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Dáil Éireann díospóireacht -
Thursday, 25 Nov 2010

Vol. 723 No. 2

Written Answers

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 9, inclusive, answered orally.

Local Government Funding

Richard Bruton

Ceist:

10 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the new initiatives he plans to aid local government funding; and if he will make a statement on the matter. [44269/10]

The renewed Programme for Government contains commitments to introduce a new system for the financing of local government, ensuring the viability of local services, and that Government policy for the reform of Local Government is implemented. The Programme further commits to the introduction of charging for treated water use that is fair, significantly reduces waste and is easily applied.

The revenue base of local authorities was broadened in 2009 by the introduction in the Local Government (Charges) Act 2009 of a charge on non-principal private residences. The charge is payable in respect of private rented accommodation, holiday homes and other non-principal private residences. As at 22 November 2010, the non-principal private residence charge had raised €66,871,580 in respect of 2009 and €63,252,880 to date in respect of 2010.

It is intended that volumetric water charges for domestic customers will be introduced from 2014. The introduction of water charges will be preceded by a programme to install water meters in all houses connected to public water supplies.

A dedicated Cabinet Committee has been engaged in finalising the policy decisions for inclusion in the White Paper on Local Government. I intend to publish the White Paper as soon as possible following completion of the Government's deliberations.

The National Recovery Plan 2011-2014 published by Government yesterday sets out the future initiatives, in the context of the State's overall financial position, to put the funding of locally delivered services on a sound financial footing, improve accountability and better align the cost of providing services with the demand for such services. The immediate funding position and associated measures in the period ahead form part of next year's Budget which will be presented by my colleague, the Minister for Finance, on 7 December.

Special Areas of Conservation

Denis Naughten

Ceist:

11 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government his plans to review the designation, turf cutting restrictions and purchase of bogs in view of the current financial restrictions; and if he will make a statement on the matter. [44226/10]

The State has a legal obligation under the Habitats Directive and under the Wildlife Acts to protect sites that it has designated for conservation purposes. In Ireland a number of sites have been designated for the protection of raised bog habitat within Special Areas of Conservation (SACs) or Natural Heritage Areas (NHAs). These make up just over 4% of bogland in the State where turf-extraction is feasible.

Scientific evidence has shown that turf cutting and associated drainage is incompatible with preservation or the restoration of active raised bogs or degraded raised bog. For this reason, in May 2010, the Government confirmed the ending of the derogation which allowed a 10-year continuation of turf-cutting on raised bog SACs and NHAs. Cutting is no longer permitted on the first 31 of these sites, without my express consent. Similar measures will be introduced on a further 24 raised bog SACs from the end of 2011 and on 75 raised bog NHAs in 2013.

It is not possible to reconsider the ending of the derogation period. Ireland has a clear legal obligation to protect these sites. To fail to do so would risk infringement proceedings against the State with possible significant financial sanctions.

In May 2010, the Government announced the closure of the Bog Purchase Scheme to new applicants but decided to complete purchases for the existing applications, subject to contract.

An Interim Compensation Scheme was also established to compensate those who have been cutting turf on the 31 raised bogs sites on which cutting is no longer permitted, without my consent.

The Government also requested my Department and the Office of the Attorney General to undertake further work in regard to how the interests of affected parties can be addressed in the longer term. This work is ongoing and I intend to revert to Government in relation to these issues shortly

Local Authority Housing

Róisín Shortall

Ceist:

12 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government when the incremental purchase scheme will be fully operational; the rationale for the implementation of this scheme and if any modifications of the scheme are under consideration in light of the sustained fall in house prices. [44395/10]

Regulations to implement the Incremental Purchase Scheme for new homes were made in June 2010. Housing authorities are making the necessary arrangements to make the scheme fully operational.

Meeting the legitimate aspirations of many households for home ownership has traditionally been a key component of housing policy in Ireland. The Government's housing policy statement, Delivering Homes, Sustaining Communities, emphasised the Government's firm commitment to respond to the needs of households who face difficulty in resourcing home purchase on the open market. It remains Government policy that low-income earners be afforded the opportunity to purchase homes.

The incremental purchase scheme provides benefits both for the purchaser and the State. The scheme offers the earliest possible start on the path to home ownership for those willing and able to undertake a house purchase. It allows social housing tenants and persons who have an assessed housing need avail of attractive discounts, from 40% to 60% of the total cost of the house depending on income, to purchase a new home. The scheme is also structured to make it attractive for people to put down long-term roots in the community and to commit to an area, thereby contributing to more stable and integrated communities. For the State the scheme reduces management and maintenance costs and facilitates recycling of capital funding to provide additional social housing.

In the present constrained environment the demand for tenant purchase is understandably low. The number of tenant purchase sales has dropped from 1,855 in 2006 to 161 last year. This will certainly affect the early take up of the Incremental Purchase Scheme, but I expect, as confidence returns, that the scheme will prove an important instrument of housing policy.

Finally, I wish to refer to the announcement in June 2010 of the intention to replace the existing tenant purchase arrangements with a new scheme based on incremental purchase principles. This will allow tenants to buy their existing homes as well as giving them the choice to purchase a new local authority dwelling. This change will require amending legislation.

Severe Weather Events

Paul Kehoe

Ceist:

13 Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government the preparatory actions he and agencies and organisations under his remit have undertaken in advance of any adverse weather this winter; and if he will make a statement on the matter. [44282/10]

In keeping with international best practice, Ireland follows a generic approach to emergency management, which is set out in A Framework for Major Emergency Management. This was approved by Government in May 2006 and details the processes and procedures for managing and co-ordinating preparedness for, and response to, severe weather emergencies.

Each principal response agency (An Garda Síochána divisions, Health Service Executive areas and the main local authorities) adopted new format Major Emergency Plans with effect from 30 September 2008, based on a common emergency plan template outlined in the Framework. Local authorities are the lead agency for co-ordinating response to severe weather emergencies. Local authority Severe Weather Plans, which are a subset of the Major Emergency Plan, can be activated to co-ordinate the response whether a major emergency is declared or not. During the two severe weather events of last winter, for example, the coordination and inter-agency arrangements set out in the Framework were implemented at local and regional level, as required by local circumstances, without the declaration of a major emergency.

In the aftermath of last winter the National Steering Group, established to oversee implementation of the Framework for Major Emergency Management and chaired by my Department, carried out an initial review of the response to the severe weather events and sought the views of participants in the response on matters which could be improved for future such events. It established that the arrangements set out in the Framework were fit for purpose, and operated satisfactorily where used by local authorities (with their partner agencies) to manage the impact of both the flood and severe cold emergencies. However, some suggested changes and further development of operational matters are being implemented in association with the Framework's regional structures.

These changes were summarised in a Circular letter to all local authorities earlier this year, and covered the following points:

Clarification regarding early warning for severe weather emergencies;

Enhanced arrangements for provision of information to the public;

Protecting infrastructure;

Liaison with agencies outside of the immediate emergency management framework, including the OPW in relation to high volume pumping.

In addition, the National Roads Authority has significantly enhanced the salt procurement arrangements, to provide additional capacity for extended cold spells. Local authorities also have set out their priorities for road gritting. Relevant local authority personnel have attended seminars on the changes and updated arrangements which have been put in place.

Met Eireann, which operates under the aegis of my Department, provides the Public Service Weather Warnings system for local authorities and other bodies. Local authorities are provided with information from a number of other systems including the IceCast Road Weather Information System operated by the National Roads Authority in conjunction with Met Eireann, and river and coastal flood warning systems where these are in place.

The revised severe weather emergency arrangements were activated in a number of parts of the country in face of the recent threat of tidal flooding on the weekend of 7/8 November 2010.

EU Directives

Joan Burton

Ceist:

14 Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government the steps he has taken to implement Directive No. 2002/96/EC which imposes the responsibility for the disposal of waste electrical and electronic equipment on the manufacturers of such equipment. [44406/10]

Directive 2002/96/EC on waste electrical and electronic equipment (WEEE) required each Member State to introduce measures to provide for producer funded take back of end-of-life WEEE for consumers. The Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 came into effect on 5 July 2005 and completed the transposition of Directive 2002/96/EC.

These Regulations were subsequently amended by the Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 in order to avail of synergies with implementation of the Batteries Directive on 26 September 2008. Infringement proceedings, relating to a number of technical issues associated with the implementation of the Directive in Ireland, have been instituted by the European Commission; while the basis for the Commission's concerns on these technical points is contested, I intend to make Regulations addressing the issues involved by the end of this year.

Under the terms of the WEEE Directive, financing the environmentally sound management, including recycling, of waste electrical and electronic equipment is solely a producer responsibility. Two collective compliance schemes, funded by producers to discharge their responsibilities, are currently operating in Ireland. These compliance schemes, WEEE Ireland and the European Recycling Platform, are responsible for ensuring that all recovered household WEEE is managed in an environmentally sound manner and for putting in place tracking and auditing systems for materials recovery in line with the requirements of the Directive.

Retailers are required by law to take back WEEE free of charge on a one-for-one, like-for-like, basis from householders. Each local authority must also accept household WEEE free of charge at its civic amenity facilities. Retailers can have their premises designated as ‘WEEE collection points' or deposit household WEEE free of charge at the local authority civic amenity facilities. There are currently in excess of 600 ‘WEEE collection points' in Ireland including both retail outlets and civic amenity facilities and retailers are obliged to notify purchasers of these take back arrangements. Information on the WEEE take back system is available on my Department's web site — www.environ.ie.

There has been a very positive response to the scheme in Ireland and in just five years, nearly forty two million units of household WEEE, equating to over one hundred and eighty thousand tonnes of old electrical and electronic equipment, have been safely taken out of circulation and recycled. The compliance schemes report that circa 9kg per capita of household WEEE is being collected for recycling per annum; this is over double the prescribed 4kg target as set out in the WEEE Directive and indicates that Ireland has had significant success in implementing this Directive.

The WEEE Monitoring Group, which is made up of representatives from relevant industry and public sector stakeholders, oversees the implementation and operation of the WEEE Directive in Ireland. My Department continues to work with relevant stakeholders through this Group to ensure that Ireland maintains its strong track record of performance versus our EU targets for WEEE recovery and recycling.

Departmental Agencies

Michael D. Higgins

Ceist:

15 Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government the position regarding the Programme for Government commitment that there would be a review of the Environmental Protection Agency; and if he will make a statement on the matter. [44415/10]

On foot of a commitment made in the Programme for Government, I initiated a review of the Environmental Protection Agency (EPA) in February 2010.

Under its terms of reference, the Review Group has been asked to review the legislation governing the EPA; assess performance against its mandate and evaluate the scope of that mandate; review the resources allocated to it; assess the structures and governance of the Agency; and assess the relationship between the Agency and other parts of the environmental governance structure in Ireland. The review group members are drawn from a varied background and include environmental, legal, academic, business and agriculture experts. The group also includes former Directors of the EPA and its Dutch counterpart.

A public consultation process in relation to the review was held earlier in 2010 and received over 130 submissions. The review group, as part of its ongoing work programme, has also consulted with a wide range of stakeholders including environmental Non-Governmental Organisations, the Irish Farmers Association, the Irish Business and Employers Confederation, Government Departments and other public bodies, the City and County Managers Association and of course, the EPA itself.

I expect the Review Group to be in a position substantially to conclude its work early in 2011 and to submit its report quickly thereafter. I envisage that the report will be published in due course, following consideration of its conclusions and recommendations.

The EPA plays a key role in monitoring, maintaining and improving Ireland's environmental performance and, accordingly, I attach a high level of importance to the review. Good environmental governance is a key priority for the Government as a whole, in particular as an essential element of sustainable development. The review is also important in the context of the Transforming Public Services agenda and the need for efficiency and effectiveness in a resource constrained environment. The ultimate aim of the review is to strengthen the Agency and I look forward to the finalisation of the Review Group's report. Further details in relation to the review are available on my Department's website at www.environ.ie.

Water Services

James Bannon

Ceist:

16 Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government his plans to roll out a nationwide water metering programme; and if he will make a statement on the matter. [44253/10]

Jim O'Keeffe

Ceist:

39 Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government in view of the proposals to introduce water meters for domestic water charges, the estimated cost per home of installing meters and the timeframe for the implementation of such a measure. [44223/10]

I propose to take Questions Nos. 16 and 39 together.

As outlined in the Government's National Recovery Plan 2011-2014, it is intended that water charges for domestic customers will be introduced from 2014. This will be preceded by the rollout of a national metering programme to install meters in all households connected to the public water supply. The metering programme is likely to take a number of years to be completed but it is intended that it will be substantially complete by 2014.

My Department and the Department of Finance have been in discussions with the National Pensions Reserve Fund (NPRF) regarding the funding of the metering programme. The NPRF has agreed in principle to fund the programme up to an amount of €550 million subject to normal commercial terms in keeping with its statutory remit.

The overall cost of the programme, and cost per household, will be dependent on the types of water meters and associated equipment chosen for use and the method of installation to be employed all of which will be subject to a competitive tendering exercise. My Department is analysing the various options to ensure the delivery of the metering programme in the most cost effective manner.

Planning Issues

Róisín Shortall

Ceist:

17 Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government his plans to carry out a review of the retail planning guidelines; the processes to be put in place to carry out the review; the consultation that will be undertaken and the timeframe; when the review is completed the way he plans to proceed thereafter; and if he will make a statement on the matter. [44394/10]

My Department is currently reviewing the Retail Planning Guidelines which were originally published in 2001 and updated in 2005.

An Issues Paper, which set out high-level and strategic issues for retail planning, was published in June 2010 to provide an opportunity for stakeholders and interested parties to assist in identifying key issues to be considered in the context of preparing and drafting revised guidelines. Almost 200 submissions were received through this consultation process and the issues raised in these submissions are currently being examined in drafting the updated guidelines.

It is intended that revised draft guidelines will be published for public consultation early next year, thus affording stakeholders and interested parties a further opportunity to input into the policy formulation process before the statutory guidelines are finalised in mid-2011.

Local Authority Housing

Mary Upton

Ceist:

18 Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government his plan to phase out the existing tenant purchase scheme and if so when; the direction being given to local authorities to inform tenants that this scheme will no longer be available to them; and if he will make a statement on the matter. [44393/10]

Thomas P. Broughan

Ceist:

192 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the position regarding the tenant purchase scheme; if a directive has been issued to local authorities to end this programme; if a directive has been issued ending the tenant purchase scheme and the reason for same; and if he will make a statement on the matter. [44480/10]

I propose to take Questions Nos. 18 and 192 together.

When I introduced the Incremental Purchase Scheme, applying to certain new local authority housing stock, on 14 June 2010 I indicated my intention to bring forward legislation in 2011 to underpin a similar scheme for the sale of existing local authority houses to tenants. This scheme will replace the current tenant purchase scheme introduced in 1995.

The intention to replace the existing tenant purchase scheme was signalled in the housing policy statement Delivering Homes, Sustaining Communities, which was the subject of consultation with interested parties.

To ensure an orderly wind-down of the existing scheme, my Department has requested housing authorities to inform all existing and new tenants of houses, as soon as possible, of the decision to end the scheme in 2012 so that they have sufficient time to apply to purchase their home under the existing scheme if they so wish.

Subject to the necessary legislation, the proposed scheme to replace the existing tenant purchase scheme will mean that existing tenants will have the option of buying their own or a new home under the incremental purchase model.

EU Directives

Thomas P. Broughan

Ceist:

19 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the steps he has taken to implement Directive No. 91/271/EEC concerning the collection, treatment and discharge of urban waste water and the treatment and discharge of waste water from certain industrial sectors; the adverse effects caused by the discharge of such waters; and if he will make a statement on the matter. [44409/10]

I refer to the reply to Question No. 39 of 8 July 2010, which outlined the position in regard to the provision of waste water treatment works.

Building Regulations

Jack Wall

Ceist:

20 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government if applicants for social housing are presented with a building energy rating certificate when social housing is being allocated; if an application for social housing will be adversely affected if the applicant is unwilling to accept a BER rating of less than C1; and if he will make a statement on the matter. [44391/10]

In accordance with the European Communities (Energy Performance of Buildings) Regulations 2006, housing authorities are required to present, on the allocation of a tenancy to a household, a printed copy of the property's BER certificate and advisory report.

Under current housing legislation, the BER rating of a property is not a reason for refusing an offer of social housing support from a housing authority. Similarly, the Housing Act 2009, which will amend and update allocation policy, does not provide the BER rating of a property as a reason to refuse an offer of accommodation.

Local Government Reform

Ruairí Quinn

Ceist:

21 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government when he will bring forward the White Paper on local Government which was promised for 2009; and if he will make a statement on the matter. [44402/10]

A dedicated Cabinet Committee has been engaged in finalising the policy decisions for inclusion in the White Paper on Local Government. I intend to publish the White Paper as soon as possible following completion of the Government's deliberations.

EU Directives

Kathleen Lynch

Ceist:

22 Deputy Kathleen Lynch asked the Minister for the Environment, Heritage and Local Government the position regarding steps to transpose the EU Directives on public participation; and if he will make a statement on the matter. [44417/10]

Directive 2003/35/EC (‘the Public Participation Directive') provides for public participation in respect of the drawing up of certain plans and programmes relating to the environment and for access to justice in certain environmental matters. It amends both Directive 85/337/EC on Environmental Impact Assessment and Directive 96/61/EC on Integrated Pollution Prevention and Control (IPPC). The Directive impacts on a range of consent systems including planning and strategic infrastructure, foreshore, aquaculture licensing, forestry, waste licensing and arterial drainage.

The system of judicial review gives effect to the access to justice requirements of the Directive. Other forms of redress — such as appeals against decisions of planning authorities to An Bord Pleanála and recourse to the Ombudsman where applicable — also transpose aspects of the Directive.

A wide range of legislation, affecting a number of Departments, was used to transpose the Directive. However, following a judgment of the European Court of Justice (ECJ) against Ireland in July 2009, it became apparent that further legislative amendments were necessary in order to complete transposition.

The most recent of these include:

Section 33 of the Planning and Development (Amendment) Act 2010;

the European Communities (Public Participation) Regulations 2010;

the Environmental Protection Agency (Amendment) Regulations 2010;

the Waste Management (Licensing) (Amendment) Regulations 2010; and

the Aquaculture (Licence Application) (Amendment) (No. 2) Regulations 2010.

The provision in the Planning and Development (Amendment) Act 2010 addresses the ruling of the ECJ in respect of the requirement that access to justice must not be prohibitively expensive. The four sets of Regulations impose a statutory obligation on the relevant public bodies to ensure that, when decisions under consent systems subject to the Directive are taken, such as decisions on IPPC licences and certain planning matters, practical information on how such decisions may be appealed is made available to the public.

National Biodiversity Plan

Kathleen Lynch

Ceist:

23 Deputy Kathleen Lynch asked the Minister for the Environment, Heritage and Local Government the position regarding the implementation of biodiversity strategy in place and if any measures contained in the strategy are yet to be implemented; and if he will make a statement on the matter. [44416/10]

I refer to the reply to Question No. 115 of 19 October 2010.

Since then, the closing date for the public consultation on the next National Biodiversity Plan has passed and a large number of detailed submissions were received and are under consideration at present. In addition the draft plan is being reviewed in light of decisions made by the recent Conference of the Parties of the Convention on Biological Diversity, held in Nagoya, Japan, and, in particular, the adoption of the new Strategic Plan for the Convention for the period 2011-2020.

I intend to bring the new Plan to Government shortly.

Commercial Rates

Michael D'Arcy

Ceist:

24 Deputy Michael D’Arcy asked the Minister for the Environment, Heritage and Local Government if he plans to introduce legislation to reform business rates policy charged by local authorities; and if he will make a statement on the matter. [44305/10]

Local authorities are under a statutory obligation to levy rates on any property used for commercial purpose in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. That Act and matters relating to valuation generally come under the remit of the Minister for Finance.

The body of legislation governing the levying and collection of rates by local authorities is comprehensive and well-established and I have no plans at present to introduce new legislation in this area.

Water and Sewerage Schemes

Denis Naughten

Ceist:

25 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government his plans to introduce a grant to upgrade septic tanks; and if he will make a statement on the matter. [44225/10]

While the Programme for Government included a commitment to introduce a scheme of support for the replacement and upgrade of septic tanks older than 15 years with newer systems, it is no longer feasible to introduce such a grant scheme in the light of budgetary constraints.

Under my Department's Rural Water Programme, grants are available to provide groups of households with the opportunity of connecting to public sewerage networks through communal sewage collection systems that are, in turn, connected to local authority sewers. Alternatively, the communal sewage collection system may be connected to sewage treatment facilities provided by the groups themselves. A grant of 75% of the approved cost, subject to a limit of €2,031.58 per domestic connection, whichever is the lesser, is available for eligible works. Details of these grants may be obtained from the local authorities, to whom the administration of the Rural Water Programme has been devolved since 1997.

Waste Management

David Stanton

Ceist:

26 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 455 of 12 October 2010, if he has finalised his response to the European Commission’s additional letter of formal notice dated 30 September 2010 regarding the 2005 judgment of the European Court of Justice Case -494/01 relating to valid waste authorisation for the former site (details supplied) at Haulbowline, County Cork; and if he will make a statement on the matter. [44442/10]

The European Commission's letter of formal notice referred to raised a number of issues, including the position regarding a waste authorisation for the site concerned. My Department is currently preparing a reply to this letter which will set out a series of actions to address the Commission's concerns in this regard. I expect this reply to be finalised at the end of this month.

End-of-Life Vehicles

Brian O'Shea

Ceist:

27 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the steps he has taken to implement Directive No. 2000/50/EC on end of life vehicles to prevent waste arising from end of life vehicles and to encourage the collection, re-use and recycling of vehicle components, so as to protect the environment; and if he will make a statement on the matter. [44420/10]

I assume the question refers to Directive No. 2000/53/EC on end-of life vehicles (ELVs) which sets out the specific measures to be put in place by EU Member States in relation to the collection, storage, treatment, dismantling, reuse and recycling of end-of-life vehicles.

Under the Directive, each Member State is required, inter alia, to ensure that all end-of-life vehicles are dismantled, treated and recovered at no cost to the final holder/owner of that vehicle and in a manner that does not cause environmental pollution.

The Waste Management (End-of-Life Vehicles) Regulations 2006 provide the regulatory framework for the implementation of this Directive in Ireland. Under the Regulations, a wide range of obligations are imposed on vehicle producers (manufacturers and professional importers), authorised treatment facilities, vehicle owners and local authorities.

Producers are required to establish national collection systems for the appropriate treatment and recovery of end-of-life vehicles of their particular brands. As a minimum and in accordance with the proximity principle, each producer's national collection system is required to have at least one authorised treatment facility in each city and county council area that will provide free take-back for vehicles of that producer's brand. In counties and cities with a larger population base, producers are required to have one extra facility for each additional 150,000 persons in the relevant county or city area. Producers must also register with each local authority, pay a registration fee and provide specified information to each local authority under the registration process.

Local authorities are responsible for the enforcement of the Regulations in their functional areas as well as the issuing of waste facility permits for authorised treatment facilities.

Since 1 January 2007, a statutory obligation has been imposed on the owner or operator of each authorised treatment facility to issue a certificate of destruction to the registered owner of an end-of-life vehicle at the time of the deposit of that vehicle at the facility concerned for appropriate treatment and recovery.

Directive 2000/53/EC sets reuse/recovery and reuse/recycling rates of 85% and 80%, respectively, to be achieved by 1 January 2006. The latest data available are in respect of 2008 and indicate that an estimated 127,612 end-of-life vehicles were treated by authorised treatment facilities in Ireland, yielding an overall reuse/recovery rate of 81.80% and an overall reuse/recycling rate of 75.88%. My Department will continue to engage with key stakeholders, and in particular with the motor vehicle industry producers, with a view to addressing this issue and ensuring that we take the necessary steps to meet the EU targets without delay.

Genetically Modified Organisms

Liz McManus

Ceist:

28 Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the steps he has taken to implement Directive No. 98/81/EC the purpose of which is to lay down common measures for the contained use of genetically modified micro-organisms for the purpose of protecting human health and the environment; and if he will make a statement on the matter. [44419/10]

The fundamental objective of Council Directive 2009/41/EC on the contained use of genetically modified micro-organisms (GMOs), which is a re-cast of EU Directive 98/81/EC, is to protect people and the environment from any adverse effects arising from the contained use of GMOs.

The Directive is transposed in Ireland by the Genetically Modified Organisms (Contained Use) Regulations 2001, the Genetically Modified Organisms (Deliberate Release) Regulations 2003 and the Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2010. These Regulations designate the Environmental Protection Agency (EPA) as the competent authority and provide for the application of various procedural matters to contained use activities. I am satisfied that Directive 2009/41/EC has been fully implemented in Ireland through these transposing measures.

Planning Issues

Mary Upton

Ceist:

29 Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government the consideration he has given to the geographical inconsistency in the percentage of planning applications overturned on appeal to An Bord Pleanála, for example 59.5% of appeals in Donegal were overturned while only 12% of appeals in the Longford local area were reversed; and if he will make a statement on the matter. [44392/10]

I assume the Question refers to information contained in An Bord Pleanála's 2009 Annual Report, which shows that the percentage of planning authority decisions overturned on appeal in Donegal was 59.5%, while the comparable percentage in Longford was 48%.

Planning authorities are of course independent statutory bodies, with democratically elected councils and their own management structures to carry out their statutory duties. Under planning legislation, planning authorities and An Bord Pleanála, in making decisions on planning applications, must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received, and relevant Ministerial or Government policies, including any guidelines issued by the Department. My Department has issued a large number of statutory planning guidelines to planning authorities and An Bord Pleanála in order to improve the quality of, and promote consistency in, decisions on planning applications.

The fact that the Board may make a different decision to a planning authority in a particular case is not necessarily an indication that the planning authority decision is incorrect. Planning decisions are based on a balanced judgment of a wide range of policies — economic, environmental and social. Different judgment outcomes depend on the range of policies considered, their interpretation in the particular context of the application and the weighting given to them.

Social and Affordable Housing

Pat Rabbitte

Ceist:

30 Deputy Pat Rabbitte asked the Minister for the Environment, Heritage and Local Government the direction or information he has given to local authorities regarding the appropriateness of acquiring Part V houses in unfinished estates in light of social integration, health and safety and duty of care concerns; and if he will make a statement on the matter. [44401/10]

Statutory responsibility for the making of agreements under Part V of the Planning and Development Acts 2000-2007 rests with the relevant planning authority.

Local authorities have been advised that where Part V agreements are in place but the development has not been completed, local authorities should, in the context of the proposed transfer of units, be satisfied that the development will be completed in accordance with the planning permission and Part V agreement. This would include any provisions relating to phasing, particularly with a view to avoiding any undue "front loading" of Part V units, where appropriate provisions in this regard are specified in the planning permission or the Part V agreement. In the absence of specific provisions in the planning permission or the Part V agreement governing the timing of the transfer of affordable units, authorities could express a preference for the deferral of the transfer of these units pending the completion of the overall development. Local authorities should have regard to this issue and the issue of possible "front loading" of Part V units in negotiating future Part V agreements.

Housing Grants

Lucinda Creighton

Ceist:

31 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government the amount of the extra €100 million allocated to improve or extend the private homes of older persons and persons with a disability that has been drawn down to date; and if he will make a statement on the matter. [44382/10]

The Housing Adaptation Grant Schemes for Older People and People with a Disability are funded by 80% recoupment available from my Department together with a 20% contribution from the resources of the local authority. Record exchequer allocations totalling almost €80m were notified to local authorities under the schemes on 5 March 2010, giving a combined allocation of almost €100m. It is a matter for each local authority to decide on the specific level of funding to be directed to each of the various grant measures from within the allocations notified to them by my Department and to manage the operation of the schemes in their areas from within their allocation.

Over the period 1 January 2010 to 19 November 2010, a total of €47.6m has been recouped by my Department to local authorities in respect of the exchequer contribution under the various grant measures.

EU Directives

Brian O'Shea

Ceist:

32 Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the steps he has taken to implement Directive No. 2000/EC/60 for the protection of inland surface waters, rivers and lakes, transitional waters, estuaries, coastal waters and groundwater; and if he will make a statement on the matter. [44421/10]

Directive 2000/60/EC, the Water Framework Directive, provides a comprehensive basis for the protection and improvement of inland surface waters, groundwater and transitional and coastal waters. The Directive requires that Member States take a catchment-based approach to the protection of waters by establishing river basin districts and management plans for these districts.

In July 2010 I approved river basin management plans for each of our seven river basin districts. The plans set out the current status of our waters, the environmental objectives to be achieved and the measures to be implemented in order to achieve those objectives. They cover all of the waters in the country, numbering approximately 5,000 surface water and 800 groundwater bodies.

