season. Fuel allowance is paid for 32 weeks from end-September to end-April each year. The allowance represents a contribution towards a person's normal heating expenses. It is not intended to meet those costs in full. The current rate of fuel allowance is €20 per week (€23.90 in smokeless areas).
The main conditions are that a person must be in receipt of a qualifying payment, must satisfy a means test and must either be living alone or with other qualified people.
People in receipt of short-term social welfare payments such as jobseeker's benefit, ‘short-term' jobseeker's allowance (i.e. less than 13 weeks), illness benefit or occupational injuries benefit are not eligible to receive a fuel allowance. Subject to qualifying conditions, there are special arrangements in place to pay the smokeless fuel allowance (€3.90 per week) to people who live in one of the designated urban smokeless fuel areas and who have been receiving one of these social welfare payment types for 13 weeks or more.
Individuals who are in receipt of long-term jobseeker's allowance (15 months or more) are eligible to apply for a standard fuel allowance.
Any changes to the fuel allowance scheme, such as allowing eligibility to people on short-term social welfare schemes, would have significant cost implications and would have to be considered in a budgetary context and in the light of resources available for improvements in social welfare generally.
291 Deputy Fergus O’Dowd asked the Minister for Social Protection the details of any former Government office holder appointed by him in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if he will make a statement on the matter. [17702/10]
The three statutory bodies operating under the aegis of the Department are the Pensions Board, the Citizens Information Board and the Social Welfare Tribunal. In addition, the Pensions Ombudsman comes under the remit of the Department.
With effect from 1 May 2010 the Family Support Agency became the responsibility of the Minister for Community, Rural and Gaeltacht Affairs.
The details requested are as follows:
|
Michael O'Kennedy (Chairperson from 06/05/03 to date) |
|||
|---|---|---|---|
|
Year |
Board Fees |
Travel + Subsistence |
Additional Benefits |
|
€ |
€ |
||
|
2003 |
4,981.29 |
494.25 |
n/a |
|
2004 |
7,618.43 |
122.31 |
n/a |
|
2005 |
7,618.43 |
2,223.42 |
n/a |
|
2006 |
10,500.00 |
4,560.08 |
n/a |
|
2007 |
10,500.00 |
6,394.40 |
n/a |
|
2008 |
10,500.00 |
7,576.22 |
n/a |
|
2009 |
9,793.24 |
4,557.85 |
n/a |
|
2010 |
2,362.50 |
1,678.47 |
n/a |
292 Deputy Jack Wall asked the Minister for Social Protection the reason persons (details supplied) have only being awarded a single person’s rent supplement; and if he will make a statement on the matter. [17706/10]
Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.
293 Deputy Jack Wall asked the Minister for Social Protection the position regarding an application for an exceptional needs payment from the community welfare officer in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [17724/10]
Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.
294 Deputy Jack Wall asked the Minister for Social Protection the reason a person (details supplied) in County Kildare was refused basic supplementary welfare payment; and if he will make a statement on the matter. [17729/10]
Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.
295 Deputy Ciarán Lynch asked the Minister for Social Protection when a decision will issue regarding an application for domiciliary care allowance in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [17730/10]
An application for domiciliary care allowance was received by the Department on 19 th March 2010. This application together with medical reports has been forwarded to one of the Department's Medical Assessors for a medical opinion on the case. Currently it takes some eight weeks to process an application.
Where a person is not satisfied with the decision of a Deciding Officer he/she may appeal the decision to the Social Welfare Appeals Office.
297 Deputy Olwyn Enright asked the Minister for Social Protection when an appeal for mortgage interest supplement will be processed in respect of a person (details supplied) in County Offaly; and if he will make a statement on the matter. [17744/10]
Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.
298 Deputy Joe Carey asked the Minister for Social Protection the numbers of persons in Clarecastle, County Clare in receipt of social welfare assistance including jobseeker’s benefit, jobseeker’s assistance, farm assist, disability benefit, one parent family allowance, carer’s allowance, carer’s benefit, illness benefit and widower’s benefit; and if he will make a statement on the matter. [17747/10]
The information requested by the Deputy relating to the number of persons in Clarecastle, Co. Clare in receipt of social welfare payments, in so far as it is available, is set out in the table.
|
Scheme |
Number in Clarecastle |
|
Jobseeker’s Benefit* |
1,695* |
|
Jobseeker’s Allowance* |
3,624* |
|
Farm Assist* |
117* |
|
One Parent Family Payment* |
3,036* |
|
Carer’s Allowance |
19 |
|
Carer’s Benefit |
2 |
|
Illness Benefit |
46 |
|
Widow(er)’s Contributory Pension |
58 |
*The Social Welfare Local Office that deals with the Clarecastle area is Ennis, County Clare and the numbers given relate to all claims, currently in payment, which are handled by that office and not just those for the Clarecastle area. Data for this specific area are not available.
299 Deputy Brian O’Shea asked the Minister for Social Protection his plans to increase the rate of qualified adult dependant payment for persons who are in receipt of a reduced rate of pension; and if he will make a statement on the matter. [17752/10]
Social welfare rates for 2011, including all rates of increases for qualified adults, will be considered later this year in the context of next year's Budget preparations, having regard both to needs and to the resources available to meet those needs.
300 Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection the reason for the delay in processing an appeal of the decision to deny disability allowance in respect of a person (details supplied) in County Monaghan; if he will ensure that this appeal, which was sent to a deciding officer on 18 January 2010, is processed. [17754/10]
The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned has been referred to an Appeals Officer for consideration.
There has been a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. There has been an increase of a further 46% in the number of appeals received in the first quarter of 2010. These increases have caused delays in the processing of appeals.
The Social Welfare Appeals Office functions independently of the Minister for Social and Family Affairs and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
301 Deputy Ulick Burke asked the Minister for Social Protection if he will ask the Health Service Executive to reconsider the restrictive criteria imposed on the community welfare officers who are administering the humanitarian funds to flood victims in South Galway and Ballinasloe recognising that to date only €1.1million of the €10 million originally allocated has been given to support households affected; if the outstanding remainder will not be returned unspent to the Exchequer while hardship still exists; and if he will make a statement on the matter. [17763/10]
The income test applied to the humanitarian aid scheme is designed to ensure that individuals and families with average levels of income will qualify for assistance. Applications under the scheme are income tested to determine the household's capacity to meet the costs of restoring their home to a habitable condition and to ensure that available assistance is prioritised for those who are most vulnerable.
All household income is considered when determining entitlement to payment and detailed guidelines have been provided to the HSE in that regard. These guidelines also contain a list of the type of goods/appliances that are generally covered by the scheme and what replacement value should typically be attributable to each item. This list is not exhaustive and is intended as a guide only. The income test and guidelines simplify the assessment process and to allow for the speedy processing of applications.
The level of payment available under the aid scheme to any qualified individual depends on the severity of the damage to that person's home and the extent of the loss experienced as well as household income and general family circumstances. The Community Welfare Service has full discretion to make payments at a higher level than a strict application of the income test would warrant in any individual case where it considers it appropriate to do so.
In conclusion, I would point out that the scheme has two objectives. Firstly, it provided financial and other assistance, without an income test, in the immediate aftermath of last November's flooding. Secondly, it provides income tested financial support for the replacement of essential household items and home repairs in cases not covered by insurance. I am satisfied that the scheme has met both of these objectives, bearing in mind that the scheme provides hardship alleviation as opposed to full compensation. Nobody has been refused support for the replacement of essential household items or for the repair of their home in cases not covered by insurance. In total, only six claims have been refused, none of which was because of household income, and there is no question of refusing to make a payment in any case where hardship still exists.
302 Deputy Brian Hayes asked the Minister for Social Protection if a student who completes a level seven undergraduate course in 2009-10 and wants to carry on to a level eight undergraduate course, will retain both the back to education allowance and grant; and if he will make a statement on the matter. [17774/10]
303 Deputy Brian Hayes asked the Minister for Social Protection if he will clarify the situation facing mature students who, when they started their course, were promised that they would be able to complete the three years to gain a degree, and not a certificate, in view of the fact that these students have now been told that they will be treated as new students after two years and are not eligible for back to education allowance or a vocational education committee grant; and if he will make a statement on the matter. [17775/10]
I propose to take Questions Nos. 302 and 303 together.
For the purpose of the Back to Education Allowance, the duration of a course is that which is specified in the course description submitted with the application. This may be one, two, three or four years and the allowance is awarded for the specified period. A person who avails of the Back to Education Allowance to complete a level 7 course can subsequently avail of the allowance to undertake an approved level 8 course subject to compliance with the qualifying conditions. BTEA participants who are progressing to the next year of their course or who are progressing from one level of qualification to the next, at second or third level, will have their BTEA re-instated from the commencement of the new academic year provided they supply written confirmation from the college that they are registered as full-time day students for the new academic year and comply with the conditions of the scheme. My colleague, the Minister for Education and Science, deals with the student maintenance grant schemes, including the definition of a new course for the purpose of these schemes.
304 Deputy Billy Timmins asked the Minister for Social Protection the position regarding a carer’s allowance appeal in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [17781/10]
I am informed by the Social Welfare Appeals Office that an appeal for the person concerned hasn't been registered. However, because of the large number of appeals currently being lodged, there is a backlog in the Office in registering appeals. If the appeal has been submitted in recent weeks the appeal will be registered and acknowledged in due course. The Chief Appeals Officer has assured me that all appropriate measures are being taken to address this backlog in registration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
305 Deputy Jack Wall asked the Minister for Social Protection the position regarding an appeal against the decision to refuse their application for clothing allowance in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [17789/10]
Due to staff action currently being taken in the HSE, I regret that I am unable to provide the information sought by the Deputy.
306 Deputy Paul Connaughton asked the Minister for Social Protection the position regarding a carer’s allowance appeal in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [17848/10]
I am informed by the Social Welfare Appeals Office that an appeal for the person concerned has not been registered. However, because of the large number of appeals currently being lodged, there is a backlog in the Office in registering appeals. If the appeal has been submitted in recent weeks, the appeal will be registered and acknowledged in due course. The Chief Appeals Officer has assured me that all appropriate measures are being taken to address this backlog in registration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
307 Deputy Finian McGrath asked the Minister for Social Protection if he will support the case of a person (details supplied) in County Dublin. [18005/10]
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision. The person concerned has been notified of the decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
308 Deputy Joan Burton asked the Minister for Social Protection the current balance in the social insurance fund; the balance at end 2006, 2007, 2008 and 2009; the income and expenditure of the social insurance fund for each of the years 2006, 2007, 2008 and 2009, including a breakdown of these incomes and expenditures into their constituent parts; and if he will make a statement on the matter. [18022/10]
The accounts of the Social Insurance Fund are published annually and provide details of receipts and expenditure, assets and liabilities for each year respectively. The accounts for 2009 have not been finalized and the details provided are those published in the Revised Estimates on 18th February last. Details of the 2007 and 2008 accounts are available on the Department's website under financial statements publications. A hard copy of the 2006 Social Insurance Fund account is available in the Dáil library. A summary of these details is shown as follows.
|
2006 |
2007 |
2008 |
2009 Provisional |
|
|
€ Million |
€ Million |
€ Million |
€ Million |
|
|
Income |
||||
|
PRSI |
6,921,222 |
7,722,010 |
7,984,182 |
7,171,100 |
|
Investment Income |
53,084 |
112,049 |
160,209 |
132,977 |
|
Other |
105 |
88 |
19 |
19 |
|
Total |
6,974,411 |
7,834,147 |
8,144,410 |
7,304,096 |
|
Expenditure |
||||
|
Scheme |
-6,103,870 |
-7,008,279 |
-8,141,959 |
-9,465,415 |
|
Administration |
-221,684 |
-242,711 |
-257,780 |
-281,423 |
|
Total |
-6,325,554 |
-7,250,990 |
-8,399,739 |
-9,746,838 |
|
Surplus/Deficit |
648,857 |
583,157 |
-255,329 |
-2,442,742 |
|
Opening Acc Surplus Transferred to Exchequer |
2,400,284 |
3,049,141 |
3,632,298 |
3,376,969 |
|
Closing Acc Surplus |
3,049,141 |
3,632,298 |
3,376,969 |
934,227 |
For 2010, provision is made for expenditure of nearly €9.559 billion and receipts of €9.073 billion. This will be funded from the balance on the SIF and an Exchequer subvention from Vote 38.
309 Deputy Róisín Shortall asked the Minister for Social Protection his proposals to amend current rules in relation to working while receiving a State pension; and if proposals are envisaged in conjunction with the proposals to raise the State pension age. [18038/10]
There are three types of State pension, State pension (contributory), State pension (non-contributory) and State pension (transition). The State pension (transition) is paid to people at age 65 for one year provided they cease working. This is defined as not earning less than €38 per week. The State pension (contributory) is paid to people who are 66 years or over who meet the qualifying contributions for the pension. There is no restriction on them working while receiving this pension. The State pension (non-contributory) is a means based pension payable to those over 66 years. It features an employment earnings disregard incentive of €200 per week for those who wish to earn extra income.
In the context of an ageing population, with projections suggesting that there will be less than two people of working age to every person aged 65 or over in the middle of century (compared to almost six people of working age today), more emphasis will be placed upon retaining older workers in the labour force. Over the next 10 years, the number of people over the age of 65 is expected to increase by almost 60 per cent, while, by 2050, it is expected to have trebled, from some 450,000 to 1.5 million. Therefore, as announced as part of the National Pensions Framework, the state pension age will be increased gradually to 68 years. This will begin in 2014 with the removal of the State Pension (Transition), thereby standardising State pension age at 66. State pension age will be increased to 67 years in 2021 and to 68 in 2028.
The increase in retirement age will assist in dealing with the future sustainability of the pensions system and also recognises that people are living longer and healthier lives. A technical implementation group chaired by my Department has been established to develop the legislative, regulatory and administrative infrastructure required to put the necessary reforms into operation.