The plans aim to increase the proportion of rivers and canals at good or high status from 54% currently to 68% by 2015 and the proportion of lakes at good or high status from 65% currently to 84% by 2015. These would represent significant improvements in water quality and the process of improvement will continue into subsequent planning cycles.

The measures to protect and improve waters require an appropriate legal base and since 2007, I have significantly strengthened the legislative framework for the protection of waters. New regulations, the Waste Water Discharge (Authorisation) Regulations, were introduced in 2007 requiring local authorities to obtain discharge licences from the EPA for wastewater treatment plants.

In 2009, the European Communities Environmental Objectives (Surface Waters) Regulations were introduced, establishing environmental quality standards and giving further effect to the Water Framework Directive. Earlier in 2010 I introduced complementary legislation in relation to groundwater.

The most recent Water Services Investment Programme 2010-2012 also reflects the priority which I have given to the protection and improvement of our waters, both in terms of the continued high level of investment and the alignment of the programme with the environmental priorities identified in the river basin management plans.

The challenge now will be to ensure that the objectives of the river basin management plans are realised. This will require, inter alia, a review of the current administrative structures in the context of implementing the recommendations of the report of the Local Government Efficiency Review Group which recognised the potential for strengthening the delivery approach at regional level, building on existing shared services arrangements.

Joe Costello

Ceist:

33 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the steps he has taken to implement Directive 96/61/EC which requires industrial and agricultural activities with a high pollution potential to have a permit so that companies themselves bear responsibility for preventing and reducing any pollution they may cause; and if he will make a statement on the matter. [44410/10]

The Environmental Protection Agency (EPA) has been licensing certain large-scale industrial and agriculture activities progressively since 1994. Originally the licensing system was known as Integrated Pollution Control (IPC) licensing, governed by the Environmental Protection Agency Act 1992. The Act was amended by the Protection of the Environment Act 2003 which gave effect to Council Directive 96/61/EC concerning Integrated Pollution Prevention and Control (IPPC).

EU Member States were required to comply with the IPPC Directive in respect of new installations by 30 October 1999 and existing installations by 30 October 2007. As of 1 September 2010, there were 576 IPPC permits in place in Ireland.

Ireland has fully implemented the Directive in respect of all sectors covered except for the intensive rearing of pigs and poultry. The EPA has taken significant steps to bring these sectors into full compliance and continues to take such action as is necessary in order to require all relevant installations to hold an IPPC permit.

The IPPC licensing system administered by the EPA is generally acknowledged to have secured substantial improvements in the environmental performance of the industrial and other activities covered by the IPPC Directive, for example, reduced emissions to air and water; energy savings; moves to more environmentally friendly processes; and lower noise emissions.

Question No. 34 answered with Question No. 6.

Water and Sewerage Schemes

Eamon Gilmore

Ceist:

35 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the position regarding the outstanding waste water treatment works that need to be carried out countrywide; when each of these works are due to commence; the amount being budgeted for these works; and if he will make a statement on the matter. [44412/10]

I refer to the reply to Question No. 100 of 19 October 2010, which outlined the position in regard to the provision of waste water treatment works.

EU Directives

Thomas P. Broughan

Ceist:

36 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the steps he has taken to implement Directive 80/68/EEC to protect ground-water from pollution by controlling discharges and disposals of certain dangerous substances to ground-water. [44408/10]

Directive 80/68/EEC was given legal effect through the Local Government (Water Pollution) Acts and related regulations. The effect of this legislation is that discharges of certain dangerous substances to groundwater are subject to prior authorisation by way of a licence from the relevant local authority.

The scope of the Directive is somewhat limited and it is due to be repealed in December 2013. The Water Framework Directive and a new Groundwater Directive (adopted by the EU in 2006), provide a broader, strengthened basis for the protection of groundwater.

Earlier in 2010, I introduced the European Communities Environmental Objectives (Groundwater) Regulations 2010 to give legal effect to the new Groundwater Directive. These Regulations strengthen the existing regime for the protection of groundwater and establish clear environmental objectives to be achieved in groundwater bodies within specified timeframes. Furthermore, they impose a duty on public authorities to implement measures aimed at achieving such objectives, including a review of authorisations to discharge to groundwater, to be completed by 22 December 2012.

Unfinished Housing Developments

Deirdre Clune

Ceist:

37 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the steps he will take to address the findings of the recently published National Housing Development Survey which revealed that 33,000 homes are either complete and vacant or nearly complete in 2,800 ghost estates across the country; if action will be taken quickly in view of the fact that these homes are currently vacant and are becoming increasingly derelict; and if he will make a statement on the matter. [44222/10]

Pat Rabbitte

Ceist:

44 Deputy Pat Rabbitte asked the Minister for the Environment, Heritage and Local Government his plans to provide a policy document to inform and assist local authorities in dealing with vacant and incomplete housing estates; his plans to establish a legislative framework to deal with this issue; and if he will make a statement on the matter. [44400/10]

I propose to take Question Nos. 37 and 44 together.

I refer to the reply to Question No. 5 on today's Order Paper which sets out the position in this matter.

Commercial Rates

Joanna Tuffy

Ceist:

38 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government his plans to ensure that rates are reduced so that businesses that are unable to pay rates because of reduced demands are treated on the basis of their ability to pay; and if he will make a statement on the matter. [44404/10]

Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The levying and collection of rates are matters for each individual local authority.

However, I have urged local authorities to exercise restraint in setting the Annual Rate on Valuation (ARV) in this and previous years and they have responded positively in this regard. Across the 88 local authorities the average change of ARV from 2009 to 2010 shows a decrease of 0.62%. As part of a range of measures to aid economic recovery, I am clear on the need for continued reductions in commercial rates over the coming years.

Question No. 39 answered with Question No. 16.

Unfinished Housing Developments

Emmet Stagg

Ceist:

40 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government his plans to introduce a change to the method by which bonds are calculated in view of the unprecedented number of ghost estates. [44397/10]

Sean Sherlock

Ceist:

45 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government if he has received requests from local authorities for funding to address issues in relation to incomplete estates where adequacy of bonds is of concern; and if he will make a statement on the matter. [44399/10]

Sean Sherlock

Ceist:

50 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government his plans to introduce legislation to provide the flexibility which would enable bonds to be called down in stages and to be called down in conjunction with enforcement proceedings; and if he will make a statement on the matter. [44398/10]

I propose to take Questions Nos. 40, 45 and 50 together.

Sections 34(4)(g) and 180(2)(b) of the Planning and Development Act 2000 provide respectively that a planning authority may attach conditions to a planning permission requiring the giving of adequate security for the satisfactory completion of a proposed development and, if a development is not subsequently completed satisfactorily, apply a security given under section 34 for the satisfactory completion of that development.

My Department has consistently advised planning authorities that it is essential that planning permissions for residential developments are subject to conditions under which an acceptable security is provided by way of bond, cash deposit or otherwise so as to secure the satisfactory completion of those developments. This advice was repeated in my Department's Development Management Guidelines of June 2007 and policy guidance on the Taking in Charge of Residential Developments of February 2008 which state that, in the case of residential development, planning conditions must require the giving of sufficient security prior to commencement of development and that planning authorities must ensure that they are in a position to draw down the security in cases where a developer fails satisfactorily to complete a residential development, or phase of a development, within the specified period.

The Guidance states that it is a matter for the planning authority to determine both the level of the security and the type of security (e.g. the lodgment of a bond from a financial institution such as a bank, insurance company or building society, a cash lodgment or a letter of guarantee from the Construction Industry Federation) that will be required for each residential development, but that the amount of the security, and the terms on which it is required to be given, must enable the planning authority, without cost to itself, to complete the necessary services (including roads, footpaths, water mains, sewers, lighting and open space) to a satisfactory standard in the event of default by the developer. The Guidance also states that planning authorities must ensure, when using time-limited bonds, that the bond is of sufficient duration to allow them time to inspect the development after the expiration of permission and still call in the bond if necessary, and recommends that the duration of the planning permission (and any approved extension of that duration) plus 2 years should be minimum duration for a bond.

In addition, the Guidance advises that a security condition must also provide for the recalculation of the amount specified in the condition by reference to the House Building Cost Index (or the Consumer Price Index) if the development to which the permission relates is not commenced within a specified period after the granting of the permission.

In relation to the matter of phasing of development, Circular Letter PD 1/08 states that planning authorities should consider whether it is appropriate to attach a condition regarding the phasing of a residential development in order to ensure that residents do not have to live in uncompleted residential developments for lengthy periods. It pointed out that a phasing condition could include requirements relating to the completion of roads, public lighting, open spaces, etc. which are necessary for, or ancillary to, the completed units in each phase. Such an arrangement would permit the security for satisfactory completion to be related to a particular phase or phases of the development and thus enable completion of sections of the scheme to be advanced while, at the same time, facilitating the developer by obviating the need for a very large security appropriate to the entire development.

The high-level Expert Group on Unfinished Housing Developments is actively developing practical and policy solutions to effectively address unfinished housing developments, including preparation of a guidance manual and Code of Practice and the identification of appropriate legislative reforms to ensure the satisfactory resolution of issues associated with unfinished estates. I expect the Expert Group to report back early in 2011.

I have not received any specific requests from local authorities for funding to address issues in relation to incomplete estates where adequacy of bonds is of concern.

Land Aggregation Scheme

Ruairí Quinn

Ceist:

41 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government the value of loans outstanding under the land aggregation scheme; the estimated volume of land to be acquired under the scheme; the number of local authorities involved in the scheme and if he will provide a breakdown of the scheme by each local authority. [44403/10]

Deirdre Clune

Ceist:

193 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the amount of land he expects to be transferred under the land aggregation scheme to the Housing and Sustainable Communities Ltd; the value of the land that is expected to be transferred; and if he will make a statement on the matter. [44493/10]

I propose to take Questions Nos. 41 and 193 together.

Applications totalling some €83 million from seven housing authorities and the National Building Agency have been received by my Department. It is difficult, however, to determine the exact value of the loans that will be approved for inclusion in the scheme, as the amount recouped will depend on a number of factors, including whether a portion of the loan has already been redeemed and/or there has been any apportionment or partial development of the site.

To date four applications have been approved by my Department for inclusion in the scheme, and details of the sites involved are set out in the following table.

Applications Approved

Local Authority

Site

Size of Site (Hectares)

Value of Loan

Wicklow Town Council

Hillview, Ballyguile

2.9

1,390,144.60

Tralee Town Council

Ballyard

8.28

5,585,789.51

Fingal Co Co

Hampton Balbriggan (Castlelands)

24.28

19,227,765

National Building Agency

Athlone [Lissywollen, Cartontroy, Kilnafaddoge]

5.49

4,167,544

The remaining applications, listed as follows, are currently being assessed, in consultation with the Housing and Sustainable Communities Agency.

Applications being assessed

Local Authority

Site

Size of Site (Hectares)

Fingal Co Co

Garristown

2.69

Fingal Co Co

Hackettstown, Skerries

7.30

Dún Laoghaire Rathdown Co Co

Ballyman Road, Rathmichael

8.84

Dún Laoghaire Rathdown Co Co

Lehaunstown

3.64

Dún Laoghaire Rathdown Co Co

Enniskerry Road

2.80

Offaly Co Co

Shinrone (Rathbaun)

2.90

Sligo Co Co

Lisnalurg

13.00

Sligo Co Co

Tubbercurry

0.22

Sligo Co Co

Ballintogher

1.15

Laois Co Co

Castletown

0.64

Laois Co Co

Woodbrook, Mountrath

0.71

Laois Co Co

Portlaoise Road, Mountrath

3.11

Laois Co Co

Bride Street, Ballinakill

1.21

Laois Co Co

Golflinks Road, Rathdowney

2.02

Laois Co Co

Kilkenny Road, (Adj. to Cemetery) Ballinakill

1.18

A further application was submitted by Sligo County Council but was withdrawn by the Council. It is expected that further requests from housing authorities to transfer lands under the scheme will be made in the coming months.

Water Quality

Eamon Gilmore

Ceist:

42 Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the steps he will take to ensure chlorine monitors are installed at every water treatment plant in accordance with the recommendation of the Environmental Protection Agency; and if he will make a statement on the matter. [44413/10]

During 2007, water services authorities were asked by my Department to review the operation of all water treatment plants (and associated infrastructure) and to ensure that the installation of continuous chlorine alarms and turbidity meters at appropriate locations at the treatment plant or in the distribution network (including at reservoirs) was progressed without delay. This request was restated in August 2008 by the Environmental Protection Agency (EPA) who issued a circular to water services authorities recommending the installation of a chlorine monitor and alarm in each public water supply. I understand that the installation of this equipment on public water supplies is substantially completed.

Under the European Communities (Drinking Water) (No.2) Regulations 2007, the EPA is responsible for the supervision of public water supplies. The Regulations provide that the EPA can issue such directions to the water services authorities (the 34 county and city councils) as it considers necessary to achieve compliance with the standards provided for in the Regulations and that failure to comply with such a direction by the Agency is an offence.

Planning Issues

Joe Costello

Ceist:

43 Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the steps he will take in respect of over-zoning by certain local authorities of land for residential development; and if he will make a statement on the matter. [44411/10]

I refer to the reply to Question No. 126 of 24 November 2010 which sets out the position in this matter.

Question No. 44 answered with Question No. 37.
Question No. 45 answered with Question No. 40.

Flood Relief

Deirdre Clune

Ceist:

46 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government when he will establish the independent investigation into the Cork city floods of November 2009 as recommended by the Joint Committee on the Environment, Heritage and Local Government report published in July 2010; and if he will make a statement on the matter. [44221/10]

As suggested in the Oireachtas Joint Committee's report, I have asked my Department to complete its own review of the severe weather events as soon as possible. This report, which is close to finalisation, draws on information provided to the Joint Committee on the Environment, Heritage and Local Government and addresses a wide range of issues emerging from the co-ordination of response to the two extreme weather events.

It deals with issues that fall within my Department's areas of responsibility, including undertaking the role as the Lead Government Department for co-ordination of response to severe weather emergencies at National level. It also looks, inter alia, at the linkages under the Framework for Emergency Management between the front-line response and coordination at central Government level, and seeks to provide necessary recommendations to improve national co-ordination and responses to such emergencies.

The Oireachtas Joint Committee made recommendations on a range of issues, including some which fall outside my areas of responsibility, such as the role of the Office of Public Works in relation flood mitigation, and to the role of the ESB in hydro-electric power production. The Joint Committee's report has placed relevant information on the public record, and it is not my role to establish an inquiry into these matters. Necessary reviews were undertaken in relation to my area of responsibility, particularly on the lessons learned in relation to the emergency response, and appropriate actions have been taken. These include the development of an interim protocol between the relevant local authorities concerned with the River Lee and the ESB for sharing information and enhancing flood warnings, pending the development of flood forecasting and warning systems as part of the OPW's flood mitigation programmes.

Water and Sewerage Schemes

Bernard J. Durkan

Ceist:

47 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which his approval, authorisation for funding or sanction is required or not required in respect of major water or sewerage schemes proposed by him or various local authorities throughout the country; the number of any such applications received in each of the past three years; the number approved, rejected or pending and their respective locations; if he has formulated a plan to co-ordinate or integrate such schemes within an overall policy; his plans to make provision by way of funding for any such schemes in the coming year; and if he will make a statement on the matter. [44443/10]

The majority of Exchequer investment in water services infrastructure is provided to local authorities under the water services investment programme which is a rolling multi-annual programme. These programmes are developed, generally on a triennial basis, following an assessment of needs for water and waste water services conducted by each water services authority. In preparing these assessments, water services authorities are required to take into consideration key environmental and economic criteria in prioritising contracts and schemes to be progressed in their areas. The most recent assessment of need was conducted in 2009 and I published the "Water Services Investment Programme 2010-2012" in April 2010. The programme details, by location, just over 130 contracts and water conservation projects in progress at the time of publication at a value of some €1 billion and a further 340 contracts to be progressed to construction over the period of the programme with a value of €1.8 billion. A copy of the Programme is available in the Oireachtas Library. This programme succeeded the Water Services Investment Programme 2007-2009, under which some 125 major water services contracts/schemes were completed. Details of these completions by location are set out in Appendix 1 of the Water Services Investment Programme 2010-2012.

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 development of this Programme involved a comprehensive review of all schemes which had not substantially advanced under its predecessor to ensure that those progressing would meet the programme priorities for the period ahead.

The contracts and schemes 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 required in the context of the River Basin Management Plans, Shellfish Pollution Production Programmes, EPA reports etc) and projects that were proposed simply for capacity expansion (which was unrelated to the National Spatial Strategy/developing areas priorities), and which in the case of water supply can be deferred, in many cases, in favour of accelerated water conservation measures. Around 135 contracts and 250 schemes were not included in the Programme for this reason, but in some instances these proposals related to further phases of contracts or schemes which are included in the Programme.

Following inclusion in the Water Services Investment Programme, my Department's involvement at individual stages of schemes can vary from two to four occasions depending on the value of the scheme. My Department approves the local authority's Design Brief and Preliminary Report for all schemes and in some instances it also approves the Contract Documents. In the case of Public Private Partnership contracts the Department, additionally, approves the local authority's Tender Recommendation. In all cases, authorities are required to seek confirmation of Departmental funding before signing contracts. The involvement of my Department at key stages is necessary to comply with the Department of Finance's Capital Appraisal Guidelines and my Department's obligations relating to management and oversight of Exchequer expenditure.

Funding for small public water and sewerage schemes and group water schemes is available to water services authorities under the Rural Water Programme. Responsibility for the examination, approval and funding of proposals for group water and sewerage schemes and for small public water and sewerage schemes has been devolved to local authorities under the Rural Water Programme since 1997. Allocations have also been made under the Rural Water Programme for small works to public water supplies which appear on the EPA's Remedial Action List because such works are necessary to address risks to the supply. Information on the progression of schemes under the Rural Water Programme may be obtained from the local authorities. Proposals for allocations under this Programme are submitted by authorities based on priorities set by my Department, in light of public health, environmental, and economic objectives and I have no plans to alter these devolved arrangements.

The 2010 Estimates provision for water services infrastructure is €508 million, of which €415 million is available under the Water Services Investment Programme and €93 million under the Rural Water Programme. Estimates for 2011 will be announced in due course.

Local Authority Funding

Emmet Stagg

Ceist:

48 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government the reason a proposal by a town council to implement a rates waiver scheme under section 2 of the Local Government Rates Act 1970 was rejected by him. [44396/10]

I presume the Question refers to the recent application from Carrick-on-Suir Town Council to introduce a rates waiver scheme for new businesses.

Under the provisions of the Local Government (Rates) Act 1970, a rating authority may make and carry out a scheme providing for the waiver by the authority of all or a portion of commercial rates due by ratepayers in respect of a specified class or classes of property. The making of such a scheme is subject to the consent of the Minister for the Environment, Heritage and Local Government.

Any application received for a rate waiver scheme is carefully considered. However, in considering any such application, it has to be borne in mind that a waiver of rates for one class of ratepayer could unfairly impact on existing businesses in the area by giving a competitive advantage to a certain group through a reduction in costs. In addition, the introduction of a waiver scheme could further increase costs on the part of businesses who are not part of the scheme, as it is likely that they would be required to make up the cost of the waiver scheme through the payment of additional rates. This could impose an additional burden in what are already difficult economic circumstances.

I took these factors into consideration in making my decision not to consent to the proposed waiver scheme in this case.

Question No. 49 answered with Question No. 7.
Question No. 50 answered with Question No. 40.

Proposed Legislation

Michael D. Higgins

Ceist:

51 Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government the position regarding promised legislation to enhance the protection of national monuments; and if he will make a statement on the matter. [44414/10]

I refer to the reply to Question No. 85 of 19 October 2010 which outlines the current position in this matter.

Water and Sewerage Schemes

Jim O'Keeffe

Ceist:

52 Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government the position regarding the Courtmacsherry/Timoleague sewerage scheme and if he has finalised its assessment of Cork County Council’s preliminary report so that the project can proceed. [44224/10]

The Courtmacsherry/Timoleague sewerage scheme is included in the "Water Services Investment Programme 2010-2012" among the list of contracts in County Cork to start in the period 2010 -2012. I expect to communicate the outcome of the assessment of the Council's Preliminary Report for this scheme to Cork County Council very shortly.

Litter Pollution

David Stanton

Ceist:

53 Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if he has developed any policy guidelines regarding adopt-a-highway and adopt-a-road schemes which are operating successfully in other countries; his plans to support initiatives here at national level; and if he will make a statement on the matter. [44441/10]

I am aware of the adopt-a-highway and adopt-a-road schemes which are in operation in other countries; similar schemes are also in place in certain local authority areas in this country.

Under the Litter Pollution Acts 1997 to 2009 it is the function of local authorities to provide the primary response to littering. My Department's role is to provide the legislative framework for combating litter pollution, and to motivate and energise anti-litter responses as necessary. It is the responsibility of each local authority to determine the most appropriate course of action to tackle litter pollution within the relevant legislation.

The Anti-Litter Awareness Grant Scheme, which is administered by my Department, allows local authorities the opportunity to apply for grant funding for suitable projects such as adopt-a-road. It is a matter for each local authority to decide on the projects they wish to propose for funding. This year I have allocated a total of €1.6 million in grant assistance and a number of adopt-a-road projects proposed by local authorities are receiving support in that context.

Waste Management

Joanna Tuffy

Ceist:

54 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the position regarding his policy on the planned incinerator at Poolbeg and the report he commissioned on the costs associated with the incinerator; and if he will make a statement on the matter. [44405/10]

I refer to the reply to Question No. 62 of 19 October 2010.

Regarding the authorised officer appointed pursuant to section 224 of the Local Government Act 2001, I can confirm that his report has been submitted to me and I am considering its findings, in consultation with the Attorney General.

Telecommunications Services

Paul Connaughton

Ceist:

55 Deputy Paul Connaughton asked the Tánaiste and Minister for Education and Skills the reason a school (details supplied) in County Galway has been unable to upgrade its broadband facilities in order to get value from the new ITC investment currently invested in the school; and if she will make a statement on the matter. [44509/10]

With regard to the broadband connection at Ballymana National School, Craughwell, Co Galway (10675O) the school has temporarily installed a private 1mb fixed line connection. The NCTE have connected the school to the schools broadband network which provides centrally managed services for schools such as security, anti-spam/anti-virus and content filtering.

In relation to my Department providing Ballymana National School with an improved connection via the Schools Broadband Scheme a contract has been awarded to Last Mile Broadband. Last Mile Broadband have been delayed in providing the connection as a new mast has to be erected on lands at Abbeyknockmoy. Last Mile have engaged with the HSE for permission to erect the mast. My Department have been in contact with the HSE in relation to this matter. The HSE have stated that they are awaiting Property Committee Approval and that the decision will be available within one month. Once approval has been received Last Mile have confirmed that the mast will be erected without delay.

Schools Refurbishment

Arthur Morgan

Ceist:

56 Deputy Arthur Morgan asked the Tánaiste and Minister for Education and Skills the position regarding an application for capital works from a school (details supplied); and if she will make a statement on the matter. [44445/10]

I can confirm that the school to which the Deputy refers has applied to my Department for large scale capital funding for an extension/refurbishment including a GP Room, toilets and ancillary accommodation.

In accordance with the published criteria for large scale building projects, the project for this school has been assigned a Band 3 rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including this project, is available on the Department's website at www.education.ie.

The progression of all large scale building projects, including this project, from initial design through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

My Department has recently been in contact with the school authority regarding its concerns in relation to permanent accommodation and its major capital works application. The school authority has been advised to complete and submit an RTA Form to my Department identifying the need for the provision of permanent mainstream teaching accommodation. This application will then be assessed and an outcome notified directly to the school authority.

Pupil-Teacher Ratio

Ruairí Quinn

Ceist:

57 Deputy Ruairí Quinn asked the Tánaiste and Minister for Education and Skills the percentage of primary school students in class sizes of 30 or more for the years 2005/2006 to 2010/11, inclusive; and if she will make a statement on the matter. [44449/10]

The criteria used for the allocation of teachers to schools is published annually on my Department's website. In terms of the position at individual school level the key factor for determining the level of resources provided by my Department is the pupil enrolment at the 30 September of each year. While the staffing schedule allocates on the basis of an average number of pupils each individual school decides on how to arrange its classes.

The percentage of primary school students in class sizes of 30 or more for the years requested by the Deputy is as follows:

2005-2006 25.1%;

2006-2007 24.0%;

2007-2008 20.4%;

2008-2009 19.3%;

2009-2010 21.8%

The collection and processing of the 2010/2011 National School Annual Census forms is currently taking place. Enrolment data for the 2010/2011 school year will be published in September 2011.

Schools Building Projects

Joe Carey

Ceist:

58 Deputy Joe Carey asked the Tánaiste and Minister for Education and Skills the position regarding funding for a school project (details supplied) in County Clare; and if she will make a statement on the matter. [44450/10]

Joe Carey

Ceist:

59 Deputy Joe Carey asked the Tánaiste and Minister for Education and Skills the position regarding funding for a school project (details supplied) in County Clare; and if she will make a statement on the matter. [44451/10]

I propose to take Questions Nos. 58 and 59 together.

I am pleased to inform the Deputy that the allocated funding will be provided to the school in question once they have provided the necessary documentation outlined in the grant approval letters which issued to the school management authority earlier this year.

FÁS Training Programmes

Thomas P. Broughan

Ceist:

60 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Education and Skills the number of persons in Dublin 5, 13 and 17 who received an offer of training from FÁS in 2007, 2008, 2009 and to date in 2010; if all of these were referred through the Northside Partnership Mediation structure; and if she will make a statement on the matter. [44468/10]

The information requested could not be produced within the timeframe concerned. The information is currently being researched by FÁS. As soon as the information requested becomes available, FÁS will reply directly to the Deputy.

Thomas P. Broughan

Ceist:

61 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Education and Skills the number of persons in Dublin 5, 13 and 17 who received job placements from FÁS in 2007, 2008, 2009 and to date in 2010; if all of these were referred to through the Northside Partnership Mediation structure; and if she will make a statement on the matter. [44469/10]

The information requested could not be produced within the timeframe concerned. The information is currently being researched by FÁS. As soon as the information requested becomes available, FÁS will reply directly to the Deputy.

Special Educational Needs

John Cregan

Ceist:

62 Deputy John Cregan asked the Tánaiste and Minister for Education and Skills the grant aid, entitlements, concessions and supports available from her Department for a person (details supplied); and if she will make a statement on the matter. [44473/10]

As the Deputy will be aware, my Department provides a range of teaching and care supports for children of school-going age with special educational needs, including children with dyspraxia. The precise level of support is determined by the special educational needs of the particular child.

Children with dyspraxia may be entitled to additional provision in school, either under the terms of the general allocation system of teaching supports if the educational psychological assessment places the child in the high incidence disability category or through an allocation of additional resources if the child is assessed as being within the low incidence category of special need, as defined by my Department's circular.

The Deputy is aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resources to schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support.

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

I have arranged for the details supplied to be forwarded to the NCSE for their attention and direct reply.

I wish to assure the Deputy that supports will continue to be made available to schools which have enrolled pupils who qualify for such support and children with special educational needs will continue to have access to an appropriate education in line with my Department's policy.

Paul Kehoe

Ceist:

63 Deputy Paul Kehoe asked the Tánaiste and Minister for Education and Skills her plans to introduce a scheme for students to transfer resource hour entitlement when moving schools (details supplied); and if she will make a statement on the matter. [44475/10]

The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resources to schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support.

The Deputy will be aware that there is no automatic system of transfer of resources from one school to another. Where a child with special educational needs is in receipt of additional supports in a school and moves school, and no other child with special needs enrols in the school, then the resource — resource teaching hours and/or SNA support — is withdrawn from the first school and, if still warranted by the child's needs, will be sanctioned for the new school.

In considering applications for teaching and SNA supports for individual pupils, the SENOs take account of the needs identified in the professional report and decide whether the circumstances come within the Department's criteria. They then consider the resources available to the school to identify whether additionality is needed or whether the school might reasonably be expected to meet the needs of the pupil from its current level of resources.

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

I have arranged for the details supplied to be forwarded to the NCSE for their attention and direct reply.

FÁS Training Programmes

Sean Sherlock

Ceist:

64 Deputy Seán Sherlock asked the Tánaiste and Minister for Education and Skills if she will expedite a decision on an application in respect of the national register of trainers (details supplied); and if she will make a statement on the matter. [44492/10]

Responsibility for individual procurement issues are a day-to-day matter for FÁS as provided for in the Labour Services Act, 1987 as amended.

I understand that the National Register of Trainers is being replaced by a FÁS Pre-Procurement database. This database of approved training providers will only be used for contracted training courses and will also provide a facility to call upon approved replacement trainers, if required, in a timely manner.

Any applications already submitted for registration on the NRT will now be processed as applications for listing on the FÁS Pre-Procurement Database.