310 Deputy Damien English asked the Minister for Social Protection when a decision will issue on a jobseeker’s allowance appeal in respect of a person (details supplied); the reason for the delay; and if he will make a statement on the matter. [18143/10]
I am informed by the Social Welfare Appeals Office that an appeal for the person concerned hasn't been registered with the Social Welfare Appeals Office. An appeal was lodged with the Social Welfare Local Office on 30 March 2010. However, because of the large number of appeals currently being lodged, there is a backlog in the Office in registering appeals. The Chief Appeals Officer has assured me that all appropriate measures are being taken to address this backlog in registration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
311 Deputy Damien English asked the Minister for Social Protection when an inspector will assess a carer’s allowance application in respect of a person (details supplied); the reason for the delay; and if he will make a statement on the matter. [18144/10]
On 9 September 2009, following investigation by an investigative officer of the Department, the carer's allowance of the person concerned was stopped as he was not residing at his stated address. The person concerned then contacted the Department to notify us of his new address. Accordingly, the case was referred to an investigative officer in the new location for means assessment and confirmation that the conditions necessary for receipt of the allowance are satisfied. The Investigative officer will call to the person concerned within the next 2 weeks and following on completion of the necessary investigations, a decision will be made and he will be notified directly of the outcome.
312 Deputy Damien English asked the Minister for Social Protection when a decision will issue on an application for jobseeker’s allowance in respect of a person (details supplied); the reason for the delay; and if he will make a statement on the matter. [18145/10]
The person in question made a claim for Jobseeker's Allowance on 4 August 2009 in Trim Branch Office. The claim has been awarded and is in payment. He received an arrears payment of €5,416.20 on 21 April 2010. The balance of the arrears, amounting to €3,502.80, will issue on 11 May 2010. His payment is €275.70 per week.
The reason for the delay in paying the claim is that the Live Register has increased significantly and this has caused delays in some offices. A number of process improvements have been introduced to speed up claim processing. Additional supports are being provided to the Navan Local Office, Kells Branch Office and Trim Branch Office to help process the claims, and this work is ongoing. Management are monitoring the position closely.
313 Deputy Damien English asked the Minister for Social Protection when a decision will issue on an application for carer’s allowance in respect of a person (details supplied) in County Meath; the reason for the delay; and if he will make a statement on the matter. [18147/10]
The person concerned applied for carer's allowance on 5 June 2009. On 30 June 2009 the case was referred to an Investigative Officer of this Department for means assessment and confirmation that the conditions necessary for receipt of the allowance are satisfied. These investigations were completed on 30th April 2010 and a decision will issue to the person concerned within the next 2 weeks.
314 Deputy Damien English asked the Minister for Social Protection when a decision on an appeal for jobseeker’s allowance will issue in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [18154/10]
The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned will be referred to an Appeals Officer for consideration.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
315 Deputy Damien English asked the Minister for Social Protection when a decision on a jobseeker’s allowance appeal will issue in respect of a person (details supplied); the reason for the delay; and if he will make a statement on the matter. [18158/10]
The Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the relevant Departmental papers and comments on the grounds of appeal in the case of the person concerned have been sought. When received, the appeal in question will be referred to an Appeals Officer for consideration.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
316 Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection when arrears of one-parent family allowance will be awarded in respect of a person (details supplied) in Dublin 17. [18170/10]
The person in question is currently in receipt of one parent family payment at a weekly rate of €225.80 (personal rate €196 plus €29.80 for one child dependant).
The arrears of €3,402.10, due to the person for the period 12 November 2009 to 10 March 2010, will issue to her bank account early next week.
317 Deputy Lucinda Creighton asked the Minister for Social Protection the number of departmental staff, including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if he will make a statement on the matter. [18353/10]
Records of past employments of staff are not captured in such a way as to provide a dedicated basis for compiling the information requested by the deputy. Accordingly, the specific information requested is not available.
318 Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection the reason that a lone parent is subject to a significantly lower threshold than a married couple for eligibility for the back to school clothing and footwear allowance; and if he will raise the lone parent threshold in order that both categories are assessed on the same basis. [18367/10]
The back to school clothing and footwear allowance (BSCFA) scheme provides a one-off payment to eligible families to assist with the extra costs when their children start school each autumn. The allowance is not intended to meet the full cost of school clothing and footwear but only to provide assistance towards these costs.
The income limits for 2010 are €563.60 for a couple with one child and €410.10 for a lone parent with one child. The limit is increased by €29.80 for each additional child.
The rationale for the different income limits for lone parents and couples is that a two adult household needs greater financial resources to meet its needs than a lone parent household.
319 Deputy Pat Breen asked the Minister for Defence further to Parliamentary Question No. 78 of 21 April 2010, if, a protected area was initially established around Baldonnel Aerodrome, County Dublin, in 1955 in accordance with the terms of section 36 of the Defence Act of 1954, he will identify the statutory instrument that gave effect to such protected area order; if he will provide a copy of such statutory instrument to this Deputy; and if he will make a statement on the matter. [17677/10]
The restricted zone around Baldonnel Aerodrome was introduced in 1955 by agreement with the local authority. It was not introduced under Section 36 of the Defence Act, 1954 and, as a result, there is no Statutory Instrument available.
320 Deputy Fergus O’Dowd asked the Minister for Defence the details of any former Government office holder appointed by him in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if he will make a statement on the matter. [17694/10]
I can confirm that no other former Government Office Holder was appointed to any agency under the aegis of the Department in the past ten years. I would like to reassure the Deputy that I am satisfied that all appointments made in the Department are in accordance with the appropriate guidelines as laid down by the Government.
321 Deputy Lucinda Creighton asked the Minister for Defence the number of departmental staff, including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if he will make a statement on the matter. [18345/10]
I understand the Deputy is referring to full or part time employment of retired public servants as part of the staffing of the Department, including political staff and special advisors. Records of past employments of new recruits are not captured in such a way as to provide a dedicated basis for compiling the information requested by the deputy. Accordingly, the specific information requested is not available.
322 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if he will support a matter (details supplied). [17610/10]
The €200 non-principal private residence charge was introduced in the Local Government (Charges) Act 2009, which came into force in July 2009. As an exceptional measure for the year of introduction, the liability date for the charge was fixed at 31 July 2009. The Act provides that the liability date for 2010 and future years is 31 March.
Payment does not fall due until two months after the liability date and there is a further one month's grace period before penalties for late payment commence. A person liable for the charge in 2010 thus has until 30 June 2010 to meet that liability without incurring any additional charge.
323 Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government when proposed amendments to planning regulations will be brought before the Dáil Éireann; and if he will make a statement on the matter. [17621/10]
I understand that the Question refers to the progress of the Planning and Development (Amendment) Bill 2009 through the Houses of the Oireachtas. The Bill, which proposes a number of amendments to the planning code, was passed by Seanad Éireann on 1 December 2009 and is currently progressing through the Dáil, having concluded Second Stage there on 25 March.
I intend to discuss the provisions of the Bill and introduce further amendments at Committee Stage in the Dáil later this month, with a view to finalising and enacting the Bill as soon as possible thereafter. Any consequential amendments required to be made to the Planning and Development Regulations will be addressed once the Bill has been enacted.
324 Deputy Fergus O’Dowd asked the Minister for the Environment, Heritage and Local Government the details of any former Government office holder appointed by him in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if he will make a statement on the matter. [17697/10]
No person who is a former holder of an office of Minister or Minister of State has been appointed by me, or by my predecessors as Minister for the Environment, Heritage and Local Government, to any of the state boards under the aegis of my Department in the last ten years.
325 Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Heritage and Local Government his views on correspondence (details attached); and if he will make a statement on the matter. [17716/10]
I refer to the reply to Questions Nos. 318, 322 and 325 of 27 April and 223 of 29 April 2010. The position is unchanged.
326 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if a plot of land (details supplied) in County Mayo is designated as a natural heritage area or a special area of conservation; if there are restrictions in place in relation to the cutting of turf on this land; and if he will make a statement on the matter. [17746/10]
The townland of Beltra, beside Beltra Lough, is partly situated within the Newport River Special Area of Conservation (SAC) and the Croaghmoyle Mountain Natural Heritage Area (NHA). The NHA has been selected for designation for its blanket bog interest. Turf cutting is subject to certain restrictions on this site.
It is not possible to determine from the information provided whether or not land owned by the person in question is included in either designated area. However it is open to the landowner to submit a map of their lands to the Site Designations and Plans Unit of my Department, where its location within or outside a designated site can be determined.
Alternatively, the website of the National Parks and Wildlife Service www.npws.ie has a map viewer facility where the owner can determine if his/her lands are included in either designated site.
327 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if the national parks and wildlife service has met the Office of Public Works regarding the Roundfort Hollymount Flood Mitigation report proposals; the position regarding same; and if he will make a statement on the matter. [17748/10]
My Department met with OPW on 12 April 2010 to discuss their proposals to undertake work to alleviate flooding in the Roundfort-Hollymount area in county Mayo. This area is part of the Kilglassan/Caheravoostia Turlough Complex Special Area of Conservation (SAC) which is protected under the EU Habitats Directive. A number of further aspects of the project, identified at the meeting, need to be reviewed to satisfy the requirements of the EU Habitats Directive. It is expected that an agreed solution will be finalised shortly which will address the flooding problem without adversely impacting on the turloughs.
328 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government his views on removing the clawback on all affordable housing scheme participants in order that persons who need to trade up to larger homes do not become trapped in starter homes. [17782/10]
Houses sold to first time buyers under the various affordable housing schemes at a significant discount from market value contain a clawback provision, in order to prevent short-term profit taking on the resale of the house to the detriment of the objectives of the schemes. There are no plans to abolish the clawback arrangements under the existing affordable housing schemes.
However, it should be noted that where a person is selling an affordable home and the clawback amount payable would reduce the proceeds of resale below the initial price actually paid legislation provides for the amount of the clawback payable to be reduced to the extent necessary to avoid that result.
329 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the position regarding an application for repairs to a house in respect of a person (details supplied) in County Roscommon.. [17833/10]
Under section 58 of the Housing Act 1966, the management and maintenance of the local authority housing stock is a matter for individual authorities. My Department has been advised by Roscommon County Council that, in this case, a schedule of works has been prepared with a view to having them carried out as soon as possible.
330 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of urgent house repairs in respect of persons (details supplied) in County Roscommon. [17834/10]
Under section 58 of the Housing Act 1966, the management and maintenance of the local authority housing stock is a matter for individual authorities. My Department has been advised by Roscommon County Council that the relevant works have been carried out in this case.
331 Deputy Frank Fahey asked the Minister for the Environment, Heritage and Local Government if he will provide details of a recent High Court case in which an applicant for a housing grant was rejected due to the fact it was received after the closing date; the details of the judgment made by the High Court. [17851/10]
The New House Grant Scheme, which was administered by my Department, was terminated on 14 November, 2002. In accordance with the provisions of the Housing (New House Grant etc.) Regulations 1990 (Amendment) Regulations 2002 a grant could only be paid where, inter alia, a contract to purchase or to build a house was entered into on or before 14 November, 2002 and where an application had been received in my Department on or before 4 December, 2002.
In the case of a couple who were refused a grant on the basis that a contract to purchase had not been entered into by the prescribed date, legal proceedings were issued against the Minister for the Environment, Heritage and Local Government and the Minister for Finance, seeking payment of the grant. On 19 October, 2009, the matter came before the High Court and the decision of my Department to refuse the grant was upheld.
332 Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Government if he has received an application for funding in respect of sewage treatment works in Killaloe, County Clare; when this scheme will proceed to construction; and if he will make a statement on the matter. [17900/10]
The Killaloe Sewerage Scheme is not included among the contracts and schemes in County Clare to be progressed under my Department's Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library.
The new Programme aims to prioritise projects that target environmental compliance issues and support economic and employment growth as envisaged in the Government's policy document Building Ireland's Smart Economy — A Framework for Sustainable Economic Revival. A key input to the development of the Programme was the assessment of needs prepared by local authorities, including Clare County Council, in response to my Department's request to the authorities in 2009 to review and prioritise their proposals for new capital works in their areas. These were subsequently appraised in the Department in the context of the funds available and key criteria that complemented those used by the authorities. Inevitably, through this process, certain projects that had been proposed had to give way to others that are more strategically important at this time, as the total value of contracts and schemes proposed by local authorities exceeded the level of resources likely to be available in the period.
The scope and format of the Programme for 2010 to 2012 is designed better to reflect ongoing environmental and economic priorities, to maximise the return on public funds being invested in the sector and to ensure that the Programme is realistic in its level of ambition. The total value of contracts underway and those proposed for commencement during the period of the Programme in County Clare is €38.2 million.
The contracts and schemes that were not included in the Programme on this occasion were those which did not feature highly on public health grounds or other environmental compliance requirements (for example, those relating to European Court of Justice proceedings, or those which were required in the context of the River Basin Management Plans, Shellfish Pollution Reduction Programmes, EPA reports etc) and projects that were proposed purely for capacity expansion and which in the case of water supply can be deferred, in many cases, in favour of accelerated water conservation measures.
One of a number of new measures in the Water Services Investment Programme 2010-2012 is an annual review process, under which the Programme will be reviewed and updated annually to reflect any emerging priority projects. This is intended to deal with investment requirements arising for example from the clarification of appropriate treatment for certain agglomerations from the licensing and certification process for wastewater discharges being implemented by the EPA, or from the ongoing monitoring of drinking water standards which may highlight risks which need to be addressed.
333 Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government the amount of land which has been de-zoned, or re-zoned from residential, commercial or industrial use development back to agricultural or amenity use, for each of the past six years and for 2010 to date; the procedure and legalities for such de-zoning measures; if any national body or authority has been tasked with assessing the appropriateness of the supply of over supply of lands zoned for residential, commercial or industrial use and the scope or necessity for de-zoning; and if he will make a statement on the matter. [18028/10]
The responsibility for zoning lands for specific purposes is a matter for planning authorities through their development plans and local area plans. Under the Planning Acts, the making, reviewing and varying of a development plan or local area plan is a reserved function of the elected members of the planning authority for the area.
Under section 10(8) of the Planning and Development Act 2000 there is no presumption in law that any land zoned in a particular development plan (including a development plan that has been varied) will remain so zoned in any subsequent development plan. Section 13(1) of the Act provides that a planning authority may make a variation to a development plan which is in force and this could, inter alia, include changes to zoning objectives.
The Planning and Development (Amendment) Bill 2009, which is progressing through the Oireachtas, proposes inter alia that an evidence-based core strategy is included in development plans which must provide information on how the plan is consistent with the National Spatial Strategy, regional planning guidelines and statutory planning guidelines, including in relation to the quantum, location and phasing of lands zoned for development.
Specific data on the quantum of de-zoned or re-zoned land are not collected or retained by my Department. However, my Department compiles an annual update from planning authorities on the total amount of zoned residential lands in their functional areas as well as the estimated yields from such lands. These housing land availability figures are published in the Department's Housing Statistics Bulletin which is available on my Department's website at www.environ.ie.
In addition, my Department published new national population projections in January 2009 to inform the review process for the Regional Planning Guidelines, including regional population targets for the years 2010, 2016 and 2022 which take account of the changed economic climate and the likely impact on demographic trends, of reduced in-migration, rising unemployment and a more constrained financial situation. In October 2009, specific Gateway and Hub population targets which were derived from the January 2009 national and regional population targets were also issued.
It is a matter for each Regional Authority, together with the constituent City and County Councils, to determine population targets for county towns, other smaller towns, villages and rural areas, within their respective regional targets, which will in turn inform the demand for housing over the period and the requirements for development land, taking account of such matters as available vacant housing units within their area.
334 Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government if he will respond to an issue raised in correspondence by a person (details supplied) in County Cork. [18033/10]
Budget 2007 announced proposals for new motor tax and vehicle registration (VRT) systems to reward low CO2 emitting cars and penalise high CO2 emitting cars. A public consultation process was held from December 2006 to March 2007 and 1 July 2008 was chosen as the starting date for both the new motor tax and VRT systems.
The aim of the new system was to influence the purchasing decisions of consumers in the future. From 1 July 2008, anybody buying a new or pre-owned imported car would have been aware of both the motor tax and VRT rates which would apply based on CO2 emissions. Cars purchased prior to that date were purchased in the knowledge that the basis of assessment for both motor tax and VRT was engine capacity (c.c.) and not CO2 emissions.
Retrospection prior to 2008 would not be practical as no authenticated CO2 data exist in respect of most of the existing fleet. The CO2 values on the Revenue and National Vehicle Driver File systems, in respect of new cars only, have not been collected as the basis for a fiscal charge and have not been authenticated to any degree. It would be unsound to apply charges on the basis of such data.
The above-mentioned public consultation process made it clear that the new CO2-based system would apply from a specified date and that cars registered before that date would continue to be taxed in future years under the existing motor tax system related to engine size.
335 Deputy Noel J. Coonan asked the Minister for the Environment, Heritage and Local Government the number of staff who have been let go from north Tipperary County Council during 2008, 2009 and to date in 2010; the number of the affected staff who were permanent and temporary workers; the number of these staff that have been replaced; the number of positions that still remain vacant; and if he will make a statement on the matter. [18048/10]
The staffing figures supplied to the Department by North Tipperary County Council indicate the number of employees expressed as whole time equivalents, at the dates in question, were are as shown in the table:
|
North Tipperary County Council |
Permanent |
Temporary/Seasonal |
|
31st December 2007 |
584 |
125 |
|
31st December 2008 |
465 |
98 |
|
31st December 2009* |
461 |
43 |
|
31st March 2010* |
463 |
65 |
*This figure includes 50 staff of the Joint Libraries Board not included in previous years.
My Department does not compile data for the number of staff that have been replaced or the number of positions that still remain vacant in each local authority.
336 Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government if he will make the report on the allegation of bullying during the trainee examiners’ course in November 2007 available; if he will act on the reports recommendations; if he will issue an apology to each of the participants on the course; if he will award all participants on the trainee examiners course with an honorary pass; if he will publicly recognise the unnecessary pain and suffering endured by the candidates on that course; if he will give an undertaking to all the volunteers in the Irish Water Safety that such behaviour will not be tolerated in the future; if he will set up a departmental committee to examine the reason the same persons have been on the national council of IWS for 20 years or more; the further reason the officers and committee members of the local water safety area committees have been resident on such committees for the past 15 years, 20 years or more; the reason the national council of IWS is unable to control or direct the local area water safety committee to carry out the instructions of the national council of IWS, particularly in relation to the organisation and running of a water safety week; the reason a trainee instructor, or instructor is unable to participate fully in the organisation and running of IWS, similar to the manner in which an examiner in IWS is allowed participate in the organisation and running of IWS; the reason the Dublin water safety area committee has been allowed to treat this Deputy unfairly at local level in so far as this Deputy is unable to teach the IWS syllabus at a pool (details supplied) in Dublin 7 during the year 2009-2010. [18066/10]
I can confirm that the investigation referred to was carried out and its report, which is a matter in the first instance for the Council of Irish Water Safety (IWS), is to be considered at the meeting of the Council on 5 May 2010. The Council will need an opportunity to consider the implications of the report and decide on the appropriate course of action to follow.
Irish Water Safety was reconstituted under the Irish Water Safety (Establishment) Order 2006. Article 6(4) provides that ‘the Council shall consist of not more than thirteen members appointed by the Minister of whom five shall be representatives of local water safety interests.' This provision allows for volunteers to be elected by the officers of the area committee for nomination to the Board.
There are 30 Water Safety Area Committees under the auspices of Irish Water Safety. These Committees organise a programme of events, courses and water safety promotional activities each year. The Committees are made up of volunteers and operate under the guidance of IWS. There is no reason why any volunteer cannot participate fully in the organisation subject to its rules of membership. My Department will raise the matter of St Joseph's Pool with IWS and I will provide a follow-up reply as soon as possible to the Deputy.
337 Deputy Dan Neville asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No 185 of 8 October 2009, the position regarding a sewerage scheme (details supplied) in County Limerick; and if he will make a statement on the matter. [18109/10]
342 Deputy Dan Neville asked the Minister for the Environment, Heritage and Local Government further to a previous Parliamentary Question, the position regarding the Pallasgreen sewerage scheme, Pallasgreen, County Limerick. [18377/10]
I propose to take Questions Nos. 337 and 342 together.
A comprehensive range of new water services infrastructure has been approved for County Limerick in my Department's Water Services Investment Programme 2010 -2012, a copy of which is available in the Oireachtas Library. This includes provision for the commencement of contracts relating to the Dromcollogher Sewerage Scheme during the Programme period.
My Department is currently examining Limerick County Council's Preliminary Report for a bundle of four sewerage schemes, including Drumcollogher, and a decision on the Report will be conveyed to the Council as soon as possible.
The other schemes included in the bundle, Bruff, Hospital and Pallasgreen Sewerage Schemes, are not included among the contracts and schemes in County Limerick to be progressed under the new Programme. The new Programme aims to prioritise projects that target environmental compliance issues and support economic and employment growth as envisaged in the Government's policy document Building Ireland's Smart Economy — A Framework for Sustainable Economic Revival.
A key input to the development of the Programme was the assessment of needs prepared by local authorities, including Limerick County Council, in response to my Department's request to the authorities in 2009 to review and prioritise their proposals for new capital works in their areas. These were subsequently appraised in the Department in the context of the funds available and key criteria that complemented those used by the authorities. Inevitably, through this process, certain projects that had been proposed had to give way to others that are more strategically important at this time, as the total value of contracts and schemes proposed by local authorities exceeded the level of resources likely to be available in the period.
The scope and format of the Programme for 2010 to 2012 is designed better to reflect ongoing environmental and economic priorities, to maximise the return on public funds being invested in the sector and to ensure that the Programme is realistic in its level of ambition. The total value of contracts underway and those proposed for commencement during the period of the Programme in County Limerick is €23.1 million.
338 Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government if his Department provides financial assistance towards moving-in costs for those approved under the affordable housing scheme; and if he will make a statement on the matter. [18112/10]
The operation of the various affordable housing schemes is a matter for individual housing authorities, and my Department does not operate any scheme of financial assistance to those purchasing such properties.
339 Deputy Jimmy Deenihan asked the Minister for the Environment, Heritage and Local Government the progress made in the process of registration of professional titles and, in particular, the registration of building surveyors under section 5 of the Building Control Act 2007; and if he will make a statement on the matter. [18167/10]
Under the Building Control Act 2007, the Royal Institute of Architects in Ireland (RIAI), as registration body, has established the Admissions Board and the Technical Assessment Board for registration of the title of "Architect". I appointed the Chairpersons and nominated the non-architect members to both Boards. I will shortly appoint the Chairpersons and nominate the non-architect members to the Appeals Board and the Professional Conduct Committee. The appointment of the Chairperson of the Professional Conduct Committee and the nomination of one non-architect member to both Boards is subject to the consent of the Minister for Enterprise, Trade and Innovation. I am currently awaiting further details from the RIAI on registration fees, following a meeting held with representatives of the organisation.
I will also shortly appoint the Chairpersons and nominate the non-surveying members to the various Boards for registration of the titles of "Building Surveyor" and "Quantity Surveyor".
340 Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government if responsibility for the granting of foreshore licences has been transferred to his Department; if his Department has refused to issue the foreshore licence in respect of the project at Ringsend, Dublin 4; if the promoter (details supplied) has pulled out of this project. [18202/10]
): I believe the Question refers to the proposed Waste to Energy Plant at Poolbeg which is being advanced by Dublin City Council, acting on behalf of the four Dublin local authorities in the context of their statutory regional waste management plan, by way of a public private partnership (PPP). Following the enactment of the Foreshore and Dumping at Sea (Amendment) Act, 2009, my Department assumed responsibility on 15 January 2010 for a range of foreshore functions. Prior to the transfer of the functions to my Department, a foreshore application was made by Dublin City Council to the Department of Agriculture, Fisheries and Food in respect of a Cooling Water Channel for the facility in question; the application is now under consideration in my Department.
341 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government the number of departmental staff, including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is paid; and if he will make a statement on the matter. [18348/10]
The information requested is not available in my Department.
343 Deputy Jimmy Deenihan asked the Minister for Communications, Energy and Natural Resources if the natural resources around the coastline, such as oil in the Porcupine Basin and gas in Dublin Bay, are licensed to international companies; and if he will make a statement on the matter. [17839/10]
The Department is responsible for licensing petroleum exploration in the Irish offshore. There are eight exploration licences covering areas of the Porcupine Basin and one licensing option in the Kish Bank off the coast of Dublin. These authorisations are held by partnerships involving both Irish and international companies and permit the holders to explore for both oil and gas. There are no authorisations to extract oil or gas in these areas as no commercial discoveries have been made.
Details of current petroleum authorisations are contained in two reports published by the Department. The first of these is the six-monthly report on petroleum licensing laid before each House of the Oireachtas under Section 57 of the Petroleum and Other Minerals Development Act, 1960. The second is the quarterly acreage report published on the Department's website www.dcenr.gov.ie.
344 Deputy Fergus O’Dowd asked the Minister for Communications, Energy and Natural Resources the details of any former Government officeholder appointed by him in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if he will make a statement on the matter. [17692/10]
The Department of Communications, Energy and Natural Resources was established in June 2007 and I have been the Minister since then.
No former Government office holder was appointed by me to any position from June 2007 to date.
345 Deputy Olwyn Enright asked the Minister for Communications, Energy and Natural Resources the reason an area (details supplied) in County Offaly has not been included in the national broadband scheme; when he anticipates the roll-out of the scheme to this area; and if he will make a statement on the matter. [17751/10]
Prior to the commencement of the National Broadband Scheme (NBS) a detailed mapping exercise was carried out to help determine those areas that would be included in the scheme and those who, by virtue of being already substantially served by existing broadband suppliers, were to be excluded.
EU State aid and competition rules govern how states can intervene in areas where there are existing service providers operating. Accordingly, the NBS is prohibited from providing a service in served areas where to do so would give rise to an unacceptable level of market distortion.
The mapping exercise found one broadband supplier already active in the area of Kinnity, County Offaly, and consequently the locality was excluded from the Scheme.
346 Deputy Alan Shatter asked the Minister for Communications, Energy and Natural Resources his plans regarding Irish broadcasting masts in the vicinity of the Border following the signing of a memorandum of understanding between the Irish and UK governments, which provides a framework for continuing co-operation on broadcasting issues on the island of Ireland; if it is envisaged that control and or ownership of such masts will be transferred to a cross-Border holding body or other co-operative or joint arrangement or if they will remain in the ownership of this State; and if he will make a statement on the matter. [17823/10]
349 Deputy Olivia Mitchell asked the Minister for Communications, Energy and Natural Resources the official position in respect of reports that Irish broadcasting masts located near the Border may be transferred to a cross-Border holding body; his views on whether these transmitters are strategic State assets providing additional revenue for public service broadcasting and are part of a network which is an essential national asset in the event of any national emergency; and if he will make a statement on the matter. [18119/10]
I propose to take Question Nos. 346 and 349 together.
There are no plans to transfer broadcasting masts located near the border to a cross border holding body. The information referred to by the Deputy is based on inaccurate press reporting. There are no provisions in the Memorandum of Understanding that would allow for such a development.
A copy of the Memorandum of Understanding is available on www.dcenr.gov.ie.
347 Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources the regulations he plans to introduce in regard to the use of bio-fuels for central heating; and if he will make a statement on the matter. [17843/10]
My Department has no plans to introduce regulations regarding the use of bio-fuel for central heating. Promotion of bio-fuels in Ireland is currently geared towards bio-fuel in the transport sector.