Redundancy Payments

John O'Mahony

Ceist:

65 Deputy John O’Mahony asked the Tánaiste and Minister for Education and Skills further to parliamentary Question No. 121 of 27 October 2010, the reason she has not sent correspondence to a person (details supplied) in County Mayo; and if she will make a statement on the matter. [44512/10]

My Department will issue a letter to the person referred to by the Deputy within a number of days.

Higher Education Grants

Finian McGrath

Ceist:

66 Deputy Finian McGrath asked the Tánaiste and Minister for Education and Skills if she will support a matter (details supplied). [44515/10]

The decision on eligibility for a student grant is a matter, in the first instance, for the relevant grant awarding authority i.e. the applicant's local authority or VEC.

Where a grant application is refused, the reason for the refusal is given by the grant awarding authority.

An applicant may appeal the decision to the relevant local authority or VEC.

Where the grant awarding 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.

No appeal has been received by my Department to date from the candidate referred to by the Deputy.

School Transport

Joe Carey

Ceist:

67 Deputy Joe Carey asked the Tánaiste and Minister for Education and Skills when a decision will be made in relation to an appeal of a school bus transport application in respect of a person (details supplied); and if she will make a statement on the matter. [44516/10]

The case referred to by the Deputy, in the details supplied, is the subject of an appeal to the School Transport Appeals Board. This Board is independent of my Department and I understand their next meeting is scheduled for 9th December 2010.

Higher Education Grants

Bernard J. Durkan

Ceist:

68 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills when a vocational education committee grant will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [44542/10]

The decision on eligibility for a student grant is a matter, in the first instance, for the relevant grant awarding authority i.e. the applicant's local authority or VEC.

Where a grant application is refused, the reason for the refusal is given by the grant awarding authority.

An applicant may appeal the decision to the relevant local authority or VEC.

Where the grant awarding 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.

No appeal has been received by my Department to date from the candidate referred to by the Deputy.

Special Educational Needs

Paul Kehoe

Ceist:

69 Deputy Paul Kehoe asked the Tánaiste and Minister for Education and Skills the reason a primary school (details supplied) in County Wexford is still obliged to work within the confines of learning support hours granted to them in 2005, based on their 2004 enrolment numbers; three yearly reviews which were due in 2007 and 2010 have still not taken place, yet in the intervening period the school has had a 46% increase in enrolment; the steps she will take to review and rectify this situation and if there are other schools that have not had their learning support hours increased in line with pupil numbers; and if she will make a statement on the matter. [44550/10]

As the Deputy will be aware, the General Allocation Model (GAM) was introduced in primary schools in September 2005 to ensure that each school has learning support/resource teaching support available to meet the needs of children with high incidence special educational needs. In general, where a school meets the criteria for developing school status as outlined in the staffing schedule for the appointment of teachers for the current school year (Department Circular 0021/2010), an appropriate adjustment will automatically be made to the school's allocation under the GAM.

When the GAM commenced, a commitment was given to carry out a review after three years of operation. This review commenced in 2008. The process involved engaging with the Education Partners which includes parent, management and union interests in the context of securing their views on the model's operation. The review is at an advanced stage and is currently being considered within my Department.

Any decision in relation to the operation of the model will be taken in the context of the outcome of the review, the resources available and the competing demands for resources generally in the education system.

Higher Education Grants

James Bannon

Ceist:

70 Deputy James Bannon asked the Tánaiste and Minister for Education and Skills if she will provide a third level maintenance grant in respect of persons (details supplied) in County Longford; and if she will make a statement on the matter. [44565/10]

The decision on eligibility for a student grant is a matter, in the first instance, for the relevant grant awarding authority i.e. the applicant's local authority or VEC.

Where a grant application is refused, the reason for the refusal is given by the grant awarding authority.

An applicant may appeal the decision to the relevant local authority or VEC.

Where the grant awarding 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.

No appeal has been received by my Department to date from the candidate referred to by the Deputy.

Community Employment Schemes

Richard Bruton

Ceist:

71 Deputy Richard Bruton asked the Tánaiste and Minister for Education and Skills the conditions of eligibility to participate in community employment for persons in different age groups; the payments made in each category and the way these payments interact with entitlements under other social welfare schemes. [44610/10]

The criteria for participating in the FÁS Community Employment Scheme (CE) are based on age and length of time in receipt of various social welfare payments, and are as follows: Part-time Integration Option (PTI) This is a one year version of CE for people aged 25 years and over who are receiving social welfare payments for 12 months or more. Part-time Job Option (PTJ) This is a three year version of CE, (based on annually renewable contracts) for people aged 35 years and over and who are receiving social welfare payments for 3 years or more.

The social welfare payments referred to above are:

Jobseekers Benefit (JB);

Jobseekers Allowance (JA);

One Parent Family Payment (OPFP);

Widows/Widowers Contributory Pension;

Widows/Widowers Non-Contributory Pension;

Deserted Wife's Benefit (DWB);

Farm Assist (FA).

Time spent in receipt of Carer's Allowance can also count towards the 12-month eligibility period (3 years for PTJ), but caring responsibilities must have ceased and the person must currently be in receipt of either JA, JB or OPFP.

The following persons are also eligible for participation on CE:

People aged 18 years or over (35 years or over for PTJ) and who are currently in receipt of any of Disability Allowance, Blind Pension, Invalidity Pension and Illness Benefit for six months or more;

Persons from the Travelling Community aged 18 years or over, who are unemployed and in receipt of Jobseekers Benefit, Jobseekers Allowance for any period (12 months for PTJ) or One Parent Family Payment for 1 year or longer. In the case of those under 18 years of age, a minimum of 12 months spent in a Travellers Training Centre is enough for eligibility;

All refugees aged 18 years or over, as authenticated by the Department of Justice and Law Reform, in receipt of payments from the Department of Social Protection;

Persons aged 18 years or over inhabiting the offshore islands;

Ex-offenders aged 18 years or over (35 years or over for PTJ) and referred by the Probation Service. Also, Ex-offenders aged 18 and over (35 years or over for PTJ) and not referred by the Probation Service and in receipt of Jobseekers Allowance or Jobseekers Benefit for a period of one year or more (3 years for PTJ). Time spent as a prisoner is regarded as reckonable when considering the duration unemployed;

Persons aged 18 years or over referred by the Drugs Task Force.

Time spent on recognised training or employment programmes (such as a FÁS training course) can also be counted towards eligibility. Eligibility to participate on CE for both PTI and PTJ is linked to those in receipt of an Irish social welfare payment. Those persons not meeting the criteria under these options, or who are signing for credits, or receiving social welfare benefits from a different country, are not eligible to participate on CE.

In assessing eligibility for CE, recipients of JA or JB are allowed a maximum of 30 worked days in the 12 months prior to commencing. The participant wages grants (weekly gross) from January, 2010 are as follows:

Participant Category (temporary/part-time)

Grant

Participant without Dependants (Single adult rate)

216.00

Participant with an Adult Dependant (Single adult rate plus IQA)

346.10

Each Child Dependant (Full Rate)

29.80

Each Child Dependant (Half Rate)

14.90

FÁS has advised that some participants can continue to receive all or part of their Social Welfare payments while on Community Employment in addition to their FÁS allowances (e.g. lone parents and persons with a disability).

A detailed analysis of how FÁS allowances interact with social welfare payments will be conveyed separately to the Deputy.

Higher Education Grants

Richard Bruton

Ceist:

72 Deputy Richard Bruton asked the Tánaiste and Minister for Education and Skills the income guidelines for eligibility for a grant for higher or further education and her plans under the four year budgetary plan to continue to index the income guideline according to trends in the average industrial wage and index the maintenance payment in line with the consumer price index. [44611/10]

The Deputy will appreciate that the preparation of the Estimates is carried out on a strictly confidential basis and it would not be appropriate for me to comment on specific issues or proposals including those relating to student grants, at this stage. However, all proposals made in relation to education expenditure will be considered in the context of the Budget.

Departmental Programmes

Richard Bruton

Ceist:

73 Deputy Richard Bruton asked the Tánaiste and Minister for Education and Skills the duration of claiming social welfare before a person can qualify to hold welfare entitlements while participating in education programmes and if additional training allowance is payable during the course and if she plans changes in this scheme in the context of the four year budgetary plan. [44612/10]

Participants in Youthreach or Senior Traveller Training Centre (STTC) full-time further education programmes receive a training allowance in lieu of their social welfare payment. They are also eligible for a range of additional meal and travel allowances and participants who are at least 12 months in receipt of a relevant social welfare payment prior to joining the programme are eligible to receive a weekly training bonus of €31.80.

The VTOS programme is a full-time education programme open to people over 21 years of age who are at least six months unemployed. VTOS is funded by my Department and operated by VECs. VTOS participants previously in receipt of Jobseekers' Assistance or Jobseekers' Benefit (JA/JB) receive an allowance from the relevant VEC in lieu of that payment at a rate equivalent to the maximum rate of JA/JB, plus a payment for an adult or child dependent as appropriate. VTOS participants who were previously in receipt of other social welfare payments, such as One Parent Family Allowance or Disability Allowance (OPFA/DA) continue to receive payment from the Department of Social Protection. All VTOS participants are eligible for meal, travel and the training bonus, subject to the conditions outlined above.

Participants in all of these programmes are also eligible to avail of child care support under the Childcare Education and Training Scheme (CETS).

Participants in the Back to Education Initiative (the part-time option for the full-time programmes mentioned above) in receipt of social welfare payments can maintain those payments, subject to confirmation with the Department of Social Protection.

Those in receipt of social welfare payments who wish to participate in a Post-Leaving Certificate (PLC) course may be eligible for the Back to Education Allowance (BTEA) which is administered by the Department of Social Protection. BTEA recipients also receive an annual Cost of Education Allowance of €500.

The Deputy will appreciate that the preparation of the Estimates is carried out on a strictly confidential basis and it would not be appropriate for me to comment on specific issues or proposals, including those relating to training allowances, at this stage.

Higher Education Grants

Richard Bruton

Ceist:

74 Deputy Richard Bruton asked the Tánaiste and Minister for Education and Skills the category of person on the back to education scheme who can qualify for a higher or further education grant and if any change in this is planned in the context of the four year budgetary plan. [44613/10]

Students who were in receipt of the BTEA and the student grant for the 2009/10 academic year will continue to be eligible for both payments for the duration of their current course provided they meet the terms and conditions of the relevant grant scheme. Students progressing to a new course, with effect from 2010/11, will no longer be eligible for maintenance portion of the student grant but can apply to their local authority or Vocational Education Committee for assistance towards the cost of the student services charge and any fees payable.

The BTEA is a Department of Social Protection second-chance education opportunities scheme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and therefore, their prospects of returning to the workforce. Eligibility for, and the payment structure of the BTEA is determined and administered by the Department of Social Protection and is primarily a matter for my colleague, the Minister for Social Protection.

The Deputy will appreciate that the preparation of the Estimates is carried out on a strictly confidential basis and it would not be appropriate for me to comment on specific issues or proposals including those relating to student grants, at this stage. However, all proposals made in relation to education expenditure will be considered in the context of the Budget.

FÁS Training Programmes

Richard Bruton

Ceist:

75 Deputy Richard Bruton asked the Tánaiste and Minister for Education and Skills the work experience options she makes available through FÁS; the terms and conditions for participating in these programmes and her plans to extend these programmes. [44618/10]

The following are the work experience options currently available through FÁS: Work Placement Programme

The Work Placement Programme provides up to nine months work experience to unemployed people, including graduates, who have been unemployed for at least three months. The programme is open to employers in all sectors of the economy, including the private and public sectors, as well as the community and voluntary sectors.

The Programme is also open to those in receipt of Jobseekers Benefit and Josbseekers Allowance for a period of 3 months. The programme is also open to people in receipt of other Social welfare allowances/payments such as Disability Allowance, Blind Pension, Invalidity Pension, Illness Benefit or Lone parents allowance. Individuals in receipt of a disability or illness payment must get written approval from the Department of Social Protection to do rehabilitative work while participating in the Work Placement Programme to retain their disabilitypayment.

Participants who are unemployed and not in receipt of a social welfare payment, can participate on the programme. However, they will not receive a payment from Social Welfare or any payment from FÁS or the employer while participating on the programme.

As of the 27th October 2010, 2,200 individuals had commenced their placements under the Work Placement Programme. Of these, 1,085 individuals have commenced on the graduate stream and 1,115 individuals have commenced on the non-graduate stream.

My Department is monitoring the progress of the Work Placement Programme on an ongoing basis to ensure that the programme meets the requirements of the unemployed, including unemployed graduates. The Government is currently considering a new training and internship type proposal. If this proposal is deemed to be feasible it may provide further work experience places for the unemployed.

Supported Employment

The Supported Employment Programme is a labour market initiative, which aims to assist people with a disability to secure and maintain a job in the open labour market. The programme provides a range of supports to employers and people with a disability, through Job Coaches. The range of supports includes:

individual needs assessment;

vocational profiling and career planning;

individual employment plan;

job sourcing and job matching;

work experience under the Workplace initiative;

on-the-job support and coaching;

advice and support to employers;

follow-up support and mentoring to both employers and employees.

Participants can avail of the programme for up to 18 months duration. The programme is delivered on behalf of FÁS by 23 local supported employment organisations.

The workplace element of the service provides a period of 5 to 7 weeks work experience. The participants retain their normal social welfare status and entitlements and they engage in normal work during this time. The participant receives a flat rate of €31.80 per week towards travel and meal expenses. This will be paid by the employer and reimbursed, in arrears, by FÁS. FÁS is responsible for employer's liability insurance.

In June 2010 there were 2,563 people participating in the Supported Employment Programme of which 202 were on work experience under the Workplace initiative and a further 812 in employment in the open labour market.

Community Employment

Community Employment (CE) is an active labour market programme designed to provide eligible long-term unemployed people and other disadvantaged persons with an opportunity to engage in useful part-time work within their communities on a temporary, fixed-term basis. CE helps unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and to assist them to enhance and develop both their technical and personal skills. The average hours per week are 19.5hrs or 39 hours per fortnight. There are currently 22,850 participants on the CE programme. The criteria for participating in the FÁS Community Employment Scheme (CE) are based on age and length of time in receipt of various social welfare payments, and are as follows:

Part-time Integration Option (PTI)

This is a one year version of CE for people aged 25 years and over who are receiving social welfare payments for 12 months or more.

Part-time Job Option (PTJ)

This is a three year version of CE, (based on annually renewable contracts) for people aged 35 years and over and who are receiving social welfare payments for 3 years or more.

Eligibility to participate on CE for both PTI and PTJ is linked to those in receipt of an Irish social welfare payment. Those persons not meeting the criteria under these options, or who are signing for credits, or receiving social welfare benefits from a different country, are not eligible to participate on CE.

In assessing eligibility for CE, recipients of JA or JB are allowed a maximum of 30 worked days in the 12 months prior to commencing.

From 3 April 2000, lifetime participation on CE by an individual will be limited to:

3 years (156 weeks) for persons under 55 years of age;

6 years (312 weeks) for persons of 55 years of age up to and including 65 years of age;

Eligible persons in receipt of a qualifying disability-linked Social Welfare payment will be eligible for one additional year on CE over the standard maximum participation caps, i.e. 4 years maximum time on CE for those under 55 years of age (PTJ Option only), and 7 years maximum time for those between 55 and 65.

Participation on CE prior to 3 April 2000 is not counted. Offshore island residents are exempt from this participation cap, subject to the availability of places.

Job Initiative

The Job Initiative (JI) programme was launched in July 1996 and continues to provide full-time employment for people who are 35 years of age or over, who were unemployed for five years or more, and in receipt of social welfare payments over that qualifying period before entering the programme.

The main purpose of JI is to assist long-term unemployed people to prepare for work opportunities by providing participants with work experience, training and development opportunities. FÁS operates the programme with a dedicated budget of €34.5 million for 2010. There are currently 1,300 participants, with this number decreasing annually due to retirement and other reasons. Following changes introduced in 2004 by the then Minister for Enterprise, Trade and Employment, contracts for existing JI participants are renewed, allowing them the option to continue until they are 66 years of age. There is no recruitment to the programme due to this change.

JI participants are involved in a wide range of useful community services, including after-school care, breakfast clubs, homework clubs, gardening and security services. In addition, JI projects provide jobs in the social economy in administration and maintenance. The areas supported by these workers include community centres, crèches, enterprise centres and parish properties.

Community Employment Schemes

Richard Bruton

Ceist:

76 Deputy Richard Bruton asked the Tánaiste and Minister for Education and Skills if she has considered the benefits of FÁS developing a central placement service for community employment schemes that would match vacancies with persons whose relevant experience is on file rather than the current decentralisation which requires multiple applications by a person to the different organisers of community employment schemes. [44621/10]

The majority of Community Employment (CE) Schemes funded by FÁS are operated by companies limited by guarantee. The companies, which are called sponsors, are formed by community groups ‘incorporating' to comply with FÁS contractual guidelines for operating CE schemes. The remainder are generally made up of public bodies such as County Councils. The sponsor is the employer and is responsible for the recruitment of both participants and supervisors.

In addition to being advertised in local FÁS offices, all CE vacancies are notified to FÁS and appear centrally on the Jobs Ireland website. FÁS can advise clients on the suitability of the CE programme in meeting their needs, and also confirm a client's eligibility and entitlements. It is the sponsor who will interview potential participants and make the final decision on recruitment. Generally, all schemes are run by separate organisations and legal entities.

There is no entitlement to participate on CE. Eligibility is determined by FÁS using the criteria set out in the guidelines, and suitability for the position, is determined by the prospective employer. If a client is considered "job-ready", they may be referred to other more suitable interventions rather than CE.

FÁS welcomes proposals from local sponsors to carry out projects, and all proposals are considered within allocated budgets and participant numbers. The provision of places is managed through a standardised application process between regional FÁS offices and local sponsor and community organisations, and any issues regarding the allocation of places are dealt with in this context.

In delivering these places, FÁS operates flexibly in the management of this allocation in order to maximise progression to the labour market, while at the same time facilitating the support of community services.

Departmental Expenditure

Bernard J. Durkan

Ceist:

77 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills the extent of any over or under expenditure, capital or current, by Vote, heading or subheading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if she will make a statement on the matter. [44655/10]

Based on the expenditure information for the period to end October 2010, it is estimated that current expenditure for my Department for the year will be in accordance with the Voted Allocation. It is possible as the end of the year approaches that excesses of expenditure on a small number of subheads will require to be offset by savings on other subheads. There is currently in this regard a projected excess of €43 million on expenditure on Student Supports (Subhead E1), due in large part to a signficant increase in numbers of grant-holders and of numbers in receipt of higher rates of grant. This projected excess will be offset by lower expenditure on Residential Institutions Redress (Subhead B12 — €10 million), anticipated savings linked to the timescale for payments being made by the Commission on Child Abuse (Subhead B19 — €12 million) and by various savings on staff costs and on FAS Programmes (€21 million).

In relation to Capital expenditure, there are indications of a potential under-spend of €62 million on the Primary subhead F1. Prominent factors in the potential under-spend include the continuing reduction in the value of tenders (40% lower than in the height of the construction boom) and financial difficulties within the sector which have delayed project delivery. It is proposed to reallocate this projected under-spend by increasing by €20 million the allocation for Schools Information and Communication TechnologIes (Subhead B18) and by transferring €42 million to the higher education capital programme (Subhead F3).

In order to facilitate the above current and capital transfers I will be seeking a technical Supplementary Estimate for my Department.

EDUCATION AND SKILLS

I. Supplementary Estimate of the amount required in the year ending 31 December 2010 for the salaries and expenses of the Office of the Minister for Education and Skills, for certain services administered by that Office and for the payment of certain grants and grants-in-aid.

One thousand euro

€1,000

II. Subheads under which this Vote will be accounted for by the Office of the Minister for Education and Skills.

2010

Original Estimate

Revised Estimate

Current

Capital

Current

Capital

Additional Sum Required

€’000

€’000

€’000

€’000

€’000

B.18

— Schools Information And Communication Technologies Activities

13,578

43,000

13,578

63,000

20,000

E01

— Student Support

324,449

367,449

43,000

F03

— An túdaras um Ard-Oideachas — Building Grants And Capital Costs For Universities and Colleges, Institutes of Technology, Disignated Institutions of Higher Education and Research and Development (Grant-in-Aid)

126,890

168,890

42,000

TOTAL:

338,027

169,890

381,027

231,890

105,000

Less:

Savings on Subheads

B.12

10,000

B.19

12,000

F.01

62,000

G.02

20,999

The total Original Net Estimate, 2010 was

8,668,104

Sum now required

1

Total

8,668,105

Languages Programme

Lucinda Creighton

Ceist:

78 Deputy Lucinda Creighton asked the Tánaiste and Minister for Education and Skills the action she has taken to develop a strategy to promote the teaching of Asian languages here as outlined in the Global Irish Forum Report; and if she will make a statement on the matter. [44670/10]

Overall there are a range of foreign languages available on the curriculum in schools -- French, German, Spanish, Italian, Russian, Japanese and Arabic. A post Primary Languages Initiative is in place since 2000 with the objective of diversifying language provision in schools, focusing particularly on Spanish, Italian, Japanese and Russian.

Experience to date has been that while students appreciate the opportunity to learn new languages, and are making good progress, the overall take-up remains low, and it is extremely difficult to develop a capacity and cadre of teachers within the existing system who are capable of teaching the new languages. For example, Japanese continues to be provided through the provision of "bought in" additional services provided by Japanese language assistants. Although third level programmes offering degrees in Japanese are being provided, it has not resulted in qualified teachers of Japanese gaining employment in schools, or in schools prioritising Japanese as a subject within their approved quota of teaching resources.

Post graduate and honours degree level programmes in Chinese are offered in University College Cork, and honours degree level programmes are provided in University College Dublin, Dublin City University and the Dublin Institute of Technology. The Institutes for Chinese Studies in University College Dublin and in University College Cork both offer programmes in Chinese in partnership with the Confucius Institute. These colleges also offer tuition on an outreach basis to schools in their locality. The feedback from this initiative is very positive. My Department will continue to work closely with the colleges and the Confucius Institutes to support and progress this initiative, to the extent that the funding from the Confucius Institutes will allow.

The Government is prioritising an agenda of curriculum reform in science and maths and improving innovation capacity in second level schools. The funds currently available in this difficult budgetary context do not allow for the inclusion of additional languages in the curriculum at present. However, I will keep the matter under review.

School Evaluations

Lucinda Creighton

Ceist:

79 Deputy Lucinda Creighton asked the Tánaiste and Minister for Education and Skills her plans to subject teachers and schools to transparent performance management as outlined in the Global Irish Forum Report; and if she will make a statement on the matter. [44675/10]

The objective identified by the Forum is essentially about the need to ensure that the Irish school system is subjected to evaluation so that performance across disciplines can be assessed, learning outcomes are identified and that this information is available nationally and at school level to relevant stakeholders.

This is important not just as an exercise in itself. It is about having quality assurance measures support an agenda of seeking continued improvement.

In support of this objective the Department conducts its own external evaluation of schools that involves at school level whole school evaluation, inspection of particular disciplines (subject inspection) and incidental visits along with thematic inspections that involve a cross school or sectoral approach. As recently as this week a report based on an aggregation of data from incidental inspections over the past year has provided insightful information on literacy and numeracy in primary schools. This report has been published.

School self evaluation is also critical to supporting an agenda of improvement. The Department's models for school self evaluation clearly identify the need for self evaluation to operate not just at a general level but at subject/discipline level. Again the central purpose at all times must be to inform what needs to be done to improve performance.

Tax Code

Richard Bruton

Ceist:

80 Deputy Richard Bruton asked the Minister for Finance in the context of the rates at which child benefit is paid, his estimate of the savings that could be made if this was subject to income tax or if it was subjected to the income levy 2% up to €75,036 and if the administrative requirements to subject this payment to tax have been worked out. [44614/10]

I am informed by the Revenue Commissioners that the estimated full year yield, based on projected 2011 incomes, from treating Child Benefit as subject to (a) income tax €326 million (b) the income levy €26 million. The taxation of Child Benefit, as it is currently administered, is not a straightforward matter. There are legal, equity and administrative issues that would need to be overcome before the taxation of this payment could be introduced. These issues are being examined in my Department.

Pension Provisions

Richard Bruton

Ceist:

81 Deputy Richard Bruton asked the Minister for Finance if there are circumstances whereby the pension entitlements of a former public official can be reduced as a penalty for proven negligence or incompetence in the conduct of their duties and if there is any precedent for such action. [44472/10]

The pension entitlements of a former official in the Civil Service, for which I am responsible, can be reduced in the circumstances which are dealt with in Conciliation & Arbitration Scheme General Council Reports number 1276 and 1333. In cases of officials who are dismissed or who resign to pre-empt dismissal and which involve financial loss to the Exchequer, the amount of the loss, plus interest, may be recovered by means of deduction from the preserved benefits payable. Compound interest in such cases would be charged at the appropriate rate in respect of the period between the date on which the loss was incurred and the date of repayment.

Tax Code

Finian McGrath

Ceist:

82 Deputy Finian McGrath asked the Minister for Finance if he will clarify a matter (details supplied). [44499/10]

As the Deputy will be aware, taxes are considered in the context of the Budget process. It is the usual practice for the Minister for Finance not to speculate in advance of a Budget on its contents and I do not propose to deviate from that practice.

Financial Services Regulation

Finian McGrath

Ceist:

83 Deputy Finian McGrath asked the Minister for Finance the position regarding a matter (details supplied). [44500/10]

As Minister for Finance, my role is to ensure that the legal framework for credit unions is appropriate for the effective operation and supervision of credit unions. The Registrar of Credit Unions is responsible for administering the system of regulation and supervision of credit unions provided under the Credit Union Act 1997, with a view to the protection by each credit union of the funds of its members and the maintenance of the financial stability of credit unions generally. Following the Government's decision in September 2008 on the extension and increase in protection available under the Deposit Guarantee Scheme, all credit union savers can be reassured that their deposits and shares to the total maximum value of €100,000 are safe and secure.

As the Deputy will recognise, the current serious difficulties in the financial sector overall and the accompanying economic downturn is affecting all financial institutions, including credit unions. There has also been an increase in bad and doubtful debts, as is the case across the whole of the financial sector. Credit union investment portfolios are also being impacted and losses are arising on certain credit union investments. It is not surprising that this combination of trends has led to a situation where credit unions generally have reported a decline in surpluses in the last two years.

I am aware that the Registrar of Credit Unions is dealing with specific difficulties in a number of credit unions. The Registrar is continuing to work closely with the Boards of those credit unions that are encountering problems. Oversight, monitoring and controls over these credit unions by the Registrar of Credit Unions are intended to assist them in addressing current issues with a view to ensuring their financial stability.

Tax Code

Joe Carey

Ceist:

84 Deputy Joe Carey asked the Minister for Finance the reason whereby under section 139 of the Finance Act 1992 a vehicle can be impounded even though it is legitimately registered to a person residing outside the State; and if he will make a statement on the matter. [44506/10]

I am informed by the Revenue Commissioners that under section 139(6) of the Finance Act 1992 a vehicle in respect of which certain offences are committed is subject to forfeiture. Those offences are prescribed in section 139(3) and section 139(5) of that Act. Section 139(3) of that Act deems it to be an offence for a person, in respect of a vehicle in the State—

(a) to be in possession of the vehicle if it is unregistered, unless he or she is an authorised person or the vehicle is the subject of an exemption under section 135 of that Act for the time being in force and the vehicle is being used in accordance with any conditions, restrictions or limitations referred to in that section,

(b) if the vehicle is the subject of an exemption under section 134 of that Act, to be in possession of the vehicle other than in accordance with any conditions, restrictions or limitations referred to in that section,

(c) to issue or to be in possession of a document which purports to be, but is not, a certificate of registration in respect of the vehicle,

(d) to fail to pay any vehicle registration tax due by him/her,

(e) if the vehicle is an unregistered vehicle or a converted vehicle, to fail to account for it in accordance with section 137 of that Act,

(f) to be in possession of the vehicle if it is a converted vehicle in relation to which particulars of the conversion have not been declared in accordance with section 131 of that Act, or a converted vehicle in relation to which particulars of the conversion have been so declared but vehicle registration tax has not been paid on the declaration, unless he is an authorised person, or

(g) if the vehicle is an unregistered vehicle or a converted vehicle in relation to which particulars of the conversion have not been declared in accordance with section 131 of that Act, or a converted vehicle in relation to which particulars of the conversion have been so declared but vehicle registration tax has not been paid on the declaration, to deliver the vehicle to a person other than an authorised person.