My Department is not aware of any current research in Ireland on the use of bio-fuel for home heating purposes. OFTEC, which is the trade association representing manufacturers of oil fired heating and cooking equipment in Ireland and the UK, is currently undertaking field trials in the UK of bio-heating oils. I am advised that pilot trials of such fuel may take place in areas in Ireland by the end of this year.
348 Deputy Joe Carey asked the Minister for Communications, Energy and Natural Resources if he will investigate and seek to provide a solution to the poor broadband service being provided in Tulla, County Clare under the national broadband scheme by a company (details supplied); and if he will make a statement on the matter. [18064/10]
Tulla, County Clare, is not covered by the National Broadband Scheme (NBS) and therefore I am not in a position to intervene in the matter.
I understand that 3 does provide broadband services in this area but not as part of the NBS. Where users experience difficulties with the service being provided by broadband service providers they can refer complaints to ComReg, which will investigate the matter.
350 Deputy Lucinda Creighton asked the Minister for Communications, Energy and Natural Resources the number of departmental staff, including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if he will make a statement on the matter. [18343/10]
My Department has no responsibility for the payment of pensions to Departmental staff that may currently be in receipt of a pension on foot of previous public sector employment. The responsibility for the payment of pensions of this nature rests with the body in which the staff member previously served. Accordingly, the specific information requested by Deputy is not available.
351 Deputy Terence Flanagan asked the Minister for Agriculture, Fisheries and Food if he will reply to a matter (details supplied); and if he will make a statement on the matter. [17602/10]
There has been no report of fireblight this year. The Department's annual survey for Fireblight (Erwinia amylovora) commences in early June each year and runs until mid-October, as this is the optimum period for observing Fireblight symptoms in Ireland. During this period it is proposed to send approximately 1,600 samples for laboratory analysis.
Last year's annual survey returned 21 positive findings from over 1,500 samples taken in 14 locations, namely in counties, Galway, Dublin, Cork, Mayo, Limerick, Wicklow and Donegal. Our annual survey results for the past two years for this harmful bacterium were discussed in spring 2010 at the EU Standing Committee on Plant Health in Brussels. The Committee expressed satisfaction with Ireland's handling of this disease and unanimously agreed to continue our protected zone status for this harmful organism for another 2 years.
352 Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food when he expects payment will issue to a person (details supplied) in County Cork, following an appeal of their single payment scheme. [17690/10]
An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 5 May 2006 declaring a total area of 70.52ha
This application was selected for and was the subject of a ground eligibility inspection. During the course of the inspection discrepancies were found with parcel number D3332905 and D3330911 and the area found eligible for Single Payment Scheme was 44.70ha. These discrepancies included inadequate deductions made for Forestry. As there is an over declaration of over 50%, no payment can be made under the Single Payment Scheme/Disadvantaged Area Compensatory Allowance Scheme for the year in question.
Following an appeal, it was decided to overturn the penalty decision and amend the claimed area in question to Forestry. The total area now declared for 2006 Single Payment/ Disadvantaged Area Scheme is 44.69ha.
The file is now fully processed and the outstanding payment will issue in due course.
353 Deputy Fergus O’Dowd asked the Minister for Agriculture, Fisheries and Food the details of any former Government office holder appointed by him in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if he will make a statement on the matter. [17691/10]
My Department has appointed two former Government office holders to positions in the organisations listed as follows:
Irish Horse Board Co-operative Society
Joe Walsh was appointed by the Minister for Agriculture Fisheries and Food to the Board of the Irish Horse Board Co-operative society on 28th September 2005. He was appointed Chairperson on joining the Board and retired as Chairperson of the Board on 14th July 2009. Mr. Walsh remains a Director of the Irish Horse Board Co-operative Society.
No salary, director's fees, remuneration or Chairperson's fees were paid to Joe Walsh, neither was a car provided. Vouched expenses were claimed by him in respect of attending meetings. These included mileage at civil service rates during the period since 28th September 2005. The total expenses amounted to €3,214.62.
AgriVision 2015 Committee
Alan Dukes was appointed by the Minister for Agriculture, Fisheries and Food to the AgriVision 2015 Committee during 2004. He was appointed Chairperson on joining the Committee. Mr. Dukes received a total of €22,000 for his services, which involved chairing all meetings and drafting the AgriVision 2015 Report.
Before An Bord Iascaigh Mhara came within the aegis of my Department, the Minister for Marine and Natural Resources made the following appointments to that Board:
Mr. Robert Molloy was appointed as a Board member to for the period 14th June 2007 to 13th June 2010. Over that period he was paid Directors fees amounting to €20,782 and travel expenses totalling €4,979.
Mr Hugh Byrne was Chairperson of An Bord Iascaigh Mhara from 8th July 2003 to 23rd April 2006. During that time he received a total of €29,545 in respect of Directors’ fees. He also received a total of €68,083 for travel expenses incurred during that time.
354 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when REP scheme four payment will be awarded in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [17738/10]
The application from the person named is being dealt with in one of my Department's local offices in Kerry. For some time recently, the processing of REPS payments has been delayed in these offices because two vacant supervisory posts remained unfilled in line with the Government's moratorium on recruitment and promotion in the civil service. My Department has now put arrangements in place to resolve the situation. This will enable the processing of claims to proceed and payments to issue without further delay.
355 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Mayo did not receive payment following their application under the national reserve for 2005; and if he will make a statement on the matter. [17742/10]
The person named submitted an application under the 2005 National Reserve under Categories B and D.
Category B catered for farmers, who made an investment between the 1 January 2000 and 19 October 2003, in production capacity in a farming sector for which a direct payment under Livestock Premia and/or Arable Aid schemes would have been payable during the reference period 2000 — 2002. Investments included the purchase or long-term lease of land, purchase of suckler and/or ewe quota or other investments.
Category D catered for farmers who inherited or purchased land and who commenced farming after 31 December 2002 or who commenced farming in 2002 but did not received any direct payments in respect of that scheme year. In addition specific criteria in relation to off-farm and farm income limit had to be met also.
With regard to Category B the application submitted by the person named was in respect of the purchase of land, the leasing of land and other investments. The application under this category was deemed ineligible, as all documentary evidence required to finalise this category was not submitted despite various requests for the relevant information.
With regard to Category D the person named was deemed ineligible under this category as his off farm income exceeded the upper limit of €20,000.
A formal letter outlining my Department's decision on the National Reserve issued to the person named on 17 July 2006 and there is no record of an appeal having been submitted by him. An official from my Department will liaise directly with the person named to establish if there are particular extenuating circumstances pertaining to this case.
356 Deputy Ulick Burke asked the Minister for Agriculture, Fisheries and Food his plans to assist farmers in the flooded regions of south Galway who have had their lands rendered useless for the past six months due to the flooding and who have lost all spring grass growth and have had to re-seed their fields only for it to be again destroyed due to recent flooding; and if he will make a statement on the matter. [17765/10]
There have been many calls on my Department for assistance in recent times, not only in respect of the recognised difficulties in the dairy and sheep sectors, which I addressed through the Dairy Hardship Scheme, the Dairy Efficiency Scheme, the Upland Sheep Payment and the Grassland Sheep Scheme, but also in response to difficulties brought about by adverse weather conditions. Two issues, which were considered especially worthy of attention, were the fodder losses resulting from the widespread flooding which occurred late last year and the losses experienced in the potatoes and vegetables sector, as a result of the very severe frost in January 2010.
Mindful of the hardship and distress caused by the widespread flooding, on 27 November 2009, I announced the introduction of the Fodder Aid Scheme, targeted directly at those farmers who suffered damage to fodder in the affected areas. While I was very anxious that the funding reach the affected farmers as quickly as possible in order that farmers could purchase the feed to feed their animals, it was essential that farmers demonstrate that their fodder was damaged and to what extent. To this end, therefore, it was necessary that each claim be verified by an on-the-spot inspection. I had initially set the closing date for receipt of applications as 11 December 2009, but subsequently extended it by one week. Immediately applications began to be received by my Department, the necessary inspections were begun, following which the successful applications were processed for payment.
I am pleased to say that payments commenced issuing on 18 December 2009 and, to date, have issued to 256 applicants nationally, of which, payments have been made to 107 Galway herd-owners.
357 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food when REP scheme four payment will be awarded in respect of a person (details supplied) in County Mayo. [17769/10]
Payment will issue to the person named within ten working days.
358 Deputy Finian McGrath asked the Minister for Agriculture, Fisheries and Food the reason for the refusal for a person (details supplied) in County Mayo to join REP scheme. [17791/10]
On examination of the application from the person named, my officials concluded that the holding concerned in the application had been artificially created for the purpose of drawing down or maximising benefits under REPS. This decision was conveyed to the person named in a letter dated 3 March 2009. It is open to the person named to appeal this decision to the Agriculture Appeals Office.
359 Deputy Finian McGrath asked the Minister for Agriculture, Fisheries and Food the position regarding an application to the early retirement scheme in respect of a person (details supplied) in County Clare. [17795/10]
An amended application from the person named is currently being examined in my Department. The applicant will be informed of the outcome once this examination is complete.
360 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when suckler cow payment will be awarded in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [17891/10]
The above named person registered nineteen calves for this scheme in 2009.
It is a condition of the Suckler Welfare Scheme that for herds of more than ten animals that a graduated weaning practice be implemented. The animals must be weaned in at least two separate groups with each group being removed at a minimal interval of at least five days.
To date payment has not issued to this applicant as sixteen of the calves have been weaned on the same date. Two animals remain to be weaned. One further animal was sold without any of the measures having been carried out and so has been rejected for payment and a penalty may be applied to the payment for the remaining animals.
When the information relating to the two animals still to be weaned has been received, the application will be reviewed by my Department and if the conditions of the Scheme were adhered to, by the person named, payment will issue in respect of the remaining animals subject to any penalty that may be applied for the early disposal of one of the animals.
361 Deputy Dan Neville asked the Minister for Agriculture, Fisheries and Food the position regarding the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [18040/10]
The person concerned is an applicant under the Farm Improvement Scheme. Applications under this Scheme have been processed by my Department up to the level of funding provided for the Scheme in the 2006 Partnership agreement, Towards 2016.
As the funding made available for the Scheme has been allocated to the eligible applications received up to 21 October 2007, there are no plans to re-commence processing of the applications received between 22-31 October 2007.
362 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if an official from his Department will meet with a person (details supplied) in County Mayo to discuss the allocation of shares. [18092/10]
I am satisfied that all reasonable steps have been taken to address the objections of the person named in the allocation of shares and that the matter has been fully investigated by my Department. The Scheme that approves the person named for one of the shares is proceeding. I believe that no useful purpose would be served by another meeting on the matter and I understand that the person named has engaged solicitors instructing them to take legal proceedings on his behalf.
363 Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the amount of money paid to primary and secondary processors and retailers under the pigmeat recall scheme to date in 2010; the number of companies which benefited from the scheme; the amount each company received under this scheme; if there is a closing date on the scheme; and if he will make a statement on the matter. [18094/10]
The agreement concluded with pig processors in December 2008 involved making available a facility of up to €180 million from the public finances to assist processors in funding the recall and destruction of certain pork products from the market.
To date, a total of €87.5m has been paid to qualifying applicants under the Pigmeat Recall Scheme. Of this, €41.5m has been paid to 9 primary processors and €46m to 111 secondary processors. In addition to Pig meat payments, €154,000 has been paid to Beef processors for contaminated products under the associated Beef Disposal scheme. Payments are still continuing and it is not possible to provide a final list of all beneficiaries, or the total sums involved. However, a list of the applicants who have received payment to date is being supplied separately to the Deputy. No payments have been made to retailers under the Scheme.
364 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when a decision will issue on an application in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [18098/10]
My Department has adjudicated that the Sworn Affidavit received from the person named with regard the Single Payment Scheme 2009 confirms proof of postage to the Department of the appropriate Single Payment Scheme application form before the 15th May 2009 i.e. the deadline for receipt of applications. The appropriate payment will now be made to the person named.
365 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the return to the State from Killybegs Harbour, County Donegal, following the extension work a number of years ago; and if he will make a statement on the matter. [18101/10]
The six designated Fishery Harbour Centres, including Killybegs Fishery Harbour Centre, are managed via a statutory fund, known as the Fishery Harbour Centres' Fund, which the Comptroller & Auditor General audits on an annual basis. The most recent audited accounts available are for the year ended 31/12/2006 and show the total income for Killybegs Fishery Harbour Centre for that year to be €1,604,411.
Killybegs Fishery Harbour Centre provides a service to the fishing industry, including fish processing and ancillary services and is always open to new and increased business from the fishing industry as well as other commercial activity which is compatible with the needs of the fishing industry. My Department is conscious of the potential for further growth at Killybegs Fishery Harbour Centre and will take every opportunity to implement the recommendations of both the Killybegs Fishery Harbour Centre Marketing Strategy and the Business Plans for the Development of the Fishery Harbour Centres which were commissioned by my Department.
366 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the reason Killybegs, County Donegal, should not be deregulated and developed into a general port rather than just fishing; the reason this has not been carried out; and if he will make a statement on the matter. [18102/10]
The harbour at Killybegs is designated as a Fishery Harbour Centre under the Fishery Harbour Centres Acts 1968 (as amended) and is managed and operated by my Department in accordance with these Acts. These Acts provide for the establishment and operation of the Fishery Harbour Centres to promote, develop and carry on sea fishing, fish processing, fishing related activities and matters connected with the fishing industry as well as any other purpose, including the provision, improvement and development of leisure or amenity facilities or for facilitating or promoting the social or economic development of the area in which the Fishery Harbour Centre is located. The 1968 Act was amended in 1998 to broaden how properties owned by the State could be used.