Section 139(5) of the Finance Act 1992 provides that if any person is knowingly concerned in the evasion or the taking of steps for the purposes of the evasion, whether by himself/herself or by another, of vehicle registration tax, he or she shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a penalty under the law relating to excise of €5,000 or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a penalty, under the law relating to excise, of three times the amount of the vehicle registration tax concerned or €12,695, whichever is the greater, or to imprisonment for a term not exceeding five years or to both.

Without knowing the specific details of any single vehicle that might have been liable to forfeiture, it is not possible to be specific as to which of the provisions under section 139(3) or (5) of the Finance Act 1992, the vehicle became liable to forfeiture. However, it should be noted that a vehicle that is legitimately registered outside the State may still be liable to forfeiture if it is the subject of one of the offences provided for under section 139 of that Act while in the State.

Ministerial Pensions

Arthur Morgan

Ceist:

85 Deputy Arthur Morgan asked the Minister for Finance if he will provide the details of serving TDs who are still drawing a ministerial pension; the amounts concerned; and if he will make a statement on the matter. [44533/10]

There are 5 serving TDs who are currently drawing Ministerial pension. The details are as listed as follows.

Name

Ministerial Pension paid 01 Jan 2010 to 25 November 2010 (inclusive)

Seán Barrett

18,841.87

Bernard Durkan

4,253.28

Michael Noonan

30,995.28

Jim O’Keeffe

13,789.68

Noel Treacy

18,629.52

Financial Services Regulation

Joan Burton

Ceist:

86 Deputy Joan Burton asked the Minister for Finance if his attention has been drawn to reports (details supplied) of major breaches of financial regulations in respect of liquidity requirements by a significant financial institution in the International Financial Services Centre; the actions he has taken on foot of these reports; if he has discussed these reports with the Financial Regulator, the Central Bank Governor, the Office of the Director of Corporate Enforcement or any other relevant authority; if a full investigation has been carried out, or is ongoing, to ascertain the veracity of these reports; if he envisages the introduction of new legislation, regulations or enforcement measures to ensure that breaches of this nature do not take place in the future; and if he will make a statement on the matter. [44557/10]

The Deputy may wish to note that the supervision and oversight of liquidity requirements for credit institutions is a regulatory matter for the Central Bank of Ireland. The Central Bank of Ireland is subject to strict confidentiality requirements under the EU Supervisory Directives and consequently does not share information on specific regulatory issues with my Department unless the issue gives rise, for example, to some broader financial stability issue in respect of which the Minister should be informed. These circumstances did not arise in this instance. However, in response to the Deputy's question my Department has been informed by the Central Bank of Ireland that an overnight liquidity breach was reported by an institution at the time referred to in the reports enclosed with the Deputy's question. The Central Bank followed up on this liquidity breach with the institution, which rectified the position to the satisfaction of the Central Bank at the time. The Central Bank also required an external review of liquidity reports submitted to it and the related control environment. This review did not identify material issues relating to breaches of the required liquidity ratios, other than on the date highlighted by the institution.

The Central Bank imposes liquidity risk management requirements on all credit institutions. These are set out in ‘Requirements for the Management of Liquidity Risk,' which are available to download from www.financialregulator.ie . Compliance with these requirements is monitored by a combination of on-site and off-site review and inspections. All credit institutions are required to complete an annual internal audit review and submit this report to the Central Bank on compliance with the Requirements. In addition, Section 47 of the Central Bank Act, 1989, provides that where a credit institution's external auditor has reason to believe there are material defects in the financial systems and controls or accounting records of an institution or has reason to believe that there are material inaccuracies in or omissions from any returns of a financial nature submitted to the Central Bank, they are required to notify the Central Bank without delay.

The Central Bank of Ireland has confirmed that this matter has now been fully investigated and the Central Bank is satisfied that all liquidity risk management requirements have been complied with and appropriate steps necessary to prevent any recurrence of this issue have now been taken by the institution concerned.

Bank Guarantee Scheme

James Bannon

Ceist:

87 Deputy James Bannon asked the Minister for Finance if bank deposits are secure; and if he will make a statement on the matter. [44564/10]

All deposits in Irish banks, building societies and credit unions of up to €100,000 per person are covered by the Deposit Guarantee Scheme which is a European standard. This is not subject to an end date and continues indefinitely. In addition, under the Credit Institutions (Extended Liabilities Scheme) 2009 (ELG), demand deposits in excess of €100,000 are covered until 30 June 2011. Amounts deposited for a fixed-term with a bank between when it signed up to the ELG (see table) and 30th June 2011 are covered until maturity up to a maximum of 5 years. The Government is seeking an extension of the ELG until end of December 2011.

The Irish banking system retains the support, not only of the Central Bank of Ireland, but of the European institutions.

The purpose of the external assistance by our European partners and the International Monetary Fund is to provide stability and confidence. Measures aimed at underpinning the stability of the banks provide the necessary assurance to depositors and investors that their funds are fully secure.

Participating Institutions under the Credit Institutions (Eligible Liabilities Scheme) 2009

Institution

Date Institution joined ELG scheme

Irish Life and Permanent plc

4/1/2010

Irish Permanent (IOM) Limited

4/1/2010

Bank of Ireland

11/1/2010

Bank of Ireland Mortgage Bank

11/1/2010

Bank of Ireland (UK) plc

27/7/2010

Bank of Ireland (IOM) Limited

11/1/2010

The ICS Building Society

11/1/2010

Allied Irish Banks plc

21/1/2010

AIB Group (UK) plc

21/1/2010

AIB Bank (CI) Limited

21/1/2010

AIB Banks North America Inc.

21/1/2010

Anglo Irish Bank Corporation Limited

28/1/2010

Anglo Irish Bank Corporation International plc

28/1/2010

EBS Building Society

1/2/2010

Irish Nationwide Building Society

3/2/2010

Irish Nationwide (IOM) Ltd

3/2/2010

Departmental Expenditure

Bernard J. Durkan

Ceist:

88 Deputy Bernard J. Durkan asked the Minister for Finance the extent of any over or under expenditure, capital or current, by Vote, heading or subheading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if he will make a statement on the matter. [44658/10]

The following table sets out the 2010 Budget Estimate for each Vote in the Finance Vote Group, together with the spend year to date, variance against published profile and an explanation of the reason for the variance.

€’000

Capital/ Current

Full-year Estimate 2010

Spend to date 2010

(Under)/Over Spend compared to published profile year to date 2010

In line with Budgetary Projections (Published Profile)? Brief Explanation

Vote 1: President’s Establishment

Current

3,171

2,397

(611)

There are small spending variances across all subheads.

Capital

0

0

0

N/a

Vote 5: Office of the Comptroller and Auditor General

Current

6,816

4,763

(1,582)

The Office is currently projecting a net saving on the vote at the year- end of €932k. The forecasted surplus at year-end is mainly due to savings that arose due to the delay in filling staff vacancies and savings due to the timing of consultancy input required in our special reports. Other variations from profile are in relation to the timing of receipts and payments.

Capital

0

0

0

N/a

Vote 6: Office of the Minister for Finance

Current

76,075

45,042

(17,279)

Spend is running behind profile but close to €9m of this is a timing issue that will reverse in December. We are projecting an end year saving compared to Budget Estimate of some €7m.€2.5m of this has been achieved through Administrative Pay savings and efficiencies achieved in the non-pay administrative budget area. A further €0.775m arises because of additional receipts under the Bank Guarantee Scheme over and above those projected at the time of the Budget. The remainder of the saving arises across all programmes, primarily as a result of slower than anticipated funding requirements.

Capital

905

239

(595)

Spend is behind profile due to a reduction of costs achieved through tendering processes and a slower than anticipated funding requirement on certain projects.

€’000

Capital/ Current

Full-year Estimate 2010

Spend to date 2010

(Under)/Over Spend compared to published profile year to date 2010

In line with Budgetary Projections (Published Profile)? Brief Explanation

Vote 7: Superannuation and Retired Allowances

Current

396,753

324,969

(29,621)

Spend under the Superannuation Vote is projected to be on profile at year end.

Capital

0

0

0

N/a

Vote 8: Office of the Appeals Commissioners

Current

550

447

(103)

Expenditure to date is broadly in line with budgetary projections. A small end of year surplus on current expenditure will be maintained for balancing purposes.

Capital

0

0

0

N/a

Vote 9: Office of the Revenue Commissioners

Current

398,645

342,800

(4,000)

The under-spend of €4m is a timing issue. It is expected that this will be reduced to circa. €2m by year-end.

Capital

5,050

2,090

(1,000)

This is a timing issue and the full amount of €5.05m will be spent by year-end.

Vote 10: Office of Public Works

Current

281,288

224,377

(1,900)

Spend is running in line with Budgetary Projections

Capital

178,391 (includes a capital carryover of €20,279k)

128,253

(9,700)

The primary saving on Vote 10 in 2010 relates to Subhead H2 Flood Risk Management. This was due to the delay in commencement of construction works on a number of flood relief schemes. In addition, a number of tender prices for major contracts were lower than anticipated.An application to carry forward €5m savings to the 2011 Estimate under the Deferred Surrender Scheme has been provisionally approved by the Department of Finance.

€’000

Capital/ Current

Full-year Estimate 2010

Spend to date 2010

(Under)/Over Spend compared to published profile year to date 2010

In line with Budgetary Projections (Published Profile)? Brief Explanation

Vote 11: State Laboratory

Current

9,664

7,440

(262)

Spend is running in line with Budgetary Projections. There will be a small surplus in A1 due to retirements.

Capital

0

0

N/a

Vote 12: Secret Service

Current

1,000

970

(30)

Funding under the Secret Service Vote is on profile.

Capital

0

0

N/a

N/a

Vote 15: Valuation Office

Current

11,543

8,607

(1,012)

There are savings to date across all subheads A01 to A08 & Program Subheads B and C

Capital

0

0

0

N/a

Vote 16: Public Appointments Service

Current

8,321

6,376

(1,945)

Savings arise from a reduction in large volume recruitment and in other areas such as advertising

Capital

0

0

0

N/a

Vote 17: Office of the Commission for Public Service Appointments

Current

928

493

(338)

Savings year to date are €338k.

Capital

0

0

0

N/a

Vote 11: Office of the Ombudsman

Current

8,020

6,215

(951)

The majority of the under-spend (€600k) arose in the area of pay, due to the non-filling of existing vacancies.

Capital

0

0

0

N/a

Public Procurement

Lucinda Creighton

Ceist:

89 Deputy Lucinda Creighton asked the Minister for Finance his plans to include sustainable metrics in all public procurement tenders; and if he will make a statement on the matter. [44676/10]

The main aim of public procurement policy is to ensure that all public sector purchasing is carried out in a manner that is legal, transparent, and secures optimal value for money for the taxpayer. Within this context, the policy approach allows for the promotion of wider Government objectives, where appropriate, such as facilitating small and medium-sized enterprises, or the promotion of social or environmental objectives. I understand that the Department of the Environment, Heritage and Local Government is at an advanced stage in the development of a National Action Plan on Green Procurement, which follows on from policy initiatives in this regard at EU level. That Plan, which is being prepared in consultation with my Department and the National Procurement Service (NPS) within the Office of Public Works, will address the sustainability matters referred to by the Deputy.

Departmental Expenditure

Lucinda Creighton

Ceist:

90 Deputy Lucinda Creighton asked the Minister for Finance the recommendations contained in the special group on public service numbers and expenditure programme that pertain to the Revenue Commissioners, the Valuations Office, the Public Appointments Service, the Office of the Commission for Public Service Appointments and the Office of the Ombudsman; the detail of each of the proposed savings in relation to each body; which of these have been implemented to date; the total savings achieved to date; and if he will make a statement on the matter. [44677/10]

The recommendations contained in the special group on public service numbers and expenditure programme that pertain to the Office of the Revenue Commissioners, the Valuation Office, the Public Appointments Service, the Office of the Commission for Public Service Appointments and the Office of the Ombudsman; the detail of each of the proposed savings in relation to each body; which of these have been implemented to date and the total savings achieved to date as requested by the Deputy are contained in the following table.

Bodies under the aegis of the Minister for Finance

Implementation Stage

Special Group Report Savings Estimate

Expected Savings in 2010

Expected Savings in a Full Year

RECOMMENDATION IN THE REPORT OF THE SPECIAL GROUP

In Full

Partial

€m

€m

€m

Programme F — Office of the Revenue Commissioners

F.1 Examine scope for further efficiencies

1

10.0

10.0

10.0

F.2 IT Efficiencies

1

8.6

8.6

8.6

F.3 Efficient use of consumables

1

5.0

5.0

5.0

F.4 Savings in legal services

1

1.0

1.0

1.0

F.5 Review the number of regional office locations

1

2.0

2.0

2.0

Programme F savings

26.6

26.6

Programme J — Valuation Office

J.1 Administrative efficiencies

1

0.5

0.85

1.031

J.2 Merge the Valuation Office and the Ordnance Survey of Ireland (OSI) with the Property Registration Authority (PRA)

1

1.5

Programme J savings

0.85

1.031

Programme K — Public Appointments Service

K.1 Reduce Expenditure by 20%

1

Reduce large volume recruitment

1

2.4

1.163

1.163

Rationalise senior executive recruitment

1

1.6

1.116

1.116

Deferral of selected research projects and staff efficiencies

1

0.5

0.142

0.142

Improve the efficiency of recruitment

1

0.4

Included in above

Included in above

K.2 Staff reductions

1

3.0

1.972

1.972

Programme K savings

4.393

4.393

Programme L — Office of the Commission for Public Service Appointments

L.1 Potential to merge the Office of the Commission for Public Service Appointments with the Office of the Ombudsman

1

L.2 Reduce staff numbers

1

0.3

0.15

0.3

Programme L savings

0.15

0.3

Programme M — Office of the Ombudsman

M.1 Consider undertaking investigative functions at lower grading levels

1

M.2 Amalgamate ombudsmen/regulators offices into the Office of the Ombudsman

1

Programme M savings

Total Programme Savings

32.0

32.3

NOTES

Programme J — Valuation Office

Re J.2. The merger has not taken place to date and consequently there are no associated savings.

Programme M — Office of the Ombudsman

M1 — No savings to date.

M2 — It is intended that enactment of the Ombudsman (Amendment) Bill will provide the legislative basis for completing amalgamation with CPSA.

Departmental Expenditure

Lucinda Creighton

Ceist:

91 Deputy Lucinda Creighton asked the Minister for Finance if his attention has been drawn to recent freedom of information developments in the United Kingdom where all expenditure for Government departments over £25,000 will be published online and all published data will be updated every month; if his attention has been drawn to the fact that it is the intention of the British Government to invite persons and organisations to scrutinise this data for commercial purposes and for the purposes of allowing companies to offer to undercut their competitors who are already providing services to the British Government; his views on whether it is an excellent way for taxpayers to hold their Government to account; and if he will make a statement on the matter. [44678/10]

I understand that the Freedom of Information Act in the UK requires public authorities to have an approved publication scheme in place which is a means of providing access to information which an authority proactively publishes. This scheme covers amongst other things financial information relating to projected and actual income and expenditure, tendering, procurement and contracts. In Ireland aggregate expenditure information for each Department is published each month, broken down by current and capital spending, to show the level of Exchequer funding actually drawn down, as against the profiled amount of expenditure for each month as published earlier in the year.

As regards transparency and competition, my Department has set up a website www.etenders.gov.ie on which contracts for supplies and services over 25,000 euro (recently reduced from 50,000 euro) and works contracts over 50,000 euro must be advertised in a public tendering process. For some years now, the site has been well established as the national reference point for public procurement opportunities. As well as ensuring transparency and competition, the site facilitates wide participation in the public procurement function, for example, by issuing email alerts directly to registered suppliers when contracts that might be of interest to them are advertised and making tender documentation available for direct downloading with advertised contracts. This website demonstrates the Government strong commitment to ensuring transparency in procurement processes and securing best value for the Irish taxpayer.

Furthermore as a matter of practice all state bodies are encouraged to and do place ever increasing amounts of information and data out into the public domain via web based and other communication technologies.

Mental Health Services

Deirdre Clune

Ceist:

92 Deputy Deirdre Clune asked the Minister for Health and Children the steps she will take to support persons who are experiencing mental health difficulties particularly in the current financial situation; and if she will make a statement on the matter. [44725/10]

Deirdre Clune

Ceist:

116 Deputy Deirdre Clune asked the Minister for Health and Children the steps she is taking to support individuals who are experiencing mental health difficulties particularly in the current difficult financial situation; and if she will make a statement on the matter. [44598/10]

I propose to take Questions Nos. 92 and 116 together.

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

Hospital Services

Caoimhghín Ó Caoláin

Ceist:

93 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when a person (details supplied) in County Waterford will receive an appointment for a medical procedure [44446/10]

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

National Lottery Funding

Noel Grealish

Ceist:

94 Deputy Noel Grealish asked the Minister for Health and Children when the next allocation of national lottery funds are expected to be assigned or available to her Department; if there are national lottery funds currently assigned or available to her Department for appropriate projects and the total amount involved; the date when national lottery funds were last dispersed from her Department and the total amount involved; and if she will make a statement on the matter. [44452/10]

The Health and Children allocation of national lottery funds for 2010 is €3.786m. As the Deputy will be aware lottery applications are generally awarded in two tranches, in July and in December. Any applications which are not successful in the first tranche are considered again in the context of the funds remaining for the second tranche. The total amount paid to organisations to date from this year's lottery allocation is €2.637m leaving €1.149m available for the remainder of the year. There are 238 applications currently in the process of being assessed.

National Treatment Purchase Fund

Jack Wall

Ceist:

95 Deputy Jack Wall asked the Minister for Health and Children if a person (details supplied) is eligible for a procedure under the national treatment purchase fund; and if she will make a statement on the matter. [44454/10]

As this is a service matter it has been referred to the HSE for direct reply. Subject to the resources available to it and the overall waiting list situation in the hospital concerned, the National Treatment Purchase Fund may arrange treatment for patients who have been on a surgical waiting list for more than three months. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.

Hospitals Building Programme

Finian McGrath

Ceist:

96 Deputy Finian McGrath asked the Minister for Health and Children when work will commence on the new cystic fibrosis unit at St. Vincent’s hospital Dublin. [44458/10]

The preliminary works, including enabling works of road and bulk excavation on the construction of the new ward facility, have commenced at St Vincent's Hospital.

Health Services

Finian McGrath

Ceist:

97 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [44459/10]

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

Nursing Homes Support Scheme

Arthur Morgan

Ceist:

98 Deputy Arthur Morgan asked the Minister for Health and Children if she will outline charges exempt for residents availing of the scheme under the Nursing Homes Support Scheme Act; if medical acute care and treatment in an acute hospital is exempt; and if she will make a statement on the matter. [44465/10]

Under the Nursing Homes Support Scheme, a person may deduct certain items of expenditure, termed "allowable deductions", from their income prior to calculating their assessable income and their contribution to care. Allowable deductions include health expenses which qualify for tax relief (i.e. expenses to which section 469 of the Taxes Consolidation Act 1997 apply). Accordingly, charges in respect of acute care within an acute hospital setting qualify as an allowable deduction. However, such expenses are only allowed net of any tax relief which may be claimed by the person or their spouse or relative.

Medical Cards

Denis Naughten

Ceist:

99 Deputy Denis Naughten asked the Minister for Health and Children when a decision will issue on an application in respect of a person (details supplied) in County Galway; the reason for the delay in same; and if she will make a statement on the matter. [44470/10]

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

Health Services

Phil Hogan

Ceist:

100 Deputy Phil Hogan asked the Minister for Health and Children the number of persons here estimated to have atrial fibrillation; the number that are diagnosed with AF; the anticipated number of persons who have AF, but have not been diagnosed; and if she will make a statement on the matter. [44476/10]

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

Phil Hogan

Ceist:

101 Deputy Phil Hogan asked the Minister for Health and Children the number of persons who are anti-coagulated with warfarin for each of the past three years; the costs to the State of the dispensing of warfarin and the management of patients in receipt of warfarin; and if she will make a statement on the matter. [44477/10]

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

Michael Ring

Ceist:

102 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will receive an appointment. [44496/10]

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

Finian McGrath

Ceist:

103 Deputy Finian McGrath asked the Minister for Health and Children if she will support the urgent need for podiatry services in north Dublin city. [44514/10]

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

Nursing Home Subventions

Denis Naughten

Ceist:

104 Deputy Denis Naughten asked the Minister for Health and Children if the portion of an individual’s pension not used to cover the cost of care in a State long-stay nursing home and which is retained in a centralised fund is always returned to the individual’s estate following their death; the system which existed prior to the establishment of the centralised fund; and if she will make a statement on the matter. [44531/10]

Patient Private Property (PPP) funds of deceased clients are passed to the Legal Personal Representative for them to administer the estate of the deceased as per law. This is, and was always, the practice in place to administer deceased clients' PPP funds.

Health Services

Pat Breen

Ceist:

105 Deputy Pat Breen asked the Minister for Health and Children when an appointment will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [44534/10]

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

National Lottery Funding

Pat Breen

Ceist:

106 Deputy Pat Breen asked the Minister for Health and Children further to parliamentary Question No. 197 of 30 September 2010, the position regarding an application in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [44537/10]

My Department has received an application for funding from the 2010 National Lottery allocation from the organisation in question. This is one of a large number currently being assessed by my Department. The Deputy will be informed of the outcome of the application as soon as a decision has made.

National Treatment Purchase Fund

Noel Ahern

Ceist:

107 Deputy Noel Ahern asked the Minister for Health and Children the position regarding the National Treatment Purchase Fund; if any provision has been made this year for outpatient appointments; if a person (details supplied) in Dublin 9 with an ongoing condition, who has been told that they will have to wait one year before they can see a consultant, can access this scheme with a view to getting a private appointment; if provision can be made for this person; and if she will make a statement on the matter. [44544/10]

The National Treatment Purchase Fund arranges hospital-based treatment for patients who have been waiting longest on surgical, inpatient waiting lists. The Fund also arranges, on a pilot basis, outpatient consultations for people who are waiting longest for first-time appointments with a consultant. This year, the NTPF will provide first-time consultant appointments for over 9,000 of those waiting longest. The scheme only applies in a number of hospitals and the specialties to which it applies vary from year to year, depending on the length of waiting lists. In addition, a person may not self-refer for an outpatient appointment — applications are made by the hospitals concerned.

The NTPF has confirmed that there have been over 2,000 ENT referrals from 12 public hospitals and these patients are currently being seen and treated. The NTPF also advises that the Outpatient Department (OPD) initiative has completed referrals for 2010 at this stage. In relation to OPD activity in 2011, this will be agreed in the context of the budgetary process.

The scheduling of patients for hospital treatment is a matter for the consultant concerned in each case and is determined on the basis of clinical need. Should the patient's general practitioner consider that the particular patient's condition has worsened and warrants an earlier appointment, the GP would be in the best position to take the matter up with the consultant involved.

Prescription Charges

Noel Ahern

Ceist:

108 Deputy Noel Ahern asked the Minister for Health and Children the position regarding the 50 cent charge on all prescription items for medical card holders; the position regarding the €10 monthly limit per household on this charge; the position when a household’s total prescription charges exceed this limit; if the €10 limit is a cut-off point, beyond which the family are no longer charged, or if any charges above €10 still have to be refunded and claimed back; if it is the responsibility of the customer or the pharmacist to claim back these charges; the process for claiming back these charges; the length of time it should take; and if she will make a statement on the matter. [44548/10]

Since 1st October 2010, medical card holders are required to pay a 50c charge for medicines and other prescription items supplied to them by community pharmacists. The charges are subject to a cap of €10 per month for each person or family.

Should a person or family pay more than €10, the HSE will issue refunds automatically on a quarterly basis based on the information received from the dispensing pharmacy. However, if a person considers that they have not received the refund due to them there is a refund claim form available through the HSE and an online version of the form is available on www.medicalcard.ie or www.hse.ie.

In some cases family members may not have the same medical card number, e.g. where more than one doctor is used by the family. It is important for all of the family members to be grouped together so that any prescription charge paid by them goes towards reaching the maximum total monthly charge payable. Patients can check online that all members of their family are grouped together or contact the HSE directly at 1800-252-919. If necessary, patients can set their family up as a family group on www.medicalcard.ie and print off a certificate (family certificate) to give to their pharmacists. Patients can also contact their LocalHealth Office or call 1890-252-919 to provide their family details and a certificate will be posted out.

Hospital Services

Charlie O'Connor

Ceist:

109 Deputy Charlie O’Connor asked the Minister for Health and Children the action being taken to ensure the full implementation of all recommendations made in the Tallaght Hospital review report; if additional radiologists will be appointed immediately to Tallaght Hospital; and if she will make a statement on the matter. [44549/10]

The Hayes Report makes detailed constructive recommendations about the operation of specific services in the hospital and all of these will be implemented.

I met with Dr. Hayes on 8 November to discuss the implications of his report with him. I met with the Chair of Tallaght Hospital on 9 November. I have also had discussions with the CEO of the HSE about the report. The main focus will be on what initiatives are needed both in the hospital and in the wider health system to provide sustained improvements in the services for patients.

An additional 2 locum consultant radiologists were appointed to the hospital in January 2010 to assist in dealing with the backlog of X-rays. The backlog has been cleared and currently there are 0.54 locums in post at the hospital. On 7 September 2010 the HSE issued formal approval to Tallaght Hospital to appoint two new consultant radiologists. This is in line with the recommendations of the Hayes Report. Interviews are expected to take place shortly and the two successful candidates will take up duty be as soon as possible in 2011.

The Hayes Report recommended that consultant radiologist staffing levels should be reviewed to ensure they are appropriate to the work load in each radiology department. The HSE is committed to carrying out a review of consultant radiologist staffing levels in hospitals and to strengthening workforce planning across all radiology departments. The review will be informed by the results of a survey of consultant radiologist staffing which is currently being undertaken by the Faculty of Radiology. The aim is to complete this study by the end of the year.

Since 2005 there has been a 34% national increase in the numbers of consultant radiologists, from 183 to 245. Ireland now has a ratio of 1 consultant radiologist per 17,959 population, which is similar to the UK at 1 per 18,040 per population.

The HSE is committed to implementing the recommendations of the Hayes report as soon as possible. I am confident that adopting this approach will help ensure the provision of a timely and quality radiology service in Tallaght Hospital.

Medical Aids and Appliances

Alan Shatter

Ceist:

110 Deputy Alan Shatter asked the Minister for Health and Children the reasons for a delay of up to eight months for an initial appointment with the Health Service Executive hearing services at a location (details supplied) for patients requiring a hearing aid and a further two months delay for a second appointment for the hearing aid to be supplied and fitted. [44552/10]

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

Medical Cards

James Bannon

Ceist:

111 Deputy James Bannon asked the Minister for Health and Children the reason a medical card has not been renewed in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [44567/10]

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

Health Service Staff

James Bannon

Ceist:

112 Deputy James Bannon asked the Minister for Health and Children the reason the request for an internal transfer within the Health Service Executive has not been successful to date in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [44570/10]

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

Medical Cards

John McGuinness

Ceist:

113 Deputy John McGuinness asked the Minister for Health and Children if a medical card application now under appeal will be approved in respect of a person (details supplied) in County Kilkenny. [44576/10]

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

Hospital Services

John McGuinness

Ceist:

114 Deputy John McGuinness asked the Minister for Health and Children if an operation will be arranged as a matter of urgency in respect of a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [44577/10]

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

Vaccination Programme

Sean Sherlock

Ceist:

115 Deputy Seán Sherlock asked the Minister for Health and Children if she will expedite an appointment for a BCG vaccination for a person (details supplied) in County Cork; and if she will make a statement on the matter. [44597/10]

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

Question No. 116 answered with Question No. 92.

Preschool Services

Richard Bruton

Ceist:

117 Deputy Richard Bruton asked the Minister for Health and Children the conditions for enrolment in the free preschool year for the current school year; her estimate of the numbers enrolled and if there are any plans for change in the context of the four year budgetary plan. [44616/10]

The free Pre-School Year in Early Childhood Care and Education (ECCE) scheme, which was introduced in January 2010, is implemented by my office.

Children are eligible for the ECCE scheme when they are aged between three years and three months and four years and six months on 1 September of the relevant year. As this is interpreted broadly, children were eligible in September 2010 if they were born on or between 2 February 2006 and 30 June 2007 and children will be eligible in September 2011 if they were born on or between 2 February 2007 and 30 June 2008. In January 2010, 53,000 children availed of the scheme. I am pleased to advise the Deputy that this figure increased to 63,000 children in September 2010, the first full year of the scheme. This represents a participation rate of 94% of children in the year before primary school.