My Department has overall responsibility for the development of infrastructure at the Fishery Harbour Centres and for the leasing of property within the harbours. The Harbours are managed via a statutory fund, known as the Fishery Harbour Centres' Fund, which the Comptroller & Auditor General audits on an annual basis.
Killybegs Fishery Harbour Centre provides a service to the fishing industry, including fish processing and ancillary services and is always open to new and increased business from the fishing industry as well as other commercial activity which is compatible with the needs of the fishing industry. My Department is conscious of the potential for further growth at Killybegs Fishery Harbour Centre and will take every opportunity to implement the recommendations of both the Killybegs Fishery Harbour Centre Marketing Strategy and the Business Plans for the Development of the Fishery Harbour Centres which were commissioned by my Department.
367 Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food the action he is taking to ensure that all chicken fillets are safe for human consumption; and if he will make a statement on the matter. [18116/10]
Ensuring that foods marketed in Ireland are safe and compliance with relevant food safety legislation is the responsibility of the individual food businesses. Enforcing the legislation is the responsibility of the Food Safety authority of Ireland (FSAI), which delegates that activity to various official agencies under service contracts.
In accordance with its service contract with the FSAI, my Department currently supervises some 154 large throughput meat establishments, including nine poultry slaughtering establishments. It is responsible for the provision of ante and post mortem inspection checks, inspections of structural and operational hygiene standards, and controls on residues. The Department also checks imports of poultry from third countries through Border Inspection Posts.
From a food safety perspective, hygiene at each stage of the food chain is critically important. In relation to poultry meat , the FSAI has issued guidelines to retailers and consumers on hygienic handling, use by dates and other hygiene aspects, and my Department has issued guidelines to importers and distributors on labelling and use by dates, particularly in gas flushed packs. My Department will continue to work in close collaboration with the FSAI, to ensure that poultry and other meats comply with the relevant food safety and hygiene regulations.
368 Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food his plans to establish a multi-agency group for the management of abandoned horses; the membership of this group; the operating guidelines of the group; and if he will make a statement on the matter. [18117/10]
It is clear from on-going communication between officials of my Department and representatives of relevant stakeholders including Local Authority Veterinary Inspectors, Animal Welfare Organisations and the Horse Industry that horse welfare problems continue to be reported including a risk of abandonment of horses. My officials are continuing to engage with the relevant stakeholders in an effort to keep the issue under review and to respond to current issues relating to horse welfare problems as appropriate.
Further meetings are being arranged with Local Authorities who have extensive powers under the Control of Horses Act 1996, to underline how the ongoing effective implementation of this Act by Local Authorities can assist with reducing potential horse welfare problems developing particularly with regard to those horses that are being abandoned. My Department provides annual funding in the region of €2m to Local Authorities to assist in their work in implementing the Control of Horses Act.
Through the auspices of the Farm Animal Welfare Advisory Council and particularly its Early Warning Intervention System, Department officials are continuing to work in close cooperation with the ISPCA to address and intervene in potential horse welfare situations before they become critical. Mindful of the valuable work being done by the welfare organisations and as a contribution towards the cost of their activities, I provided funding of €1.185 million in December 2009 to assist them in their work in 2010. I also urged those welfare organisations that have the capacity to deal with larger animals to consider placing greater resources in promoting horse welfare.
369 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the position regarding an application for the young farmers installation aid in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [18121/10]
Grant-aid under the Young Farmers' Installation Scheme was paid by my Department to the person concerned on 29 April 2010.
370 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Cork has not received forestry payments; and if he will make a statement on the matter. [18156/10]
I understand that the relevant payments have now been made to the person in question.
371 Deputy Lucinda Creighton asked the Minister for Agriculture, Fisheries and Food the number of Departmental staff, including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if he will make a statement on the matter. [18342/10]
My Department does not have detailed records in all cases of the previous employment history outside the civil service of staff members and therefore details of pension entitlements of staff currently employed in my Department as a result of previous employment in the public sector are not available.
372 Deputy Leo Varadkar asked the Tánaiste and Minister for Education and Skills the progress that has been made to date in developing a sectoral plan for her Department under the terms of the National Disability Strategy; and if she will make a statement on the matter. [17618/10]
As part of the National Disability Strategy the Sectoral Plan of the Department of Enterprise, Trade and Employment under the Disability Act, 2005 was published in 2006. It contained, in particular, a number of initiatives aimed at increasing the participation of people with disabilities in the workplace.
In line with the requirement under the Disability Act, 2005 to produce a progress report to the Oireachtas, and a commitment under Towards 2016, a review of the operation of the Sectoral Plan was completed in November, 2009 following consultations with the Department's Consultative Forum on disabilities and other stakeholders. The progress report was laid before the Oireachtas in February, 2010. A copy of the Progress Report may be downloaded from this Department's website (www.entemp.ie). The review indicates that substantial progress has been made on advancing key goals of the Sectoral Plan in regard to employment, training, activation, research, and access to buildings and services.
Under the Sectoral Plan the Department of Enterprise, Trade and Employment has led on the advancement of an outline for a Comprehensive Employment Strategy for people with disabilities in discussions with other Government Departments and stakeholder representatives on the Department's Consultative Forum. The aim of this strategy is to address the diversity of circumstances, needs and abilities of people with disabilities, and to enhance the operation and effectiveness of the range of FÁS supports and services for facilitating increased participation of the cohort in the labour market. The strategy is being further advanced in discussions in a Cross Sectoral Group comprising relevant Government Departments and state agencies.
In regard to placements in employment the review indicates that 5,210 people with a disability were placed in employment over the period 2006-2008 — the Sectoral Plan contains an employment target of 7,000 over the period 2006-2010. Information subsequently available for 2009 indicate that a further 1,497 people with a disability were placed in employment, representing total placements of 6,707 over the period 2006 –2009.
373 Deputy Christy O’Sullivan asked the Tánaiste and Minister for Education and Skills the position regarding those who occasionally work as a substitute teacher and have been subject to the pension related deduction even though they fall below the €15,000, but might sometimes exceed the €750 fortnightly gross pay on which her Department applies the pension related deduction; the course of action that is open to them to receive a refund; and if an arrangement can be put in place to rectify such an anomaly. [17830/10]
410 Deputy Jim O’Keeffe asked the Tánaiste and Minister for Education and Skills if her attention has been drawn to the anomaly affecting substitute teachers in relation to deductions in a situation where pension related deduction is zero for those earning less than €15,000 per annum however her Department deducts PRD fortnightly when the pay of a substitute teacher exceeds €750 gross for the fortnight; the arrangements that are in place to refund such pension related deductions to persons affected; and if she will make a statement on the matter. [18122/10]
I propose to take Questions Nos. 373 and 410 together.
The Pension Related Deduction (PRD) is a compulsory deduction from salaries of personnel funded by the Oireachtas that have access to a pension scheme. The deductions are made on a week one basis, i.e. each fortnightly payment is regarded in isolation and deductions are made if the amount of pay exceeds the fortnightly exemption levels. At the end of the financial year, a balancing exercise is done on a cumulative basis for each person taking into account all their income that attracted the PRD. Where a person has not exceeded the thresholds, a refund will issue and where a person has underpaid PRD the balance will have to be recovered.
The fact that many education personnel work in part-time and substitute capacities in various education sectors has increased the complexity of the year end balancing procedure. In addition, any persons who have had arrears payments which relate to the 2009 financial year have to have adjustments made to take into account the fact that income can be charged at different PRD levels.
A system to deal with the reconciliation of PRD payments taking cognisance of the complexities referenced is being developed at present. Once this development is completed and implemented on the payrolls arrangements will be made to issue refunds, where appropriate, to teachers and special needs assistants at the earliest opportunity.
374 Deputy Finian McGrath asked the Tánaiste and Minister for Education and Skills if it is appropriate for FÁS to be acting as a recruitment agency for the British Army. [18045/10]
I understand that the matter in question relates to the Millennium Jobs Club, which is funded by FÁS and operated by the Moyross Development Company Limited. The primary objective of the Jobs Clubs is to provide training to assist participants who are ready for work to develop skills they can use to find a job. FÁS makes funding available to Jobs Clubs on a nationwide basis in order to cover their running costs. However, the day-to-day operation of each Club is the responsibility of its Jobs Club Leader under the supervision of the Board of Management. At FÁS' request, the Millennium Jobs Club has now ceased the practice referred to and all Jobs Clubs have been made aware of this matter in order that it will not happen again.
375 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills if the review of the general allocation model is complete; and when same will be published. [17589/10]
I wish to advise the Deputy that the review of the General Allocation Model is at an advanced stage and is currently being considered within my Department. The issue of publication is part of the consideration process.
376 Deputy Liz McManus asked the Tánaiste and Minister for Education and Skills her short-term and long-term plans for a school (details supplied) in County Wicklow in view of the fact that their lease expires on 2 May 2010; if she will renew the lease; if so, the time for which same will renew; if she will accommodate the school on the five-acre site in Rathnew, County Wicklow, which has planning permission for two school blocks; if the school is fully consulted about any future plans; and if she will make a statement on the matter. [17593/10]
My Department is aware of the position with the lease to which the Deputy refers and it has met with the landlord on the school's behalf in relation to extending it. It recently wrote to the Board of Management with details of the outcome of this meeting which will see the school remaining on the site in the immediate term. The long term plan for the school will involve the acquisition of a suitable site. My Department will be progressing this issue in the context of its School Building and Modernisation Programme.
377 Deputy Ruairí Quinn asked the Tánaiste and Minister for Education and Skills if she will instruct her officials to allow a child (details supplied) in County Carlow with special educational needs to receive a transport grant under the school transport scheme; if her attention has been drawn to the fact that this child’s parents have travelled more than 32,000 km to bring their son to school since April 2009; and if she will make a statement on the matter. [17594/10]
Under the terms of my Department's School Transport Scheme, a pupil with special needs will be eligible for school transport if s/he is attending the nearest recognised mainstream school, special class, special school or unit that is, or can be resourced to meet the child's special educational needs under Department of Education and Skills criteria. The purpose of the School Transport Scheme for Children with Special Needs is to provide a reasonable level of transport service for children with a diagnosed disability and/or special educational need, who, because of the nature of their disability, may not be in a position to avail of a school bus service which would be time-tabled to pick up other children along the route of service. The position is that at the time of enrolment in the unit in question, there was a nearer recognised unit that could have accommodated the pupil referred to in the details supplied by the Deputy. On this basis, the pupil in question is not eligible for a transport service or transport grant towards the cost of private transport arrangements.
378 Deputy Dan Neville asked the Tánaiste and Minister for Education and Skills if she will provide the funding for additional accommodation to a school (details supplied) in County Limerick; and if she will make a statement on the matter. [17636/10]
I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a band 2.2 rating, reflecting the fact that the deficit in mainstream accommodation represents a significant proportion of the schools overall needs. Information in respect of the current school building programme, along with all assessed applications for major capital works, including the project referred to by the Deputy, is now available on my Department's website at www.education.ie.
The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website. The Forward Planning Section of my Department has identified 43 priority areas throughout the country where significant additional accommodation will be required at primary and post-primary level in the medium term. Factors considered included population growth, demographic trends, current and projected enrolments, recent and planned housing developments and capacity of existing schools to meet demand for places. The area to which the Deputy refers has not been included on this list.
The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. At that point, options to meet the schools needs will be considered further. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.
379 Deputy Dan Neville asked the Tánaiste and Minister for Education and Skills if a contractor has been assigned to the building of the new school (details supplied) in County Wicklow; if so, the details of same; and if she will make a statement on the matter. [17641/10]
I am pleased to inform the Deputy that the school in County Limerick to which he refers, commenced construction in late April.
380 Deputy Dan Neville asked the Tánaiste and Minister for Education and Skills if she will provide the necessary funding in 2010 to a school (details supplied) in County Kerry. [17643/10]
I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Department's website at www.education.ie.
The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time. In the meantime, it is open to the school to apply for additional or temporary accommodation should an urgent for same need arise.
381 Deputy Tom Kitt asked the Tánaiste and Minister for Education and Skills if she will provide details of her intended response to a letter from an association (details supplied); if she will commit to progressing the issues detailed in this letter and work to encourage a formal response to their calls for an official apology and the establishment of a redress scheme. [17654/10]
I have responded to the letter referred to by the Deputy on behalf of the Justice for Magdalenes Group. In my response I confirmed that I was aware of the campaign being pursued by the Justice for Magdalenes Group and advised that the position in relation to my Department had been explained both in correspondence with the Group and at the meeting between my officials and representatives of the Group. I noted that the former residents' stories comprise a range of diverse and difficult circumstances from times very much different to those experienced today and that I appreciate the difficulties encountered by these women.
I referred to the provision in section 1(3) of the Residential Institutions Redress Act, 2002 which provides that an applicant who was resident in an institution and was transferred from that institution to another place of residence which carried on the business of a laundry and who suffered abuse while resident in that laundry shall be deemed, at the time of the abuse to have been resident in that institution. This provision was included on the basis that the State was still responsible for the welfare and protection of children who were transferred to a laundry from a State regulated institution. I advised that my Department does not hold information on the number of applications made to the Residential Institutions Redress Board where applicants were transferred from scheduled institutions to laundries. I explained that my Department would provide as much assistance as possible particularly in making information available subject to resource and privacy constraints.
In this context the records held by my Department relate to children who were admitted to Industrial and Reformatory Schools via the Courts. My Department does not generally hold any records in relation to children who may have been otherwise placed in the Industrial and Reformatory schools, e.g. voluntary placements, Health Authority referrals, etc. nor indeed would my Department hold any records in respect of former residents of the remaining scheduled institutions. Consequently, any records which my Department holds could not be relied upon to accurately quantify the numbers involved.