Health Services

Bernard J. Durkan

Ceist:

118 Deputy Bernard J. Durkan asked the Minister for Health and Children if provision can be made to accommodate a person (details supplied) in County Kildare in suitable residential accommodation; and if she will make a statement on the matter. [44650/10]

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

Departmental Expenditure

Bernard J. Durkan

Ceist:

119 Deputy Bernard J. Durkan asked the Minister for Health and Children the extent of any over or under expenditure, capital or current, by Vote, heading or subheading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if she will make a statement on the matter. [44660/10]

The spend by subhead to the end of October on Vote 39 — the Department of Health and Children, Vote 40 — the Health Service Executive and Vote 41 — the Office of the Minister for Children and Youth Affairs is set out in the tables below.

Vote 39 is under profile on current spending by some €40m at the end of October, and some €10m on capital spending. Some of this variance is as a result of timing issues, but some saving on the Vote spending is now anticipated. Vote 40 is under profile on both capital and current in Gross terms, but significant shortfalls in Appropriations-in-Aid in relation to the Health Levy has resulted in the need to apply for a Supplementary Estimate. In the case of Vote 41, current spending is under profile by €36m and capital spending is under profile by just under €8m. As with Vote 39, some of this variance is caused by timing issues although it is anticipated that there will be some savings on this Vote also.

In the case of both Vote 39 and Vote 41, any savings realised will be used as a contribution towards the Supplementary Estimate on Vote 40 to reduce the Exchequer liability in this regard.

Total to end Oct

€’000

V39 — HEALTH AND CHILDREN (CURRENT)

241,924

V39 — GROSS

246,970

V39 — ADMINISTRATION

27,331

A.1 — SALARIES, WAGES AND ALLOWANCES

23,997

A.2 — TRAVEL AND SUBSISTENCE

377

A.3 — INCIDENTAL EXPENSES

695

A.4 — POSTAL AND TELECOMMUNICATIONS SERVICES

455

A.5 — OFFICE MACHINERY AND OTHER OFFICE SUPPLIES

824

A.6 — OFFICE PREMISES EXPENSES

502

A.7 — CONSULTANCY SERVICES

455

A.8 — VALUE FOR MONEY POLICY REVIEWS

26

V39 — PROGRAMME EXPENDITURE

219,639

B.1 — GRANTS TO RESEARCH BODIES:

21,777

B.2 — GRANTS TO HEALTH AGENCIES & OTHER ORGS (NAT LOTTERY)

2,511

C — EXPS RE W.H.O. & OTHER INTERNATIONAL BODIES

2,461

D — STATUTORY & NON-STAT INQUIRIES & MISC LEGAL FEES & SETTLEMENTS

14,429

E.1 — DEVELOPMENTAL, CONSULTATIVE, SUPERVISORY & ADVISORY BODIES

51,078

E.2 — THE FOOD SAFETY PROMOTION BOARD

6,665

E.3 — THE NATIONAL TREATMENT PURCHASE FUND

74,000

E.4 — IRELAND/NORTHERN IRELAND INTERREG

500

E.5 — OFFICE OF THE OMBUDSMAN FOR CHILDREN

1,700

F.1 — PAYMENTS RE DISABLEMENT CAUSED BY THALIDOMIDE

309

F.2 — PAYMENTS RE PERSONS CLAIMING VACCINATION DAMAGE

0

F.3 — PAYMENTS TO A SPECIAL A/C — S10 HEP C COMP TRIB ACTS 1997 & 2002

38,000

F.4 — PAYMENTS TO REP FUND — S11 HEP C COMP TRIB ACT 1997 & 2002

5,900

G — INFO, CONFERENCES & PUBLICATIONS FOR HEALTH & HEALTH SERVICES

309

V39 — APPROPRIATIONS IN AID

5,046

I — APPROPRIATIONS IN AID

5,046

V39 — HEALTH AND CHILDREN (CAPITAL)

363

V39 — GROSS

363

V39 — ADMINISTRATION

150

A.5 — OFFICE MACHINERY AND OTHER OFFICE SUPPLIES

150

V39 — PROGRAMME EXPENDITURE

213

H — GRANTS IN RESPECT OF BUILDING EQUIPMENT (INCLUDING ICT)

213

V40 — HEALTH SERVICE EXECUTIVE (CURRENT)

9,148,642

V40 — GROSS

11,734,693

V40 — ADMINISTRATION

57,450

A.1 — SALARIES, WAGES AND ALLOWANCES

57,130

A.2 — VALUE FOR MONEY POLICY REVIEWS

320

V40 — PROGRAMME EXPENDITURE

11,677,243

B.1 — HSE — DUBLIN MID LEINSTER REGION

1,256,745

B.2 — HSE — DUBLIN NORTH EAST REGION

1,169,678

B.3 — HSE — SOUTH REGION

1,805,237

B.4 — HSE — WEST REGION

2,003,421

B.5 — GRANT TO HEALTH BODIES

2,163,206

B.6 — MEDICAL CARD SERVICES SCHEME

2,257,531

B.7 — GRANT TO HEALTH AGENCIES (NAT LOTTERY)

6,260

B.8 — GRANT FOR SERVICES FOR HEP C

12,510

B.9 — DORMANT ACCOUNTS

2,194

B.10 — PAYMENTS TO SPECIAL A/C — HEALTH REPAYMENTS SCHEME

15,000

B.11 — PAYMENTS TO SPECIAL A/C — HEPATITIS C SCHEME

0

B.12 — LONG TERM RESIDENTIAL CARE

801,483

B.13 — SERVICE DEVELOPMENTS

37,613

B.14 — PAYMENTS TO STATE CLAIMS AGENCY

63,034

C.3 — INFO SYSTEMS FOR HEALTH AGENCIES

83,331

V40 — APPROPRIATIONS IN AID

2,586,051

D — APPROPRIATIONS IN AID

2,586,051

V40 — HEALTH SERVICE EXECUTIVE (CAPITAL)

280,530

V40 — GROSS

284,266

V40 — PROGRAMME EXPENDITURE

284,266

B.9 — DORMANT ACCOUNTS

2,926

C.1 — BUILDING AND EQUIPMENT

260,707

C.2 — BUILDING AND EQUIPMENT (NAT LOTTERY)

0

C.3 — INFO SYSTEMS FOR HEALTH AGENCIES

2,143

C.4 — BUILDING & EQUIPPING MENTAL HEALTH & OTHER HEALTH FACILITIES

18,490

V40 — APPROPRIATIONS IN AID

3,916

D — APPROPRIATIONS IN AID

3,916

V41 — OFFICE OF THE MINISTER FOR CHILDREN & YOUTH AFFAIRS CURRENT

273,269

V41 — GROSS

276,969

V41 — PROGRAMME EXPENDITURE

276,969

A — EARLY CHILDCARE PAYMENT

0

B — NATIONAL CHILDCARE INVESTMENT PROGRAMME

66,379

C — EARLY INTERVENTION PROG FOR CHILDREN (DORMANT ACCS FUNDED)

940

D — ECCE PRE-SCHOOL YEAR SCHEME

151,472

E — NCS (NATIONAL LONGITUDINAL STUDY & OTHER PROGRAMMES)

18,067

F — GRANT IN AID FOR GEN EXPS OF YOUTH ORGS (G-I-A)

8,024

G — GRANT IN AID FOR GEN EXPS OF YOUTH ORGS (NAT LOTTERY) (G-I-A)

32,111

H — REFERENDUM ON CHILDREN’S RIGHTS

0

V41 — APPROPRIATIONS IN AID

3,700

I — APPROPRIATIONS IN AID

3,700

CAPITAL

18,156

V41 — GROSS

18,156

V41 — PROGRAMME EXPENDITURE

18,156

B — NATIONAL CHILDCARE INVESTMENT PROGRAMME

17,500

E — NCS (NATIONAL LONGITUDINAL STUDY & OTHER PROGRAMMES)

656

Hospital Services

Frank Feighan

Ceist:

120 Deputy Frank Feighan asked the Minister for Health and Children in the context of the Health Service Executive West’s rationalisation of acute hospital services and other service reconfigurations, the position regarding the closure of Roscommon Hospital and the transfer of beds to another site as part of those plans. [44683/10]

Frank Feighan

Ceist:

121 Deputy Frank Feighan asked the Minister for Health and Children the specific proposals that have been relayed from the Health Service Executive to her regarding the rationalisation of acute hospital services and other service reconfiguration in the HSE West region. [44684/10]

I propose to take Questions Nos. 120 and 121 together.

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

Medical Cards

Bernard J. Durkan

Ceist:

122 Deputy Bernard J. Durkan asked the Minister for Health and Children the reason medical cards not yet expired were withdrawn in respect of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [44686/10]

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

Road Network

Joe Carey

Ceist:

123 Deputy Joe Carey asked the Minister for Transport if he will report on any moneys provided to an organisation (details supplied); and if he will make a statement on the matter. [44507/10]

The improvement and maintenance of regional and local roads is the statutory responsibility of each local authority, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from local authorities own resources and are supplemented by State road grants. The initial allocations and final payments to Clare County Council under the Regional and Local Roads Investment Programme between 2007 and 2010 are outlined in the following table.

Year

Initial Allocation

Final Payment

Difference

2007

22,144,959

22,109,873

-35,086

2008

21,753,949

21,509,081

-244,868

2009

16,032,498

16,085,056

+52,558

2010

15,586,498

*11,008,203

*This figure represents the payment to date in 2010. Final figures for 2010 will not be available until early 2011. It should be noted however, that it is expected that overall there will be full expenditure of the 2010 regional and local road grants by the end of the year.

Ministerial Responsibilities

Bernard J. Durkan

Ceist:

124 Deputy Bernard J. Durkan asked the Minister for Transport the areas within his portfolio for which he has direct responsibility to the Dáil; the areas for which he has no responsibility to the Houses; the source of the funding provided overall; the person or body or agency responsible for providing such funds in respect of both; the person or group accountable and on what basis or circumstances; if he foresees any changes whereby all expenditure is accounted for by him in Dáil Éireann or elsewhere; if it is his intention to devolve more budgetary or policy responsibility to bodies under his aegis; and if he will make a statement on the matter. [44645/10]

As Minister for Transport I have overall responsibility for specified functions in the aviation, land transport and maritime sectors as determined by Government and the Oireachtas. A number of my responsibilities have been delegated to bodies under the aegis of my Department through enactments by the Oireachtas. The functions and accountabilities of these bodies are set out by statute in the Acts establishing those bodies and in any subsequent amending Acts. Exchequer funding is provided through the Department of Transport Vote to a number of these bodies for the purposes of providing transport infrastructure and services and in some cases to cover administration expenses.

The matter of devolving more responsibilities to State bodies is kept under ongoing review with the most recent being the transfer of additional functions from my Department to the National Transport Authority. In line with overall Government policy, a number of proposals for streamlining the delivery of State services by the merging of bodies or functions under my Department's remit are also under active consideration.

Departmental Expenditure

Bernard J. Durkan

Ceist:

125 Deputy Bernard J. Durkan asked the Minister for Transport the extent of any over or under expenditure, capital or current, by Vote, heading or subheading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if he will make a statement on the matter. [44664/10]

My Department's net allocation for 2010 totals €2,312m comprising capital expenditure with a net allocation of €1,762m and current expenditure with a net allocation of €550m. I expect that the overall net expenditure outcome will be very close to the allocation. My Department has identified some projected underspends and overspends within the Subheads of the Vote and as a result, I have sought a Technical Supplementary Estimate to re-allocate funds between Subheads. I will be outlining the details of the Technical Supplementary Estimate to the Select Committee on Transport today.

Courts Service

Alan Shatter

Ceist:

126 Deputy Alan Shatter asked the Minister for Justice and Law Reform his plans to change the jurisdiction in the District and Civil Court in civil cases. [44447/10]

The levels of jurisdiction in the Circuit and District Courts in civil matters are being examined in my Department, taking into account necessary consultations, with a view to establishing any appropriate new levels.

Garda Strength

Michael Ring

Ceist:

127 Deputy Michael Ring asked the Minister for Justice and Law Reform if he will provide, in tabular form on a county basis, details of the notification received regarding the number of gardaí who are retiring at the end of 2010. [44456/10]

I am informed by the Garda authorities that as of the 19 November 2010, the number of sworn members who have retired, or indicated that they will retire by the end of 2010, is 350. A breakdown of retirees on a county basis in tabular form is not readily available. I will write directly to the Deputy when I have the figures to hand.

Michael Ring

Ceist:

128 Deputy Michael Ring asked the Minister for Justice and Law Reform the number of promotions which have been made in An Garda Síochána on a county basis in tabular form and if there is an embargo on promotions within An Garda Síochána [44457/10]

I have been informed by the Garda authorities that the promotions which have been made in An Garda Síochána on a county basis in tabular form are not readily available. I will write directly to the Deputy when I have the figures to hand. As the Deputy will be aware, the moratorium on recruitment and promotions in the Public Service continues to apply to the Garda Síochána for both sworn members and civilian support staff. The situation is continually kept under review in consultation with the Garda Commissioner and derogations can be sought in exceptional circumstances from the Minister for Finance.

Restorative Justice

Charlie O'Connor

Ceist:

129 Deputy Charlie O’Connor asked the Minister for Justice and Law Reform his plans for increasing the use of restorative justice; his assessment of the content of the final report from the Restorative Justice Commission; the limitations of the restorative justice model; the potential for the use of restorative justice across the Irish criminal justice system; the timescales involved; and if he will make a statement on the matter. [44474/10]

My Department has now examined the report on Restorative Justice provided to me by the National Commission. On foot of that examination, I am pleased to inform the Deputy and the House that the Probation Service will be introducing a scheme before the end of this year to test a range of restorative interventions for adult offenders based on the recommendations contained in the report. This will enable my Department to evaluate what role such interventions as recommended in the report might play having regard to overall effectiveness, potential, and value for money considerations.

My Department, through the Probation Service, already funds two restorative justice projects, one based in Nenagh and a second in Tallaght. The scheme will involve an expansion of these two projects. The Nenagh Community Reparation project will be extended to Limerick and Tipperary while the Tallaght based Restorative Justice Service will be extended to the Criminal Courts of Justice. The objective of the scheme is to build the foundation for the implementation of a robust restorative justice model of practice providing an alternative to a prison sentence of less than 12 months duration. This will test the model's ability to manage up to 100 adult offenders by Community Reparation and up to 300 by the Restorative Justice Service. The model will involve the use of community and volunteer resources.

The Probation Service will monitor, oversee, and evaluate the implementation of the scheme and will provide a report on the effectiveness and value for money of the model after a 12 month operational period. The Deputy can be assured that my focus is to encourage the use, to the greatest extent possible, of the menu of non-custodial options available to the courts. I believe the restorative justice concept has a place in that range of available options.

Citizenship Applications

Caoimhghín Ó Caoláin

Ceist:

130 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Law Reform further to Parliamentary Question No. 924 of 29 September 2010, when he will provide the breakdown by nationality of approvals and rejections as requested. [44482/10]

I have recently written to the Deputy providing general information in reply to the Parliamentary Question to which he refers. As stated therein, the number of applications approved since 2005 is approximately 14,312, while the number of applications refused is approximately 3,290. Applications for certificate of naturalisation were received from applicants from 172 nationalities. Further details are being compiled which will be provided to the Deputy shortly.

Sexual Offences

Finian McGrath

Ceist:

131 Deputy Finian McGrath asked the Minister for Justice and Law Reform if he will support a matter (details supplied). [44497/10]

The Sex Offenders Act 2001 requires convicted sex offenders to notify An Garda Síochána of their name and home address within seven days of becoming subject to the notification requirement. Thereafter offenders must notify An Garda Síochána of any subsequent changes to their name or address, within seven days of the event. Offenders who leave the State for an intended continuous period of seven days or more must inform An Garda Síochána in advance of their leaving. It is an offence under the Act for a person convicted of an offence covered by the Act to fail to inform his/her employer of that conviction, where the work or service provided consists mainly of the person having unsupervised access to, or contact with, a child or children or a mentally impaired person or persons.

These requirements also apply to any offenders convicted in another jurisdiction of the same range of sexual offences who enter the State. An Garda Síochána has a system in place for the monitoring of all persons subject to these requirements. The Domestic Violence and Sexual Assault Investigation Unit monitors and manages the notification provisions and maintains all information relating to persons who have obligations under the Act. There is a nominated Garda Inspector in each Garda Division who has responsibility for the monitoring of persons subject to the requirements of the Act in their Division. As soon as the Domestic Violence and Sexual Assault Investigation Unit is advised by a relevant authority, such as the Irish Prison Service, the Courts Service or a foreign law enforcement agency, of the impending release or movement of sex offenders into their area this information is immediately passed to the nominated Inspectors, who are advised of information relevant to their Divisions.

Once a person becomes subject to the legislation he or she is informed by a member of An Garda Síochána of his or her obligations under the Act. Should they arise, child protection issues are raised with the health authorities, as set out in the Children First Guidelines. In cases where An Garda Síochána is aware that a person from outside the jurisdiction who is subject to the notification requirements is entering the jurisdiction, they make every effort to ensure they are aware of their obligations under the legislation at the earliest possible opportunity. A member of An Garda Síochána, not below the rank of Chief Superintendent, may apply to the Circuit Court for a civil order against a convicted sex offender whose behaviour in the community gives An Garda Síochána reasonable cause for concern that such an order is necessary to protect the public from serious harm. The information supplied by the Deputy has been passed to the Garda authorities.

Anti-Social Behaviour

Finian McGrath

Ceist:

132 Deputy Finian McGrath asked the Minister for Justice and Law Reform if he will support a matter (details supplied). [44498/10]

I am informed by the Garda authorities that the location referred to is within Clontarf Garda Sub-District. Local Garda management is aware of incidents of anti-social behaviour at the location. Discussions on the matter are ongoing between An Garda Síochána and Dublin Bus. The area is subject to regular patrols by uniform and plain-clothes personnel, including the Community Policing and Mountain Bike Units and the District Detective and Drug Units, supplemented as required by the Divisional Crime Task Force and Traffic Corps personnel.

Local Garda management closely monitors and keeps under review patrols and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in the area, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. The situation is kept under review. Current policing plans in the area are designed to address issues of crime and public order offences, including the prevention of crimes of violence against persons and property. Community policing is a central feature and core value of Garda policing policy, and current policing strategies are predicated on the prevention of crime, public order offences and anti-social behaviour. This approach promotes an environment conducive to the improvement of the quality of life for residents.

Garda Deployment

Finian McGrath

Ceist:

133 Deputy Finian McGrath asked the Minister for Justice and Law Reform if he will support a matter (details supplied). [44511/10]

I have been informed by the Garda Commissioner that the area referred to is within the Clontarf Garda sub-district and that local Garda Management is aware of difficulties being experienced by local residents as a result of anti-social behaviour, particularly by young people who frequent bars and late-night food outlets in this area.

The area is the subject of regular patrols, particularly over week-ends, by uniform and plain-clothes officers including the Community Policing and Garda Mountain Bike Units, District Detective and Drugs Unit personnel, supplemented as required, by the Divisional Crime Task Force and Traffic Corps personnel. Many of these patrols specifically target anti-social behaviour. Local Garda Management closely monitors such patrols and other operational strategies in place to ensure optimum use is made of Garda resources and that the best possible Garda service is provided to the public and that the policing needs of the communities in these areas are met.

Current policing plans in the area are designed to address issues including the prevention of public order offences, the prevention of crime including crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of quality of life of the residents of the area. Community policing is a central feature and core value of policing policy, which will continue in the delivery of a policing service to the area in question.

Deportation Orders

Bernard J. Durkan

Ceist:

134 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if he will review the decision to deport in the case of a person (details supplied) in County Louth, given they are in Ireland since 2002 and have commitments here; and if he will make a statement on the matter. [44543/10]

I refer the Deputy to my replies given to Parliamentary Questions No. 164 on 14 October 2008, No. 264 on 3 February 2009, No. 197 on 1 July 2009 and No. 277 on 8 December 2009. The status of the person concerned remains as set out in those replies. The person referred to by the Deputy is the subject of a Deportation Order, signed on 24 August 2004, following a comprehensive and thorough examination of his asylum claim and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questionsprocess.

Work Permits

John McGuinness

Ceist:

135 Deputy John McGuinness asked the Minister for Justice and Law Reform if a person (details supplied) in County Kilkenny is entitled to work in Ireland without a work permit or stamp 4 in view of the fact that their parents are legally in Ireland since 2000 and that they are finished their education in Ireland in 2009 and have worked since that date; and if he will make a statement on the matter. [44573/10]

I wish to inform the Deputy that the parents of the person concerned were granted permission to remain in the State for two years from 24/02/05 under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 Scheme. Subsequent to Romania's joining of the European Union on 1 January 2007, the position is that Romanian citizens, who had been granted permission to remain in the state under stamp 4 conditions, do not have to apply to have their permission renewed and do not have to register again with the Gardaí when their existing permission to remain expired. Furthermore, they do not require a work permit to work in the State. This also applied to their dependents who were resident in the State prior to 1 January 2007 and have continued to reside here since that time.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Visa Applications

Willie Penrose

Ceist:

136 Deputy Willie Penrose asked the Minister for Justice and Law Reform the position regarding an application for family reunification in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [44594/10]

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to made an application for Family Reunification on 15th September 2009 in respect of his wife. I understand that a letter has issued from the Family Reunification Section to the person in question requesting further documentation. The application of the person in question will be considered further on receipt of the requested documentation.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

State Bodies

Denis Naughten

Ceist:

137 Deputy Denis Naughten asked the Minister for Justice and Law Reform the number of persons employed in the land registry and property registration authority on 31 December 2003, 31 December 2006, 31 December 2007, 31 December 2008 and to date in 2010; and if he will make a statement on the matter. [44596/10]

The whole-time equivalent staffing numbers for the Property Registration Authority (formerly Land Registry) on the dates specified by the Deputy are as follows:

Current — 590;

End 2008 — 686;

End 2007 — 706;

End 2006 — 657;

End 2003 — 658.

Asylum Applications

Bernard Allen

Ceist:

138 Deputy Bernard Allen asked the Minister for Justice and Law Reform the position regarding an application in respect of a person (details supplied); and if he will make a statement on the matter. [44599/10]

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 23 November 2007, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Garda Investigations

Bernard J. Durkan

Ceist:

139 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an investigation into an incident (details supplied). [44632/10]

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy again when the report is to hand.

Asylum Applications

Bernard J. Durkan

Ceist:

140 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [44633/10]

Arising from the refusal of his 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 13 September 2005, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. Representations were submitted on behalf of the person concerned at that time.

The person concerned was subsequently informed, by letter dated 22 January 2008, of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

141 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [44634/10]

Arising from the refusal of their asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was notified, by letter dated 27 August 2009, the second person concerned, by letter dated 13 September 2005, and their two children, by separate letters dated 31 August 2009, that the Minister proposed to make Deportation Orders in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against them. In addition, the first named person concerned and her two children were notified of their entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006. The second named person concerned was subsequently informed, by letter dated 22 January 2008, of his entitlement to apply for Subsidiary Protection in the State.

The second named person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the second named person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the second named person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

The position in the State of the first named person concerned and her two children now falls to be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the files are passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the persons concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

142 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding residency in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [44635/10]

I refer the Deputy to his Parliamentary Question No. 516 of Tuesday, 20 April, 2010 and the written Reply to that Question. The position in the State of the person concerned is as set out in that Reply.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

143 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding residency and citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [44636/10]

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 30 March 2009, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection.

By letter dated 12 November 2010, the person concerned notified my Department, through her legal representative, that she wished to withdraw her application for Subsidiary Protection in the State.

The case file of the person concerned, including all representations submitted, will now be considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this consideration has been completed, the case file of the person concerned will be passed to me for decision.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

144 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding residency and citizenship in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [44637/10]

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 30 July 2009, that the Minister proposed to make Deportation Orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and her child. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned and her child will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

Bernard J. Durkan

Ceist:

145 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding residency and citizenship in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [44638/10]

I wish to inform the Deputy that the person concerned arrived in the State accompanied by her mother in August 2003.

The mother was granted permission to remain in the State in 2005 under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1 January, 2005, known as the IBC/05 Scheme. The permission to remain was renewed recently and is currently valid until April 2013. Minor children under the age of sixteen, such as the person concerned, who are resident in the State and are in the care of non-EU parents/legal guardians who have been granted permission to remain under the IBC/05 Scheme avail of the same permission to remain as their parents. The person concerned is obliged to register with the Garda National Immigration Bureau, or with her local Immigration Officer, in her own right on reaching sixteen years of age. This should be done one month prior to her 16th birthday.

I have been informed that the mother of the person concerned has not made an application for Citizenship in the State. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

146 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding residency in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [44639/10]

I refer the Deputy to my detailed Reply to his earlier Parliamentary Question No. 179 of Thursday, 4 November 2010, and the written Reply to that Question.

The position in the State of the person concerned now falls to be considered for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted, including those of a medical nature, will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Ceist:

147 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding residency and citizenship in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [44640/10]

The person concerned has had his leave to remain in the State renewed for a further six month period, to 6 February 2011. This decision was conveyed in writing to the person concerned by letter dated 6 August 2010.

There is no record in my Department of the person concerned having submitted an application for citizenship.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Citizenship Applications

Bernard J. Durkan

Ceist:

148 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding citizenship in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [44641/10]

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.

The application is currently being processed in the normal way with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision when processing is completed. In this regard, additional documentation requested from the person concerned has not yet been submitted.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

Bernard J. Durkan

Ceist:

149 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding residency in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [44642/10]

I refer the Deputy to the Reply given to his Parliamentary Question No. 1108 Wednesday, 25 September 2010. The status of the person concerned, as set out in that reply, remains unchanged.

The person concerned is the subject of a Deportation Order following a comprehensive and thorough examination of his asylum claim and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

If there has been a change in the circumstances of the person concerned, or new information has come to light which has a direct bearing on his case, there remains the option of applying to me for revocation of the Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is an operational matter for the Garda National Immigration Bureau.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Asylum Support Services

Bernard J. Durkan

Ceist:

150 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if direct living accommodation can be provided in the Dublin region in the case of a person (details supplied); and if he will make a statement on the matter. [44643/10]

The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. Before dealing with the substantive question, the background of the person's history in the State needs to be set out as the details supplied contain errors. The first formal presentation by this person to the immigration authorities was on the date of her asylum application on 26 August, 2008 (at age 19 years) but claims to have been in the State since January, 2005. The details supplied by the Deputy are unclear but also suggest that this person has been living in the State since the age of 5. This is not the case.

This person refused RIA accommodation in 2008 and has only recently sought to avail of RIA accommodation. The RIA understands that this person was living with family members in the interim. In accordance with its accommodation policy, the RIA offered this person accommodation at Lisbrook accommodation centre in Galway city but this offer was refused. The RIA must manage its bed space allocation on the basis of demand for beds from newly arrived asylum seekers and those seeking to access or return to RIA accommodation at a latter date. Allocation is based on availability and other criteria and it is on this basis that the offer of accommodation at Lisbrook accommodation centre was made.

Notwithstanding this, if the person referred to in the details supplied wishes to write to the RIA again in respect of her specific need to be within access of north County Dublin, the RIA will give further consideration to the request. Such correspondence should issue to:

Operations Unit,

RIA,

PO Box 11487

Dublin 2

The Deputy should be aware that queries in relation to the status of individual immigration cases, including accommodation status at the RIA, may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Citizenship Applications

Bernard J. Durkan

Ceist:

151 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding residency and citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [44644/10]

As the name of the person referred to by the Deputy does not match the reference number supplied, it is not possible to definitively identify the person to whom the Deputy is referring in his Question. However, if the Deputy wishes to re-submit his Question with the correct details included, I will be happy to provide a substantive reply.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Departmental Expenditure

Bernard J. Durkan

Ceist:

152 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the extent of any over or under expenditure, capital or current, by Vote, heading or subheading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if he will make a statement on the matter. [44661/10]

The financial expenditure returns for the Justice Vote Group for the year to date until the end-November will not be available for another week or so. When that information is available I will communicate further with the Deputy.

Asylum Applications

Bernard J. Durkan

Ceist:

153 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if he will arrange for a review in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [44688/10]

I refer the Deputy to my previous reply to a Parliamentary Question No 1010 of 29 September 2010 in this matter. I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy made a Family Reunification application in April 2007. I am further informed by INIS that a letter issued to the person referred to on the 22nd September 2010 requesting further documentation. On receipt of said documentation their application will be considered further.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Departmental Programmes

Lucinda Creighton

Ceist:

154 Deputy Lucinda Creighton asked the Minister for Foreign Affairs the progress he has made in implementing the overseas graduate programme as outlined in the Global Irish Forum report; and if he will make a statement on the matter. [44669/10]

Participants at the Global Irish Economic Forum, held at Farmleigh in September 2009, expressed strong support for the development of new structured opportunities abroad for Irish graduates. The Farmleigh Fellowship programme was one such initiative to emerge from the Forum. It was developed by a number of participants based in Singapore and launched in May of this year.