My Department has reviewed the records available in an attempt to identify the incidence of residents being referred to laundries from industrial and reformatory schools. This review identified 261 references of referrals. Of these 3 referrals were to Magdalene laundries (one each to Galway, Limerick and Donnybrook); 95 were to convent laundries, 102 to school laundries and 61 to other laundries. The number of laundries involved is unclear as some locations are listed as school, convent and other laundries.
382 Deputy Dan Neville asked the Tánaiste and Minister for Education and Skills the position regarding the case of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [17662/10]
The Deputy is aware that a new annual school transport charge, which replaced the term charges, was introduced for the 2009/10 school year. The revised charges have been confined to eligible post-primary children and primary and post primary children availing of concessionary transport. Charges continue to be waived in the case of eligible post-primary children where the family is in possession of a valid medical card. Eligible children attending primary schools and children with special needs still travel free. This new method of payment assists Bus Éireann in planning an efficient and cost-effective school transport service well in advance of a school year based on the level of demand for seats. It also provides comfort to parents in the knowledge that on payment of the charge, a seat is guaranteed for the school year in question. As previously advised, my Department, in conjunction with Bus Éireann, is reviewing aspects of the current arrangements in the light of experiences this year.
383 Deputy Jimmy Deenihan asked the Tánaiste and Minister for Education and Skills the position regarding the provision of a new amalgamated school for Lixnaw, County Kerry; and if she will make a statement on the matter. [17671/10]
In 2004, agreement to amalgamate was reached by the two primary schools in the area referred to by the Deputy. Due to accommodation concerns the amalgamation did not progress at that time. A technical inspection was carried out on the existing school buildings to determine which would be suitable to accommodate the amalgamated school. The report following this inspection concluded that neither of the locations would be suitable. The progression of this building project and the acquisition of a site required to facilitate the amalgamation, will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the progression of the project at this time.
384 Deputy Fergus O’Dowd asked the Tánaiste and Minister for Education and Skills the details of any former Government officeholder appointed by her in the past ten years to any position; the details of such appointment to include position taken, name of organisation, salary or income derived or expenses claimed per annum, any other additional benefits including car provided, travel costs per annum, terms of office and so on; and if she will make a statement on the matter. [17695/10]
Details of former Government office holders that were appointed to organisations under the aegis of this Department are contained in the attached tabular statement.
Records in relation to the salaries/fees, expenses and travel costs are a matter for the bodies concerned and as such are not recorded at my Department. I have asked officials at my Department to request these details from the bodies listed and this information will be forwarded to the Deputy when it is to hand.
|
Board |
Name of Person Appointed |
Tenure of Appointment |
Government Office Held |
|
|
From |
To |
|||
|
National University of Ireland |
Mr Chris Flood, Board Member |
11/02/2003 |
31/10/2007 |
Former Minister of State |
|
HEA |
Mr Noel Davern, Board Member |
05/05/2009 |
31/01/2012 |
Former Minister for Education |
385 Deputy Ruairí Quinn asked the Tánaiste and Minister for Education and Skills the position regarding the Catholics first enrolment policy in primary schools with a Catholic ethos and patron; if this policy is still in place in the majority of Catholic schools; and if she will make a statement on the matter. [17741/10]
It is the responsibility of the managerial authorities of schools to implement an enrolment policy in accordance with the Education Act, 1998. In this regard a Board of Management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. The criteria to be applied by schools in such circumstances are a matter for the schools themselves. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.
Under section 15(2)(d) of the Education Act 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the rights of parents to send their children to a school of the parents choice are respected. Equality legislation, which also outlaws discrimination in relation to the admission of a student, makes provision for exemptions to apply in the case of single sex schools and in the case of schools where the objective is to provide education in an environment that promotes certain religious values. The legislation provides that any school that has this objective may admit a student of a particular religious denomination in preference to other students.
The position is that the vast majority of primary schools are, and will continue to be, Catholic in ethos. It is also the case that such schools have historically welcomed pupils from all backgrounds and still do. However, more recently, other models of patronage have emerged which have widened the range of choice available to parents. The rapid pace of social and demographic change in Ireland is now reflected in a radically altered and more diverse society from which our school communities are drawn and as the school system further evolves, we will be seeking to ensure that all our schools reflect and represent the communities in which they are based.
386 Deputy Paul Kehoe asked the Tánaiste and Minister for Education and Skills the position regarding students graduating from St. Patrick’s College, Drumcondra, Dublin 9 in 2010 as well as other teacher training colleges; if the option of postgraduate studies will be available to them to continue and complete their studies in their chosen college; and if she will make a statement on the matter. [17761/10]
The five Colleges of Education offer a three-year course for school-leavers and mature students which is the main path for entry to primary teaching. Students attending St. Patrick's College Drumcondra and Mary Immaculate College Limerick are awarded an honours level 8 Bachelor of Education degree at the end of three years. Students attending the other three Colleges of Education are awarded a Bachelor of Education degree at ordinary level (level 7) at the end of three years, but suitably qualified students who wish to read for an honours degree (level 8) may register for a fourth year of study. This additional year may be undertaken at any time after completion of the Bachelor of Education degree, and students may hold teaching posts while continuing their studies.
Persons who successfully complete the Bachelor of Education are eligible to apply for registration with the Teaching Council and, once registered, will be deemed qualified to teach in the country's primary schools. No further course of study is required for recognition as a primary teacher.
Four of the Colleges of Education also offer an 18-month post graduate primary teacher education course for holders of suitable university degrees. Graduates from St. Patrick's College and Mary Immaculate College are awarded a Graduate Diploma in Education (Primary Teaching) and graduates from Froebel College and Coláiste Mhuire, MIE are awarded a Higher Diploma in Education (Primary). The post graduate course was introduced as a response to a shortage in the supply of primary teachers. It was first provided in the 1995/96 academic year and has been repeated almost each year since then. The latest course commenced in February 2010 with a total approved intake of 200 students.
Persons who successfully complete the Graduate Diploma in Education (Primary Teaching)/ Higher Diploma in Education (Primary) are eligible to apply for registration with the Teaching Council and, once registered, will be deemed qualified to teach in the country's primary schools.
387 Deputy Paul Kehoe asked the Tánaiste and Minister for Education and Skills the level of funding from her Department for postgraduate teacher training courses in 2008, 2009 and 2010; and if she will make a statement on the matter. [17762/10]
Four of the Colleges of Education offer an 18-month post graduate primary teacher education course for holders of suitable university degrees. The courses offered by Froebel College and Coláiste Mhuire, MIE are funded by my Department via capitation grants and the level of funding provided was as follows:
2008 — €1,928,352;
2009 — €1,834,484;
Estimated 2010 — €900,370.
The estimated figure for 2010 reflects the reduced number of places to be made available this year. St. Patrick's College and Mary Immaculate College are funded by the HEA as are the institutions providing post primary teaching post graduate courses. The information regarding funding allocated by the HEA for these courses has been requested and will be forwarded to the Deputy as soon as possible.
388 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills if a student starting a postgraduate course, that is higher diploma, postgraduate diploma, master’s degree or PhD in 2010 to 2011, will be able to retain the back to education allowance and vocational education committee grant; and if she will make a statement on the matter. [17772/10]
389 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills if a student completes level seven undergraduate course in 2009-2010 and wants to carry on to a level eight undergraduate course, will retain both the back to education allowance and grant; and if she will make a statement on the matter. [17773/10]
390 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills if she will clarify the situation facing mature students who, when they started their course, were promised that they would be able to complete the three years to gain a degree, and not a certificate, in view of the fact that these students have now been told that they will be treated as new students after two years and are not eligible for back to education allowance or a vocational education committee grant; and if she will make a statement on the matter. [17776/10]
391 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills if mature students, who are already in the system, in receipt of a vocational education committee grant who is currently doing their degree can continue in the system on full grants until their degree is completed in view of the changes in the application of the rules of the grant programme; and if she will make a statement on the matter. [17778/10]
I propose to take Questions Nos. 388 to 391, inclusive, together.
The Deputy will be aware that the current difficult economic circumstances have necessitated tough choices to control public expenditure and to ensure sustainability in the long run. In these circumstances, from September 2010, as announced in the Budget, all new applicants who are in receipt of the Back to Education Allowance (BTEA), and the VTOS allowances for those pursuing PLC courses, will be ineligible for student maintenance grants. The cost of the student services charge and any fees payable to colleges will continue to be met for eligible students by the Exchequer on their behalf. It was decided to discontinue the practice of allowing students to hold both the BTEA or VTOS allowance and a student maintenance grant simultaneously as this represents a duplication of income support payments.
Students currently in receipt of the BTEA or VTOS allowances and the maintenance grant will continue to be eligible for both payments for the duration of their current course provided they continue to meet the terms and conditions of the relevant grant schemes. Students progressing to a new course with effect from 2010/11 will no longer be eligible for student maintenance grants but can apply for assistance towards the cost of the student services charge and any fees payable.
Although BTEA students progressing to a new course or new applicants who are in receipt of the BTEA will no longer be able to hold the maintenance portion of the student grant in addition to the BTEA, they may still submit a student grant application to establish entitlement to payment of the student service charge or tuition fees.
Students who qualify for maintenance grants will continue to receive substantial grant funding, together with full support for payment of the student service charge. Those on particularly low incomes will also continue to receive a "top-up" in the special rate of maintenance grant.
Under the student grant schemes a mature candidate, if approved, is automatically provided with the higher non-adjacent rate of maintenance which, this year, ranges from €810 to €6,355 depending on individual circumstances. The entitlement to the non-adjacent rate applies regardless of how far the college is from the mature candidates residence and whether or not the candidate is dependent on or independent of his/her parent(s) or guardian(s).
Students should apply to their assessing authority to have their eligibility assessed. The decision on eligibility for a student grant is a matter, in the first instance, for the relevant assessing authority, i.e. the applicant's local authority or VEC. An applicant may appeal the decision to the relevant local authority or VEC.
Where the assessing authority decides to reject the appeal, the applicant may appeal this decision to my Department by submitting an appeal form outlining clearly the grounds for the appeal.
The NDP funded Third Level Access Measure is also supporting the participation of mature students in higher education, in particular those from socio-economically disadvantaged backgrounds. The Student Assistance Fund is available in all recurrently funded higher education institutions. 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. Mature students who have additional needs arising due to a disability or learning difficulty can make an application to the Fund for Students with Disabilities. Applications for support can be made via the access or disability service in the institution. The access offices themselves will also continue to provide support and advice to mature students to enable them to continue with their studies.
392 Deputy Ruairí Quinn asked the Tánaiste and Minister for Education and Skills if her Department has failed to issue certificates of income levy to teachers employed by her Department; if not, when they will be issued; and if she will make a statement on the matter. [17787/10]
My officials are currently making arrangements for the issue of approximately 100,000 income levy certificates to teaching and non-teaching staff — both serving and retired who are paid through my Department's centralised payroll system. I understand that the certificates will issue on a phased basis over the next few weeks.
393 Deputy Richard Bruton asked the Tánaiste and Minister for Education and Skills if she will admit a late application for the special schemes in respect of a person (details supplied) in Dublin 9 which provides assistance to pupils who are sitting their leaving certificate examination in respect of marking or aids who failed to apply due to the fact that they had not known of the scheme. [17809/10]
The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations including organising the holding of examinations and determining procedures in places where examinations are conducted including the supervision of examinations.
I can inform the Deputy that the Commission operates a scheme of Reasonable Accommodations in the Certificate examinations. Applications for such accommodations are submitted by schools on behalf of their students.
In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.
394 Deputy Richard Bruton asked the Tánaiste and Minister for Education and Skills if her attention has been drawn to the fact that there are waiting lists for children in the autistic spectrum seeking admission to a school (details supplied) in Dublin 5; if she has plans to expand the services to meet the needs. [17810/10]
As the Deputy will be aware, the National Council for Special Education is responsible, through its network of local Special Educational Needs Organisers, for the establishment of special classes for autism and for allocating resource teachers and special needs assistants to schools to support children with special needs. The NCSE will continue to establish additional autism classes where the need arises in both special schools and mainstream schools. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.
The Deputy may also be aware that my Department's home tuition scheme provides funding to parents for early educational intervention for pre-school children with autism where a school-based placement is not available. I have arranged for an application form to issue to the parents of this child at the address supplied by the Deputy.
395 Deputy Richard Bruton asked the Tánaiste and Minister for Education and Skills if she has assessed the impact of the suppression of the filling of posts of responsibility on the planning and supervision of pupil development programmes in curricular and non-curricular activities; and her plans to deal with this potential problem in education delivery. [17811/10]
396 Deputy Richard Bruton asked the Tánaiste and Minister for Education and Skills if she has assessed the impact of the suppression of the filling of posts of responsibility of pupil development programmes in curricular and non-curricular activities; and his plans to deal with this potential problem in education delivery. [17812/10]
I propose to take Questions Nos. 395 and 396 together.
When the moratorium was introduced the Government exempted Principal and Deputy Principal appointments in all primary and post-primary schools and these continue to be replaced in the normal manner. The impact of the moratorium is therefore limited to the Assistant Principal and Special Duties allowances payable to teachers on promotion. I am conscious that the impact of the moratorium on middle management posts has applied unevenly in schools depending on the level of retirements. My Department is going to look at how some limited alleviation of the position might be applied for the coming school year for schools that have been acutely affected by the moratorium. In this regard my Department is in discussions with the Department of Finance regarding the detail of such alleviation measures and schools will be advised of the outcome in due course. It is a matter for school authorities to re-organise and prioritise, as best as possible, the appropriate duties for post of responsibility holders in the context of implementing the moratorium.