The new programme will provide 25 Irish graduates with the opportunity to work in Asia on placement with a broad range of international companies for four months and to participate in a joint MSc degree from University College Cork and the Nanyang Business School of the Nanyang Technical University in Singapore. It is expected that participant orientation in companies will take place in Ireland over the coming weeks with academic work beginning in January in UCC. The Fellowship has developed a number of productive strategic partnerships in the course of bringing the programme to this stage, including with Enterprise Ireland and IBEC, and provides an innovative model through which the next generation of Irish businesspeople can take advantage of the enormous opportunities that exist in Asia.

The Fellowship has been awarded €135,000 under the Emigrant Support Programme administered by my Department and has raised significant additional funds through participating companies. There are a number of other Government sponsored graduate programmes in operation at present, including those offered by Enterprise Ireland and Bord Bia. In recent weeks, the Government funded Irish Technology Leadership Group has announced its intention to establish a mentoring programme for graduates in the field of technology in partnership with the support of private sector sponsorship. My Department, in close consultation with members of the Global Irish Network, will continue to explore ways in which opportunities for Irish graduates abroad may be expanded.

Departmental Expenditure

Bernard J. Durkan

Ceist:

155 Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent of any over or under expenditure, capital or current, by Vote, heading or subheading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if he will make a statement on the matter. [44659/10]

My Department is responsible for two Votes — Vote 28 (Foreign Affairs) and Vote 29 (International Cooperation). Under Vote 28, I expect there will be an overspend of approximately €15.2 million on Subhead I (Contributions to International Organisations) in 2010. This will be partly offset by savings of €1.8 million on the Administrative Budget and €1 million in Subhead C (Support for Irish Emigrant Services). A Supplementary Estimate is required to cover the remaining shortfall of €12.4 million and it is proposed that the necessary funds will be found by reducing expenditure under Vote 29. The shortfall on Subhead I is mainly due to increased costs in Ireland's contributions to United Nations Peacekeeping Operations. These payments are assessed on an ongoing basis by the United Nations and are mandatory in nature.

The level of contribution is difficult to forecast. It is affected by changes to the overall budgets at the UN, currency fluctuations and adjustments to Ireland's contribution key. I do not expect any significant underspend or overspend in other subheads under Vote 28. In terms of receipts, the current trend suggests that Appropriations in Aid for the Department will exceed the estimated amount by approximately €1m. This arises largely from a higher than expected number of passport applications. Under Vote 29, expenditure patterns are in line with budget projections. A full spend is forecast across all programme subheads. A reduction in overall expenditure of €12.4 million will be necessary in order to provide funding for the Supplementary Estimate being proposed for Vote 28.

Departmental Programmes

Lucinda Creighton

Ceist:

156 Deputy Lucinda Creighton asked the Minister for Foreign Affairs the progress to date on a Gateway Ireland website as outlined in the Global Irish Forum Report; the discussions he has had regarding the website; and if he will make a statement on the matter. [44665/10]

The ‘Gateway Ireland' website project was one of the specific initiatives to emerge from the Global Irish Economic Forum, held at Farmleigh in September 2009. The proposal was made by Mr John McColgan at the Forum and has subsequently been taken forward by a private sector group led by him. It is designed to provide a comprehensive and multi-layered online facility, through which the relationship between Ireland and the global Irish can be further enhanced. A public seminar aimed at raising awareness of the project and its potential was held at Dublin Castle in May of this year.

I welcome the initiative and believe that it has the potential to provide an important new tool for connecting the Irish at home and abroad. I have also been supportive of a number of other online projects developed recently with a similar purpose. While Mr McColgan has briefed me on progress being achieved since the Forum, ‘Gateway Ireland' is a private sector-led initiative and, as such, my Department has no operational involvement or responsibility for its implementation. Mr McColgan has confirmed to my officials in recent days that significant progress continues to be made towards making the project operational in 2011. I would like to acknowledge the considerable time and resources devoted to date by Mr McColgan to this project and I look forward to its successful implementation.

Lucinda Creighton

Ceist:

157 Deputy Lucinda Creighton asked the Minister for Foreign Affairs if a taskforce has been established to develop the initiative of a world class centre of university for the performing arts and Irish culture as outlined in the Global Irish Forum Report; and if he will make a statement on the matter. [44666/10]

The importance of Irish culture in promoting Ireland, including Irish business, abroad was a prominent theme at the Global Irish Economic Forum held at Farmleigh House in September, 2009. During the course of the Forum, Mr Dermot Desmond proposed that a ‘world class' centre or University for the performing arts and Irish culture be established in a landmark building in Ireland. The goal would be to make Ireland a global centre for artistic and creative education, innovation and technology.

The project, which is a private not a state initiative, is ongoing under the leadership of Mr Desmond. A seminar to examine the project took place in late June at which the major national third-level institutions were represented at a senior level. I understand that a detailed proposal shall be shared with the relevant partners shortly. Any issues relating to the third level sector will be a matter for the Minister for Education and Skills. I would like to acknowledge the considerable time and resources devoted to date by Mr Desmond and his team to this project.

Lucinda Creighton

Ceist:

158 Deputy Lucinda Creighton asked the Minister for Foreign Affairs the progress on the creation of influential Irish individuals and businesses across the world as outlined in the Global Irish Forum report; and if he will make a statement on the matter. [44668/10]

The creation of the new Global Irish Network was one of the key recommendations arising from the Global Irish Economic Forum, held at Farmleigh in September 2009. I was delighted to formally announce the establishment of the Network in February this year at the Irish Embassy in London. Since then, regional meetings have also been held in France, Germany, China, Australia and, most recently, in New York, where US and Canadian members of the Network met on 11 November.

The Network now includes over three hundred individuals, based in thirty three countries, and provides an important mechanism for building on the work begun at Farmleigh. It includes some of the most influential Irish and Irish-connected individuals abroad and provides Ireland with an invaluable resource of international expertise from which we can draw as we work towards economic recovery. This direct access to key private-sector decision makers across the globe has the potential to be a considerable source of ‘soft power' for the country in the years to come. The Network also serves as an additional resource for the Government in promoting Ireland's economic, cultural and tourism messages in key markets and offers a formal forum through which members can exchange views and take forward practical initiatives.

At the recent meeting in New York, participants made clear their determination to support and assist Ireland in addressing our current economic challenges. They also reiterated their willingness to encourage the international media and business communities to focus, to a greater extent, on Ireland's continued economic strengths and opportunities.

Social Welfare Benefits

Finian McGrath

Ceist:

159 Deputy Finian McGrath asked the Minister for Social Protection if he will support the case of a person (details supplied) in Dublin 3. [44460/10]

The Health Service Executive (HSE) has advised that the person concerned was refused rent supplement as the HSE was not satisfied that a bona fide tenancy arrangement existed between the person concerned and the landlord.

Social Welfare Appeals

Michael Ring

Ceist:

160 Deputy Michael Ring asked the Minister for Social Protection the outcome of an appeal in relation to respite care for a person (details supplied) in County Mayo. [44501/10]

I am advised by the Social Welfare Appeals Office that, an oral hearing of this case took place on 1 November 2010 and the Appeals Officer is now considering the appeal in the light of all the evidence submitted, including that adduced at the oral hearing. The person concerned will be notified when the appeal has been finalised. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits

Sean Sherlock

Ceist:

161 Deputy Seán Sherlock asked the Minister for Social Protection if there are specific conditions that are being deliberately disregarded for the purposes of deliberating on domiciliary care allowance applications; and if he will make a statement on the matter. [44502/10]

In order to qualify for domiciliary care allowance a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, effectively full-time so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months.

Eligibility for domiciliary care allowance is not based primarily on the impairment or disease, but on the resulting lack of function of body or mind necessitating a degree of extra care and attention required; as such it is not possible to say in advance if a child diagnosed with any specific condition will qualify for a payment under the scheme. Every application is assessed on its individual merits by one of the Department's Medical Assessors and a medical opinion, based on the information submitted by the applicant in support of their claim, is offered in each case. The deciding officer then makes a decision having considered the medical opinion provided and all the other information available.

Ciaran Lynch

Ceist:

162 Deputy Ciarán Lynch asked the Minister for Social Protection when supplementary payment will be restored in respect of a person (details supplied) in County Cork; when a determination will be made in regard to an application for lone parent payments; and if he will make a statement on the matter. [44517/10]

The Health Service Executive (HSE) has advised that payment of basic supplementary welfare allowance (SWA) and rent supplement to the person concerned were stopped as she moved accommodation without notifying the HSE. The HSE further advised that it will restore payment of basic SWA to the person concerned shortly. The person concerned has also made an application for one-parent family payment but no decision has been made on her application.

David Stanton

Ceist:

163 Deputy David Stanton asked the Minister for Social Protection the number of jobseeker’s allowance and jobseeker’s benefit claimants respectively who collect weekly payments at their local post office; the numbers paid by electronic fund transfer to their nominated bank account; and if he will make a statement on the matter. [44530/10]

The information requested by the deputy is contained in the attached tabular statement.

Cheque

Electronic Fund Transfer

Post Office

Total

Jobseekers Allowance

24,646

27,766

190,628

243,040

Jobseekers Benefits

46,526

1,357

66,428

114,311

71,172

29,123

257,056

357,351

Social Insurance

Michael Ring

Ceist:

164 Deputy Michael Ring asked the Minister for Social Protection the projected income for the social insurance fund for the remainder of this year and for 2011 and to compare this to the projected outgoings from this fund for those periods in tabular form; and if he will make a statement on the matter. [44553/10]

The projected income for the Social Insurance Fund and its projected outgoings for 2010 are set out in the table below.

Summary of SIF Position and make-up of Exchequer Subvention

2010

2010

Estimate

Estimated

Outturn

Variance

€000

€000

€000

%

SIF Income

7,073,988

6,632,878

-441,110

-6.2%

SIF expenditure on schemes & administration

9,559,662

9,493,205

-66,457

-0.7%

Current Year Operating Deficit

2,485,674

2,860,327

374,653

15.1%

Surplus carried forward from previous year

934,226

891,543

-42,683

-4.6%

Exchequer Subvention required from Vote 38 (Subhead X)

1,551,448

1,968,784

417,336

26.9%

As the income to the Social Insurance Fund will be less than its expected expenditure in 2010, a subvention is required to fund expenditure on schemes such as State Pension Contributory, Widow(er)'s Contributory Pension and Jobseeker's Benefit. The Exchequer Subvention in 2010 is expected to be almost €1,969 million. The estimates of Fund income and expenditure in 2011 is currently being finalised in the context of preparations for the forthcoming Budget and these will be announced on Budget Day, December 7 next.

Social Welfare Appeals

Michael Ring

Ceist:

165 Deputy Michael Ring asked the Minister for Social Protection when will an appeal be dealt with in respect of a person (details supplied) in County Mayo. [44554/10]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 19 October 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. As part of this consideration, the Appeals Officer will decide if an oral hearing is appropriate in this case.

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.

Social Insurance

Michael Ring

Ceist:

166 Deputy Michael Ring asked the Minister for Social Protection the amounts of money paid into social insurance fund for each of the past ten years to date in 2010 in tabular form; and if he will make a statement on the matter. [44559/10]

Michael Ring

Ceist:

167 Deputy Michael Ring asked the Minister for Social Protection the surplus in the social insurance fund each year for each of the past ten years to date in 2010 and the ongoing cumulative total in this fund in tabular form; and if he will make a statement on the matter. [44560/10]

Michael Ring

Ceist:

168 Deputy Michael Ring asked the Minister for Social Protection the amount of payments out of the social insurance fund in each of the past four years to date in 2010; the purpose of same; and if he will make a statement on the matter. [44561/10]

I propose to take Questions Nos. 166 to 168, inclusive, together.

The Social Insurance Fund finances expenditure on insurance based welfare benefits. It held cash equivalent reserves of €890 million at the beginning of 2010. The amount by which income exceeded expenditure has fallen since 2006 and the Fund has run an annual deficit since 2008, using accumulated reserves to supplement the funding required for benefit payments. These cash reserves were exhausted earlier this year. The shortfall between Fund income and expenditure is being met by way of subvention from the Department's Vote 38.

It is important to note that traditionally, social insurance spending has been funded on a tripartite basis — with contributions coming from the exchequer, employers and employees. The exchequer is the residual financier of the Fund and exchequer contributions were the norm for over forty years — for example, in 1967, the state contribution was 38% of Fund expenditure and almost 29% in 1985. However, no exchequer contribution was required between 1996 and 2009 as the Fund was in surplus on foot of contributions from employers and workers.

An actuarial review of the Social Insurance Fund, undertaken in 2005, which covered the period from 2006 to 2061, highlighted that progressive action is required if future costs, including pensions, are to be met. This will involve finding an appropriate balance between the three strands of the tripartite funding system.

The following table sets out the annual information required by the Deputy.

Social Insurance Fund 1999-2010

Year

Receipts

Payments

Operating Surplus/Deficit

Accumulated Surplus/Deficit

€ m

€ m

€ m

€ m

1999

3,159

2,818

341

420

2000

3,726

3,291

435

855

2001

4,307

3,676

631

1,486

2002*

4,798

4,376

422

1,273

2003

5,089

4,833

256

1,529

2004

5,650

5,273

377

1,906

2005

6,159

5,665

494

2,400

2006

6,975

6,326

649

3,049

2007

7,834

7,251

583

3,632

2008

8,144

8,399

(255)

3,377

2009**

7,298

9,783

(2,485)

892

2010***

4,957

6,993

(2,036)

(1,144)

*Payments from the Fund are exclusive of a once off transfer of €635million to the Exchequer.

**2009 accounts are subject to audit by the Comptroller & Auditor General.

***These are the provisional monthly figures up to the end of September. The accumulated deficit of €1,144 million has been funded by way of subvention from the Department's Vote 38.

Social Welfare Benefits

James Bannon

Ceist:

169 Deputy James Bannon asked the Minister for Social Protection the position regarding an application for disability allowance in respect of a person (details supplied) in County Longford; when same will be awarded; and if he will make a statement on the matter. [44566/10]

The person concerned applied for disability allowance on 5 October 2010. Her claim was assessed by a medical assessor of the department, based upon the medical evidence supplied by the customer. The medical assessor was of the opinion that she was not medically suitable for disability allowance. The deciding officer accepted that medical opinion and refused her claim.

A letter issued to the person on 22 November 2010 advising her of this decision.

James Bannon

Ceist:

170 Deputy James Bannon asked the Minister for Social Protection the position regarding an application for domiciliary care in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [44568/10]

An application for domiciliary care allowance was received on the 22nd June 2010. This application was referred to one of the Department's Medical Assessors who found that the child was not medically eligible for domiciliary care allowance. A letter issued on the 3rd September 2010 advising the customer of the decision to refuse domiciliary care allowance.

Willie Penrose

Ceist:

171 Deputy Willie Penrose asked the Minister for Social Protection when a person (details supplied) in County Westmeath became eligible for rent allowance under supplementary welfare allowance and the date from which they applied originally; and if he will make a statement on the matter. [44584/10]

To qualify for payment of rent supplement a person must have been residing in private rented accommodation for a period of 183 days within the preceding 12 months of the date of claim for rent supplement. A person may also qualify for rent supplement where an assessment of housing need has been carried out within the 12 months preceding the date of claim and the person is deemed by the relevant local authority to be eligible for and in need of social housing support.

In all other cases, a person who wishes to apply for rent supplement is referred, in the first instance, for an assessment of eligibility for social housing support by the local housing authority in the area where the claim is made (and the person intends to reside). Only when the person has been assessed as being eligible for and in need of social housing support, does the person become eligible for consideration for rent supplement. Rent supplement is not payable while a housing needs assessment is being undertaken.

The Health Service Executive (HSE) has advised that the rent supplement has been awarded from 16 November 2010 as the housing needs assessment provided by her local authority was dated 15 November 2010.

Willie Penrose

Ceist:

172 Deputy Willie Penrose asked the Minister for Social Protection the reason payment of supplementary allowance to a person (details supplied) in County Westmeath is being stopped on a regular basis; and if he will make a statement on the matter. [44585/10]

The Health Service Executive (HSE) has advised that payment of basic supplementary welfare allowance to the person concerned has been suspended as she has been requested to provide further information in relation to her medical condition. A decision will be made on reinstating her claim when the requested information has been provided.

Willie Penrose

Ceist:

173 Deputy Willie Penrose asked the Minister for Social Protection the position regarding an application for rent supplement in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [44590/10]

The Health Service Executive (HSE) has advised that the person concerned has made an application for rent supplement and that her claim is currently under investigation. The HSE will contact the person concerned when a decision has been made.

Social Welfare Appeals

Willie Penrose

Ceist:

174 Deputy Willie Penrose asked the Minister for Social Protection the position regarding an application for mortgage supplement in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [44592/10]

One of the qualifying conditions for mortgage interest supplement is that the amount of mortgage interest payable by the claimant should not exceed such amount as the Health Service Executive (HSE) considers reasonable to meet his or her residential and other needs. However in exceptional circumstances, the HSE may award a supplement where the amount of mortgage interest payable by a person exceeds such amount as the HSE considers reasonable to meet his or her residential and other needs. Such a supplement is only payable for a maximum of 12 months from the date of the claim.

The HSE has advised that the person concerned applied for mortgage interest supplement in August 2009 and was awarded a mortgage interest supplement as an exceptional measure for 12 months until 30 September 2010 as, in the opinion of the HSE, the mortgage interest payable exceeded such amount it considered reasonable to meet her residential and other needs. The HSE further advised that payment of mortgage interest supplement has now ceased and the person concerned has appealed the decision to the HSE Appeals Office.

Social Welfare Code

Richard Bruton

Ceist:

175 Deputy Richard Bruton asked the Minister for Social Protection the duration of claiming social welfare before a person can qualify to hold entitlements while participating in education programmes and the additional supports with education cost are provided if secondary benefits can be kept and if any changes are planned in the context of the four year budgetary plan. [44600/10]

I understand the Deputy is referring to the back to education allowance (BTEA) scheme. This is a second chance education opportunities scheme designed to remove the barriers to participation in second and third level education by enabling eligible people on social welfare to continue to receive a payment while pursuing an approved full-time education course that leads to a higher qualification than that already held.

With effect from 19th July 2010, changes have been made to the qualifying conditions of the back to education scheme to reflect the present economic situation. The qualifying period for jobseekers is three months for participation in a second level course. The period for which a person is required to be on a qualifying social welfare payment before accessing a third level course was reduced from 12 months to 9 months (a 2 year qualifying period continues to apply to participants coming from Illness Benefit). Since 2007, people who are awarded statutory redundancy may access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study.

In addition since 19th July, a person can avail of BTEA to resume studies in a second or subsequent year of a third level course whereas prior to July, a person could only apply for BTEA if s/he was commencing year one of a course. This also applies to people who are granted an exemption from a period of their third level course. A person who completed earlier year(s) of his/her third level course on a part-time basis but is now getting a jobseeker's payment, may apply for BTEA to continue the course on a full-time basis. The requirement to be in receipt of a social welfare payment for a minimum period has always been a feature of the scheme. A waiting period is considered essential to confer entitlement to income support for an indefinite period and is considered necessary in the context of targeting scarce resources at those who need it most.

BTEA is paid at a standard weekly rate equivalent to the maximum rate for the scheme from which the unemployed person transfers. It is not means-tested and changes in a participant's personal or family financial circumstances do not affect entitlement. In addition, an annual cost of education allowance of €500 is payable. Participants may continue to receive any secondary benefits to which they would otherwise have an entitlement to provided they continue to satisfy a means test.

The conditionality of the scheme will continue to be monitored in the context of the objectives of the scheme. Any changes would have to be considered in the context of the forthcoming Budget, having regard both to needs and to the resources available to meet those needs. In an uncertain economic environment, the priority will be to ensure that the Government strategy to stabilise the financial position is advanced and to protect those most in need in a manner which is sustainable in the years ahead.

Richard Bruton

Ceist:

176 Deputy Richard Bruton asked the Minister for Social Protection the latest terms prevailing for rent and mortgage interest supplement in respect of the minimum contribution to be made weekly by the applicant from welfare income; the maximum monthly ceiling on payments for eligible properties; the income that can be disregarded in the means test; the housing need that must be established to qualify; the circumstances in which the supplement can be retained after returning to full time work and if it is planned to change any of these terms in the context of the four year budgetary plans [44601/10]

Detailed guidelines in relation to the rent and mortgage interest supplement scheme are available on the Departments website (www.welfare.ie). These guidelines set out the type of information the Deputy has requested. I will arrange for a copy of these guidelines to issue to the Deputy.

Any changes made to the rent or mortgage interest supplement scheme will be considered in a Budgetary context, taking into account any other changes that are being considered to social welfare payments.

Richard Bruton

Ceist:

177 Deputy Richard Bruton asked the Minister for Social Protection the ceiling on gross earnings for retention of secondary benefits such as rent supplement. [44608/10]

The existing rent supplement assessment provides for a gradual withdrawal of payment as hours of employment or earnings increase. Those availing of part-time employment and/or training opportunities can continue to receive rent supplement subject to their satisfying the standard means assessment rules. Where a person has additional income in excess of the standard weekly rate of supplementary welfare allowance, the first €75 of such additional income together with 25% of any additional income above €75 is disregarded for means assessment purposes. This ensures that those returning to work or participating in training schemes are better off as a result of taking up such an opportunity.

Rent supplement is not payable where a person or their spouse or partner is in full-time employment, i.e. for 30 hours or more a week. However, a person on rent supplement, who is accepted as eligible for accommodation under the rental accommodation scheme (RAS), may return to full-time work, subject to a means test, without losing entitlement to their rent supplement payment.

It is not possible to provide the ceiling on gross earnings to retain entitlement to rent supplements due to the many variables in determining a person's entitlement. Some of factors which affect the amount of rent supplement payable include:

The accommodation cost,

The household composition,

Any special needs or circumstances the applicant may have or require,

The applicant's earnings and its impact on the rate of primary scheme payable (e.g. jobseeker's allowance/benefit, one parent family payment),

The different types of incomes that an applicant may have, for example maintenance payment or income from investments and

The location of the accommodation.

Richard Bruton

Ceist:

178 Deputy Richard Bruton asked the Minister for Social Protection the circumstances in which a person on one-parent family allowance can qualify for family income supplement when participating in a community employment programme. [44609/10]

In order to qualify for family income supplement, a person must (inter alia) be an employee who is engaged in remunerative employment which is expected to last for at least 3 months and be working for a minimum of 19 hours per week or 38 hours per fortnight.

Article 175 in Part 6 of the relevant regulations (SI 142/07) specifically excludes employment in a community employment scheme as remunerative employment for the purposes of qualifying for family income supplement. Accordingly, a person participating in a community employment scheme cannot qualify for FIS.

Richard Bruton

Ceist:

179 Deputy Richard Bruton asked the Minister for Social Protection the rates at which child benefit is paid and the age limit. [44614/10]

Richard Bruton

Ceist:

180 Deputy Richard Bruton asked the Minister for Social Protection the circumstances in which child dependant allowance can be paid beyond an 18th birthday. [44615/10]

I propose to take Questions Nos. 179 and 180 together.

Child Benefit is a universal payment that assists parents in the cost associated with raising children and it contributes towards alleviating child poverty. It is paid monthly in respect of all children up to the age 16 years and in respect of children over 16 years of age up to their 18th birthday who are in full time education or have a disability. The standard rate of payment of Child Benefit is currently €150 per child per month for the first and second child. A higher rate of payment of €187 per child per month is paid in respect of the third or later child in birth order.

With regard to child dependant allowances, it is assumed that the Deputy is referring to child dependant additions, which are now known as Qualified Child Increases (QCIs). QCIs are paid as supplements to weekly social welfare benefits and allowances in recognition of the need for greater incomes among benefit-dependent households with dependent children. A QCI is payable in respect of each qualified child who normally resides with the claimant. If a dependant is aged between 18 and 22 years a QCI is payable if s/he attends a full-time day course of study, instruction or training at a recognised institute of education.

Payment of the QCI can continue up to 22 years of age or up to the end of the academic year in which the child reaches 22 in the case of long-term payments as well as short-term payments that have been in payment for at least 156 days.

A qualified child increase is also payable after the dependant reaches age 18:

for 3 months immediately after leaving second-level education or finishing the Leaving Certificate Examination, whichever is later,

until the following 30 June or until they complete their full-time second-level day course, whichever is the earlier, or

for the summer holiday period up to the beginning of the next academic year for students in third level education.

If the dependant reaches age 22 during an academic year while attending a full-time day course of education, they continue to be regarded as a qualified child up to the end of that academic year provided they continue to receive full-time education.

Richard Bruton

Ceist:

181 Deputy Richard Bruton asked the Minister for Social Protection the restrictions that apply to persons of 18 years and over living at home in qualifying for jobseeker’s allowance at the full rate and if any changes are planned in this in the context of the four year budgetary plan. [44617/10]

Current legislation provides that where a person, aged 25 years or under, is living with a parent or step-parent in the family home, an assessment is made of the yearly value of any benefit and privilege enjoyed by that person by virtue of residing with a parent or step parent. The value of the benefit and privilege assessed is based on the level of the parents' (and their partners) income.

This rule does not apply where the person is living with other relatives e.g. a brother or sister or with non-relatives.

There are two exceptions to this rule. No assessment is made where a married/co-habiting son/daughter is living with his/her parents or where a person returns to the parental home having had an independent life-style elsewhere in Ireland or abroad for an appreciable length of time e.g. at least 3 years. In the later case a nominal assessment of €7.00 is applied.

Any changes to the above would have to be considered in the context of the forthcoming Budget, having regard both to needs and to the resources available to meet those needs. In an uncertain economic environment, my priority will be to ensure that the Government strategy to stabilise the financial position is advanced and to protect those most in need in a manner which is sustainable in the years ahead.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

182 Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) in County Kildare has an entitlement to disability allowance in view of the fact that they have exhausted their contributions; and if he will make a statement on the matter. [44620/10]

Disability Allowance is a weekly allowance paid to people with a specified disability who are aged 16 or over and under age 66. This disability must be expected to last for at least one year and is subject to a medical examination, a means test and a habitual residence test.

To date no application for disability allowance has been received from the person concerned.

An application form has been forwarded to the person and his entitlement will be examined when the completed application is received.

Social Welfare Code

Bernard J. Durkan

Ceist:

183 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason a person (details supplied) in Dublin 7 fails to meet habitual residency requirements given that he has resided here continuously since 2002; and if he will make a statement on the matter. [44647/10]

The person concerned applied for jobseeker's allowance on 30 November 2009. His application was disallowed on the grounds that he did not satisfy the habitual residency requirements. The reasons he did not satisfy the condition of being habitually resident in the State are as follows:

1. He has lived most of his life outside Ireland.

2. His centre of interest is not Ireland.

3. He does not have an established employment record in Ireland.

4. The nature and purpose of his residency in Ireland does not provide for habitual residence approval. One of the conditions laid down by the Minister for Justice and Law Reform in renewing this person's temporary permission to remain in the State is that he will engage in employment and not become a burden on the State.

The person concerned appealed the decision in relation to the habitual residency condition. On 18 September 2010, the person concerned was advised by letter that the Appeals Officer had decided that the appellant was not habitually resident in the State for social welfare purposes and accordingly, the appeal was disallowed.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

184 Deputy Bernard J. Durkan asked the Minister for Social Protection when an appeal in respect of Invalidity pension will be processed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [44648/10]

The person concerned was awarded invalidity pension from 24th January 2008. She received her pension up to and including 4th November 2009.

Her payment was stopped by the Department with effect from 5th November 2009 as she was deemed to be "not permanently incapable of work" following a medical examination on 16th October 2009.

The person concerned appealed this decision and was referred for another medical examination on 17th February 2010, which was carried out by a different medical assessor. The opinion of the second medical assessor also was that the person concerned "is not permanently incapable of work".

Following this second medical examination and having considered all the evidence, the appeals officer disallowed the appeal.

The customer was notified of this decision and the reason for it, in writing on the 26th October 2010. A decision of an appeals officer is final and conclusive, in the absence of fresh evidence relevant to the appeal.

Departmental Expenditure

Bernard J. Durkan

Ceist:

185 Deputy Bernard J. Durkan asked the Minister for Social Protection the extent of any over or under expenditure, capital or current, by vote, heading or sub heading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if he will make a statement on the matter. [44662/10]

Expenditure on the Department's schemes, services and administration to end of October was €17,041 million or 1.3% below profile. The overall position is set out in the table below.

Scheme expenditure out of Vote 38 and the SIF is incurred almost entirely on payments to individual recipients based on pre-determined qualifying conditions and rates of payment, most of which are set out in legislation. The expenditure, which is demand-led, is driven by economic, social and demographic factors.

Expenditure Breakdown

Amount

Profile

Variance

%

€’000

€’000

€’000

VOTE 38

Administration

295,635

309,581

-13,946

-4.5%

Schemes and services

9,119,351

9,235,998

-116,716

-1.3%

Subvention to Social Insurance Fund

1,621,448

1,155,906

465,542

40.3%

VOTE 38 GROSS EXPENDITURE

11,036,434

10,701,485

334,880

3.1%

Less

X Appropriations-in-Aid

180,661

176,385

4,276

2.4%

VOTE 38 NET EXPENDITURE

10,855,773

10,525,100

330,604

3.1%

Less

Subvention to Social Insurance Fund

1,621,448

1,155,906

465,542

40.3%

Adjusted Vote 38 NET EXPENDITURE

9,234,325

9,369,194

-134,938

-1.4%

SOCIAL INSURANCE FUND

SIF schemes

7,582,509

7,660,505

-77,996

-1.0%

SIF admin

224,337

227,735

-3,398

-1.5%

TOTAL SIF EXPENDITURE

7,806,846

7,888,240

-81,395

-1.0%

Total DSP Expenditure on Schemes, Services & Admin

17,041,170

17,257,435

-216,333

-1.3%

As at end October 2010, expenditure on Vote 38 schemes and administration was €216 million (or 1.3%) under profile. The main reason for this underspend was a slightly lower overall number of recipients than estimated, particularly on the Live Register.

The Subvention to the Social Insurance Fund is ahead of profile because receipts from PRSI contributions are lower than expected.

Social Welfare Benefits

Bernard J. Durkan

Ceist:

186 Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding jobseeker’s allowance in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [44687/10]

The person concerned applied for, and was granted jobseeker's allowance in July 2009. The claim was paid until July 2010, at which time the claimant was no longer available for work.

Sport and Recreational Development

Thomas P. Broughan

Ceist:

187 Deputy Thomas P. Broughan asked the Minister for Tourism, Culture and Sport if she has held meetings with Swim Ireland to discuss attracting the World Swimming Championship to Dublin in 2014; and if she will make a statement on the matter. [44467/10]

I have had no such approach from Swim Ireland.

Departmental Expenditure

Bernard J. Durkan

Ceist:

188 Deputy Bernard J. Durkan asked the Minister for Tourism, Culture and Sport the extent of any over or under expenditure, capital or current, by vote, heading or sub heading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if she will make a statement on the matter. [44663/10]

Total current expenditure for my Department at the end of October was €272.6 million. This represents an underspend of just under €5 million or 1.8% compared to profiled expenditure. The underspend is mainly due to funding being drawn down at a slower than anticipated level. On the capital side, total expenditure at the end of October was €68.2 million, an underspend of €30.7 million or 31% compared to profiled expenditure. As the capital programmes administered by my Department are primarily demand driven, it is difficult to profile expenditure accurately and the underspend on the capital programmes is mainly due to a slower than anticipated drawdown of funding. There are a number of major items of capital expenditure which will fall due before the end of the year.

Detailed expenditure outturns for the full year will be available at the end of December.

Special Areas of Conservation

Frank Feighan

Ceist:

189 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the position regarding the sale of bogland in respect of a person (details supplied). [44681/10]

The vendors' solicitor advised my Department, by letter of 16 November, 2010, that they are not proceeding with this sale.

Private Rental Accommodation

Ciaran Lynch

Ceist:

190 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government the average length of time elapsed from when an application for dispute resolution is lodged with the Private Residential Tenancies Board to the case being heard by an adjudicator; the average cost per adjudication; if he will consider the introduction under the Residential Tenancies Act of a system whereby deposits are retained for safekeeping by the PRTB in view of the fact that 51% of disputes relate to the return of deposits; and if he will make a statement on the matter. [44488/10]

I have no function in operational matters of the Private Residential Tenancies Board (PRTB), as it is an independent statutory body established under the Residential Tenancies Act 2004. However, dispute resolution statistics are published as part of the annual report of the PRTB and are available on their website at www.prtb.ie

In November 2009 I announced the preliminary outcomes of my review of the Residential Tenancies Act which regulates the tenant-landlord relationship in the private residential rented sector. Among those outcomes is a commitment to introduce fixed fines where deposits are found to have been illegally retained and to consider the issue in more detail.

The PRTB commissioned research on the viability of a separate deposit retention scheme in Ireland pursuant to its function, under section 151(1) of the Residential Tenancies Act, to provide advice to the Minister concerning policy in relation to the private rented sector. On foot of this research, the Board endorsed my proposal to introduce fixed fines as outlined above and also decided not to recommend the establishment of a deposit retention scheme.

My Department has considered a number of critical issues in this area, and I have decided that it is prudent to proceed at present with the fixed penalty proposal but not with a wider deposit retention scheme. It is my belief that the fixed penalty model will act as a significant deterrent for landlords who might otherwise consider retaining a deposit without any legitimate grounds for so doing. I believe that this initiative will, over time, greatly reduce the current problem of deposit retention.

It is my intention to have the General Scheme of a Bill amending the Residential Tenancies Act before the Government very shortly.

Wildlife Protection

Finian McGrath

Ceist:

191 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government the action he has taken following the reported seizure of ten hares (details supplied) from a house in Tipperary and if a prosecution was taken under the Wildlife Act [44463/10]

My Department's National Parks and Wildlife Service seized ten hares at the Cashel Coursing Club grounds in Co. Tipperary on 28 August, 2008. The hares were subsequently released under the supervision of my Department.

As no licence had been issued by my Department for the capture of these hares a prosecution was taken under the Wildlife Acts. The defendants pleaded guilty to the possession of hares without a licence at Cashel District Court on 23 July, 2009 and were fined €150 and €300 expenses.

Question No. 192 answered with Question No. 18.
Question No. 193 answered with Question No. 41.

Local Authority Lands

Deirdre Clune

Ceist:

194 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government when the land aggregation scheme and the Housing and Sustainable Communities Limited were established; the number of persons employed by these bodies; the annual cost of operating this project; and if he will make a statement on the matter. [44494/10]

In April 2010, my Department advised housing authorities of revised arrangements for the funding of land used for social housing and sought information from them on local authority residential land holdings for the purpose of ensuring the optimal use of the lands in question.

In July 2010 Housing and Sustainable Communities Ltd. was established as a subsidiary of the National Building Agency. At present the company is involved in the management of land transferred to it from local authorities under the above Land Aggregation Scheme. There are no staff employed directly by the company and the 3 staff overseeing the implementation of the scheme remain employees of the National Building Agency.

The cost in 2010 for managing the scheme is estimated to be in the region of €100,000. The annual costs associated with the running of the scheme will depend on the amount of land transferred and the costs associated with managing the land. It is anticipated that some income will arise as a result of the use of the land, which will be used to offset costs.

Details in relation to applications received under the scheme have been provided separately in reply to Question No. 41 and 193 on today's Order Paper

Deirdre Clune

Ceist:

195 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government his plans to deal with the land transferred under the land aggregation scheme; the use that will be made of that property in the next few years; and if he will make a statement on the matter. [44495/10]

Following the transfer of land to Housing and Sustainable Communities (HSC) Ltd. under the land aggregation scheme, HSC Ltd. will be required to prepare a report, in consultation with relevant bodies, including my Department and the local authority concerned, to ensure the best use of the land from planning and value for money perspectives. A strategy for the management, utilisation, development or disposal of the land in question will be implemented by HSC Ltd.

Land transferred to HSC Ltd. under the scheme will continue to be available for social housing if housing projects are advanced by authorities under the Social Housing Investment Programme. Land may also be made available for alternative use, including non-housing and community infrastructure purposes.

Rental Accommodation Scheme

Richard Bruton

Ceist:

196 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the number of persons now on the rent accommodation scheme operated by the local authorities; the conditions of eligibility for an applicant to qualify; the minimum rent that eligible persons will be required to contribute towards rent from their income; the estimated annual cost of the scheme and if any changes are planned in the context of the four year budgetary plan. [44602/10]

To the end of October, 2010, 30,008 household units have been transferred to the Rental Accommodation Scheme (RAS) from rent supplement. Of these, 16,696 were housed directly in RAS accommodation and a further 13,312 were accommodated under other social housing options.

The current qualifying criteria for RAS are that a household must be in receipt of rent supplement, in general for a period of 18 months or more, and have a long term housing need.

RAS tenants are charged rents based on a housing authority's differential rent scheme and the rent payable is calculated mainly by reference to household income. The differential rent schemes vary from authority to authority; however, the minimum weekly rent a tenant is expected to pay is €24.

There are no plans to change the operation or the terms and conditions of the scheme at the present time.

Local Authority Housing

Richard Bruton

Ceist:

197 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the number of persons who are tenants of local authorities in local authority owned homes and the total value of rents collected by local authorities. [44603/10]

The most up to date figures available show that at end December 2008 there were 118,396 dwellings let by housing authorities to social housing tenants. The average weekly rent for those tenants for that year was €46.85 and the total value of rents collected by housing authorities was €300,935,240.

Home Loan Schemes

Richard Bruton

Ceist:

198 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the number of home choice loans for those earning over €40,000 and if standard local authority home purchase loans for those earning under €50,000 which have been issued in the past 12 months and if any change in the terms and conditions are envisaged in the context of the four year budgetary strategy. [44604/10]

Since introduction of the Home Choice Loan Scheme in Budget 2008, 6 loans have issued. Of these 6 loan applications, 2 applicants were earning over €40,000, 1 as a single applicant and 1 as part of a joint application. To date 17 approval-in-principle recommendations have been made, and of these, 5 applicants were earning over €40,000, 2 as single applicants and 3 as part of joint applications.

In the last 12 months, 89 recommendations to approve a House Purchase Loan were made to the local authorities, all of which were from applicants earning less than €50,000.

There are no plans to change any of the terms and conditions at the present time.

Richard Bruton

Ceist:

199 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government the rate of interest being charged on home loans from local authorities and the charge for mortgage protection and if he will indicate the repayments on a 30 year loan. [44605/10]

The Local Authority variable interest rate, applicable since 1 November 2010, charged to borrowers, including mortgage protection insurance, is 3.3115%. The charge for mortgage protection is currently 0.5615%. Based on this rate, the annual cost of servicing a mortgage of €150,000 would be €7,895.

The Local Authority five year fixed interest rate charged to borrowers, including mortgage protection insurance, is 4.9615%. This rate has been in place on all fixed rate loans advanced on or after 1 July 2009. The charge for mortgage protection is currently 0.5615%. Based on the current fixed rate, the annual cost of servicing a mortgage of €150,000 would be €9,621. However it should be noted that the fixed rate is only applicable to the first five years of the mortgage and the borrower will then revert to the variable rate, which of course is subject to change.

The Home Choice loan interest rate charged to borrowers is currently set at 3.7%. The local authority mortgage protection group scheme is not available to borrowers of Home Choice loans. Based on this rate, the annual cost of servicing a mortgage of €150,000 would be €8,286.

Housing Grants

Richard Bruton

Ceist:

200 Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if any changes to the terms and conditions of grants for older or incapacitated persons to undertake necessary improvements in the home are envisaged in the context of the four year budgetary plan. [44606/10]

I have no proposals at this time to amend the terms and conditions of the Housing Adaptation Grant Schemes for Older People and People with a Disability.

Waste Management

Bernard J. Durkan

Ceist:

201 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if current legislation is adequate to deal with breaches of regulations under waste management legislation with particular reference to compliance, restoration, clean up, pollution or other concerns; if his attention has been drawn to any such issues by the local authorities, the Environmental Protection Agency or other relevant bodies; if he has had any consultation with any such bodies or stakeholders in the public or private sectors; if he has issued any instructions, plans to issue instructions or orders arising from any such contacts; if his further attention has been drawn to any or many breaches of planning or waste permit regulations; the location of any such activity; the degree to which any costs arising are likely to be met by him or other bodies; and if he will make a statement on the matter. [44622/10]

The Environmental Protection Agency (EPA) and the local authorities are responsible for waste licensing and waste permitting, respectively, and enforce rigorously the conditions attached to licences and permits. It is a matter for the EPA and/or the local authorities to decide on the appropriate enforcement actions in relation to any non-compliance matters. Two Ministerial policy directions in relation to waste-related enforcement matters have issued under section 60 of the Waste Management Act 1996. Circular letter WIR 04/05, which issued on 3 May 2005, and Circular letter WPRR 04/08, which issued on 25 July 2008, addressed a range of issues including the intensification of action against illegal waste activity and the appropriate use of sanctions and deterrents to secure the required environmental outcome. Further information on these policy directions is available on my Department's website, www.environ.ie .

Under section 60(3) of the Waste Management Act 1996, however, I am precluded from exercising any power in relation to the performance, in particular circumstances, by a local authority or the EPA of a function conferred on it. I am satisfied that the powers available to the EPA and the local authorities for monitoring compliance with waste licences /permits and conditions are adequate, but will keep the matter under review and will take account of suggestions which bodies with enforcement responsibilities and other parties make from time to time in relation to aspects of the enforcement provisions of the Waste Management Acts.

Under planning legislation, the decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority in the first instance and for An Bord Pleanála on appeal. Issues in relation to planning enforcement are raised with my Department from time to time but enforcement of planning control is a matter for the relevant planning authority, which can take action if a development does not have the required permission, or where the terms of a permission have not been met. Under section 30 of the Planning and Development Act 2000 I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement matter, with which a planning authority or An Bord Pleanála is or may be concerned.

Bernard J. Durkan

Ceist:

202 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the position regarding the proposed incinerator at Ringsend; the degree to which his policy is embodied in the proposal; the extent to which landfill sites or other waste sites in the greater Dublin area comply with such policy; and if he will make a statement on the matter. [44623/10]

In accordance with the provisions of the Waste Management Acts, the preparation and adoption of a waste management plan, including in respect of infrastructure provision, is the statutory responsibility of the local authority or authorities concerned, and under section 60(3) of the Act I am precluded from exercising any power or control in relation to the performance by a local authority, in particular circumstances, of a statutory function vested in it.

However, it is the role of the Minister and Government to set the policy framework and I intend that Irish waste policy will focus on maximising what should be seen as a resource. It is against that background that I have expressed concerns regarding the potential implications of the large scale Poolbeg waste facility for the more progressive approach to waste management I am determined to pursue.

On 15 July 2010 I published a Draft Statement of Waste Policy for public consultation. This set out the various elements being considered as part of the development of a new national waste management policy for the coming decade and beyond, with a focus on a resource management approach. There will be clear implications for the provision of waste infrastructure, as waste is driven away from residual treatment and towards recycling and reuse.

The consultation closed on 1 October 2010 and I am currently considering the submissions received with a view to bringing a final policy statement to Government for decision at the earliest opportunity. This will provide certainty for those in the waste management sector and a framework within which the necessary legislative changes can be brought forward.

Bernard J. Durkan

Ceist:

203 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which thermal or landfill waste management facilities already in existence are operating in compliance with planning conditions or his policy in such matters. [44624/10]

Thermal treatment and or landfill facilities are required to be licensed by the Environmental Protection Agency (EPA) under section 39(1) of the Waste Management Act 1996. The monitoring of compliance with the conditions of a licence is solely a matter for the EPA. Section 60(3) of the Waste Management Act 1996 precludes me from the exercise of any power or control in relation to the performance, in particular circumstances, by a local authority or the EPA of a function conferred on it. It is, therefore, a matter for the EPA to ensure compliance with any waste licence issued, and to decide on the appropriate enforcement action in relation to any non-compliance matters. The EPA has published statistics in relation to enforcement actions in its Focus on Environmental Enforcement in Ireland report which is available on the Agency's website www.epa.ie .

Under planning legislation, the decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority in the first instance and for An Bord Pleanála on appeal. Enforcement of planning control is a matter for the relevant planning authority, which can take action if a development does not have the required permission, or where the terms of a permission have not been met. Under section 30 of the Planning and Development Act 2000 I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement matter, with which a planning authority or An Bord Pleanála is or may be concerned.

Water Quality

Bernard J. Durkan

Ceist:

204 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of incidents of water or land pollution deemed to have been caused by malfunction under capacity of municipal waste water treatment facilities; his planned or proposed action arising; and if he will make a statement on the matter. [44625/10]

The most recent three-year report on water quality, by the Environmental Protection Agency (EPA), Water Quality in Ireland 2004-2006, identifies nutrient enrichment causing eutrophication as the main threat to water quality in Ireland. Municipal sources (mainly sewage discharges) and agricultural activities are identified as the main sources of nutrient enrichment.

Of the 2,985 river and stream sites examined in the report, a total of 39 locations were assessed as seriously polluted. Municipal sources were suspected to be the likely cause of pollution in 21 of these cases. A further 386 sites were considered to be moderately polluted with municipal sources being the suspected cause in 166 of these cases. The information requested in relation to land pollution is not available in my Department. The Department continues to invest substantially in the development of national water services capacity through the Water Services Investment Programme 2010-2012 . The current Programme is aligned with the priorities identified in the first cycle of River Basin Management Plans and has also taken into account relevant EPA reports on waste water discharges.

Discharges from local authority waste water treatment plants are subject to authorisation by the EPA under the Waste Water Discharge (Authorisation) Regulations 2007. The Agency may grant or refuse a licence and, where granting a licence, has the power to attach such conditions as are, in the opinion of the Agency, necessary to give effect to the requirements of existing environmental legislation in the field of water policy.

Air Pollution

Bernard J. Durkan

Ceist:

205 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the budgetary or legislative measures he has in mind to address serious air pollution at known locations; and if he will make a statement on the matter. [44626/10]

The monitoring, assessment and management of ambient air quality in Ireland is carried out according to the requirements of the EU Air Quality Framework Directive. This Directive was transposed into Irish law through the Environmental Protection Agency Act 1992 (Ambient Air Quality Assessment and Management) Regulations 1999. Under further regulations made in 2002, 2004 and 2009, specific ambient air quality standards have been prescribed for the following pollutants:

sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead (2002);

carbon monoxide and benzene (2002);

ozone (2004); and

polyaromatic hydrocarbons, arsenic, nickel, cadmium and mercury (2009).

The Environmental Protection Agency (EPA) has responsibility for monitoring Irish air quality. The EPA continually monitors a range of atmospheric pollutants via a network of air quality monitoring stations located around the country. The EPA reports the results of the air quality monitoring of the above pollutants on its website at:

http://www.epa.ie/whatwedo/monitoring/air/data /. My Department keeps these data under ongoing review to identify any significant trends which might emerge and also meets periodically with the EPA on air quality issues. The EPA also publishes a comprehensive annual report on air quality, the most recent being Air Quality in Ireland 2009 — Key Indicators of Ambient Air Quality (November 2010). This report, copies of which are available on the EPA's website, provides an overview of ambient air quality trends in Ireland in 2008 based on data from 30 monitoring stations and a further 18 stations operated by local authorities to measure black smoke. The report confirmed that air quality was generally good at monitoring stations throughout the country.

The report did find that levels of nitrogen dioxide and particulate matter (PM10) remain a concern in larger cities owing to traffic levels. My Department has met with the EPA, Dublin City Council and the Health Service Executive to discuss elevated recordings of nitrogen dioxide at Winetavern Street in April 2009 and the four Dublin local authorities are now preparing a plan to address this. Provisional data indicate that levels of nitrogen dioxide in Dublin measured during the first 9 months of this year are below the statutory limit value.

Domestic solid fuel use is the other main source of particulate matter in air in Ireland and particularly impacts air quality in areas where the sale of bituminous coal is permitted. As a result, levels of particulate matter in smaller towns are similar to, or worse than, those in cities.

In order to improve air quality, the sulphur content of bituminous coal is currently limited to 0.7 % by a Voluntary Agreement with members of the Solid Fuel Trade Group (SFTG). This agreement has been in place since 2002 and has helped to protect air quality standards in areas where bituminous coal continues to be used.

My Department, in consultation with representatives of the SFTG and other stakeholders, is now giving consideration to further strengthening measures to improve ambient air quality and the protection of human health and environmental quality from the pollutants caused by the burning of solid fuel. In this context, the establishment of a statutory basis for the 0.7% maximum sulphur content standard is under consideration. This work is being carried out in the context of the forthcoming application of the carbon tax to solid fuel in the domestic sector.

Water and Sewerage Schemes

Bernard J. Durkan

Ceist:

206 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the full extent of funding provided by him on a county basis for water and sewerage schemes, major or minor or group schemes in each of the past three years and to date in 2010; and if he will make a statement on the matter. [44627/10]

Exchequer investment in water services infrastructure is provided to local authorities under the water services investment programme, which is a rolling multi-annual programme for major public water and waste water schemes and the rural water programme. The details of expenditure on major water and sewerage schemes under the Water Services Investment Programme (WSIP) and the Rural Water Programme (RWP) on a county basis for 2007 to 2009 are set out in the following tables.

Water Services Exchequer Capital Expenditure

2007 Water Services WSIP + RWP

2008 Water Services WSIP + RWP

2009 Water Services WSIP + RWP

€000

€000

€000

County Councils

Carlow

10,221

7,317

4,886

Cavan

16,519

13,652

8,807

Clare

6,539

21,231

6,561

Cork

20,505

36,920

27,642

Donegal

36,475

16,891

20,019

Dun Laoire/Rathdown

3,062

11,463

20,736

Fingal

26,416

10,006

15,703

Galway

33,928

29,716

19,955

Kerry

6,671

12,661

11,070

Kildare

14,243

4,072

16,530

Kilkenny

1,734

3,705

3,789

Laois

25,093

14,385

11,450

Leitrim

11,589

10,054

15,893

Limerick

9,491

8,767

9,531

Longford

1,117

5,134

8,551

Louth

3,753

3,174

4,396

Mayo

34,846

21,571

29,773

Meath

19,433

43,728

44,323

Monaghan

3,149

9,230

13,427

North Tipperary

11,226

8,057

6,828

Offaly

5,229

3,325

6,034

Roscommon

12,412

18,890

18,339

Sligo

18,279

7,462

8,900

South Dublin

138

8,491

10,968

South Tipperary

2,805

3,380

6,493

Waterford

12,238

4,676

7,039

Westmeath

4,974

12,651

31,892

Wexford

7,879

15,982

9,617

Wicklow

12,354

19,578

22,658

County Council Totals

372,318

386,168

421,810

2007 Water Services WSIP + RWP

2008 Water Services WSIP + RWP

2009 Water Services WSIP + RWP

€000

€000

€000

City Councils

Cork

1,967

1,158

720

Dublin

54,319

73,834

60,063

Galway

910

657

4,885

Limerick

36,255

22,398

10,486

Waterford

19,858

9,966

10,764

City Council Totals

113,308

108,014

86,918

Borough Councils

Clonmel

0

280

Drogheda

0

569

Kilkenny

0

Sligo

0

Wexford

0

Borough Council Totals

0

569

280

Town Councils

Arklow

0

0

0

Athlone

2,918

0

0

Dundalk

6,000

0

1,190

Ennis

415

150

0

Fermoy

283

0

0

Listowel

11

0

0

Longford

0

0

0

Monaghan

0

0

1,099

Nenagh

0

56

0

Skibbereen

0

0

0

Templemore

0

15

0

Tralee

38

0

0

Youghal

0

140

0

Town Council Totals

9,665

361

2,289

Grand Totals

495,291

495,111

511,017

The 2010 exchequer provision for water services infrastructure is €508 million, of which €415 million is available under the Water Services Investment Programme and €93 million under the Rural Water Programme.

Funding for Water Services is based on recoupment to authorities of expenditure on a contract/scheme basis. Details of the contracts/schemes to be undertaken in the period 2010-2012 are set out in the Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library. Allocations on a county basis are made in relation to the majority of funding under the Rural Water Programme. The funding allocated to counties in 2010 under the rural water programme is set out in the following table.

2010 Rural Water Programme Block Grant Allocations

Local Authority

RWP Programme Block Grant Allocations

Carlow

1,990,000.00

Cavan

1,890,000.00

Clare

3,260,000.00

Cork (North)

1,720,000.00

Cork (South)

740,000.00

Cork (West)

695,000.00

Donegal

2,540,000.00

Dun Laoire/Rathdown

Fingal

Galway

21,552,000.00

Kerry

1,885,000.00

Kildare

860,000.00

Kilkenny

605,000.00

Laois

637,000.00

Leitrim

4,200,000.00

Limerick

4,200,000.00

Longford

615,000.00

Louth

720,000.00

Mayo

14,610,000.00

Meath

1,060,000.00

Monaghan

1,550,000.00

North Tipperary

1,800,000.00

Offaly

970,000.00

Roscommon

10,760,000.00

Sligo

1,145,000.00

South Dublin

South Tipperary

680,000.00

Waterford

920,000.00

Westmeath

820,000.00

Wexford

1,260,000.00

Wicklow

1,185,000.00

Total

84,869,000.00

Departmental Expenditure

Bernard J. Durkan

Ceist:

207 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to minimise the impact of the economic situation on the public with particular reference to extra costs on the public arising from his policy; and if he will make a statement on the matter. [44628/10]

Bernard J. Durkan

Ceist:

208 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the full extent of the financial impact of his policy on the public since he came to office; and if he will make a statement on the matter. [44629/10]

I propose to take Questions Nos. 207 and 208 together.

My Department is responsible for policy, and associated legislation, in the housing, water, environmental/waste, local government, heritage and other areas and achievement of the relevant policy objectives may have financial or wider economic impacts. In addition, my Department is responsible for a wide range of capital and current expenditure programmes which involve significant annual expenditure that is funded primarily from general taxation.

All relevant factors, including cost implications, are, and will continue to be, taken into account in the development of policy and the implementation of expenditure programmes by my Department.

Water Services

Bernard J. Durkan

Ceist:

209 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to make adequate provision for adequate drinking water sourcing and storage facilities on a county basis in the short to medium term; and if he will make a statement on the matter. [44630/10]

I refer to the reply to Questions Nos. 443 and 445 of 19 October 2010. The position is unchanged.

Local Authority Housing

Bernard J. Durkan

Ceist:

210 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to utilise excess housing stock, finished or unfinished, to meet the housing needs of those on local authority housing lists; and if he will make a statement on the matter. [44631/10]

It is the Government's intention to continue to meet the accommodation needs of as many households as possible within the resources available. The current oversupply of housing is a key factor in that regard, and there is potential to make economic necessity and the response to social need work in tandem by utilising unsold housing stock to accommodate families in need of social housing support.

In the context of rising social housing need, the priority must be to maximise delivery of social housing to cater for the greatest level of need at good value. The restructuring of the social housing investment programme to allow for a greater role for the Rental Accommodation Scheme and leasing offer the most effective and efficient response to both market realities and housing need, taking account of the resources available, current market conditions, and the need for a broader range of more flexible delivery mechanisms based on the life-cycle approach as set out in the Government's housing policy statement, Delivering Homes: Sustaining Communities.

Departmental Expenditure

Bernard J. Durkan

Ceist:

211 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent of any over or under expenditure, capital or current, by Vote, heading or subheading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if he will make a statement on the matter. [44657/10]

The Revised Estimates for Public Services 2010 provide a capital allocation to my Department for this year of €1,509.103m and a current allocation of €686.380m. Capital expenditure by my Department to 19 November 2010 is €805.664m and current expenditure is €550.469m. Details of the allocations and spend across the various programmes within my Department's remit are set out in the following table.

Programme Area

2010 Capital Estimate

Capital Expenditure to 19/11/2010

2010 Current Estimate

Current Expenditure to 19/11/2010

€000

€000

€000

€000

Administration

A.1 to A.8 Administration Budget

1,843

1,115

81,802

65,892

Housing

B.1 Social Housing Provision and Support

550,500

253,917

279,057

187,878

B.2 Local Authority Estate Regeneration and Remedial Works

240,000

76,444

1,375

0

B.3 Private Housing Adaptation Grants and Other Supports

89,500

53,802

4,632

3,887

Water

C.1 Water Services

508,000

336,496

Environment

D.1 Environmental Protection Agency

1,500

592

25,515

21,494

D.2 Environmental Radiation Policy

304

250

4,281

3,045

D.3 Subscriptions to International Organisations

4,116

4,106

D.4 Carbon Fund

33,223

32,870

D.5 International Climate Change Commitments

1,300

0

Waste Management

E.2 Landfill Remediation

4,000

1,264

Local Government

F.1 Local Government Fund

226,403

226,403

F.2 Fire and Emergency Services

18,000

15,697

1,250

229

F.3 Local Authority Library and Archive Service

7,300

2,101

1,600

1,069

F.4 Community and Social Inclusion

1,600

221

4,055

1,175

F.5 Disability Services

7,700

6,436

500

342

F.6 Economic & Social Disadvantage (Dormant A/C)

1,000

719

Heritage

G.1 Grant For Heritage Council

4,500

3,017

3,982

3,102

G.2 Built Heritage

11,500

4,319

4,715

1,358

G.3 Natural Heritage (NPWS)

14,200

4,818

17,385

13,049

G.4 Irish Heritage Trust

436

304

Planning

H.1 An Bord Pleanála

13,029

11,840

H.2 Planning Tribunal

5,984

2,633

H.3 Urban Regeneration

102

0

H.4 Tidy Towns Competition

289

289

H.5 Planning & Development

237

151

H.6 Foreshore

1,012

95

Other Services

I.1 Irish Water Safety Association

539

539

I.2 Miscellaneous Services

15,331

12,305

1,886

870

Total

1,509,103

805,664

686,380

550,469

It is usual that there is significant expenditure from the Vote towards the end of the year and I expect that this will also be the case in 2010. The position in relation to 2010 spending is being monitored closely by my Department, in consultation with local authorities. While it is likely that there will some savings in 2010, it is not possible at this stage to quantify the precise extent of any savings. I do, however, expect that any such amount will be modest relative to the overall provisions.