397 Deputy Michael Noonan asked the Tánaiste and Minister for Education and Skills if her attention has been drawn to the fact that when two schools (details supplied) were amalgamated in September, 2003, the amalgamated new school was granted an additional teaching post; if her further attention has been drawn to the fact that the school serves one of the prime areas in the Limerick northside regeneration project; if she will use her discretion to save this post which has been lost due to cutbacks and which is under appeal; and if she will make a statement on the matter. [17824/10]
The key factor for determining the level of staffing resources provided at individual school level for the coming school year is the pupil enrolment at 30 September 2009. The staffing schedule for the coming school year was recently published by my Department. The additional posts in the renewed Programme for Government enabled some improvement to be made to the staffing schedule. The staffing schedule includes an appeals mechanism for schools who are dissatisfied with their staffing allocation. The appeals criteria are outlined in the published staffing schedule which is available on my Department's website. The Appeal Board operates independently of the Department and its decision is final.
398 Deputy Ruairí Quinn asked the Tánaiste and Minister for Education and Skills the number of post primary principals appointed in the years 2005, 2006, 2007, 2008 and 2009; the number of teachers appointed each year by school type that is, vocational school, voluntary secondary school and community schools; the number of those appointed principals who were previously deputy principals; and if she will make a statement on the matter. [17828/10]
The following is the information requested by the Deputy.
|
Year |
Voluntary Secondary |
Community & Comprehensive |
|
2005 |
13,412 |
4,128 |
|
2006 |
13,362 |
4,110 |
|
2007 |
13,444 |
4,201 |
|
2008 |
13,499 |
4,247 |
|
2009 |
13,621 |
4,319 |
Information on the number of teachers appointed each year by school type is not readily available for Secondary and Community/ Comprehensive schools.
The number of Whole Time Teacher equivalents for each of the years is:
|
Year |
Number of Principal Appointments |
Number who held a DP Allowance |
||
|
Secondary |
C&C |
Secondary |
C&C |
|
|
2005 |
40 |
6 |
14 |
3 |
|
2006 |
29 |
7 |
13 |
3 |
|
2007 |
30 |
7 |
13 |
1 |
|
2008 |
41 |
11 |
16 |
7 |
|
2009 |
49 |
20 |
23 |
10 |
399 Deputy Ruairí Quinn asked the Tánaiste and Minister for Education and Skills the number of principals her Department estimates will be needed in the years 2010 to 2020; and if she will make a statement on the matter. [17829/10]
There are a number of contributory variables in relation to the demand for new school principals. Foremost of these is the number of retirements among serving principals of which non-compulsory retirements is the biggest factor. While the number of non-compulsory retirements in respect of the next ten years is not known, the recent retirement trends of principal teachers may be indicative.
Retirement figures for principal teachers for the past three years are:
|
Year |
Primary |
Post-Primary |
|
2007 |
167 |
54 |
|
2008 |
173 |
56 |
|
2009 |
321 |
100 |
This is based on Department held data with a pro-rata adjustment to include VEC schools.
The number of new schools and school closures will also impact on the demand for new principals. The Forward Planning Section of my Department has carried out a study of the country to identify the areas where, due to demographic changes, there may be a requirement for significant additional school provision at both primary and post-primary levels over the coming years. This study has been conducted using data from the Central Statistics Office, the General Register Office and the Department of Social & Family Affairs with reference to recent schools' enrolment data. The study indicates that the requirement for additional primary provision in years 2010, 2011 and 2012 is likely to be greatest in more than 40 identified locations across the country based on significant changes to the demographics of those areas.
Forward Planning Section is in the process of carrying out detailed analysis and reports for each of these locations in order to identify the school accommodation requirements for each area up to and including the school year 2014/2015. When the required reports have been completed for the initial areas Forward Planning Section will continue to work on preparing reports on a priority basis for the remainder of the country. Overall primary and post primary accommodation requirements will be analysed as part of this process.
400 Deputy Michael Noonan asked the Tánaiste and Minister for Education and Skills if she will confirm that a school (details supplied) in County Limerick is a school which caters for primary and secondary school students with a multiple disability rather than students with a single disability; if she will further confirm that the appropriate staffing level for this school with its current complement of students is seven teachers and 16 special needs assistants and that this staffing level will apply for the next school year; if she will further confirm that if additional pupils are admitted to the school in September 2010 additional teachers and SNA’s will be sanctioned; and if she will make a statement on the matter. [17836/10]
My Department is in receipt of correspondence from the school referred to by the Deputy regarding its current designation and my officials will be in further contact with the school in this regard.
401 D’fhiafraigh Deputy Brian Hayes den Tánaiste agus Aire Oideachais agus Scoileanna ós rud é go ndeir sí féin go bhfuil ról maighdeogach le himirt ag an mbunscolaíocht i gcaomhnú agus i leathnú na gcéad teanga oifigiúil is í sin an Ghaeilge, cén fáth nach bhfuil aitheantas tugtha d’oiread agus bunscoil lánGhaeilge amháin ó Mheán Fómhair 2008, d’ainneoin go bhfuil Ráth Tó aitheanta ag Rannóg Pleanála Chun Cinn na Roinne Oideachais agus Scileanna féin mar cheantar ar leith go bhfuil riachtanas ann freagairt d’arduithe déimeagrafacha agus go raibh pátrún ag iarraidh gaelscoil a oscailt ar an láthair sa cheantar; agus an ndéanfaidh sí ráiteas ina thaobh. [17840/10]
402 D’fhiafraigh Deputy Brian Hayes den Tánaiste agus Aire Oideachais agus Scileanna conas gur féidir léi a rá gur léir nár ghá scoil nua a bhunú agus go bhfuil a Roinnse deimhin de gur féidir leis na scoileanna atá ann riar ar an méadú réamh-mheasta déimeagrafach i Meán Fómhair 2010, i gceantar Ráth Tó nuair is é mian na dtuismitheoirí sa cheantar go ndéanfaí oideachas a bpáistí a riaradh trí mheán na Gaeilge ach nach bhfuil gaelscoil sa cheantar agus gur dhiúltaigh a Roinnse aitheantas a thabhairt do Ghaelscoil Ráth Tó le hoscailt i Meán Fómhair 2010, d’ainneoin gur aithníodh Ráth Tó mar cheann de na limistéir aitheanta ar leith go bhfuil éileamh ardaithe ann ar bhunú bunscoileanna a rachadh i mbun feidhmíochta i Meán Fómhair 2010 de réir anailís mhionsonraithe Rannóg Pleanála Chun Cinn na Roinne Oideachais agus Scileanna féin; agus an ndéanfaidh sí ráiteas ina thaobh. [17841/10]
I propose to take Questions Nos. 401 and 402 together.
Tá ról maighdeogach le himirt ag an mbunscolaíocht i gcaomhnú agus i leathnú na gcéad teanga oifigiúila. Bhí cur chun cinn na Gaeilge ina haidhm mhór ariamh ag Rialtais na hÉireann i ndiaidh a chéile agus cosnaíodh i gcónaí a hionad sa chóras oideachais. Comhartha air seo an chaoi inar aithníodh líon suntasach Gaelscoileanna nua le blianta beaga anuas — 17 ar fad ó 2005 i leith.
B'fhéidir go bhfuil sé le fios ag an Teachta go bhfuil an Coimisiún um Chóiríocht Scoileanna ag athbhreithniú faoi láthair na nósanna imeachta do bhunscoileanna a bhunú. Nuair a d'fhógair mo réamhtheachtaí go raibh an t-athbhreithniú á thosnú dúirt sé nach mbunófaí bunscoileanna nua ar bith sula mbeadh an t-athbhreithniú curtha i gcrích agus nósanna imeachta nua curtha ar bun, ach amháin in áiteanna inar cheart scoileanna nua de bharr fás a bheith tagtha ar an daonra. De réir na socruithe eatramhacha atá i bhfeidhm maidir le haitheantas a thabhairt do bhunscoileanna nua fad is atá an t-athbhreithniú ar na nósanna imeachta ar siúl, is cóir do Chathaoirleach an Choimisiúin um Chóiríocht Scoileanna comhairle a chur ar an Aire i gcásanna ina gcuireann níos mó ná pátrún amháin in iúl gur mhian leis scoileanna a oscailt in áiteanna inar gá scoileanna nua de bharr fás a bheith tagtha ar an daonra.
Tá staidéar mar gheall ar an tír déanta ag an Rannóg Pleanála Chun Cinn chun a fháil amach céard iad na ceantair inar fhéadfadh gá a bheith le cuid mhaith cóiríocht breise insna blianta amach romhainn. Thug an staidéar seo le fios nach raibh gá ar bith le scoileanna nua sa scoilbhliain 2009/10 de bharr athruithe a bheith tagtha ar an daonra. Ní hionann sin is a rá nár tháinig méadú ar an gcohórt freastal scoile i gceantair áirithe. Tar éis na hanailíse mionsonraithe seo ba léir go mba chríonna an rud é pleanáil a dhéanamh do bhunú scoileanna nua, a thosnódh ag obair i Meán Fómhair 2010, chun riar ar éileamh méadaitheach i gceantair sainaitheanta áirithe. Bhí comhairliúchán mionsonraithe ann i rith 2009 leis na pátrúin go léir maidir leis na ceantair a bhí á machnamh. I gcás formhór na gceantar seo ba í tuairim lucht na gluaiseachta Gaelscoileanna nár leor an t-éileamh breise ar sholáthar lán-Ghaelach chun údar maith a bheith le bunú Gaelscoile nua.
Rinneadh iarratas sainiúil ar bhunú Gaelscoile i Ráth Tó, Co na Mí. Tar éis anailíse mionsonraithe ar an méadú i líon na ndaltaí i Meán Fómhair na bliana seo, agus ar chumas na scoileanna atá ann, áfach, ba léir nár ghá scoil nua a bhunú chun riar ar an bhfás deimeagrafach. Bhí mo Roinnse deimhin de gur féidir leis na scoileanna atá ann riar ar an méadú réamh-mheasta deimeagrafach i Meán Fómhair 2010. Déanfar athbhreithniú ar an scéal roimh Mean Fómhair 2011 ag tógaint cúrsáí riachtanais san áireamh agus tar éis dul i gcomhairle leis na comhluchtaí pátrúnachta.
403 Deputy Kathleen Lynch asked the Tánaiste and Minister for Education and Skills the number of students in the County Cork with special needs who are currently seeking access to second level education; the facilities in place to cope with this demand; and if she will make a statement on the matter. [17901/10]
The enrolment of a child in a school is a matter in the first instance for the parents of the child and the Board of Management of a school. My Department has no role in relation to processing applications for enrolment in schools and therefore the information requested by the Deputy in relation to the number of students in County Cork with special needs currently seeking access to second level education is not available.
The level and extent of resources provided to support pupils with special educational needs depend on the precise nature of the special educational need of the particular pupil. Supports can include the allocation of additional resource teaching support, special needs assistants, special school transport arrangements and grants for specialist equipment and/or assistive technology. School buildings may be adapted where necessary.
The National Council for Special Education through its network of Special Education Needs Organisers (SENOs), co-ordinates special needs education provision at local level. SENOs act as single points of contact for parents of students with special educational needs.
All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie
404 Deputy Olivia Mitchell asked the Tánaiste and Minister for Education and Skills the position regarding the proposal for a temporary letting for a school (details supplied) of unregistered lands required now for both the temporary and permanent school for which the council does not yet have full title; and if she will make a statement on the matter. [17996/10]
I am advised that the school is currently in occupation of a portion of the site owned by the Council. In relation to the outright acquisition of the entire holding, my Department understands that the County Council are in the process of rectifying outstanding title difficulties. When good title is demonstrated, the proposed acquisition of the site and the proposed permanent building project for the school will be considered in the context of the capital budget available to my Department for school buildings generally.
405 Deputy Brian O’Shea asked the Tánaiste and Minister for Education and Skills the assistance she will provide to a person (details supplied) in County Waterford; and if she will make a statement on the matter. [17998/10]
Under the terms of my Department's student grant and free fees schemes, students who are entering approved courses for the first time are eligible for grants and free tuition fees where they satisfy the prescribed conditions of the individual schemes, including those relating to progression. In general, students who previously pursued a course of study are not eligible for grant assistance or free tuition fees in respect of a second period of study at the same level, irrespective of whether or not a grant or tuition fees were paid previously.
The main objective of this policy is to assist as many students as possible in obtaining one undergraduate degree and in progressing, where appropriate, to a postgraduate course of study. Subject to the conditions of the individual schemes, free tuition and grants are available where students are progressing to a course at a higher level.
The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the Local Authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.
If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC.
Where an individual applicant has had an appeal turned down, in writing, by the assessing authority, and remains of the view that the body has not interpreted the schemes correctly in her/his case, an appeal form outlining the position may be submitted by the applicant to my Department.
No appeal has been received by my Department to date from the candidate referred to by the Deputy.
Section 473A of the Taxes Consolidation Act, 1997 provides for tax relief, at the standard rate of tax, for tuition fees paid in respect of approved full/part-time courses in both private and publicly funded third level colleges and universities in the State and any other EU Member State. Further details and conditions in relation to this tax relief are available from the Revenue Commissioners.
406 Deputy Willie O’Dea asked the Tánaiste and Minister for Education and Skills if she will assess a request from a school (details supplied) in County Limerick to enable them to retain a DEIS teaching post which is due to be suppressed. [18002/10]
The key factor for determining the level of resources provided by my Department at individual school level for any school year is the pupil enrolment at the previous 30 September. The enrolment is applied to a staffing schedule which issues annually from my Department.
According to data submitted to my Department by the Board of Management of the school referred to, the school's enrolment on 30th September 2009 was 62 pupils. In accordance with the 2010/2011 staffing schedule (Circular 0021/2010), which is available on my Department's website, the mainstream staffing in the school for the coming school year will be Principal and 2 mainstream class teachers.
The school in question is a Junior School and is included in Band 1 of the urban strand of the School Support Programme (SSP) under DEIS for staffing purposes for which the class size guidelines are 20:1 in junior classes (junior infants through to second class). The staffing allocation under DEIS is a top-up allocation based on the number of pupils enrolled for whom no additional supports have already been granted i.e. Traveller pupils. The enrolment of this school for consideration under the DEIS top-up allocation is 57 pupils and does not warrant the retention of the DEIS teaching post for the 2010/2011 school year.