Departmental Bodies

Lucinda Creighton

Ceist:

212 Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government his views on the establishment of a single water authority for the country; and if he will make a statement on the matter. [44673/10]

Investment priorities in water services are set out under the Water Services Investment Programme 2010-2012 which I published in April 2010 following a comprehensive assessment of needs by water services authorities and my Department. 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, to ensure that the Programme is realistic in its level of ambition and that it clearly sets out investment priorities on a river basin basis.

The provision of water services is a function of the 34 city and county councils which are designated as water services authorities by the Water Services Act 2007.

In 2009, the Special Group on Public Service Numbers and Expenditure Programmes recommended that, in line with the EU strategy of river basin planning, the administrative structure for water services should follow that approach and move away from a city/county basis. The Group also recommended that existing administrative structures should be reduced from 34 local authorities and replaced with one national authority with an ability to plan and manage on the basis of river basins.

The Local Government Efficiency Review Group Report, published earlier this year, recommended the development of an enhanced regional office approach at river basin level for, inter alia, water services infrastructure delivery and implementation of the River Basin Management Plans. Work has commenced in my Department on implementing this specific recommendation.

Transferring responsibility for the provision of water services from 34 authorities to a single national authority would be a very substantial undertaking in terms of administrative restructuring and legislative reform. The priority at this stage is ensuring that the structures in place and those that will evolve on foot of the recommendations of the Local Government Efficiency Review Group Report can both deliver key water services infrastructure and support the implementation of river basin management planning.

The Government's National Recovery Plan 2011-2014, published yesterday includes a commitment to establish an independent water regulator for the sector as part of the introduction of domestic water metering.

Housing Grants

Paul Connaughton

Ceist:

213 Deputy Paul Connaughton asked the Minister for Communications, Energy and Natural Resources if an application has been processed for an insulation grant in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [44478/10]

The Sustainable Energy Authority of Ireland (SEAI) is responsible for the administration of the Warmer Homes Scheme (WHS). Queries in relation to individual applications are an operational matter for SEAI. A dedicated WHS hot line — 1800 250 204 — has been in operation for some time and all queries, from scheme applicants and public representatives, on delivery dates for individual households and/or funding agreements are dealt with immediately. In addition, the WHS programme manager, Mr. Michael Martin of SEAI is available to deal with queries on 042 939 1548.

Telecommunications Services

Finian McGrath

Ceist:

214 Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources the position regarding the roll-out of the rural broadband scheme. [44510/10]

Eamon Scanlon

Ceist:

215 Deputy Eamon Scanlon asked the Minister for Communications, Energy and Natural Resources his plans to include north Sligo and Leitrim in the next roll out of rural broadband to be announced. [44571/10]

I propose to take Questions Nos. 214 and 215 together.

The provision of telecommunications services, including broadband services, is a matter for private sector service providers operating in a liberalised market regulated by the Commission for Communications Regulation (ComReg). Broadband services are provided by private service providers over various platforms including DSL (i.e. over telephone lines), fixed wireless, mobile, cable, fibre and satellite. Service providers' decisions to provide broadband services in areas are taken on the basis of commercial viability. Such decisions are matters for the service providers concerned.

ComReg's website www.callcosts.ie provides detailed information on the various private sector telecommunications products and services available on a county by county basis including counties Sligo and Leitrim.

It continues to be a priority of the Government that there will be broadband coverage across the entire country. However, despite Government and private investment in broadband, I am aware that there continues to be a small percentage of premises throughout the country that will not be capable of receiving broadband services. This is primarily due to technical and other reasons (suitability of a telephone line, distance from an enabled exchange, no line of sight etc.).

The European Commission has set aside a portion of the European Economic Recovery Programme (EERP) funding for rural broadband initiatives. Using this funding, which will be augmented by an Exchequer contribution, I intend, subject to Government approval, to launch a Rural Broadband Scheme by the end of the year. This scheme will aim to provide a basic broadband service to individual un-served rural premises outside of the National Broadband Scheme (NBS) areas.

There will be a competitive process to engage a service provider who will offer a broadband service to qualified applicants under the scheme. While the exact details have yet to be finalised, I expect that the service offered under this scheme would at least match the service offered under the NBS. This process will be technology neutral — it will be a matter for the bidders to decide which technical approach they propose in their bids.

Information in relation to acceptance of applications and the process of qualification under the scheme will be made available in due course when the scheme is launched.

Departmental Expenditure

Bernard J. Durkan

Ceist:

216 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent of any over- or under-expenditure, capital or current, by Vote, heading or subheading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if he will make a statement on the matter. [44652/10]

The total funding, including capital carryover of €15.721m from 2009, allocated to my Department for 2010 is €533.643m (including €222.130m in relation to the Vote neutral Broadcasting Licence Fees) of which €429.493m was profiled to be spent by the end of October. Expenditure as of the 31st October 2010 was €379.291m resulting in an under spend of €50.202m at that point in the year.

The table below shows the 2010 allocation and expenditure for each subhead under my Departments Vote.

Subhead

2010 Allocation

2010 Spend to end October

€000

€000

A1 — Salaries, Wages & Allowances

16,295

13,129

A2 — Travel & Subsistence

801

411

A3 — Incidental Expenses

1,495

665

A4 — Postal & Telecom Services

787

322

A5 — Office Machinery & Other Office Supplies & Services

4,236

1,236

A6 — Office Premises Expenses

1,289

540

A7 — Consultancy Services

1,771

742

A8 — Equipment, Stores & Maintenance

154

57

A9 — Value for Money & Policy Reviews

10

1

B1 — Information & Communications Technology Programme

59,428

37,377

B2 — Multimedia Developments

7,554

5,491

B3 — RAPID Programme

370

B4 — Information Society & eInclusion

450

55

C1 — Grant to RTÉ for Broadcasting Licence Fees

195,000

161,800

C2 — Payment to an Post for Collection of Broadcasting Licence Fees

12,452

9,863

C3 — Deontas I Leith Theilifís na Gaeilge

34,050

29,343

C4 — Broadcasting Fund

14,678

12,191

C5 — Grants for Digital Terrestrial Television

50

D1 — Sustainable Energy Ireland Administration & General Expenses

7,808

6,033

D2 — Sustainable Energy Programmes

105,136

63,216

D3 — Energy Research Programmes

14,337

5,001

D4 — Strategic Energy Infrastructure

1

E1 — Petroleum Services

5,367

78

E2 — Mining Services

6,710

469

E3 — GSI Services

540

153

E4 — Geoscience Initiatives

4,285

444

E5 — National Seabed Survey

2,992

2,372

E6 — Ordnance Survey Ireland

4,985

4,985

F1 — Inland Fisheries

29,611

23,029

G1 — Subscriptions to International Organisations

463

267

G2 — Change Management Fund for Non-Commercial Bodies funded by the Department

1

G3 — Gas Services

32

21

G4 — Other Services

501

TOTAL

533,643

379,291

A significant portion of 2010 spend is scheduled to take place between end October and year end due to a combination of timing issues and an initial slower than expected uptake on certain programmes. While it is likely that there will be some under spend at year end, it is expected that it will be substantially lower than end October spend might suggest as timing issues resolve themselves and increased uptake on sustainable energy programmes translates into increased expenditure.

Departmental Schemes

Finian McGrath

Ceist:

217 Deputy Finian McGrath asked the Minister for Agriculture, Fisheries and Food the position regarding a matter (details supplied). [44461/10]

The cheese is available to charities who then arrange for distribution to needy individuals.

The scheme is funded by the European Commission.

The charities make an application in the first instance to the Intervention Unit of my Department. Once approved a warrant is issued which is used by the charity to collect the cheese from one of the five cold storage facilities where the cheese is stored around the country.

State Bodies

Thomas P. Broughan

Ceist:

218 Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food when the 2009 Annual Report for Horse Racing Ireland will be published; and if he will make a statement on the matter. [44466/10]

The 2009 Annual Report and Financial Statements for Horse Racing Ireland were submitted recently to my Department where they are now being examined by officials with a view to their being presented to Government prior to publication. It is not possible to give a definitive date as to when this process will be completed.

Grant Payments

Paul Connaughton

Ceist:

219 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Galway has not been paid the appropriate amount of area based payment or the single farm payment; the problems arising which have stopped the payments; and if he will make a statement on the matter. [44479/10]

An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 13 May 2010. Advance payments under the Disadvantaged Areas Scheme and Single Payment Scheme were issued to the applicant on 22 September and 18 October respectively on the basis of the declared digitised land. One of the land parcels listed on the application required re- digitisation and this process is now complete. The application is now fully processed and full-balancing payments due in respect of the Single Payment Scheme/Disadvantaged Area Scheme will issue shortly to the person named.

Ned O'Keeffe

Ceist:

220 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food when two specific payments will be made to a person (details supplied) in County Cork. [44481/10]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 10 May 2010. This application was selected for and was the subject of a Ground Eligibility and Full Cross Compliance Inspection. The inspection process is complete and the results are now being processed. Under EU regulations governing the Disadvantaged Areas Scheme and the Single Payment Scheme all Ground Eligibility Inspections must be completed before any payment can issue to any applicant under either scheme, including those not selected for a Ground Eligibility Inspection.

In the vast majority of cases that were inspected amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making payments to farmers is kept up-to-date. Processing of these changes is continuing with priority being given to applications that were the subject of a Ground Eligibility Inspection.

John O'Mahony

Ceist:

221 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Questions Nos. 486 and 487 of 19 October 2010, when payments for area aid payment and single farm payment will be made in respect of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [44490/10]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 27 April 2010.

This application was selected for and was the subject of a Ground Eligibility and Animal Identification Inspection.

The inspection process is completed and the application has now been fully processed. Payment under the Disadvantaged Areas Scheme will issue within one week. Payment under the Single Payment Scheme will issue on the 1 December.

John O'Mahony

Ceist:

222 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their single farm payment and area aid based payment; and if he will make a statement on the matter. [44505/10]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 14 May 2010. This application was selected for and was the subject of a Ground Eligibility and Animal Identification Inspection.

The inspection process is complete and the results are now being processed.

Under EU regulations governing the Disadvantaged Areas Scheme and the Single Payment Scheme all Ground Eligibility Inspections must be completed before any payment can issue to any applicant under either scheme, including those not selected for a Ground Eligibility Inspection.

In the vast majority of cases that were inspected amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making payments to farmers is kept up-to-date. Processing of these changes is continuing with priority being given to applications that were the subject of a Ground Eligibility Inspection.

Denis Naughten

Ceist:

223 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) will receive their payment; the reason for the delay; and if he will make a statement on the matter. [44508/10]

I understand that an application for payment of a forestry grant and premium is currently being processed by my Department. I have asked that payment be made as quickly as possible.

Denis Naughten

Ceist:

224 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Roscommon will receive payments; and if he will make a statement on the matter. [44532/10]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 18 March 2010. This application was selected for and was the subject of a Ground Eligibility and Animal Identification Compliance Inspection.

The inspection process is complete and the results are now being processed. Under EU regulations governing the Disadvantaged Areas Scheme and the Single Payment Scheme all Ground Eligibility Inspections must be completed before any payment can issue to any applicant under either scheme, including those not selected for a Ground Eligibility Inspection.

In the vast majority of cases that were inspected amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making payments to farmers is kept up-to-date. Processing of these changes is continuing with priority being given to applications that were the subject of a Ground Eligibility Inspection.

John O'Mahony

Ceist:

225 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their correct area aid payment and single farm payment; and if he will make a statement on the matter. [44539/10]

An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 4 April 2010. The person named received the 75% initial payment under the Disadvantaged Scheme and the 50% initial payment under Single Payment Scheme. A balancing payment under the Disadvantaged Areas Scheme has issued to the person named. The balance due under the Single Payment Scheme is due to issue on 1 December 2010.

Paul Connaughton

Ceist:

226 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Galway did not receive their single farm payment or their area-based payment; and if he will make a statement on the matter. [44551/10]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 13 May 2010. This application was selected for and was the subject of a Ground Eligibility Inspection. The inspection process is completed and the application has now been fully processed. Payment under the Disadvantaged Areas Scheme issued on 16 November 2010. The 50% advance under the Single Payment Scheme issued on 16 November 2010 with the balancing payment due in December.

Farm Retirement Scheme

Olwyn Enright

Ceist:

227 Deputy Olwyn Enright asked the Minister for Agriculture, Fisheries and Food if, further to Parliamentary Question No. 481 of 19 October 2010, he will provide the information requested; and if he will make a statement on the matter. [44555/10]

As outlined in the replies to Parliamentary Questions Nos. 10960 of 7 April 2004 and 37130 of 19 October 2010, the person named lodged an application under the 1994 Scheme of Early Retirement from Farming on 10 December 1999. This application was rejected and the applicant was informed of the reasons. The Department was not aware at the time that the person named had ceased farming after 1996 and had rented her land and this was not one of the reasons for the rejection of the application. Had this point been considered, it would have been an additional reason for rejecting the application as it is evident that the person named could not have fulfilled all of the conditions outlined in Section 1, Part II (Terms and Conditions), under the heading ‘Person eligible to become a Transferor'. This requirement states that:

"In order to become a transferor, the applicant must on the date he/she ceases farming, i.e. the date on which all the transfer documents are signed or the land re-assigned to non-agricultural uses:

be between his/her 55th and 66th birthdays and

be farming an area of not less than 5 hectares of utilisable agricultural area (UAA) and

have practised farming as a main occupation for the preceding ten years."

Under the terms of the scheme, lands had to be transferred by gift, lease or sale to eligible Transferees. Leases had to be for a minimum of five years. Land let for shorter periods was not eligible. A copy of the 1994 Scheme Terms and Conditions has been sent to the person named.

Grant Payments

John O'Mahony

Ceist:

228 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their disadvantaged area aid payment and their single farm payment; and if he will make a statement on the matter. [44556/10]

An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 29 April 2010. There were a number of land parcels declared on his application that were deemed to be over-claimed. The herd-owner was written to in this regard and he has accepted the revised areas, on foot of which, his application has been fully processed with payments due under both Schemes scheduled to issue shortly.

Decentralisation Programme

Sean Sherlock

Ceist:

229 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the decisions that have been taken regarding the local office reorganisation plan and plans to decentralise departmental offices to Fermoy, County Cork; and if he will make a statement on the matter. [44558/10]

The local office reorganization plan involves reducing from fifty-seven to sixteen the number of offices from which the Department will operate District Veterinary, Forestry and Agricultural Environment and Structures support services in the future. County Cork is to have two of the sixteen remaining offices. Clonakilty has already been established as a regional office. To complete the integration of services for County Cork a further regional office is soon to be established.

Grant Payments

James Bannon

Ceist:

230 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the position regarding an application for agricultural payments for 2009, in respect of a person (details supplied); if payment will be issued without further delay; and if he will make a statement on the matter. [44569/10]

An application under the 2009 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 15 May 2009. This application was processed and payment under the Disadvantaged Areas Scheme issued on 21 September 2009. The advance and balancing payments under the Single Payment Scheme issued respectively on 19 October and 1 December 2009. All payments issued directly to the nominated back account of the person named.

Departmental Expenditure

Bernard J. Durkan

Ceist:

231 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food the extent of any over or under-expenditure, capital or current, by Vote, heading or subheading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if he will make a statement on the matter. [44651/10]

On the basis of expenditure to date and that forecast to year-end, my Department anticipates savings on the Vote in 2010 across some subheads. The anticipated savings will arise across various subheads on the Administrative Budget as well as across a range of other schemes and services. Some reallocation between subheads may also occur.

The difficulty in estimating the full-year savings arises as a result of the high proportion of scheme payments that are made in the final quarter of the year, for example approximately €1 billion has been paid under the Single Payment Scheme and Disadvantaged Area Scheme to date and I am confident that, by year-end, expenditure under both schemes will be well in excess of €1.2 billion. It is my intention that every effort will continue to be made to have all remaining payments issued as soon as possible. In addition, there are high levels of payments made under REPS in the latter months of the year and those payments will also continue until year-end. The end-November figures will provide a clearer estimate of the anticipated full-year expenditure and I will arrange to have a summary of the situation sent directly to the Deputy at that stage.

Beef Exports

Lucinda Creighton

Ceist:

232 Deputy Lucinda Creighton asked the Minister for Agriculture, Fisheries and Food the action he has taken to develop a potential market for Irish beef in the Philippines as outlined in the Global Irish Economic Forum report; and if he will make a statement on the matter. [44672/10]

My Department, in co-operation with Bord Bia and the Department of Foreign Affairs, held a seminar in the Philippines in September 2007 in order to demonstrate the safety standards applicable to Irish food products and the effectiveness of our BSE controls. The veterinary authorities in the Philippines wrote to my Department in early 2008 requesting a list of approved meat plants, from which to make a selection for audit. This list was forwarded to the Philippines and in June 2008, they selected four pigmeat plants and six beef plants to complete a detailed pre-audit questionnaire. In August 2008 the authorities officially lifted their ban on Irish beef, subject to an inspection visit. In April 2009 my Department responded to the Filipino authorities with completed questionnaires from nine of the selected plants, one plant having decided not to proceed.

Plans were subsequently drawn up on two occasions to receive an inspection delegation from the Philippines. The first arrangements for an inspection visit were made for September 2009, but had to be rescheduled at the behest of the delegation. Unfortunately the rescheduled visit which was planned for November 2009, was also cancelled at short notice, as the Filipino veterinary team could not obtain clearance to travel from their own administration. The matter has been kept under review and it is hoped that we will be in a position to renew the invitation to the Filipino authorities to carry out an inspection visit in the near future.

Legislative Programme

John McGuinness

Ceist:

233 Deputy John McGuinness asked the Minister for Enterprise, Trade and Innovation her plans to amend the 1990 Industrial Relations Act; her views on the term “worker” and the list of occupations not included in the relevant section of the legislation; and if he will make a statement on the matter. [44580/10]

I assume the question relates specifically to amending the definition of "worker" under the Industrial Relations Act 1990. Access to the employment dispute settling bodies under the Industrial Relations Acts is governed by the definition of "worker" in Section 23 of the Industrial Relations Act 1990. Workers not included within this definition are normally covered by separate schemes of Conciliation and Arbitration.

Section 23(1)(e) of the 1990 Act excludes, inter alia, "an officer of a vocational education committee" from this definition of "worker". Arising from an agreement between management and union sides to abolish the existing Conciliation and Arbitration machinery for vocational educational committee officers and to bring them within the scope of the Industrial Relations Acts, it is now proposed to amend the definition of "worker" to include such officers, with the exception of teachers, within the definition of "worker" in the Act. An amendment to this effect is included in the Industrial Relations (Amendment) Bill 2009, which is currently awaiting Committee Stage in the Dáil.

The question of an amendment to the Industrial Relations Acts to provide for the inclusion of persons employed in the civil service in the definition of "worker" may arise in future in the context of ongoing discussions between civil service management and unions in relation to possible changes in arrangements under the Civil Service Conciliation and Arbitration Scheme. These discussions would be a matter in the first instance for the Minister for Finance.

Intellectual Property Regime

Lucinda Creighton

Ceist:

234 Deputy Lucinda Creighton asked the Minister for Enterprise, Trade and Innovation the action he is taking to review the current intellectual property regime in universities to make it more business friendly; the steps he has taken to explore the potential to develop Ireland as a centre of excellence for the registration of patents; and if he will make a statement on the matter. [44674/10]

The Innovation Taskforce Report, published last March, made recommendations across a wide range of areas, including the need to transform our intellectual property arrangements. The intellectual property-related recommendations contained in the report are aimed at ensuring that industry and businesses will experience a predictable, consistent and speedy approach when engaging with research institutions to commercialise intellectual property.

In response, I established an Intellectual Property Implementation Group last June to drive the implementation of these recommendations within a short time frame, in order to ensure that all enterprises, from small businesses to multinationals, get better access to Government-supported intellectual property and can then use it to create jobs and drive our economic recovery. This group includes IP experts from business, the VC community, Technology Transfer Offices of universities, and is supported by an IP lawyer.

A key task for the Group is to develop a more user-friendly system for industry to commercialise intellectual property. The ambition is to give Ireland a competitive advantage over many other countries and the goal is to create smart and sustainable jobs. In tandem with this work, my Department, in consultation with key research funding agencies is currently working on enhancing and updating existing intellectual property policies and supports. The development of a clear intellectual property policy will help Ireland maximise the return on public investment and support the commercialisation of Irish research and development.

In order to promote Ireland as a centre of excellence for the registration of patents, we must ensure that our intellectual property legislative framework in this area meets both our national needs and our international obligations. The Patent (Amendment) Act, 2006 contains the necessary substantive legislation provisions to give effect to a number of international agreements. The Patent (Amendment) Rules, 2009 bring Irish rules more fully in line with European and worldwide standards and provide a straightforward patenting system making use of available technology for easier access to intellectual property protection for all users of the system.

The Innovation Taskforce Report also made proposals relating to marketing Ireland as a location for research and commercialisation of Intellectual Property. These proposals are under review by my Department and a number of initiatives are in train. For example, legislation in been prepared to enable Ireland to ratify the London Agreement, a review of the Patent (Amendment) Act, 2006 is under way and we continue to support the creation of the EU patent though negotiations in Brussels as a matter of urgency. The Patent Office has embarked on a number of information seminars to industry and provides one to one support to innovators.

Redundancy Payments

Ned O'Keeffe

Ceist:

235 Deputy Edward O’Keeffe asked the Minister for Enterprise, Trade and Innovation when specific payment will issue to a person (details supplied) in County Cork. [44489/10]

My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social Protection. 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 redundancy lump sum claim in respect of the individual concerned on 15 June, 2010. This claim awaits processing.

In respect of lump sum payments paid directly to employees in instances where employers are unable to pay the statutory redundancy entitlements claims dating from April 2010 are currently being processed. Of course in some instances, where the necessary supporting documentation for lump sum claims is not provided to my Department, or where queries arise, processing of claims can be further delayed until the required documentation is provided and/or outstanding queries are resolved.

My Department continues to make every effort to reduce processing times. Measures already taken in the Department to alleviate the pressures on the Payments area include:

Almost doubling the number of staff working solely on redundancy payment claims through reassignment to a current level of 52 full time equivalents;

Prioritisation of the Department's overtime budget towards staff in the 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 existing outstanding tax liabilities which those employers owe to the Revenue Commissioners.

The backlog and waiting times remain at unacceptable levels. However, improvements are evident. In 2009, my Department processed 50,664 claims, up 70% on the previous year. Furthermore, the level of new claims processed in the first ten months of 2010 was 63,484 — up over 66 % on the corresponding 10-month period in 2009 (38,149) and surpassing the total amount of claims processed for the full year 2009. The backlog of claims is decreasing — reducing from its highest level in November 2009 of 43,608 to a current level of 28,300.

Responsibility for the payment functions arising under the Redundancy and Insolvency payment schemes is due to be transferred to the Department of Social Protection with effect from 1 January 2011. 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.

Departmental Expenditure

Bernard J. Durkan

Ceist:

236 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation the extent of any over or under-expenditure, capital or current, by Vote, heading or subheading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if he will make a statement on the matter. [44656/10]

The DETI gross exchequer allocation for capital and current for 2010 is €1,177.620 million. My department maintains an ongoing overview of expenditure and is currently reviewing the expected outturn for the end of year, to identify any savings or shortfalls. Currently the majority of Vote Subheads are performing close to profile with variances on some current expenditure subheads, due to economies of scale identified, moratorium on filling vacancies, downturn in economic activity and other savings arising. These will be fully quantified closer to year-end. The following table summarises the Department's expenditure to the end of October 2010.

Expenditure category

2010 Allocation

Expenditure To End October

€,000

€,000

Total Current Expenditure

696,941

578,070

Total Capital Expenditure

480,679

327,723

Total Gross Voted expenditure

1,177,620

905,793

Security of the Elderly

Richard Bruton

Ceist:

237 Deputy Richard Bruton asked the Minister for Community, Equality and Gaeltacht Affairs the terms under which he will make available supports for home security to older persons and if any changes in these supports are envisaged in the four year budgetary plan. [44607/10]

My Department administers the Seniors Alert Scheme, which provides funding to local community and voluntary organisations to install personal monitored alarms, monitored smoke and carbon monoxide detectors, external security lights and internal emergency lighting to enable older persons live independently and with peace of mind.

Eligible persons are identified through their local community organisation and an application is made on their behalf. The older person must be 65 years or older, living alone or with other eligible persons and of limited means or resources.

As the Deputy is aware, all Departments are currently involved in a detailed budgetary estimates process for 2011. At this stage, I cannot set out precise levels of funding for specific schemes into the future. However, I can assure the Deputy that I will be endeavouring to make the best possible use of the resources available and supporting front-line services to the greatest extent feasible.

Departmental Expenditure

Bernard J. Durkan

Ceist:

238 Deputy Bernard J. Durkan asked the Minister for Community, Equality and Gaeltacht Affairs the extent of any over or under-expenditure, capital or current, by Vote, heading or subheading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if he will make a statement on the matter. [44653/10]

My Department's gross allocation to deliver its wide range of programmes and measures in 2010 is €440.864m. A supplementary estimate providing an additional allocation of €14m in capital was approved yesterday by the Select Committee for Tourism, Culture, Sport, Community, Equality and Gaeltacht Affairs.

The additional funding will be provided to the following subheads:

D.5LEADER Rural Economy 2007-2013 (€8m);

E.1. Gaeltacht Capital (€3m); and

E.7. Údarás Na Gaeltachta — Grants for Projects & Capital Expenditure on Buildings (€3m).

The additional €8m for LEADER is required due to greater than expected take up under the Rural Development Programme 2007-13 (RDP) during 2010. Many groups are finding that project promoters are in a position to complete projects earlier than expected and, therefore, require additional funding in order to meet those demands. Accordingly, this Supplementary Estimate will allow worthwhile RDP projects to be completed, which will have a positive effect on the rural economy and the quality of life in rural areas. For every euro spent, it will also lead to Appropriations-in-Aid into the Exchequer of up to 55% from the EU. The Supplementary Estimate will also facilitate the payment of grants under the Gaeltacht Housing Scheme in respect of eligible applications that were on hand at the time of the suspension of the scheme.

The additional allocation to Údarás na Gaeltachta will enable additional payments to be made this year in respect of commitments arising from the provision of a range of training courses by the academic sector. My Department will continue to monitor and manage expenditure across all subheads in the lead up to the end of the year, in line with public financial procedures.

Bernard J. Durkan

Ceist:

239 Deputy Bernard J. Durkan asked the Minister for Defence the extent of any over or under-expenditure, capital or current, by Vote, heading or subheading to date in 2010 in tabular form; the reason for any surplus or shortfall; if expenditure to date in each case is in line with budgetary projections; and if he will make a statement on the matter. [44654/10]

The information requested is set out in the following tables:

DEFENCE (VOTE 36)

Expenditure

Gross

Net

€m.

€m.

Non-Capital

Profile to end-October 2010

601

563

Actual to end-October 2010

566

525

Variation

35

38

Capital

Profile to end-October 2010

11

5

Actual to end-October 2010

8

4

Variation

3

1

Expenditure on the Defence Vote to date in 2010 is somewhat lower than profiled across pay and non-pay subheads. However, there are significant spending commitments for the remainder of the year. At this stage it is projected that the year-end position will show gross savings of approx €21m, excesses of approx €12.5m and surplus appropriations-in-aid of approx €1m, resulting in overall net savings of €9.5m.

ARMY PENSIONS (VOTE 37)

Expenditure

Gross

Net

€m.

€m.

Profile to end-October 2010

173

168

Actual to end-October 2010

179

174

Variation

-6

-6

Expenditure to date on the Army Pensions Vote is higher than profiled and a Supplementary Estimate in the sum of €9.5m is required for 2010. This arises mainly from the higher than anticipated number of personnel leaving the Permanent Defence Force and qualifying for gratuity and pension.

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