Having regard to the number of pupils enrolled at the school, I am satisfied that the level of teaching resources provided represents an adequate response for a Primary DEIS Band 1 junior school.
407 Deputy Mary O’Rourke asked the Tánaiste and Minister for Education and Skills the course of action a person (details supplied) can take in order to get information on their future job security. [18006/10]
The person referred to by the Deputy is currently employed by Co. Westmeath Vocational Education Committee and is based at one of the Committee's Community Colleges in that county. A new school is planned to replace the College's existing building and the project is one of eight new schools which were approved for inclusion in the 3rd Bundle of schools to be procured via Public Private Partnership. The Department of Education & Science operates the Design Build Finance and Maintain (DBFO) model as the preferred option for PPP projects. This provides that the maintenance of the buildings over the 25 year period of the contract becomes the responsibility of the PPP Operator and ancillary staff currently employed by the school will be given the option, under EU legislation, of transferring their employment to the PPP Company.
In early 2009, during the initial stakeholders' consultation in the College the ancillary staff currently employed by the VEC were informed that they will be offered the option to transfer their employment to the successful PPP Operator in due course. Following representations from the person mentioned in the Deputy's question and his union representative the options open to the ancillary staff who may wish to transfer are being explored further.
408 Deputy Noel J. Coonan asked the Tánaiste and Minister for Education and Skills if she will provide a list of schools in north Tipperary which applied for a school building project in 2000 and which are still waiting on their project to come to fruition; the building works applied for by these schools; the reason for the delay; and if she will make a statement on the matter. [18049/10]
Information in respect of the current school building programme along with all assessed applications for major capital works is now available on my Department's website at www.education.ie.
I have set out, for the Deputy's convenience, a list of schools in North Tipperary that applied for a school building project in 2000. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it.
Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website. The further progression of all large scale building projects, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.
However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of these projects at this time.
|
RN |
Name |
Address |
Band Rating |
Project |
App. Date |
Stage |
|
09190G |
Boher NS |
Boher, Killaloe |
1.2 |
Extension |
25/01/2000 |
Awaiting appointment of Design team |
|
15696B |
Silvermines NS |
Nenagh |
2.1 |
New School |
07/01/2000 |
Tender Stage progressing to construction |
|
18213Q |
Sn Leamhnach |
Thurles |
2.5 |
Extension |
04/08/2000 |
Application Stage |
|
18435L |
Sacred Heart Primary School |
Roscrea |
2.1 |
Extension |
04/02/2000 |
To proceed to Appt of Design Team in third quarter of 2010 |
|
18443K |
SN Iosef Naofa |
Eaglais |
3.4 |
Extension |
21/08/2000 |
Application Stage |
|
65460C |
Presentation Secondary School |
Thurles |
2.4 |
Extension |
04/12/2000 |
Application Stage |
|
72370P |
Borrisokane Community College |
Borrisokane |
2.1 |
Extension |
20/03/2000 |
Advanced Architectural Planning |
|
72490C |
Coláiste Mhuire |
Thurles |
2.4 |
Refurb |
20/03/2000 |
Application Stage |
409 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills if she will confirm that all persons correcting State exams in 2010 are teachers who have not taught the new syllabus in the subjects they are correcting; the number of retired teachers still correcting State exams; if a teacher corrects in one year, if they are automatically reappointed for the next year; and if she will make a statement on the matter. [18065/10]
The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations including organising the holding of examinations, determining procedures in places where examinations are conducted including the supervision of examinations and making arrangements for the marking of work presented for examination.
In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.
411 Deputy Paul Connaughton asked the Tánaiste and Minister for Education and Skills the stage of the new building for a school (details supplied) in County Galway; if the funding is committed for this school; when construction will commence; the expected completion date; and if she will make a statement on the matter. [18125/10]
The school to which the Deputy refers was one of a number of projects announced on the 16th February last to commence architectural planning in 2010.
A tender competition is currently under way for the appointment of a Project Manager/Design Team. When this competition is completed it is expected that planning permission will be lodged soon thereafter.
412 Deputy Paul Connaughton asked the Tánaiste and Minister for Education and Skills if the site purchase for a school (details supplied) in County Galway is completed; when the school is likely to go to tender; the expected completion date; and if she will make a statement on the matter. [18126/10]
My Department has been involved in discussions with Galway County Council in relation to this matter. I am advised that the Local Authority is actively engaged in negotiating on a suitable site, however due to the commercial sensitivities pertaining to the acquisition of school sites generally, it is not possible for me to comment further at this time.
413 Deputy Joe McHugh asked the Tánaiste and Minister for Education and Skills her plans to reduce the number of special needs assistants in the context of Article 24 and Article 26 of the Lisbon treaty’s Charter of Fundamental Rights, which declares that children shall have the right to such protection and care as is necessary for their well being; in allocations relating to children, whether taken by public authorities or private institutions, the child’s best interest must be primary consideration; and if she will make a statement on the matter. [18176/10]
The provision of appropriate educational intervention and supports for children with special educational needs continues to be a key Government priority. Over €1 billion is being spent in supporting special educational provision this year.
My Department is very supportive of the special needs assistants (SNA) scheme. It has been a key factor in both ensuring the successful integration of children with special educational needs into mainstream education and providing support to pupils enrolled in special schools and special classes.
I wish to clarify for the Deputy that the current review of SNAs is intended to ensure that the criteria governing the allocation of such posts are properly met and that there is a consistent application of policy in relation to the allocation of special needs supports across the country. I am on record in the House refuting claims that my Department had given a target to the NCSE for reducing the number of SNAs. This is not the case. The terms and criteria for the SNA scheme have not changed and the NCSE continues to allocate additional posts where the criteria are met.
At the same time, it has to be recognised that children with special educational needs progress and develop over time. Children also leave school for a number of reasons. It is good practice for supports to be varied and adjusted in line with such progress and development and for posts to be withdrawn where pupils have left the school.
Accordingly, the current review is not incompatible with either of the Articles referenced by the Deputy.
414 Deputy Paul Gogarty asked the Tánaiste and Minister for Education and Skills the position regarding the provision of transition year places when a child is unable to obtain a place at his or her own school due a restriction in numbers; and if she will make a statement on the matter. [18195/10]
415 Deputy Paul Gogarty asked the Tánaiste and Minister for Education and Skills the guidelines if any, that have been issued to schools regarding the provision of transition year places to students; and if she will make a statement on the matter. [18196/10]
418 Deputy Paul Gogarty asked the Tánaiste and Minister for Education and Skills the barriers to students seeking to study for the leaving certificate applied or leaving certificate vocational examinations in undertaking transition year prior to these courses; if any departmental guidelines have issued regarding same; if schools are permitted to make a policy decision not to recommend transition year for students who will be following LCV and LCA courses; and if she will make a statement on the matter. [18199/10]
I propose to take Questions Nos. 414, 415 and 418 together.
The management authority of each school carries responsibility for making decisions regarding the Transition Year (TY) Programme in that school. In some schools, the programme is compulsory for all students.
In those that offer it as an option, circumstances may arise where it is necessary to limit the number of students who can avail of it. In such cases, it is the board of management that decides the number of places available to students. In cases where restrictions apply, schools should have clear procedures regarding how places are allocated to students.
There is no inherent reason TY should not be made available as an option to students intending to pursue the Leaving Certificate Applied or Leaving Certificate Vocational Programme.
416 Deputy Paul Gogarty asked the Tánaiste and Minister for Education and Skills the autonomy that school boards of management possess under the Education Act; the rights that parents possess to appeal decisions to the board of management or to her as well as to seek evidence of transparency in decision making; and if she will make a statement on the matter. [18197/10]
In Ireland, the 1998 Education Act provides the legal framework for the delivery of education to children.
Under the Education Act, 1998 the day to day management of schools is a matter for the Board of Management. Specifically, Section 15(1) of the Act provides that "It shall be the duty of a board to manage the school on behalf of the patron and for the benefit of the students and their parents and to provide or cause to be provided an appropriate education for each student at the school for which that Board has responsibility".
Under Section 20 of the Act, Boards of Management must establish procedures for informing the parents of children in the school of matters relating to the operation and performance of the school. The Act provides that parental concerns should be determined in the school concerned and appealed to its Board of Management.
Where parents raise a concern with schools, I support the approach whereby schools keep parents informed throughout the decision making process; and inform parents of both its decision as well as the reasons for its decision. Parents are mindful that issues relating to a member of staff have to be dealt with by the school management in the context of an employer/employee relationship.
Under Section 29 of the Act, specific provision was made for parental right to appeal decisions taken by a Board of Management of a school, or a person acting on behalf of the Board to expel, or suspend a pupil for a period greater than 20 days, or refuses to enrol a student. Parents can appeal such decision either to the relevant Vocational Educational Committee, in the first instance for VEC schools, or to the Secretary General of my Department.
The intention that lies behind this distinction in the legislation is clear. Suspension, expulsion, or refusal to enrol students are very serious decisions that can have a major impact on the education of the individual pupils concerned. The legislation provides for the appeals to the Secretary General of my Department to be heard by an independent committee. Committees are comprised of a serving School Inspector and two other persons nominated from a panel appointed by the Minister. The committee members comprise persons with previous experience and expertise in the educational field. In making a determination on a Section 29 appeal, the committee will provide evidence of the material it considered and reasons for its decision.
A recent High Court judgment on one Section 29 determination by an appeal committee has altered the scope of the determinations by these committees. Clarity on this High Court judgment is being sought through the Supreme Court, which is due to hear the appeal over the coming days. This clarity will assist with drafting of regulations and legislation in this area in the future, as well as informing the implementation of the commitment in the Programme for Government to ‘examine how best school governance systems can evolve to better include parents and students in decision-making in schools and develop a new regulatory framework for school enrolment'.
417 Deputy Paul Gogarty asked the Tánaiste and Minister for Education and Skills the plans, if any, that are in place to review the Education Act to create a more standardised decision making template for schools in day-to-day administration and provision of services to students; and if she will make a statement on the matter. [18198/10]
The Education Act 1998 provides the broad framework for our education system and sets out the main roles, rights and responsibilities of the various parties to our education system. An extensive range of supports and guidance material, including Department Circulars, is in place to assist and guide schools in carrying out their day to day activities.
The Education Act 1998 provides the Minister with the power to make regulations relating to a range of issues concerning the provision of education by schools. Rather than engage in an exercise to review the act itself, the incremental use of those regulatory powers where appropriate to replace and supplement existing rules and circulars is favoured.
419 Deputy Lucinda Creighton asked the Tánaiste and Minister for Education and Skills the number of departmental staff, including political staff and special advisers, who are in receipt of a pension on foot of previous public sector employment; the values of these pensions per employee per annum; the salaries each of these employees is currently paid; and if she will make a statement on the matter. [18346/10]
At present my Department has an educational psychologist who is a former retired school teacher. On his appointment to the National Educational Psychological Service (NEPS) the payment of his teacher's pension ceased. The person concerned is in receipt of a gross salary of €79,238.
At the recruitment stage, once the Department becomes aware that an officer is in receipt of a public service pension, arrangements are put in place in order that the pension is abated for the duration of their employment with this Department. Officers who join the Department with previous public service can opt to preserve their benefits until pension age or if they so wish, they can opt to transfer their service, if appropriate for inclusion in the civil service pension schemes.
420 Deputy Joanna Tuffy asked the Tánaiste and Minister for Education and Skills the number and percentage of children attending national schools who are in receipt of English language support tuition by a school patron, in tabular form; and their numbers and percentage of the numbers of children attending national schools nationwide. [18358/10]
In the current school year, there are over 1,180 EAL teachers (English as an additional language) at primary level providing support to about 32,200 migrant students for whom English is not their first language.
The level of detail sought by the Deputy in respect of each individual school would take some time to collate within my Department. My Department's Teacher Allocation Section is currently focused on the initial work for the allocation of staffing for the coming school year and I do not propose to divert them from this work at this key time in the allocation process.
421 Deputy Charlie O’Connor asked the Tánaiste and Minister for Education and Skills if she will reinstate funding to a school (details supplied) in Tallaght, Dublin 24, under the school support programme, which has been successful in the college; if she will note the concern of the school community that this funding has been withdrawn; and if she will make a statement on the matter. [18359/10]
My Department provides funds for over thirty projects in Local Drugs Task Force areas, including the project specifically referred to by the Deputy. The projects are mainly administered by the three VECs in Dublin City, Dublin County and in Dún Laoghaire.
In the context of the budget for 2010 and the difficult fiscal climate, it was decided that funding for these projects was to be reduced from €3,643,000 in 2009 to €2,461,000 in 2010. While the overall Departmental reduction in the 2010 allocation is 32%, it was a matter for the VECs to prioritise funding for individual projects within the allocation provided. In that context, it is understood that the project at the school in question will cease operation at the end of the current school year.
It is important to note that the school in question is included in DEIS, the Department's action plan for educational inclusion which provides for a standardised system for identifying levels of disadvantage and an integrated School Support Programme (SSP). The supports for schools include:
additional capitation funding based on levels of disadvantage;
additional funding for school books;
access to the School Meals Programme;
access to Home School Community Liaison with one Full time HSCL Coordinator appointed to this school;
access to the School Completion Programme — in the region of €327,000 was allocated to the SCP project, which includes this school and two primary schools. SCP Projects must devise a collaborative programme of in-school, after-school and holiday-time interventions that will prevent early school leaving and support young people with characteristics and behaviour that are indicative of real risk. Each project employs a local Coordinator to run the project at local level;
enhanced guidance counselling provision;
access to planning supports;
provision for a school library and librarian support in post primary schools with most disadvantage;
access to the Junior Certificate School Programme and Leaving Certificate Applied;
access to a range of professional development supports.
